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A CAREFUL DIGEST AND REVIEW OF THEIR HISTORY J EM- BRACING THEIR ORIGIN, DESIGN, MANAGEMENT, REVENUES, USES, AND INVESTMENT OF THE INCOME DERIVED FROM them; THE WHOLE BEING OBTAINED BY A LABORIOUS EXAMINATION OF OFFICIAL DOCUMENTS, AND COVERING THE PERIOD FROM A. D. 1635, TO THE PRESENT TIME BY A. RANKIN A. M. WITH AN INTRODUCTION BY REV. HENRY WILKES, A.1B. Jllontreal: PRINTBD BY J. C BKCKBT, NO. 22, Q&tAT ST. JAMBS STREET *€ 1850, igi", ■!».'. U If ■■•-^■- TON r E iN T S . CHAPTER I Th€ first ScttletucTit of the Jesuits in Canada— their Occu- pation. Suppression and the Confiscation of their Property, and their Entinetion by Death— the Origin, Letters Patent, Design, Amortization and Extent of their Estates . . . CHAPTER II- A more minute Specification of this Property « « CHAPTER III. The Revenue of this Property, and the use to which it wae p^itfparticulafiy from 1800 to ISS.O ■ CHAPTER IV. Ahenation of the Property, Perversion of the Revenue, ice . CHAPTER V. Measures preparatory to the Restoration to their Original Design, and Legislative action, appropriating the Revenue exclusively to Education ....... c .. <> 11; 28 35 44 CHAPTER VI. Ti>e Revenue of 1832 and 1849, Grants from it, the Invested Funds, &c. 54 CHAPTER Vll. The poliey of Government— the duty of the Colonists— the intention and efforts of the Roman Catholics to acquire the posseaiion and control of these Estates ...... 1 5 IV ii CHAPTER VHI. Have the Roman Catholics a legal or equitable right to these Estates? . . . . • 7^ CHAPTER IX. Same Bubject continued • 7^ CHAPTER X. Authorities supporting the positions of the foregoing chapters 83 CHAPTER XI. , The Roman Catholics have no right in equity to these Estates . 96 CHAPTER XII. Strictures on a Memoir of the Estates which belonged to the Jesuits, &c., — the Legal Tenure of this Property waf never vested in the Roman Catholic Church— the English Government never guaranteed it to the Jesuits — it was rightfully Confiscated ; the incorrect statements of the author . , .... IOC CHAPTER XIII. The exorbitance, unreasonableness and injustice of the desire and purpose of the Roman Catholics to obtain this Property 114 CHAPTER XIV. The Protestant population may retain these Estates to be devoted to their present use — some considerations that urge them to exerK themselves for this purpose*— and stig- gestions relative to the course of procedure necessary to secure this result ,,,....,.,,.,. 324 INTRODUCTION The Author of this work has requested me to introduce it to th6 notice of the public by a few explanatory observations ; with iha'^; request I now comply* Mr. Rankin is a clergyman of the Congregational order, held in high esteem in those places in which his public life has been chiefly spent. Having occasion to spend a year and a lialf in one of our Eastern Townships, where reside several near re!ative!»» he was induced, as well by iialaraJ taste, as by the request of others, and, above all, by a desire to be useful, to engage in those investigations, the results of which are found in the following pages. In pursuit of his object, he visited Quebec and other places, obtained access to all needful public documents, and received varied information ftom parties competent to afford it. On the completion of hia researches, a series of fourteen letters — corresponding with the chapters in the following work — were written for the Sherbrooke Gazette, and were published in that journal. They attracted much attention, so far as the local and limited circulation of that paper permitted, and the desire was expressed in several quarters, that they should assume a more permanent form for reference, and should also be circulated extensively through the country. The issue of this work is in conformity v;ith such desire, which, it is hoped, will be fully complied with, by a lively demand on the part of the public. It will be obvious to every reader, aware of the general want of knowledge m the country upon the subject of the Jesuits' Estates, that thefco chapters have not been penned without great and pains-taking toil. I have no doubt that their accuracy in all I I vi iiinportant particulars may ho fully depended upon. They bear the marks of great caution and candor in the adjusinient of doubt, ful points, and in reaching conclusions. Of course, the work is not one (iited much to interest the imagination or to stir the affections. It is nut a thing of fiction or of romance, with tlirilliDg incidentti and affecting scenes; but, nn the Author's {•uppusition that the people of Canada only need to be inlormcd I'c'garding matters of no little concern to their own higher interests and tiiosc of their 'children, to bcslir themselves, as becomes fVce. fticn, for the maintenance of their rights;— this lillle book cannot ii\i] to produce an impression. The plan adopted by the Author of inserting in the text t}f the Wdrk, the important public docu. mcnts, which both afford and sustain his positions regarding these Estates, instead of throwing them into notes, necessarily gives to the eurher Chapters an aspect of formality and dryncisB, by ho means attractive; but as the papers deserve this prominence, I pray the reader to wade through themj both for their historical interest, and the essential bearing they have on what follows. It is, probably, the Jgenet&i impression on the public mind in Canada, that the Jesuits' Estates* question is one only of local interest. I have no doubt, for instance, that the vigorous and enlightened people of Western Canada, for the most part regard this as a Lower Canada queuiion, and, perhaps, mainly a French question, with which they have little concern. But, apart from the common error of supposing such a matter unimportant to them, because it relates to this part of the United Province, they will find, on examination of the facts now laid before them, that the question is Canadian, without reference to East or West — tiiese Estates belong to the whole country, and not to a part of it ; for they were given or acquired at a period when Canada had not been separated into Upper and Lower. And, assuredly, if the Canadian people, as a whole, bestir themselves in this matter in time, they will secure for their children, and their children's children, an inheritance for the promotion of sound education of no trivial value. With a brief indication of the points brought out in the follow- ing little treatise, these introductory observations may be brought tu a close. Very early in the history of this Colony, as settled by the French, certain lots of land in Quebec and elsewhere, were conveyed to the S.'cioty of Jesus, fur the purpose of founding and ■| vu )car ubt. k if the ith or's cd csts i-ce. not lor >cu. icse i to nu e,I ictti sustaining a College for the education of the pcopl?. The proccsi by which this little mutter increased to a great one, appears in detail. A College was erected— the profits of the Estatei were inve&tcd in fresh acquisitions, and the entire n[iatlcr 8«*cmp to have proceeded harmoniously until the conquest by Great Britain, and Ihe subsequent treaty ceding the country to that power. At that time provision was made for the lapsing of these Estates to the Crown. The order of Jesuits was abolished in Canada, and while a dcqcnt maintenance was provided for the survivors, on the death of the last, the Crown was to take formal possession of the whole. This was at length accomplished in the year 1800. Special attention should be directed to the mystery which sur- ronnds the employment of the income of the Estates, during many years afterwards. The Legislature of Lower Canada, directed their investigations into these matters, w ith commendable regard to the public welfare ; but their success was not great. In the year 1831, the Home Government placed these Estates in charge of our local Legislature, since which time the whole transactions in regard to them are of easy access. Yet certain things, aod es- pecially one important matter, demand explanation ; while for many years public money has been voted for education with com- mendable zeal by our Legislature j it appears that the i/early in- come of these Estates^ specially given and acquired for educa. Hon, WIS for many years allowed to accumulate^ so that to the credit of that account in the books of the Province, stands a sum of between jC52,000 and £53,000. Every man in Canada should ask what is this sum intended for? Why has it not been ex- pended in education ? Admitting that the accumulation occurred^ while little was being done for that object, why was tliere not distribution m after and better times 1 The retention of this ac- cumulation of income for many years, and amid al) changes of Government, srems to indicate s»jme settled uniform policy. Let the country insist upon knowing whit that is. Is there any design to give these Estates and this accumulation to the Roma* Catholic Church 1 The author of the following pages very clearly shows that that Church has no right to then», legal, equitable or moral ; but he demonstrates that such right is affirmed, and on all fitting occasions presented and pnshed. Every Roman Catho- lic and Protestant in Canada has a deep interest in the settlement of this question. The claim is set op on behalf of ccclcsiasticai control. The pmple of all classes have a really large slake in viii I the altcriiutivc, Bimll it be thus? or siiull ttiiu property be national, and be managed by the people's representatives for the people's welfare ? Let every man study the question and do his duty. The value of the property is at this moment, probably, between £750,OU0 and Xl.OOO.OOO, or to employ the nomenclature of the •tuthor, betvycen three and four millions of dollars. What will be- come its value as the country advances, and under good manajje- nit-nt ? Mr. Rankin has not particularly alluded to the bearint^ i)f the question on the interests of the Western parts of the Pro- vince, nor is this the place to discuss that point ; but enough will be fuund in these pages to justify the inference, that the dwellerH in the Western, London and Gore Districts, have so.-ncthing at stake in the matter, as well as those in the Districts of Gaspu and Quebec. The work is commended to the thoughtful regard of the people of Canada. •W H, WILKES MoNTRiSAL. July, .1850. I'l i I ' I wl :,j >'l 1 ' The seigniories were given particularly to ca- techise, instruct, and teach, and even for the as- ii 12 sistance the inhabitants of the country were to receive ; this seigniory, and those to be men- tioned, were in like manner amortized for ever for the same consideration, and for the establish- ment of this College and its church, and for the Catholic religion. {Letters patent^ 1678- ) The two Loreltes, or Seigniory of St. Gabriel, were given solely from friendship to the Jesuits. This gift was made over and amortized to the Col- lege. ( Ordinance of 1609. Fatent 1678. ) The Peninsula upon the river St. Charles, Lavacheirie^ near Quebec, was granted to supply the place of six arpents, taken from twelve arpents for the College, and for the same reason and end as as- certained in the titles to Charleshourg. It was also amortized and aimexed to the College. (Title of possession IQ'iQ. Patent \Q1S.) Sillery, near Cape Rouge, was granted for the temporal and spiritual aids of the country, and to support the missions. For these purposes the King rati- fied the title. {Grant 1669, ratified 1702.) Belair, or the Montage a Bonhomme. This tract was purchased from the savings of the College. The Cape de Magdalene, near Three Rivers, was given by one of the hundred associates in France, only for the establishment of the Chris- tian failh, and to give the Jesuits the means of their own subsistence. But the Jesuits having expended on that estate the savings of the Col- lege of Quebec, from their apprehension of being (Jisturbed from a want of a better title, the In- rendant of the King confirmed this estate to them only in favor of and for the College at Quebec. He finally amortized this estate in favor of the College, and the establishment of the religion of the Canadians. {Donation 1651. Patent 1678.) Batiscan was given by one of the hundred asso- ciates, for the love of God. This was annexed 13 in to the College by the King, by amortization. {Ordinance 1676. Patent 1678.) The Island St. Christopher, at Three Rivers, was granted and amortized by the King, ia consideration ol the advantages derived to religion by the instruc- tion and conversion of the savages. (Title of 1654. Patent 1678.) Laprairie de Magdalaine, in the district of Montreal, was alsc granted be- cause of the assistance which the inhabitants of Canada received from the Jesuits ; but who, by reason of the expense incurred out of the saving^; of the College of Quebec, desired that this seig- niory should be confirmed only in favor of tht College. This and other seigniories mentioned in the patent were amortized only in considera- tion of the College, and the establishment of re- ligion. ( Grant 1647. Ordinance 1676. Patent 1676.) A piece of ground in franc aleu Rotu- rier, at St. Nicholas, was granted, amortized, and assigned to the Jesuits, in favor of religion and the College of the Jesuits. {Ch^ant 1665. Donation 1674. Patent 1678.) A lot of 11 acres, in Roture^ at Point Levi, was confirmed and amortized by the King, for the College. {Patent 1678.) The Isle Aux Ruaux^ below the Island of Orleans, was granted by the hundred asso- ciates, to supply the house of the Jesuits with fuel. This Island was amortized by the diploma of the King, in favor of the College. (Grant 1638. Patent 161 S,) Six arpents in superficies, at Tadousac, for a chapel and burying ground, which were amortized by the King, 1656, and a lot of ground under the name of Fief Pache- riguy, at Three Rivers, granted for the same pur- poses as those under the title of Sillery, (Grant 1666,) confirmed and amortized by the King, (Patent 1678;) another lot at the said place by exchange, (1650) with the inhabitants, (Patent b2 14 m 1650) amortized by tlie King. Also a remnant of ground contiguous, and extending to a small river towards Lake St. Peter, in like manner amortized by the King, for religion and the Col- lege. (Grant \664. Patent IGIS.) Several small portions of" ground contiguous to each other in Roture^ situate in the Upper Town of Quebec, around the Garden of the College, between the Southern side of a part of St. John's Street, and the Northern side of the prolongation of St. Anne Street, the whole appearing to have been acquired of old by the Jesuits, out of the savings of the College, and to be composed of two arpents, in superficies, for the price of £4 3s. 4d. sterling, (1663,) amortized by the associates and the King for religion and the College, in 1668. [Patent 1676.) Two other arpents, in superficies, for the price of £8 6s. 8d. sterling, (1665,) amor- tized by the hundred associates, (1668,) and again by the King. {Patent 1678.) A lot of forty feet granted as a site for a church, and pro- vided for public devotion, (1666,) was amortized by the King. {Patent 1678.) Another lot of 11 feet granted by the Bishop of Petree, the first Bi- shop of Quebec, to enlarge the place for the said church, and render it more conducive to public convenience. [Patent 1678.) Another lot of eight arpents acquired by exchange, and amor- tized by the King. (1668 and 1679.) A lot of 58 perches in area, outside the walls of the town, acquired out of the savings of the College, and amortized by the King in consideration of reli- gion and the College, (1668.) A lot of 104 J toises, in superficies, on the south-west side of the Col- lege, at the price of £12 18s. 4d. sterling, ac- quired out of the savings of the College, (1689.) Another lot Rue des Jardms, was in like man- ner acquired by the savings of the College foir 16 in £1 i lis. -Id. sterling, (1681.) And a small trian- giildr piece ol' ground, where now are the houses of the ScBur Lievre^ at the corner of the Rve des Jardins, purchased from the savings of the 'Col- lege , for £6 5s. Od. sterling, (1691.) These small portions of uncultivated ground, then covered with wood, or quarries and cavities, served to supply stone, and at l»^ngth the administrators ol the College rented them for building spots. The Parish Church of Quebec was duly amortized and granted in Rohire to the Jesuits, who could hold no property but by the title of the College, in three lots, which now make part of the Rue de la Fabrique^ the square and South part of the street of St. John, to wit : 70 perches, in super- ficies?, charged with £8 Os. 4d. sterling, of Cens et Rentes^ (1663,) and eleven perches, 96 super- ficial feet, charged in the same manner, with £1 7s. 6d. sterling, of Censet Rentes, (1666.) These lots, then uncultivated and used as quarters, have been used for public streets, and were distributed in small portions to citizens, in consideration of very small rents, payable to the College. And the Parish Church, having the Dominium utile, has for its maintenance the mutation fines as ca- sual profits, by mutations according to the titles and laws of property of this Province. The King's domain, the fiefs of the Parish Church, of the Seminary and Ursulines of this Town, were separated by the ancient plans, and finally by that made by a sworn Surveyor, (1658,) and confirmed by the Intendant of the King, (1699.) The ground occupied by the Church and Mis- sion House of Montreal, was acquired by Father Dablon, superior of the Jesuits, and principal of the College of Quebec, and approved by the Se- minary, lawfully established at Montreal, as sole Seignor of said Island, and was amortized by the i . i. ..^cAJ* It King, and dedicated and consecrated to the re- ligious worship of the Canadians, and to their instruction. {Patent 1677.) The whole of the ground, remaining for the mission, consists of three arpents and sixty-eight perches, in super- ficies, enclosed according to the plan, and the remainder is outside of the Town. This mis- sion was established in 1692, out of the savings of the College of Quebec, which alone could hold property, as a College, establishing there a mis- sion for the Jesuit Missionaries could not, ac- cording to their institution and laws, hold any property. (1676.) A piece of ground at the Miamis upon the River St. Joseph, was held as a mission-house, like that of Montreal, depend- ant on the College at Quebec. The Sault St. Louis, near Montreal, was granted to the Jesuits for the Iroquois Indians, but in justice, after the conquest, the Iroquois obtained the restitution of their property. These facts are stated, thus mi- nutely, principally in the language of the Com- missioners, in order ^o give some general view of the origin and amount ; but especially to show the motives and purposes on account of which the property was given or granted to the Jesuits, and amortized by the King of France. The ob- jects were the education of the Canadians and Indians, and the propagation of the Catholic faith. Though many of the title deeds (the sub- stance of all which are before me,) gave the Je- suits the exclusive control and disposal of their property, still their titles were confirmed, in con- sideration of their use for educational and reli- gious purposes. As a derelict, a vacant Estate becomes the property of a Sovereign, whose sub- jects die intestate ; had the Jesuits not been sup- pressed in Canada in 1774, their property would have become vested in the King of England at i\ a n .i( m^ n their decease in 1800. In 1789, only four were alive, and they were of advanced age. Being unable any longer to ac({uit the stipulated obli- gations to instruct the savages and young Cana- dians, they renounced freely, voluntarily and bonajiae^ all property and possession thereof to the Canadian people, in favor of whom they were made, on condition that it should be devoted to the education of the savages and of the young- Canadians, and that while they lived they should be supported, and should enjoy certain privi- leges. ' '■» nii' >^-'n/ ''-'M,f >. ;, '}*.:[ > ,• ( ' i *1 ... , ■ .:- [ > - ' W. •.( f ' :•.' ? ; . . :?' ^ > ( * ''\'! I* • 1^ ;i'; ;^j' - , '" f ;u . iV', ' 1 ..,■'. . ti ,-'i^' '-'(.'A ,^;;:'M '',;!,n-? • r i' • -" - 'i --^.i ' i-i >•' J '.0 i ?! I^l! CHAPTER II. C( P] A MORE MINUTE SPECIFICATION OF THIS PROPEKTY. The particular design of the first chapter was to show the origin and design of these Estates, as well as to give a general view of their extent in 1787, fourteen years after the acquisition of Canada by Great Britain. The Commissioners discovered no proof at that time, that any part of these estates had been alienated by the Jesuits before the conquest. Indeed, this was a thing very improbable, since the Jesuits, by great economy and frugality, seem to have always been aiming at the augmentation of their Estates. It seems desirable, for the purpose of giving the present generation a more distinct and spe- cific knowledge of the former extent of this pro- perty, to lay before them a document emanating from Government, in the reign of George III., addressed to the Sheriff of the District of Que- bec in the year 1800, commanding him to take possession of the property in that District, for the Crown. This document, enrolled at Quebec, March 8, 1800, in the first Register of Letters Patent and Commissions, folio 446, not only names the property in general, but states particularly and specifically its locality and di- mensions. 19 " George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To the Sheriff of the District of Quebec, in the Province of Lower Canada. Greeting : Whereas all and every the Estates and Pro- perty, moveable and immoveable, situate in Ca- nada, which did heretofore belong to the late or- der of Jesuits, have, since the year of oar Lord Christ 1760, been and now are by law vested in us, under and by virtue of the conquest of Ca- nada, in the said year of our Lord 1760, and un- der and by virtue of the cession thereof, made by His most Christian Majesty, in the definitive Treaty of Peace, concluded between us. His most Christian Majesty, and his most Catholic Ma- jesty, at Paris, Feb. lOlh, A. D. 1763. And whereas, of our special favor, we have been gra- ciously pleased to suffer the late surviving mem- bers of the said late order of Jesuits^ who were living and resident in Canada, at the period of the aforesaid conquest and cession thereof, to occupy certain parts of the said Estates and Property, moveable and immoveable, and to re- ceive and enjoy the rents, issues and profits of such parts thereof, to and for their respective use, benefit, and behoof, during the terms of their natural lives. And whereas, all and every the said late surviving members of the said late order of Jesuits, are now deceased. And whereas, since the decease of the said late surviving mem- bers of the said late order of Jesuits ; We, cer- tain especial considerations us thereunto mov- ing, have been graciousljr pleased, of our fur- 2i) \hr.Y I'avor, to permit llic Rov. Jean J()soj)li Cazol, Priest, to occupy (livers parts of the said Estates and Property, which were so as al'orcsaid, occu- pied l)y th(; said hUe surviving members of tlu; said hite orilerof Jesuits, and to recjeive and en- joy the rents, issues, and ])re(its tiiereof, to and for his use, beneiit, and behoof during our Koy;d pleasure, whicli, for divers good causes and considerations, we hav(^ thought lit to and hereby do determine ; and whereas, in consider- ation of the premises we have resolved to take into our real antl actual possession the parts ol the said Estates and property of the said late order of Jesuits, which, under and by virtue of our said lioyal })ermission, have been lately occupied by the said late surviving members of the said late order of Jesuits, and by the said Jean Jose})h Cazot. Now% therefore, know. ye. tliat we have authorized and em})owered, and by these presents do authorize, empower, and command vou, the said Sherilf of our said Dis- trict of Quebec, in our said Province of Lower Canada, for us, and in our name, to and for the use, benefit, and behoof of us, our heirs and suc- cessors, to enter upon and take into our real and actual possession, all and every the lands, CvStates, and property, moveable and immove- able, of every description and nature \vhatsoever, and every part and parcel thereof, situate, lying, and being in the said District of Quebec, in our said Province of Lower Canada, which hereto- fore did belong to the said late order of Jesuits, or \vhereof or wdierein the said late order of Jesuits were seized, or possessed, or had, or claimed any manner of estate, right, title, in- terest, or demand, and which have been, so as aforesaid, occupied by the said late surviving members of the said late order of Jesuits, or anv ta an m lej n or either of them, and by the said Jean Jjseph Cazot ; and more particularly to enler upon and take into our real and actual possession, the Fiel" and Seigneurie of Notre Dame cles Anges^ com- monly called Charlesbourg, containing one league of land, or thereabouts, in front, by four in depth, situate near ihe town of Quebec, partly on the River St. Charles, where it empties itself into the River St. Lawrence, and partly by the said River St. Lawrence, running back into the country towards the Western Mountains, bounded on the North-east side by the Fief and Seigniory of Beauport, the property of Antoine Juchereau Duchesnay, Esq., and on the South-west side by the Fief and Seigniory of Dorsainville, now possessed by the Nuns of the General Hospital, near Quebec, in front partly by the River St. Charles, and the rear by lands yet unconceded. Also the Fief and Seigniory of St. Gabriel, commonly called the old and new Lorette : con- sisting of a league and a half in front, by ten in depth, situated inland, at the distance of a league and a half from the River St. Lawrence, and adjoining the rear of the Seigniory ot Sillery, formerly belonging to the Reverend Fathers of the Company of Jesus, bounded on the North- east side by the Fief St. Ignatius, possessed by the Nuns of the H6tel Dieu, of Quebec, on the South-west by the Fief and Seigniory of Cham- pigney or Godarville, belonging to the heirs Peuvret, represented by Antoine Juchereau Duchesnay, Esq., in front by the rear of the said Seigniory of Sillery, and in depth by lands un- conceded ; also the Fief and Seigniory of Sillery, situated on the River St. Lawrence, consisting of one league of land in front, by a league and a half or thereabout in depth, running back to the Seigniory of St. Gabriel, which terminates it in c 22 fli(5 rear, bounded on the Norlh-easl side by tlie })oiiit called Pointe de Puisseau, and llie line which sepaiates the said Fieland Seigniory from the Fief and Seigniory of St. Michel, possessetl by the Ecclesiastics of the Seminary of Quebec, and on the South-west side by the Fief and Seigniory of Godarville, the property of Antoine Juchereau Duchesnay, Esq. Also the Fief and Seigniory ofBelair^ commonly called Bonhomme Mountain, consisting of one league and a hall in front, by two leagues or thereabout in depth, situated in the rear of the Fief and Seigniory of Demaure or St. Augustin, and running back towards the River Jaccjues Cartier, bounded on the South-west side by the Fief and Seig- niory of Neuville or Pointe aux Trembles, on the North-east side by the Fief and Seig- niory of Godarville, in front by the said Seigniory of Demaure or St. Augustin, and be- hind by the said River Jacques Cartier : also of the Fief and Seigniwy of the Isle des Ruaux, situated in the River St. Lawrence, a little below the Island of Orleans, consisting of about half a league in length, by eight arpents or thereabout in breadth. Also a tract of land or farm called La Vacherie, situated on and partly surrounded by the River St. Charles, and thence running up Towards the hill called La Cote St. Genevieve, bounded on one side partly by the high road leading from the passage across the said River St. Charles, and on the other, partly by lands of , in front by the said River St. Charles, and behind by the said hill called La Cdte St. Genevitve, consisting in the whole of 73 square acres or thereabout as at present occupied and possessed by David Lynd, Esq., and his under-tenants, and as more par- ticularly bounded and described in the ancient AJ Li / 23 f \J\V grunts, titles, deeds, and conveyances thereof. Also a tract of land situated in the Seigniory of Lauzon^ and Parish of St. Nicholas on the South side of the River St. Lawrence, consisting of 29 arpents or thereabout in front, running from a point opposite tho River Cap Rouge, along the River St. Lawrence, to a place five ar- pents distant above the Great rivulet, which falls into the said River St. Lawrence, at a farm called the Great Cove, or by 40 arpents in depth, bounded on the North-east side by the lands of the Representatives of Ren6 Leduc, and on the other or South-west side by those of Abra- ham Milot, in front by the said River St. Law- rence, and behind by land unconceded. Also the following tracts, pieces or parcels of land situated in the Seigniory of Lawzon on the North side of the River St, Lawrence, opposite the Town of Quebec, to wit : four arpents in front along the River St. Lawrence, two arpents on each side of the House formerly belonging to the Reverend Fathers of the Company of Jesus, by 20 arpents in depth, now in occupation of Jo- seph Sampson, Crofton & Fortier. Another tract of land in the same Seigniory and adjoining thereto, consisting of 200 square arpents, viz. : five arpents in front along the River St. Law- rence, at the distance of 20 toises f^om the wa- ter at the highest tides, running towards St. Croix, by 40 arpents in depth ; also another tract of lind in the same Seigniory, adjoining that above described, consisting of six arpents in front, along the River St. Lawrence, by 40 in depth ; and lastly, a tract of 1 1 arpents of land in front, adjoining the rear of the two pre- ceding tracts, and bounded by the prolongation of the line thereof on each side, by 40 in depth, alias more particularly stated, specified, bounded, 24 and described in the ancient titles thereof : also a piece of land consisting of six arpents square, situated at a place called Tadousac, on the North side of the Rivep ^t. Lawrence, whereon is built a Church and Presbyt^re or Priest's House. Twelve arpents of ground, or there- abouts, situated in the Upper Town of the City of Quebec, bounded in front to the Northward by St. John's-street, behind partly by the in- closure wall of the Ursuline Garden, and partly by Uie ground of the Ursuline Nuns without their inclosure, on the one side by the road leading from St. John's Gate, along the Ramparts or Fortifications, and by the Parade, and on the other partly by Staniflaus-street, and the houses and walls of the Jesuits' garden, opposite the vacant ground in front of Dauphin's Barracks, to the corner of the inclosure of the Ursuline Con- vent aforesaid, excepting therefrom the ground on which is erected the Dauphin Barracks, and the unoccupied space in front thereof. Also a piece or parcel of ground situated in the Upper Town of Quebec, consisting of 73 square perches or thereabouts, bounded in front by the street (Jailed Garden-street, in the rear by the wall of the inclosure of the Ursuline Nun's Convent, on one side by the square in front by the Ursuline's Church on a line running 17 feet, and on the other side partly by St. Ann-street, on a line run- ning 27 feet, and partly by the rear of lots be- longing to the Widow Seguin, Pierre Vincent, and Charles Pinguet. Also a. lot or piece of land situate in the suburbs of Quebec, outside Pa- lace Gate, consisting of 58 square perches o^^" there- abouts, bounded iti front by St. Nicholas-street, as far as the house of Delliarncts at one side of the said street, running in another direction as far as the house of Madame Larche, in the rear run* I 26 ning along the front of the Storekeeper General's stores, and at the other side by the square in the middle of which, the Batteau Guard house stands. Also three concessions or lots of ground in the Upper Town of Quebec, by the Church Wardens of the Parish of Quebec, to the Rever- end Fathers of the Company of Jesus, consisting of five lots." Thus, these lands, and all the books, fur- niture, carriages, mv>ney, &c., belonging to the Jesuits in the District of Quebec, were seized by the Crown in 1800. This document describes the portion of the Jesuits' Estates in that district, with the minuteness almost of a deed. It should be borne in mind, however, that only about one-fifth of the lands connected with these Estates, is in this district, though this seems the most valuable portion of the property, in proportion to its extent, for in the year ending Sep., 1832, almost one half of the revenue of the Estates came from the portions described by the King in the above writ of seizure. The Seig- niories not named or described in this document, are the Seigniory of Batiscan, De Magdelaine, Laprairie, and at Three Rivers. These portions of the Estates have been already named in the report of the Commission, and also other pro- perly in Montreal. Batiscan is on the St. Lawrence, in the County of St. Maurice. It is about six miles broad and 60 deep. It was granted to the Jesuits in 1639. Lying on the River B^.tiscan, as well as on the St. Lawrence, much of the soil is excel- lent, affording large tracts, capable of producing all kinds of grain. A large part of it is cultivat- ed. The uncultivated portions of it are covered with excellent timber. Three grist mills and a c2 saw mill, on this Seigniory, rent for about $200 or f 250 per annum. Cap de Magdelaine, in the same Couniy, on the River St. Maurice, is also six miles broad and 60 miles deep. It was granted to the Jesuits in 1651. A considerable part of this Seigniory is under cultivation. — These Seigniories are in the District of Three Rivers. Laprairie de la Magdelaine, situated in the District of Montreal, in the County of Hun- tingdon, and on the South side of the River St. Lawrence, is six miles broad by 12 deep. It was granted to the Jesuits in 1647. Bouchette says. " The whole of this grant is a fine level of rich and most excellent soil, where are some of the best pasture and meadow lands to be found in the whole District, that always yield the most abundant crops of excellent hay. The arable part is also of a superior class, produ 3ing a rich harvest." • ''■ --'• "■■■'-■^•' -r '^- ■ : • " ^- '^^ ^"- .•^". '■- The principal plots at Three Rivers, are — Coteau St. Louis, a lot of 35 arpents in superfi- cies, and the Fief Freviny, 23 arpents in front, and five in depth, and a tract of 35,000 in superficies, — rented for about $300 per annum. There are other small pieces, besides the Estate in Mon- treal. ' ' *■»- • , . ,' V» "■■■/.■•■'Vs. '" !. . The whole amount of the Jesuits' lands is 616,500 acres: 48,000 in the District of Mon- treal ; 439,000 in the District of Three Rivers ^ and 129,500 in the District of Quebec. The manner in which this property is cut up inta small portions may be judged from the fact that m 1832, in the District of Quebec, rent was due from 60 or 70 occupants. The value of these Estates is not known. The writer was in- formed, in October, 1849, by Mr. Fortier, the Commissioner of the Jesuits' Estates, that their 21 value had never been estimated. Notwithstand- ing the opinion of the Commissioner, the writer, in view of the extent, variety, and qualitv of this property, as its value is disclosed by Parliamen- tary papers, presumes to express the opinion that It may amount to $2,000,000 or $3,000,000, or more, in value. 1 i ■t i.r. i A ! CHAPTER III. ^1 The revenue of this property, and the use to which it was put, particularly from 1800 TO 1832. There are no means of ascertaining the amount of the annual revenue of this property, while it Was in possession of the Jesuits. Whatever it was, it was expended upon Quebec College, and Bishop Hubert says it was adequate to the wants of that institution. It seems, however, to have been more than sufficient for that pur- pose, from statements made in the report of the Commission of 1787 : for that document shews that from time to time money was saved to add to the Estates, by occasional small purchases. Whatever the annual income may have been, it was faithfully devoted to the object for which it was given, granted, and amortized,— the educa- tion of the Canadian and Indian youth, and the propagation of the Roman Catholic religion. The Commissioners, after saying that the Estates of the Jesuits " were given to them on condition that they would employ themselves in instruct- ing the Indians and the young French Cana- dians," adds, "The Jesuits acquitted them- selves so well of those two obligations, that they merited that Louis XIV., of glorious memory, should, by his magnificent diploma, 90 renew and ratify in their favor, all their Estates and all those gifts to them made." And in 1789, J. F. Hubert, Bishop of Quebec, said, in a letter addressed to Chief Justice Smith, " I acknow- ledge the meritorious services of the Reverend Fathers, the Jesuits, and the zeal with which they have labored in this Colony for the instruc- tion and salvation of souls." In 1763, the date of the cession of Canada to England, this pro- perty passed from the possession r^ the Jesuits, and became, by virtue of Ihe conquest, the pro- perty of the British Crown, but the King of England did not take formal and legal possession of it until 1800, a period of 37 years. In the history of these Estates, the exact amount and the disposal of the revenue, during that period, are a blank, which no living man can fill. It was, doubtless, regarded as common plunder, which the Government had a right to dispose of, or use as convenience, or cupidity, might suggest. Seventeen years after the con- quest, the Commissioners, while they found satisfactory evidence that none of the property had been alienated since the conquest, stated, " The purposes to which the revenue has been put, are known neither to the Commissioners nor the public." As will be seen, this statement might have been made 13 years later — i.e., in 1800. It so happens, however, that data exists which may enable us to ascertain, with some degree of accuracy, the amount of this revenue during this 37 years. It is as- certained from Parliamentary papers, that the nett revenue of these Estates in 1787, was $4,837, and in 1790. 3 years later, it was ^4,830, only 7 dollars less. — Ten years later, in 1800, it was $5,459, or $629 more than it was in 1790. Ten years later still, in 1810, it was J. 30 ^^7,608. The average of the revenue for these three years, taken at periods about equally dis- tant frorii each other, is $5,965. Supposing this to have been the aiuiual average for 37 years, i.e. to 1801, and the result is $220,705, which passed into the hands of the Government, and was devoted to unknown purposes. Making no account of the interest on this sum, had it been invested as it accrued, — but on the sup- position that it had been invested in 1800, and been at lawful interest to 1850, theie would have been in bank, for educational purposes, $882,820. A very convenient sum for the necessities of education in 1850. It would furnish the $200,000 now voted to common schools, annually, to July 1, 1854, and if kept at interest until expended, it would do it until Jan. 1, 1855. Buc where is this great amount of the probable revenue of the Jesuits' Estates ? In the name of the hundred associates, who gave much of the Jesuits' Estates for purposes of education and religion, and of the King of France, who amortized them with the same intention, and of the reputedly excel- lent the Rev. Father P. Cazot, the last of the Jesuits in Canada, I ask, where? The dead alone could tell. From Parliamentary papers, I am able to give the annual revenue and ex- penditure of the Jesuits' Estates, from 1800 to 1831, inclusive, i.e., to the period of the legal enactments, appropriating them to education. The dates are from Oct. 1 to Oct. 1, of each year. In the reduction of pounds, shillings, and pence to dollars, for convenience the fractions are omitted : — '-•■' - ;. •; > ; . ■ I fi ■.; ' > y. :*. .! \ i» if' » i ' ■; M ,\"?' t i Jii 31 ^ 1800. ReceiptB $5,323 . Expenses. $260 1801. 2,835 400 1802. 4,592 1803. 4,555 1 1804. 3,977 . 1806. 5,050 1806. 3,883 1807. •* 3.86b 1808. . 5,4.52 1809. 6,229 1810. " ' 7,075 1811. « g^io4 ■ " paid Commissary General Sli846. 2,446 1812. Receipts $9,056. Expenses $6,674. objects $6,074. Unknown 1813. Receipts $7,666. Expenses $8,924. objects $8,324. Unknown 1814. Receipts $9,450. Expenses $9,641. objects $8,242. Unknown 1815. Receipts $7,391. Expenses $l,40u. 1817. Receipts $7,677. Expenses $5,316. R oyal Gram- mar School, Qnebec, $1,405. Do Montreal, $1,247. Do Kingston, $1 ,247. Total, education, $4,000. 1818. Receipts $5,334. Expenses $31,559, of w hich $1,462 ■ '. ^ ■ .. were for raanagrement. $26,060 Episcopal St. An- ■I ■ ■ ■ drew's Church, Quebec. $1,129 to the Royal Gram- ■ -■ • • - mar School, Quebec. $889 do, Montreal . $889 do, 1819. 1820. » ■ ''■'- 1821. 1822. Kingston. Total, education, $2,907. Receipts $3,834. Expenses $8,109. Unknown objects $4,218. Management $958. Grammar School, Quebec, $1,129. Do Montreal, $115. Do Kingston, ,«'889. Total, education, $2,933. Receipts $1,267. Expenses $10,668. Management $1,131. Protestant Episcopal Church at Ambigney $400. Do at Sorcl, $800. Do at Montreal, $4,000. Total, churches, $5,200. Royal Grammar Schools, Quebec, $1,129. Montreal, $1,129. Kingston, $889. Total, education, $3,147. M'Gill College, $800. Receipts $2,703. Expenses $15,890, of which for Management, $2,635. Rents due, $3,693. Re. pairs, $3,839. English Protestant Church, Cham- bly, $800. Do Sorel, $400. Episcopalians, St. Andrew's, Quebec, $1,121. Total, for churches, $2,321. Royal Grammar School, Quebec, $1,181. i Montreal, $1,121. Kingston, $889. Royal Instu tution, $209. Total, education, $3,400. Receipts $6,019. Expenses $9,431, of which for Management, $2,582. Rents, $360. Repair?, $2,019. St. Andrew's Church, Quebec, $61. Royal Institution, $91 1 . Royal Grammar Schools, Quebec, ^■1 1823. 1824. 1825. 1826. ^' 1827. 1828. 1829. 1830. 32 .$1,480. Montreal, $1,129. Kingston, $889. Total, education, $4,401. Receipts 86,020. Exfienscs $9,431, of which for Management, $2,633. Rents, $720. Repairs, $1,000. St. Andrew's Church, Quebec, $600. Church at Three Rivcre, $800. Total, $1,400. Koyal Institution, $111. Royal Grammar Schools, Quebec, $1,369. Montreal, $1,129. Kingston, $889. Total, education, $3,498. M'Gill College, $1,200. Receipts $2,543. Expenses $10,156, of which for Management, $3,282. Rents, $720. Repairs, $936. St. Andrew's Church, Quebec, $000. Church at Nicolet, $400. Church at Hull, $400. Total, churches, $1,400. Royal Institution, $111. Royal Grammar Schools, Quebec, $1,369. Mon- treal, $1,129. Kingston, $888. Total, education, $3,498. M'Gill CoKege, $320. Receipts $7,943. Expenses $4,954, of which for Management, $1,620. Rent, $705 Royal Insti- tution, $135. Royal Grammar Schools, Quebec, $680. Montreal, $564. Kingston, $444. Total, education, $1,823. M'Gill College, $800. Receipts $3,728. Expenses $3,188, of which for Management, $1,380. Royal Institution, $200. Royal Grammar Schools, Quebec, $1,609 Total, education, $1,809. Pensions, $200. Church at Hull, $600. Receipts $7,586. Expenses $9,292, of which for Management, $2,261. Royal Institution, $271. Royal Grammar Schools, Quebec, $1,369. Mon- ireal, $2,258. Kingston, $1,333. Total, educa- tion, $5,231. Receipts, $12,818. Expenses, $5,479, of which for Management, $1,740. Pensions, $800. Mills, $410. Repairs, $410. Royal Institution, $271. Royal Grammar Schools, Quebec, $1,129. Montreal, $1,129. Total, education, $2,529. Receipts, $6,745. Expenses, $13,034, of which for Management, $1,164. Pensions, $1,288. Mills, $4,344. Royal Institution, $275. Royal Grammar Schools, Quebec, $1,289. Total, education, $2,768. Chaplains, $2,960. Receipts, $7,413. Expenses, $11,134, of w..ich for Management, $2,575. Pensions, $500. Mills, $4,382. Repairs, $4,382. Royal Institution, $261. Rovai Grammar Schools, Quebec, $1,269. Montreal, $1"129. Total, education, $2,689. Chaplains, $889. ^f ;U 1831. Receipts, $15,420. Expenses, $9,963, of which for Management, $2,561. Mills, $2,000. Repairs, m % 38 $2,000. Royal Institutinn, $2,004. Royal Gram, tnar Schmjls, Quebec, $1,289. Montreal, $1,129. Kingston, $1,481. Total, education, $4,903. Chap, lains, $500. The total amount of receipts from 1800 to 1831, inclusive, was $198,335, and of expenditure, $190,977, leaving a balance of $7,358. Add to this amount $25,282 refunded by the Commis- sary General, and there is in Treasury $32,640. The management of the Estate, or the expense of Inspectors, Treasurers, and Commissioners, Clerks, Agents, Advocates, and for contingen cies, $34,008, being more than one-sixth of the whole revenue. About one-fourth, or the sum of $49,556 was expended for education. Of this sum, only $2,478 were expended on schools sup- ported by the Royal institution. On Royal Grammar Schools, Quebec, $18,950; Montreal, $16,033; Kingston, $10,728; Total, $45,711. In support of the claim of the M'Gill College, contested by the heirs, $3,120 were expended. About one-fifth of the entire revenue was given to English Churches, i, e. $39,172, — on repairs, $18,930 ; on unknown objects, $25,287 ; for un- known services, $6,998, i. e. for purposes un- known, $32,285 ; on Pensions, $2,488 ; and on Chaplains, $3,936. Included in the receipts are $6,199, rents and capitals due. For unknown services $260 were paid to S. Sewell. The Hon. J. Sewell received $4,218 to disimburse him so much in going to England in 1814, and re- turning in 1816. The items for pensions consist of an allowance made to the Hon. H. W. Ry- land, and General Ryland, of the half of the sa- lary which they formerly received, the first as Treasurer, and the second as Clerk to the Jesuits' Estates, and of a pension granted to the Misses De Salaberry. The items for 34 .1 Chaplain were paid to the Rev. E. Sewei, an minister of the Chapel of the Holy Trinity of Quebec, with arrears from the 27th of November, 1825. The average annual revenue from the Jesuits' Estates, from 1800 to 1832, $0,398, which is $1568 more than it was in 1787 and 1790. Admitting the estimate before made of the an- nual revenue from this property, from 1763 to 1800, to be an approximation to the truth, (and it is not provable that it may not be,) then it yielded a revenue in a little less than 70 years, of about $425,000; whereas only about $45,000 were expended for education, the principal de- sign for which the Estates were created, and to which they were faithfully devoted about 125 years, that is, so long as the Jesuits possessed ! and controlled them. Being the property of a deceased owner — of an extinct order — property . not disposed of by legal enactment, and concern- ing the wise and best disposal of which there existed various and conflicting opinions, both in England and in Canada, these estates were sadly perverted, and to some extent evidently foolishly • squandered. Had they been wisely managed i and carefully husbanded, both by the Imperial ' and Provincial Governments, they might have ' been made, during the almost 70 years that they were thus perverted, greatly auxiliary to the - education of the Colonists. . . . ,. , ,-. ;. . ^ -. • -.^ ,•..■--,,,,,.-:. '•! V"f*'- ii' ii'.>:':i! '.J- ■ ^n 7* .n '-■'?■! ! i- .■■ -hs,;' '■ };f.'\7 ,;; . I U: •'] ; : i > .■ v' ji . ' ♦'i*!'.j;.'nol ■,■••'.<■: II. >■ rif f CHAPTER IV. ALIENATION OP THE PROPERTY, PERVERSION OF THE . REVENUE, dec. The intelligent reader must have inquired as our preceding details have come before him, for the reason of the slow and limited increase of this revenue during so long a, time. The answer is to be found not so much in the quality of the pro- perty itself, or its incapability for productiveness, as in its management. The fact that its present annual income is about three times its amount 20 years since, shows that it might have been ^vastly more productive than it has been. If a man has raised from the same farm in 1849, 1000 bushels of grain, he has evidence that it may have been attributable either to his own sloth or inefficiency that he gathered only 500 bushels in 1825. Not the soil but the cuhiva- tion was in fault. — Parliamentary papers shed light upon this enquiry. The most valuable por- tion of these Estates has never been made to yield a farthing to the Treasury of the Commis- sioners. The standing Committee on these Es- tates, in 1835, made a thorough investigation and research into this matter, examining docu- ments, and numerous witnesses, embracing sur- veyors, agents, commissioners, occupants, and all persons supposed to be in possession of the ill A 36 information sought. The report of their proceed- ings, covering more than 50 pages folio, is re- gistered in the Appendix of the 14th Volume of the Journals of the House of Assembly of Lower Canada, second session of the Provincial Parlia- ment, 6 William IV. The Committee first re- ported relative to Quebec College, the old insti- tution of the Jesuits. They say, " in conformity with me instruction of your Honorable House of the 17th Nov. last, ' To ascertain the actual value of the College of the late order of the Je- suits, and the ground attached to it, and also the annual revenue, which might now be de- rived from the said College and ground, and the average annual revenue, which might have been derived from the same, during each period of ten years between the present time and that at which they were first taken possession of by the Military authorities,' your Committee considered it their duty to establish, 1st, The present value of the Jesuits' College and the ground thereunto attached ; the annual revenue which they might yield to the Province, used as they are at present, and the annual revenue which they might have yielded since their occupation by the Military authorities. 2nd, The value of the said College and ground, after making such alterations and improvements therein as they may be suscepti- ble of, and the annual revenue which they might yield in such a crise." The College v/as estimated in the depressed state of business in Quebec, in 1835, at only $20,000, (its cost must have been $100,000 or •^150,000,) and the site and adjacent grounds 250,000 French feet, at $120,000, making a total of $140,000. The Committee stated that this property should have yielded lawful interest, which was $8,400, which amounted for 35 year s 87 !r to $294,000. Sum total, principal and interest, $434,000. As tho Imperial Government iuul had this property free of expense, or had paid nothing for it, here was a loss to the Estate of this large sum. According to the showing of the Commit- tee, this property ought to have yielded an annual revenue, $2,000 larger, per annum, than was the annual average of the revenue of all the other parts of the estate from 1800 to 1831 inclusive They slated, moreover, that the College grounds, and the building used as a store for the Bar- racks, a building belonging to the P^states, might be so improved as to yield an annual revenue of $14,000. They therefore recommended that new buildings should be erected for the Barracks, which would cost only $40,000, and thai this property should be restored to its original design, agreeably to the act of 1831, which will be no- ticed hereafter. Why this judicious, economi- cal, and just recommendation was not complied with, is a, matter not easily explained. For, as the reader will hereafu^r see, the act of 1831 set apart all these Estates and their revenue, t;xclii- sively to education. With what consistency or equity could the Imperial Government, in the face of Legislative enactment, appropriate the most valuable part of this property, situated in the centre of Quebec, — property which, on the showing of the Committee, might have been so improved, as to have yielded an annual revenue of $14,000, more than double the average annual revenue of all the remainder of the property, to 1835, without granting an equivalent to the ob- ject to which, by legal enactment, all these Es- tates had been set apart. On the supposition that the College and adjacent property might have been so improved as to have yielded, loi the last 16 years, or since 1835, an annual re- d2 38 II venue of $14,000, a fact alleged by the Commit- tee ; here is anothp ' loss of $210,000 to the Es- tates, or to education. But in the opinion of the writer, the whole truth is not seen yet. It is a well known fact, a fact sustained by every his- torian of Canada, by Parliamentary papers, by a letter of the Bishop of Quebec, dated 1792, and by universal tradition, that the Imperial Government stopped the College in 1764, by taking possession of the buildings and adjacent grounds ior th^- '^l.ng-s troops, or by converting them into barracks. To this no counter, or con- tradictory statement can be furnished by written cr traditionary testimony It appears, therefore, that the Imperial Government has possessed pro- pert} valued by the committee at $140,000, whose annual interest, at 6 per cent., was $8,400, from 1764 to 1850, 86 years, without paying a dollar to the Estates for it. Multiply the annual interest, $8,400, by 86, the number of years that this property has been occupied by the troops, and the product is $722,406. Is not hero a most extraordinary perversion of funds, amortized to education early in the 17th century, and set apart exclusively to this purpose in 1831, with an ac- knowledgment, as the reader will hereafter dis- cover, that these Estates should ever have been devoted to education ? Have not these Estates an equitable claim upon the Imperial Govern- ment for this amount of money ? If It was right to restore any of them to their original design, why has this part of them been withheld, es- pecially sino*^ 1831, the time of the action both of the Imperial and Provincial Government, set- ting this property apart exclusi' ely to education ? The Government being only a Trustee of these Estates, given, granted, and amortized for a spe- cific purpose — the education of the youth of 39 Canada — it was i.nder a sacred and an imperative obligation to have devoted them exclusively to this purpose. If this was true of the future, in 1831, it was no less true of the past, back to the year 1 7'^ c. Again, if the College and adjacent grounds might have been so improved in 1835, in the de- pressed state of business at that time in Quebec, as to have yielded an annual ve venue of $14,000. why might they not have been made equally productive as early as i764 ? If this be true, then the Government is responsible for not mak- ing this portion of the Estate? yield $14,000 a year for 86 years. On this supposition, the Es- tates have claim on Government for $1,204,000, the amoui^+ which Quebec College and the ad- jacent property might have been made to pro- duce during that period. Nor is this all. The annual average revenue, as the reader has before seen, from 1763 to 1800, 37 years, was pro- bably $5,965. Here we have $220,705 more, for a dollar of which the Government never ac- counted. It has been shown that the revenue of 1800 and 1831 inclusive, was $198,335, only $45,711 of which was devoted to education. Here we have $152,624 more, perverted from its original design. The aggregate of these several sums is more than one and a half million dollars, or $1,571,364. ^ut I forbear. The following facts furnish clear proof that these Estates must have sustained great loss by improvident and unfaithful management. The Committee in their investigations, found a great variety of proof of veiy bad and improvi- dent management of these Estates. A Commis- sioner wag found without either Rent Rolls, Land Rolls, or Rent Book. One agent, having exten- sive claims for rent, had lost his Rent Book. A ).). _ 40 great amount of rents, of years standing, re- mained unpaid, $20,000 or $25,000, in favor of a single Seigniory. When delinquents had been prosecuted for non-payment, and judgment had been obtained against them, the principal only, without the interest, was awarded. Men had been allowed to settle and build upon the lands, (20 instances on one Seigniory,) without per- mission or authority. Men had, in some in- stances, been suffered to cut timber on the Seig- niories at Three Rivers, not only for the fire of the forges of St. Maurice, but fo^ the saw-mill and the market. In one instance, 30,000 acres of the Seigniory Prairie de la Magdelaine, had been leased for 10 years for $300 a year, ard t' *- lessees were cutting off the hard wood tim? i .. support the fire of the forges. This disclosure may be examined in detail in the Parliamentary Appendix of 1836. Letter XX. Parts of the Jesuits* Estates occupied for public purposes, since they came into possession of the Crown, ■I In the City of Quebec. — The College is occu- pied as a Barrack and drill ground. The ground on which the church formerly stood is occupied for a Hay Market. An irregular spot of ground near the Gaol, is occupied by the Fire Society for an Engine house. A lot on Rampart Street, granted to the Congregation of Notre Dame, un- der Letters Patent, dated Nov. 19, 1817. Ano- ther lot on the same street, granted to the Na- tional School under Letters Patent, July 5, 1830. Another in the Vacherie, on which is erected the Marine Hospital. Another lot in Vachere, in the possession of the Trustees of the St Roch Church. The two last lots mentioned, comprise the space f^ 41 lying between Panet street and the old Dorchester Bridge, and contain about three arpents. Ano- ther lot in the Vacherie, containing 30.34J super- ficial feet, in possession of the Episcopal Church. Another lot in the Vacherie, reserved for a pub- lic Market place. In the Town of Three Rivers. — A large space occupied for Barracks and a Market place. In the City oj Montreal. — The whole of the property, except three small lots, was in 1831 occupied for a Cou^t House and Gaol. In the village ofLaprairie. — Two lots contain- ing one arpent each, occupied for a Protestant Church and burying ground. Before 1831, the following lots and farms had been sold and ali- enated after it came into possession of the Crown. Pieces of ground about in the rear of the Bar- racks, sold for ^7,500. A farm near Dorchester Bridge for $6,000. Three pieces in Vacherie for $5,200. A farm of Notre Dame des Agnes, sold for $8,800. Another piece in Vacherie for $1,821. [n Sillery about 150 or 160 acres for $15,890. A Mill site on the River Batiscan for $600. And other lands in the Vacherie were sold for $8,519. Amount of sales, $45,586. All this sum, except $5,506, was due in 1832. These facts were communicated by J. Stewart, in 1832, and are found in the Journals of the House for I'liat year. They indicate the course the Estates were taking while they were common property. During the 70 years that the ultimate disposal of these Estates was a matter of discussion, of doubt and conflicting opinions, both in England and in Canada, various expedients were devised by parties, and by individuals, both in the Colo- ny and in Britain, to acquire portions of them. 42 The people of Three Rivers peiitioned for the Grant of the Seigniory of St. Maurice, and Lord Amherst, about 1785, petitioned George III. for a principal part of them as a private possession. The appointment of the Commission, 1787, no- ticed before, was in pursuance of the intention of the King t^ grant this nobleman's request. But for some reason he failed to do this, and wiser counsels secured a more equitable result. The action on this matter will be the principal topic of the next chapter. ; ' ^ ^ , . - For the purpose of giving the public a more distinct idea of the Seigniories, and of other pro- du-^^ive property composing these Estates, and of thei. ? tive value and income, I will give the stateni*. .t of J. Stewart, of the revenue for two years : — Point Seigi Cap Thre Seigi I Statement of the Revenue from Oct. 1, 1833, to Sep. 30, 1834. Receipts. Expenses. Revenue. Seigniory of Sillery $1,524 84 $384 81 $1,178 02 '« St. Gabriel 956 20 53 07 803 13 Belair J 02 36 15 86 86 50 NotreDarae desAnges 1,034 36 118 44 915 92 La Vacherie 542 53 64 66 477 85 Town of Quebec 42 91 6 61 36 ?0 Point Levi and St. Nicholas 50 00 69 00 00 00 Seigniory of Batiscaii 1,129 50 455 27 674 23 Cap Magdelaine.... 50175 84 00 417 75 Town of Three Rivers 343 75 74 35 269 40 Seigniory of Laprairie 1,902 67 671 00 1,231 67 Total..................... 8,130 87 1,96100 0,168 77 Expense of management, one-fourth of the gross receipts. Statement of the Revenue from Oct. I, 1844, to Sep. 30, 1845. Receipts. Expenses. Revenue. Seigniory of Sillery... $5,68153 $55980 $4,12173 St. Gabriel 1,175 20 14372 1,03148 *' Belair 4146 414 37 32 ♦« NotreDame desAnges 1,776 74 187 00 1,589 V4 La Vacherie . 983 73 105 00 778 73 Town of Quebec 365 32 39 76 325.56 43 », . , , . , r, ^. . Receipts. Expenses. Revenue. Foint Levi and St. Nicholas.. $^0 13 $8 01 $72 12 Seigniory of Batiscan 1,652 40 726 50 925 90 Cap de Magdelaine 6o4 30 169 62 448 68 Three Rivers loO 00 22 80 77 20 Seigniory of Laprairie 1,37282 20046 1,17736 „ Total 13,58363 2,16881 11,416,82 Lxpense of management, about one-fifth ot the gross income. JlJl*^ , recollected that the cost of management for 1800 and lodl mclusive, was about one-sixth of the gross revenue. H: "■'*. -.1 > ' ,_■' ! .;-»» -I ^)>i. , t i J » .. ,4;-J(;V>^t;^ m CHAPTER V. MEASURES PREPARATORY TO THE RESTORATION TO THEIR ORIGINAL DESIGN^ AND LEGISLATIVE ACTION, APPROPRIATING THE REVENUE EXCLUSIVELY TO EDUCATION. It appears to have been generally and well un- derstood throughout Canada, that these Estates were granted and amortized for the education of the youth of the Colony. The views and senti- ments of the Colonists, on this subject, may be learnt from the documents, and action, commu- nicated in this chapter. At the first session of the newly constituted Legislature, in Lower Canada, in 1792, a petition signed wholly, or almost wholly, by the inhabitants of the Pro- vince of British origin, was presented to the House of Assembly from the city and County of Quebec, praying that body to consider the state of Provincial Education, and to use means for placing the property of the late order of the Jesuits, at the disposal of the Provincial Legis- lature, and applying it to its original destina- tion, which was alleged to be the support of Colleges and Seminaries for the education of the Natives of Canada. The petition is sub- joined, and is as follows : — ** To the Honorable the Knights^ Citizens, and Burgeeses, in General Aeaembly coivened : — We, the subscribers, heads of 45 familicK, and inhabitants of the city and County of QuRbec. con- gratulating ourselves on the first happy Assembly of. the Repre- sentatives of the Province of Lower Canada, do not entertain the least doubt but that this Honorable House is acquainted with the present, and will sufficiently provide for the future wants of the country, especially for the deplorable state of education of youth for upwards of thirty years past, though a College has been erect- ed in the middle of this city, a house in the city of Montreal, with lands and revenue thereto annexed, for the education of every in- dividual, born in or inhabiting this country : — While we entertain the flattering hope of seeing, m a short time, through the en- tightened and watchful attention of this Honorable House, the happy effects of our new Constitution, and of well-regulated liberty, which forms its basis, nothing at this time can afford a more solid ground to your Petitioners' expectation, than the friendly communication given many years ago by the Jetiuits of Quebec to the citizens, of all the titles of their College. By these titles it evidently appears, that they hold and enjoy their Estates, in trust, from the first ancestors of the Canadians, called the 100 Associates, who were possessed thereof, and gave them over to the Jesuits upon certain conditions, — That the tract, or lot of six superficial arpents, reduced from the 12 arpents first conceded, in the Upper Town of Quebec, where the Church and College are erected, was given, but on condition of maintaining the institu- tions and perpetual vow of the Jesuits, the education of youth, in order to build a College wherein the youth of Canada should be educated, and they could not by reason of their vow of evangeli- cal personal poverty, hold any Estates, unless with the title of College, established in behalf of the youth of the country ad stu- dendum et orandum ; and the King, after the cession of Canada, made to him by the Company of New France, confirmed and amortized all those Estates, on which he relinquished all his rights, by a diploma, only for the purpose of affording the means 'if ' ducatir)n to the youth of ths Country. That the Seigniories w r ; given by the same Citizens, namely, Charlesbourg, to edu catj.; ■.. v^' ,; , ^ "That the rapid increase of the population of this Province, under the influence of Your Majesty's liberal and beneficent go- vernment, would require a proportiJ^atc enlargement of the 51 ineans uf publii: in.Hinictioii, but tliat by thn snpproHHiun oT the (/ollege <»f Qiiol)no,y.* the Assembly passed an Act, 1 Will. 63 IV., entitled "An Act to make provision for the appropriation of certain moneys arising out of the Estates of the late order of Jesuits, and for other purposes," in the preamble of which the de- spatch of Lord Goderich to the foregoing effect is recited. The Act provides that all moneys arising out of the Estates of the lale Order of Jesuits, should be kept apart, and applied to purposes of education exclusively, in the man- ner provided by that Act, or by any other Pro- vincial Act to be made. By this Act the pro- ceeds of these Estates, from that time, have been locked up, ?nd must so continue unlil their ap- plication is provided for by Provincial Legisla- tive action. ■■■■i.: .i i ■ ■'■,:,-■ ■ . s !v I -I .1 '4* ■ I'll , ,■ ,, ,. ■ . . ; r •:J i.i.' ri. h? '■■'■■■ '■ ■. M > •"- i; , ; r ; : -■ CHAPTER VI. THB SEV.'SNUE OF 1832 AND 1649, GRANTS PBOU IT, THE INVESTED FUNDS, nial Depart- ment, bearing date the 7th of July of the same year, whereby it appears that your Majesty has been graciously pleased to confide without reserve to the Provincial Legislature, the appropriation of the funds arising from the Estates of the late Order of Jesuit! to the purpose of education exclusively ; and whereas it is expe- dient to make Legislative provision for carrying your Majesty's gracious intentions in that behalf into effect :— May it therefore, itc, and be it enacted, &.C-, that from and after the passing :*f this Act, all moneys arising out of the Estates of the late Orther regulars, i^ one indivisible order, aggregate indeed by its own Institute, but not incorporated oy the laws of France; and ihe Fa- tlier General, never having been an inhabitant of Canada, nor a subject to the Xing of France, he could not retire and avail himself of the fourth article of the definitive treaty, nor sell his Estates, nor withdraw his elfcctH within the time lim'tt-d. In a few words, the Society of Jesuits had not and cannot have any Es- tates in Canada, legally atid complet(!ly vested in them at any time, a.id therefore, could not and cannot transfer the same, before nor after the term of eighteen months, so as lo make a good title to the purchasers, either with or without the powers of ratification of the F'ather General, who as he could not retire, so he cannot retain any possessions in Canada, since '.he time limited for the sales of Estates there agreeably to the terms o! the treaty, because he is as in. capable of becoming a British subject, as he was of beinga French subject; nor can the individuals of the communities of the Jesuits in Canada, take or transfer what the Father General cannot take or transfer, nor can they, having hut one common stock with all other communities of their order in every part of the globe, hold im- moveable possessions, to be applied for the joint benefit of those C'.mmunitics which are rcsiden! m foreign States; and which rnay become the enem'es of his Majesty and his Government. " In answer to the question — Whether the person? in possession hold the sr^rne as Trustees for the Gcnerd. or for the whole So. ciety of Jesuits, and in that case, whether such trust is not void in Law? what forfeitures are incurred thereby? and to whom? 81 *' I beg leave to observe, that whoever the oersons are who oc- cupy the posFessions in question, they must be understood to hold the same as Trustees lor the tieaci and Member of the one in- divisible Society, and political body of Jesuits, of ecclesiastical and temporal Union, forming, according to their Institute, one Church and Monarchical Government, with territorial jurisdiction independent of all civil authorities under which the Members of the Society are occasionally dispersed, and without stabiUty of domicile ; that such trusts, are therefore, from the very nature of this Institution, inadmissible by the Laws of Nations and of all Civil Governments; they are void both in law and in fact, be- cause tiiere is no legal corporate body civilly established to take their use but an alien Sovereign, and aliens his fu'ojects, who were and are utterly incapable, by the very nature of their Institution, of any civil existence. The possessions, therefore, of the Society of Jesuits m Canada, in every view of the case, are lapsed to I. is Majesty by right of "onquest, and acquired sove. reignty ; by dereliction of the supres.ne power itself, of whose good pleasure these possessions were lately held, no provision having been made for them by it in the act of cession ; by the want of an original complete title in a body incapable of legal taking, holding, and transferring; by the nature of defective trusts, founded upon such defective titles; and by the non compliance of the order with the provisional terms of re. admission, as probhtionary occupants and only pro tempore, into the Domi:iions of France, domiciled in the person of their Father General at Rome, subject to the execution and effect of the Arret which was passed by the original tribunals for their expulsion in 1594, to which they are still liable, for never having observed bft openly rejected, the conditions of their first admission, which are the conditions of the second, and farther, are liable, ipso facto, whenever they should be hurtful and dangerous to the realm." The intelligent reader will discover, among other things, the follov.ing principles in this im- portant document. The title of the property of the Jesuits is vested in the Head or General of the order. They being under a vow of per- petual poverty can hold no property. The Jesuits in France, in the 16th and 17th centuries had no legal title to property; all the title existing was vested in an Italian at Rome. This Italian, being an alien, not under alle- giance to the King of France, could hold no real property either in France or its colonies. ThJM was the state of affairs before the conquest. Neither the Jesuits, nor the General of their H 82 i order had any legal title to their Estates in Canada prior to 1763. What was the condition of their titles after the conquest? Not improved, but rendered still more precarious and frail. The General being an Italian, an alien, not under allegiance to the King of Britain, could hold no real property within his realm.* He therefore had no legal title to property in Canada. The tenure by which it was held was merely nominal and not real. Is it not therefore certain that the Jesuits never had a legal tenure to their Estates in this Colony ? If the Jesuits as a people could hold no property by virtue of their VOW" of perpetual poverty, they had no legal title to it; and if the General, being an alien, and a non-resident, could not have a legal tenure to real property within the French and British dominions, he had none. Their legal title to these Estates, then, was only nominal or imagi- nary , These positions are too plain to admit of con- troversy. Therefore, if the Roman Catholics, in the colony, sustained the same relation to these Estates, -sustained by the Jesuits themselves, they would have no legal title to them in the Britisli dominions. How then can they have acquired a title or right to them in law .'' Will the fact tliat the Jesuits once held them by an assumed tenure, not authorized by law, give the Catholics a le^ai rieht and title to them ? A •■J o position, which no sophistiy or Jesuitical logic or cunning can make plausible. The fact that one man holds property by a tenure not author- ized or sanctioned by law, can give no other man a legal title to it. * Blackstone's Commentaries, Vol. 1, 13. 1, Chap. 10, Pi'gf 371— Also Vol. 2, B. 2, Chap. 15, Sec. 6, Page 248. Vide Avwou Droit Fran^ais, Tome A 1, Page 85. CHAPTER X. AUTHORITIES SUPrORTING THE I OSITIONS OF THK NINTH CHAPTER OF THESE ARTICLES. &C. As the design of t/iese papers is lo put the puo- lic in possession of the facts and authorities, the knowledge of which is necessary for a correct understanding of the subject on which they treat, it seems proper to communicate the sub- stance of ri communication of Mr. Marriott, one of the British Ministry, which accompanied his letter to the Attorney and Solicitor General, and found in the 33rd Vol. of the Journals of Legis- lative Assembly of Lower Canada, given in the foregoing chapter. The Authorities of Mr. M. in the small type in Latin and French, are ren- dered into English. Proofs and Extracts relating to the Constitution of the Society of Jesuits, annexed to the letter to the Attorney and Solicitor General. Concerning the Jesuits of the less observance, the Bill of Sextus V., 29th September, 15S7, gave the Society a power of setting up congre- gations in ail their houses and in all places, sub gubernio societatis existentibus^ and to connect and unite these congregations with the congre- gation at Rome, et primaria: Romance aggre- gandi ; so that these immense congregations of 84 lay brothers, formed in every kingdom but one body, having the same spirit, interests, views and government, with the congregation at Rome. Father Jouveny informs us that in 1710, the society had six hundred and twelve colleges, three hundred and forty houses of residence, fifty-nine noviciates, two hundred missions, and twenty-four houses of professed ; the whole * divided into thirty-seven provinces or territories of the society, the extent of which may be judged from the consideration, that all France formed but five, which were called the provinces of France, Champagne, Guienne, Toulouse, and Lyons. The missions were attached to some one of these provinces, or made themselves separate missions. The number of the four classes, was, in the year 1710, on their own list, 19,998. It may be conjectured, from the enter- prizing spirit of the society, how much that number must have increased since. The four classes were as follows : — " 1st, TtiG Professed ; 2nd, the Coadjutors ; 3rd, the Scholars, Students and approved Scholastics ; 4th, all those who, without being of the three former < lasses, had taken a resolution to live and die in the society, and were in probation till it should be de- cided, into which of the three other classes they ehould be ad- mitted." The Houses of residence, which were 340, are the Houses of the Missions out of Europe. The Missions were under a vow of poverty. It was the general rule of the Institute of the whole society : — " This little congregation so accepts poverty as to be neither willing nor able to have any Revenues for its support, or for any other purpose." In the first Bull obtaincvi by them from Pius v., 1571, the terms were : — " It 13 declared a Mendicant Society, according to the design and real succ 85 of its institution, and is reckoned with the other orders of mendi- cants, and is mside equal to thena in privileges." And in the disposing and granting part tlie Pope says : — •• For the Mendicant Society exists as one, which, by its rules and constitution, confirmed by apostolic authority, cannot possess real property, but lives by unfailing alms, and the bounty and succour of the faithful." That the houses of residence of the missions were not very independent of the general body, appears by the very form of the letters of autho- rization, which the Provincial gave for the place of Superior General of the Missions of any parti- cular Province, and these powers were extended by special powers, or narrowed at the pleasure of the Father-General. The powers given were, " Over the persons and places which in those parts belono; li» the society." Therefore, those persons and places formed no establishments separate and independent from the common mass of the Society ; but the autho- rity was reserved as to all contracts ; *' Not, however, or alienations, of bonds or grievances, which the College or Society ought to manage !" In which case a special authority was requisite, so that the whole property of the houses of the Missions was clearly in the Father-General. The Bulls of Gregory XIII., 1576 and 1582, vested all property in the Father-General. The recital was : — " Permanent and inalienable properly, or what is in a manner permanent ; also valuable moveables of whatever quality and pow- er, of houses both professed and of probation, of Colleges and other places, wlicrever existing, information beiiig accepted from without by informers summarily and simply, or even with an entire omission thereof;" reserving t:> himself to judge the utility of tht alienations or assignments. H 9, 86 *• Simply and without the form of judgment : nor is he bound to a communication of the utility or necceeity of sales and other alienations of this kind, or of the exchange of property by money, into what is of equal or greater value ; or to any other accounta* bility." The unlimited extent of the General's power further appears from the compendium of the pri- vileges of the society of Jesuits : — v •* The General, as soon as elected, can exercise full jurisdiction over all living under his obedience, wheresoever they are sojourn- ing, even the privileged, even those possessing powers of what na- ture soever." The General had granted to him by it, power '• Over all of the same society, fellows and private persons, living under obedience to him, wherever sojourning." The Provincials were as Lieutenant-Generals of the Father Generalissimo. '• From the appointed ^iencral as from the head, the whole au- thority of the Provincials proceeds, and through them it descends to the locals, through these a^nin to individuals." The Missions were subjects, as well as the rest of the communities : '* From the same head, or at least from his delegated autho- rity and his approval, the missions proceed." Again, *' Tfie same General possesses all power in the missions." Bull of Gregory XIV., 1591. It appears that the members of the society were merely agents of the Father General, though furnished ostensibly with his powers, " All hough the General should delegate his authority to sub- Governors, whether visitors or commissaries, yet he will be able to approve or rescind what they have done." How unlimited is the submission, in a system subversive of all good faith ! " Duty wil' require them always to render obedience and reve- rence to him as occupying the place of Christ :" 87 I id reve- How shocking the impiety of an order thus constituted ! Gregory XIV. confirmed in his Bull the sove- reignty of the F ather General. The terms were : ** Ignatius, the founder, decreed, that the whole eystcm of gu- verning: should be monarchical, and comprehended in rules at the will of a single superior. In addition to many other advantages, this, in particular results, ihat the whole order arranjjed under a monarchical government, though very large, is kept united, and its members scattered through the whole world, yet bound toge- ther by this perfect subordination to their head, can more readily and with greater ease be directed and incited to the discharge of various functions, according to their peculiar calling and indivi- dual disposition." And the Bull anathematized all who should oppose their privileges, whether kings, states or prelates, upon any account or pretence whatevev, and that the order should be immaculate, even by the Holy See itself, and independent, and what is more extraordinary, that if any Pope should decree thereafter to the contrary, the Ge- neral should annul the decrees, and reinstate the society of his own sole authority. " So often restored and replaced and islly reinstated in their original position in which by whatever means they formerly were by the general, they shall be, and are, and obtain and possess their efFtJCts." The Jesuits of Spain and Portugal, desirous of a reform, from this unlimited slavery to which they were subjected, in 1593, petitioned Pope Clement, in these words : — •' Although the General has councillors, yet he is not bound to stand by their advice, but is ruler of rulers, and does what he pleases, restrained by no laws : so that he puts to death or spares, casts down or exalts whom he will, just as if he were God, who is free from all perturbation, and could not do wrong." The subordination and constant correspondence of all the members of the society with the Fa- ther General, was such, that the whole society 88 wero, as it were, always before him. The mem- bers of the soci(^ty devoted themselves, the move- ments of their minds and bodies, to the disposi- tion of the Father General, to be as dead car- casses, without volition or life of their own, and as a staff in a man's hand to be directed at his will. They were to discover everything they knew or thought to the Father General, relating to the society and to themselves ; the revenues were to be laid before him. Whatever was accepted by die Provincial and sub-Governors of the order, was always accepted under a reservation for the ratification of the Fa- ther General, as appears from the decree of the congregation, 1558; Bull of Pius V., 1568; Bull of Gregory, 1576 ; Decree of ; and the formulary of tlie act annexed to it ; acceptations of P. Viole, of the College of Toamon, and Pro- curator of the General, October 28, 1560; act of acceptation of the Hotel d'Anville, by Claude Mathiew, 12th January, 1580, Provincial of the society of France, which ran : — '' As well in his name, as iliat of all the said order, and wiio have promised to have the said acceptance ratified by the R. P. General of the society, within six months next approaching." Vide Contract in 1662, between the Mayor and Echevins of the city of Angouleme, for the College of that city, and Father Cotton, Provin- cial of Guienne, who passed it, — "Under the advice and authority of tlic most reverend P. Mutio Vitteleschi, General of their congregation, resident at Rome, of whom he makes much, and has promised to furnish letters of acceptance and ratification." Vide, the same reservation to the Father General, in the contract of P. Boette, made in 1633, for the college of Sens, with the Mayor and Echevins of that city ; the powers of the superiors to P. Boette, were — 89 '• Under the good pleasure of our Father General, whose it is to confirm the whole matter, providing the power of binding the society." VidCy Arret of the Parliament of Aix, in Pro- vince ; also in the same terms, " sub bene placito," and the acceptation of the Seminary of Strasbourg, in 1683. In 1591, the donation made by Delegrange, who turned Jesuit, was made to the Company, in the hands of Father Claude Acquaviva, General. This donation was disputed by the donor's family. In 1730, the society accepted the foundaiion of a College, made by a C3anon of Autun, pro- visionally. On their supplication to the Gene- ral, his rescript authorized them to accept it, but with a salvo respecting the disposition of the Revenues of the foundation : — *• In such a manner, however, that in all respects the design of our institution be preserved." In the deed of the 1st February, 1745, by which Father Diousidon, Rector of the College of Bourdeaux, accepted the donation of ten thou- sand livres made to the professed house in that city, and approved by the General, it ends thus : — " The whole under the good pleasure of our R. V. General, and according to the spirit of our constitution." In the article, 1609, proposed by the Father Nevelet, Rector of the College of Rheims, for uniting that College with the University, and in the decree of 18th October, the very first clause is — ** The laws and privileges of their institution, with which they were presented by the Apostolic chair, being unviolated." In the cause of De la Malte, before the Grand ~li- 90 Council, 1750, the ratification of the Father General was produced. In the case of a contract made by two Jesuits, with the University of Caen, in 1C09, the society insisting that the Father General had not given his consent, they obtained the contract to be de- clared null ; and they produced the letters patent, whereby the contract was so declared, in a cause they had with the University of Caen, in 1720. The University of Paris made good use of this very same precedent against the society, by shewing in a suit with the University of llheims in 1724, that the decree of 1609, and the tran- saction of 1617, which they pretended had united the society with the University of Rheirns, were not ratified by the Father General, and therefore were null. The union of all the houses of the Missions in general, and of the missions and houses of New France or Canada in particular, with the body of the sooiety, appears from the contract of Father Biart, Superior of New France or Canada, and Father Ennemond Massio, in 1611, in which they stipulated on one part : — " As well for them as for the province of France, and the said company of Jesus." (The contract related to the cargo of a ship bound to Canada,) and part, viz. : of the merchants ^, the terms were : — ♦' The contractors agrree that the said Jv-suits, as well m their name as in the afores;iid capacity, enjoy and have for their profit the entire moiety of all, and several, the merchandize, profits, and other things, circumstances and dependencies." So that the Province of France, the Province of Canada, and the whole company were indi- visible in their interest and property. The Uni- versity of Paris produced an authenticated copy 91 of this contract in a law suit with the .Jesuits in 1644. It shewed that the House of th(5 Missions depended upon the Province, the Province upon (he Society, and that all the Missionaries, its members, were but agents oC the Company, which was united, as we have already shewn, un- der one principal director, ol" unlimited authority. These ideas of the society and of the Titles to its possessions are confirmed l)y the pieces writ ten by the Jesuits, and published by the authority of their order in their famous dispute with ail the rest of the Regulars, on the occasion of the edict of the Empire Ferdinand II., in 1829, for restoring the Estates of the Empire, wliich the Protestants had taken away. The champions of the Jesuits insisted that no other orders coidd take but themselves, because the fraternities were distinct, which once held those endow- ments, and were now extinguished ; that they, the Jesuits, were, on the contrary, one indivisible order; that the Generals and Visitors of those fraternities which were local, had only a power 'IS to the reirii ar discipline of each separate monastery ; b» that these Visitors were not, (as ii the order of tii 3m the Jesuits,) like then* Ge- neral, able to change persons and properties, ad libitum. Vide the work of Fatlier Layman, printed at Dillingen, in Suabia, by permission of the Superiors entitled, — " A just defence of the most holy Pontifcx, the m<;st auffust CoBsar, S. C. R. Cardina's, Bishops, P .nces, finally of the liitle Sociefy of Jesus, in tho cause of the extinct Monasteries, und un- occupied T^'^clesiastical property." FatiiOt Jean Criisius, who wrote at the same time a dv ok, entitled " Astri' inextincti Eclipses seu deliquium," uses these words which, de- serve attention, and affect the case of a con- quered country : — ('1 IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I ■ 50 ™'^" Hi 1.8 1.25 1.4 1.6 ^ 6" ► ^^^ V) ^a ^. (0 / ^ HiotDgraphic Sciences Corporation 23 WEST MAIN STREET Wi;B$TER,N.Y. 14580 (716) 873-4503 ^^ iV <^ #; its establishment. Can it be possible that Canada will be the first to set the example, of permitting and encou- raging the establishment of this society, and ena- bling it to subvert its laws ! -A ^^■u: 'j .-. O ' jUi':,. CHAPTER XI. * THE ROMAN CATHOLICS HAVE NO RIGHT IN EQUITY TO THESE ESTATES. It has been shown by several arguments, in previous chapters, that the Roman Catholics have no legal right or title to this property. To prove this the following positions have been taken and maintained. Whatever right the Jesuits had to this property was extinguished by conquest, sup- pression and confiscation, and the death of the Jesuits. These circumstances made the King of England, by virtue of the " definitive treaty" of 1763, by the fact that confiscated property be- comes the property of the Crown, ai.J, by the law that a derelict or vacant estate, always goes to the Sovereign or Government — the sole and ab- solute possessor and proprietor of this property. His Majesty's right and tide to it were of the strongest and most decisive character. No posi- tion in law could be decided more clearly and satisfactorily, than the King's Counsel, in the Province, in 1790, decided the question of the extinction of all right and title of the Jesuits to these Estates. . Now, if the Roman Catholics of Canada, in 1850, have any legal right to this property, it must be grounded on an existing legal right of the Jesuits. In law, they can claim it on no other ground than that of being the legal heirs of the 97 111 Jesuits, their successors in lawful right and title. Here they fail, for the Jesuits' legal right and title were extinguished 50 or 76 years ago, — first at the suppression in 1774, and then more abso- lutely, if possible, at the death of the last sur- viving Jesuit in 1800. This is the most favorable view that can, in justice and fidelity, be taken of the legal right of the Roman Catholics to this property. There is another and a more correct light, in which this assumed right has been previously presented. The Jesuits throughout the world, always have been and are under a vow of per- petual poverty. As a people, by their solemn vow and oath, they can possess no property. — The perusal of the Constitutions of Jesuitism, formed by the Spaniard " Ignatius Loyola," the founder of this Order, about 1550, to be found in J. Taylor's " Loyola and Jesuitism," will con- vince any person of this fact. The vow of po- verty is " understood as forbidding the retention by individuals of any property or funds whatso- ever, to be employed or enjoyed personally or privately ; as also the acceptance of the cus- tomary fees for the performance of the offices of religion ; or of any salary rendered on any such account. This law afiects not merely individual members, but the churches and houses of the order. All, on being admitted to the order, pro- mise never to consent to any modification of the rules relating to poverty, unless it be such as may render them more severe. All that comes, and which may be accepted, must come from God, in the simple form of alms, bestowed by the pious upon those who are absolutely indi- gent." " The power of the General is indefinite, and no man has any authority but that which he imparts. He alone appoints to places, dismisses, i2 ^ 98 I' ■ continues, is sole, supreme adnninistrator of all the property. They are administered, purchased, sold, contracts are entered into respecting the personal property, rents on the real property of the Colleges are constituted or redeemed ; he can sell, alienate, exchange the real property of the Houses or Colleges, without any previous infor- mation, without giving thereto any judicial form." This is the state of the Jesuits relative to property. All right and title to property are vested in the General of the Order, originally in Loyola, and, subsequently, in his successors in the office of Generalship. Now it has been shown, both from French and English legal authorities, that no alien can hold real property in France or England. At the time of the suppression of the Jesuits in France, and in the British dominions, the General was a fo- reigner, an alien, an Italian at Rome. He could therefore hold no property by law, either in the French or British dominions. As the Order had no legal existence in France, being allowed to exist only by suffrance, permission was granted to them to enjoy their Estates for a time. But the Jesuits never had any legal right in, or title to property, either in France or England. Therefore, it is obvious that the Jesuits never had any legal right to their Estates in Canada. Their only title to them being vested in an alien, who could hold no real property in Canada, either under the French or English jurisdiction ; their assumed legal right to this property, their nominal tenure, was a mere rope of sand ; their title deeds were no better than blank paper. Therefore, give the Roman Catholics the same Legal Tenure to this property, w^hich the Jesuits themselves had — allow them to be their heirs at law, and they have not even a semblance of 99 legal right and title to the Jesuits' Estates ! In that case, their tenure could not be stronger than that of the Jesuits. As the Jesuits could have no legal tenure — no right sanctioned cither by French or English law, the Catholics could have none. The son, who, as lieir, claims the pro- perty of his father, can have no better right and title to the estate than his father had ; he can, as heir, hold no property to which the father had not a good legal tenure. Thus stands the question of the Roman Ca- tholics' right, in law, to the Jesuits' Estates. Notwithstanding, have they not a right in equity and justice to this property ? Is not theirs an equitable and just right "J However they may view the legal point, this is what they assume. Bishop H., m 1789, and the Bishops, Archbi- shops and Coadjutors, and the Priests of 1846 and 1847, claim a right to this property. Bishop H. says, " The Province has no right to appro- priate them (the Estates) to itself, but for their original destination ;" which he claims to be the education of the young Canadians and Indians — the advancement of Catholic Missions, and the » propagation of the Catholic faith. He argues, that the fact that these Estates were given by Roman Catholics to Roman Catholics, is suffi- cient of itself to show that " the Canadians, con- sidered as Catholics, have an incontestible right to these Estates." This is the ground taken by the Catholic Church at the present time. My first reply to the argument of the Bishop, and the assumptions of his successors, is, the Bi- shop does not state the case fairly. He says, " The propagation of the Catholic faith is the principal motive, assigned in all their title deeds." His assertion in effect is, that these Estates were all given to the Jesuits, both by the 100 associates, 100 tspi • 1 i benevolent individuals, and the King of France, for the projjagation of the Catholic faith, as certified by the title deeds. Though it is, doubtless, true, that this property was both given and received, for the pmpose of devoting it to the interests of the Roman Catholic Church — this is the motive of a very small proportion of the deeds, as may be seen by examining them in the 33rd volume of Parliamentary Journals, before often referred to. These deeds are before me — I have exa- mined them with care. These are the facts : Nearly all these Estates were deeded to the Re- verend Fathers, the Jesuits ; and most of them unconditionally to be theirs, and their heirs for- ever — without any specific design relative to the use to which they were to be put. Several por- tions of them were deeded on condition that they should be cleared — five Seigniories, or smaller di- visions, unconditionally : one, to enlarge the highway by a Church ; one for other lands ; three, as sites of charches ; three, to aid the Col- lege of Quebec ; eleven in consideration of the payment of money in return ; seven in conside- ration of services rendered to the Canadians, the Savages, and to New France, and only five for the advancement of Missions^ and the propa- gation of the Catholic faith. Such were the mo- tives of the deeds. A small portion of this pro- perty, only was given specifically for the propa- gation of the Catholic faith. Besides, the act of amortization devoted it all to education. Thus the matter stood, while it was in the hands of the Jesuits. With what grace or propriety then, can the Catholics, since it is set apart for education, pray, that it may be restored to its original de- sign — or be committed to the Bishops, to be ap- propriated not only to education, but partly to other purposes ? In view of the motive of the 101 title deeds, and the specified design of the act of amortization, which devoted it to education, is there the shadow of equity and justice in their ^. demand ? Had this property been given to Lord Amherst, a thing once contemplated by George III., or devoted to any use foreign from educa- tion, this demand, however void of equity, might have appeared more plausible and spacious, than it can be made to appear in view of existing facts. But do the Catholics reply, we ask that this property may cease to be devoted to the edu- cation of Protestants, and may be expended ex- clusively to educate Canadians or Catholics, and thus be appropriated according to the will or in- tention of the donors ? This they desire. The expression of this desire seems specious. But in view of their own assumptions, what relation have the Roman Catholics of 1850 to the Jesuits of 1770, that gives them an equitable claim to a compliance with this. demand? Does the fact that they are Catholics give them a relation to the Jesuits, in which originates a rightful claim on their part, to demand and see that the alleged design of the Jesuits should be faithfully exe- cuted in this particular? What relation have they to this matter, which makes them the execu- tors of the will or intention of the Jesuits ? But is it said, moreover, these Estates were created for the education of the Canadians, as Catholics — as the quality of the donors and of the almoners of them, and the use to which they were put by the Jesuits, while they possessed and controlled them, incontestihly shows — and, therefore, the Catholics have a rightful, equitable, and just claim to their exclusive devotion, to the education of their children and children's chil dren ! It is unjust in the Province and the Parlia- 102 f ment to withhold them a day from this purpose I This is the strong ))oint in the case. And yet, it is easily answered. Had the Jesuits' Estates never been forfeited to the Crown, by the prin- ciples, institutions, and influence of the Jesuits, which led to their suppression and the confisca- tion of their property — the transfer of it to public use, then, perhaps, though it had, as a derelict and vacant estate, gone to the Crown — this de- mand might, with some appearance of reasona- bleness and justice, have been preferred. But it cannot as things are. The circumstances and events, which committed this property to the Crown, have put it entirely out of the reach of such a demand. Under the circumstances. Go- vernment had an equitable and just right to an- nihilate the order, and with it the v/ill of the or- der, in the premises, and devote their property to its own use forever. And as it had a clear right to do this, no man, or body of men, have a right to utter a word of complaint, or to ask the Government to reverse its action, to obey the al- leged will of a suppression, an annihilated order of men. It savours either of great ignorance, presumption, or arrogance, for any body of men to make such a request. i.i ' . .■ ■ ■ In' ordeir to illustrate this point, the following case is supposed. A., in 1760, makes a will, conveying his property to his heirs and assigns. He rebels against his Sovereign, and for his treason, his property is taken from him, trans- ferred to the public use, taken possession of by the King, and by legislative action is appropria- ted to a specific object. In 1850, the grand- children, his natural descendants, by virtue of his last will and testament, come forward and de- mand the bequeathed estate, as a right in equity 103 i and juslicc. The law has extinguished the original right of lihe owner of this estate to it, and yet his descendants claim it on the grounds of equity. They allege, that it rightfully belongs to them. By what moral principle could such an unreasonable claim be sustained ? To prove that this property was theirs in equity, they must first prove not merely that their ancestor once had it, but that he died possessed of it. As his right had beer, extinguished — as he had no property, his heirs could inherit none. They could in no sense inherit what he did not at the time of his death possess. Therefore^ could the Roman Catholics of 1850, produce a will of the Jesuits of 1770, convcyine; to them all their Estates in Canada^ it would not furnish the least proof of their equitable right to them. With the Jesuits' suppression in 1774, not only their right in equity, but the right even of their legal heirs to their property, forever ceased. But the Catholics can produce no such will. Nor have they any legal relation to the Jesuits any more than they have to Gerard. The fact that they are French Canadians, or of the same race of the Jesuits, and in some respects of their faith, can avail nothing in their behalf. Similar- ity of blood, or of religious belief, can never be recognized as a ground of equitable right to property. It may aid to a clearer and more intelligible discovery of the truth here, if we throw ourselves back to 1800 and 1774. In 1800, "George III." took possession of these Estates, by a writ of seizure, as derelict and vacant Estates, lawfully becoming the pro- perty oi the Crown. Had he not a perfectly hi 104 equitable and just right so to do ? Ever after was not this property rightfully and equitably at the disposal of Government? Was not the Government under the most sacred and imperi- ous obligation to take charge of it, and use it according to its wisdom and discretion for the public benefit ? In doing this, did they, could they violate the rights of any class of their sub- jects? No man can reasonably allege this. Again, in 1774, for good and wise reasons, Go- vernment suppressed the Jesuits, and transferred their property to public use. In 1762, the same was done in France. It has often been done by European Governments for the good and safety of the stale, as well as to admonish all organized bodies not to invade and put in jeopardy its rights. Who ever questioned the just and equit- able right to do this ? Had not " George II." a just and equitable right \o extinguish the Order in 1774, and convert their property to the public use ? Had the Jesuits themselves, any just or equitable ground of complaint in the premises ? And, who, besides the Jesuits, could have then risen up and said, that they had a right to the forfeited, confiscated property ? — no man or body of men. Well, if this could not have been equitably and justly done, neither in 1800 nor 1774, it cannot be in 1850, If there were right and justice on the part of the Crown then, there are now. If no man could then, equitably and justly, complain of the nature and results of its action, no man can, in equity and justice, do it now. If no body of men could then rightfully ask this, property for their own behoof and benefit — no body of men can rightfully do it at this time. 'l.f "/.•■»■!■■'■*■?■'->■' '— ■ ■ -• "-- .,,-r.^— ;;„-'':■;;" Be it indeed, that the Canadians, as Catho- 105 lies, have neither the control nor exclusive bene- fit of the forfeited Estates of the Jesuits, and that they only receive their portion of the Re- venue in connexion with Protestants — the other Colonists. What right have they to the exclu- sive monopoly of properly, lawfully and equit- ably transferred to the public use — or to its ex- clusive expenditure for their benefit, to the ne- glect and detriment of their Protestant neighbors and fellow-citizens ? J:r ;Vn 1;:: •. I . , ? . » i :>', ,v i.,^ '.■ I CHAPTER XII. >ffi )& ) i: I ', STRICTURES ON A MEMOIR OF THE ESTATES WlllCfif BELONGED TO THE JESUITS, &;C., — THE LEGAL TE- NURE OF THIS PROPERTY WAS NEVER VESTED IN THE ROMAN CATHOLIC CHURCH THE ENGLISH GOVERNMENT NEVER GUARANTEED IT TO THE JE- SUITS — IT WAS RIGHTFULLY CONFISCATED ; AND INCORRECT STATEMENTS OF THE AUTHOR. In 1845 a pamphlet of 36 pages was printed in Montreal, entitled a " Memoir upon the Estates which the Jesuits possessed in Canada, and the objects to which these Estates should at present be applied." The object of the writer of this tract (whose style, course of reasoning, and particular knowledge of the history, canons and iav/s of the Catholic Church shew him to have been either a Catholic Bishop or a high ecclesi- astic) was to prove that the Jesuits' Estates should be devoted exclusively to the establish- ment and support of Roman Catholic educational institutions and missions. At the time this pamphlet was written, the revenue of these Estates had not been specifically appropriated. It had been set apart to education by the Act 1 Will. IV., but it had not been taken from the public chest, and applied to any particular class of in- stitutions. Such an application was made by the Act of Vic. 9, Chap. 69, passed in 1846. 107 The design of the author seems to have been to influence Parliament, at its session in that year, to appropriate this Revenue exclusively to the interests of the Catholic Church. He failed in his attempt to secure this result. Having neither law, judicial decision, equity nor truth on his side, he could not have reasonably expected that Parliament, in whose archives was an abun- dance of documentary evidence, to expose his false premises, and baseless assumptions, and tt> refute his arguments, could have been made the blind dupes of his selfish and unrighteous schemes, and the agent of executing his sinister I and sectarian designs. To all enlightened read- ers — persons who understand the subject dis- cussed, the document carries with itself its own corrective. For bold assumption of positions in- capable of proof, incorrectness of documentary evidence, and for inconciusiveness of reasoning, it is a remarkable paper. It betrays in the wri- ter, either great ignorance of the subject, which he attempts to discuss, or great unfairness and dishonesty in making false statements, and sup- pressing testimony which overthrows his theory. All its main positions are directly contrary to the documentary proof, found in the Parliamentary Appendix of 5 George IV., a part of which has been given in the preceding chapters— many of its assertions are grossly false, and not a small amount of its matter is manifestly irrelevant to the subject. The intrinsic merits of this pam- phlet, give it no claim to a critical review, or an extended reply. Nor is this necessary to expose its fallacy and weakness. A brief notice will remove the main pillars of its theory, and give the superstructure to the wind. The general ar- gument of the author, as far as it has a logical arrangement, is divided into three sections or 108 i! chapters. The first chapter is devoted to two topics : 1. The Jesuits' Estates are the property of the Roman Catholic Church. 2. The English Government, by the articles of the capitulation of Quebec and Montreal, and by His Britannic Majesty's reply to the Treaty of cession, guaran- teed to the Church " the free exercise of their religion, and the preservation and possession of all its moveables ; and the property and revenue of its Seigniories and other Estates, and that the same Estates should be preserved in their privi- leges, rights and exemptions." It is a sufficient reply to the first position here assumed, that the Jesuits' Estates were not the property of the Catholic Church, but the posses- sion of the General of the Order of Jesuits — an Italian at Rome. It was deeded to individual Jesuits, or to the Reverend Fathers of the Com- pany of Jesus, and not to the Church, and they held it as Trustees of the General, in whom alone all the legal tenure existing was vested. Though these Estates belonged to an order of men in the Church, that order was, in its consti- tutions and corporate capacity, so entirely dis- tinct from the Church, that that body could, in no sense whatever, be alleged to be the owner or possessor of them. This opinion is supported not only by the character and constitutions of the order — by all the internal evidence of the case, but by all past legislative and judicial action with respect to the Jesuits and their pos- sessions. The first position, therefore, is an as- sumption without the least proof. The second position taken, being dependent on the first for support, is equally groundless. The guarantee of possessions, rights and privi- leges, given to the Catholic Church, was given to that body in its ecclesiastical capacity, and 109 not to the order of the Jesuits in their distinct organized and corporate capacity. The guaran- tee pledged the toleration of Romanism and not of Jesuitism — of the religion of the Church of Rome instead of the constitutions, institutions, peculiar faith, schemes, and action of the Jesuits. it was also the seigniories, estates, and posses- sions of the Roman Catholic Church, and not of the Jesuits, that were to be unmolested. The authorities, cited from the articles of the capitu- lation of Quebec, in 1759, and of Montreal, in 1760, and from His Britannic Majesty's reply, to the Treaty of cession in 1763, and from the action of the Imperial Parliament of 1774, are therefore irrelevant to the question in dispute. They ut- terly fail to support the argument and con- clusions of the author of the memoir. — Nor is that all. The explanatory and most authorita- tive passage cited, disproves and refutes his argument. It is the eighth section of the Act of 14 Geo. III., which is in these words: — "And be it further enacted, by the authority aforesaid, that all His Majesty's Canadian subjects, within the Province of Quebec, the religious orders and communities only excepted, may also hold and enjoy their property and possessions, together with their customs and usages thereto, and all other their civil rights, &c." His Britannic Majesty, in this guarantee to the Catholic Church, excepted the religious orders, one of which was the order of Jesuits. He did not pledge the Crown to the Jesuits, to secure to them the possession and enjoyment of their Estates. But admitting, that His Majesty had not made this exception, bul had guaran- teed to the Jesuits the possession and enjoyment of their Estates ; from the nature of all such guarantees and pledges of Government to sub^- k2 J^ no jects, all obligation of the Sovereign or Govern- ment, to the subject, ceased, whenever the Jesuits ceased to be good citizens, or whenever it became evident, that their existence, as an order, was incompatible with the interests of the state. Then the strongest guarantees and pledges, had they been given, would have been annihilated, and all obligation to make them good, would have been dissolved. The subject can secure the protection and guardianship of his Government, only on condition of maintaining good faith, by demeaning himself, as a faithful and good citizen. < .> In the second chapter of the memoir, the author, reasoning from his assumed premises, which have been shewn to be without founda- tion, or false, that the Jesuits' Estates are the property of the Roman Catholic Church, ad- vances to prove from numerous Papal authori- ties, that the property of the Church cannot be diverted from its »>figinal destination — that it cannot be confiscated, and devoted to any other use, than that for which it v/as originally de- signed. Provided this is; and ever has been, a doctrine of the Roman Catholic Church ; and provided also, it is a doctrine, sanctioned by its councils, decrees, canons and usages, for more than 1300 years, and by the action of Popes Clement, Urbain, Innocent, Paul, Pius, and every other Papal Pontiff, and by Napoleon Bonaparte, as the writer alleges, does that evince, that pro- perty, which never belonged to the Church, but whose legal tenure, as far as any existed, was vested in an Italian at Rome, might not be con- fiscated and devoted to the purposes of the British Crown ? Does it prove anything to the purpose ? Again, admit that the doctrine and V its Ill ;, as usages of the Catholic Church, in the premises, have been, and are what the author of the me- moir alleges ; are her doctrines and usages obli- gatory, on Protestant Governments and nations ? Is all the world under obligation, to recognize her to be the lawgiver of all mankind ? to obey all her mandates and bow to her despotic rule ? This seems to have been the confident pre- sumption of the author. However, even Catho- lic France, -when it confiscated the Jesuits' Estates, within its dominions, in 1762, seems not to have believed this doctrine, nor to have submitted to these absurd, arrogant, and revolt- iilg demands. The Church of Rome may, if she pleases, make laws for herself, and enforce them upon her blind and obsequious vassals ; but she presumes rather too much, when she expects that all the world will receive laws from her Councils, and submissively submit to her usur- pations. — The remainder of the memoir is de- voted to an answer to the enquiry, " What have been the effects of the conquest," upon the ques- tion of the right and title to this property ? There are twelve pages of crude and irrele- vant matter, presented to shew that the conquest did nothing to extinguish the rght of the Jesuits, and of the Catholic Church to the Jesuits' Es- tates ! There is no allusion to the legal and ju- dicial decisions had in Canada, France and England, against his opinions and conclusions. An answer, and the only correct answer, which can be given to the enquiry here presented, is found in the eighth and ninth chapters of this work. The conquest gave the King of England, George III., the entire jurisdiction over Canada, in 1763. In 1774 His Majesty suppressed the Jesuits, confiscated their property, and appro- priated it to the uses of the Crown. And in 1800, 112 I I: by the death of Father Cazot, the last surviving Jesuit, the property, as a derelict and vacant es- tate, by national law, became the possession of the King, if possible, by a stronger tenure. And yet, a Roman Catholic Bishop affirmed, in 1845, that the conquest did nothing, to extinguish the right of the Jesuits or Catholics, to the Jesuits' Estates ! If he was not in possession of the data, the knowledge of which is indispensable to a correct understanding and decision in the pre- mises, he should never have attempted to inves- tigate the subject ; much less to give currency to his insupportable dogmatism. If he possessed the requisite and existing data — the documents previously given, and yet s^ippressed the princi- pal and decisive evidence in the case, he has left on record stronger proof of his Jesuitical cunning craftiness, than of his fairness, justice, honesty, or integrity. In either case, he can lay but little claim to confidence or credence. For the pur- pose of enabling the reader still further to judge, to what extent this remark is strictly just, some instances of his inaccuracy in the statement of facts, will be given in conclusion of this chapter. The passages in italics are from the memoir : The English left the Jesuits in possession of their Estates. In 1774, George III. confiscated their Estates, and vested all their rights, privileges and pro- perty, in the Crown. The administration and enjoyment of the Es- tates^ belonging to their order, was left to them. In 1764, the King took possession of their Col- lege and converted it into Barracks for his troops ; and in 1774, he left to them only certain allow- ances and stipends, such as might be necessary for their comfortable subsistence during their na- tural lives. 113 'V'l In 1787, Lord Amherst solicited from the King of England the surrender of a part of these Es- tates. The King named Commissioners to exa- mine^ among other questions^ whether the Es- tates demanded by Lord Amheist^ could he le* gaily given^ and granted in the mxinner proposed. The Petition of Lord Amherst it seems was not granted. The implication of the author of the Memoir evidently is, that the Commissioners decided in the nagative. It has been shewn, that the Com- missioners decided in 1787, that the legal te- nure of these Estates was vested in the King, and that he might legally give and grant them to Lord Amherst. The last Jesuit of Canada ivas Father Casot ; he died in 1 800. Up to his decease the Govern- ment Itad not touched the property of the Jesuits. The Government took actual possession of the most valuable part of this property, in 1764, con- fiscated it all in 1774, and from that period to 1800 controlled and converted to its own uses all of it, except what was necessary for the com- fortable subsistence of a small number of Jesuits, who, in 1789, were only four in number. Im- mediately upon his deaths ( Cazot^ ) the authori- Hes took possession of the Estates. It seems., however., that they had no intention of appro- priating the revenues to themselves^ hut left them to accumulate in a separate chest. The Govern- ment appropriated these Estates principally to themselves, 24 years before the death of Cazot ; and not one dollar found its way to any separate chest until 1832 ; 31 years after Government took actual possession of the property, by seizure, and 65 years after its confiscation. CHAPTER XIII. THE EXORBITANCE, UNREASONABLENESS AND INJUS- TICE OF THE DESIRE AND PURPOSE OF THE RO- MAN CATHOLICS TO OBTAIN THIS PROPERTY. i? For a period of 225 years, or ever since Abbe Oliver applied to the King of France for a grant to establish a Sulpician Seminary in Montreal, wkich resulted in obtaining the Island of Mon- treal for that purpose, the Roman Catholics have been amassing property in Canada. Their pos- sessions have become of very great extent and va- lue. But as it seems that none of their institu- tions have been required by Government to report the state of their funds, there are no means of as- certaining the exact amount of their wealth. However, something may be learned on this sub- ject from variors documents. According to Bou- chette, in his first edition of the " description of Lower Canada," the following Seigniories be- long to some of their principal institutions : — To the St. Sulpician Seminary, Montreal, the Island of Montreal, 32 by lOJ miles square ; the Seig- niory of St Sulpicius, 6 by 18 miles; and the Seigniory of the Lake of Two Mountains. The endowments of this Seminary are very extensive and valuable. On the testimony of the Ecclesi- astics connected with it, the annual revenue of its funds is $128,000, If this income is equal Hi. 115 )eig- the The sive le si- lo 6 per cent on the capital, their funds amount to $2,300,000. Bui considering the low renl?^ received on their concessions, it is presumed, that the revenue does not exceed two per cent, on the capital. Admitting this to be the rale, tlien the funds of the institution are $6,900,000. To the Nunnery of Grey Sisters in Montreal, the Seigniory of Chaleauguay, 6 by 9 miles, and of the Isle of St. Paul, 6 miles in circumference. The endowments of the Seminary in Quebec, are also of great extent and value. To this belongs the Island of St. Jesus, N. W. of Montreal, which is 6 by 21 miles — the Seigrliory of Beaupre 18 by 96 miles — of the Isle aux Caudres — of Isle de Cap Boule, Caulanges, and St Michel, and the Sault aux Matelot. The yearly income of this Seminary must be very great, but its offi- cers let no one know what it is. Various state- ments of the amount have been made to the writer, but none on which he can rely with suffi- cient certainty to be given to the public. Se- crecy in this case seems to indicate that the funds are very great. That the Roman Catholics in Quebec iiave great wealth, is seen by the fact that the Bishop of that city in 1849, subscribed $200,000 to the Quebec and Halifax Railroad, and expressed a willingness to make immediate payment. To the Hdtel Dieu of Quebec, the Seigniory of Gron- dines, 6 by 9 miles ; of Port Neuf, 4 by 9 ; and of St. Croix, 6 by 30 miles. To the Dames Re- ligieuses of the General Hospital of Quebec, the Seigniory of St. Augustin, 6 by 4 miles ; and Oranville, containing 3,375 superficial arpents. And to the Grand Plcar, La Pointe aux Trem- bles, 8 by 16 miles. To the Ursulines of Three Rivers, the Seigniory of St. Jean, and a lot of 116 5 i ,'■ land in that town. Here we have about 18,000 square miles, or 1 1,520,000 acres. These Seigniories belonged to the Institutions 35 years ago. They have more real Estate in 1850. There is more specific authority on this point. On the 6th of Nov. 1843, the Rev. Lord Bishop of Toronto, in a memorial presented to Parliament, against any Legislative action;, de- signed to lake from King's College its lands, communicated the following facts, with respect to the lands belonging to the Roman Catholic Collegiate and religious institutions in Canada East, exclusive of their share in the Jesuits' Es- tates. — Leg. J. Ap. page 101, 1843: — Acres. The Ursuline Convent, Quebec, . . 164,616 Do Three Rivers, . . 38,909 Recollects, 945 Bishop and Seminaries, Quebec, . . 693,324 St. Sulpicians, Montreal, .... 250,191 General Hospital, Quebec, .... 28,497 Hotel Dieu, Quebec, 14,112 Soeurs Crises 42,336 1,232,930 In 1846, the Honorable Mr. Solicitor General Sherwood, from a select committee, in an ad- dress to her Majesty, found on the 107th page of the Journals of the session of that year, says : — " Our Roman Catholic fellow subjects of Lower Canada, enjoy at this day the most ample en- dowment for their Churches and Colleges, aris- ing from grants of land." The list of the Bishop of Toronto contains but a part of the Colonial do- main in possession of the Catholics. The Nico- let, St. Ann's, St. Hyacinthe, Chambly, Regiopo- lis and St. Therese Colleges, each have a char- in tor allowing ihem to hold property, whc/e an- nual income may amount to ^12,000. Theye charters give each of these Institutions power to hold property to the amount of !(^200,00(), whose aggregate is $1,200,000. The College of L'As- somplion may hold property, whose annual in- come amounts to $8,000, iliat js a capital of $133,000. The College of Montreal has power by its char- ier to possess property, wliose annual income may amount to $20,000, that is, its funds may be $333,334. Therefore, the charters of these in- stitutions permit them to possess property, whose aggregate is $ J, 666,334, or more in proportion as it does not yield 6 per cent, per annum. These charters may not be filled up, and some of them may be, but they give power to acquire and pos- sess this large amount of funds. Many of the Nunneries and Convents are richly endowed. The Roman Catholic Orphan Asylum of Mon- treal, the Charitable Association of Quebec, and the Congregation de Notre Dame of Quebec, are each chartered to hold property, whose income may amount to $4,000 ; two other convents to $8,000, and two more to $12,000. Here we have the interest of $666,666 more. This sum added to that which the charters of the Colleges allow them to hold, amounts to $2,733,000. This is the result, provided the property yields an in- come e4ual to 6 per cent, on the funds possessed. It may not, and it is presumed it would not, on an average, yield more than 3 per cent., and if not, the capital ryiay amount to $6,466,000. Nor is this all ; other similar institutions were incorporated in 1849, seven or eight of w^hich are permitted to possess property of a specified amount. . : : r . • . All the Archbishops and Bishops in the Dio- i H8 ceses of Toronto, Montreal and Quebec, are le- gally authorised to hold \)Yo\ieYiy without limita- tion by statute, or as qiuc' as they please. ,' Oil this subject a correspondent of L'^Avc- nir. himself a French Canadian Roman Catholic, writes thus : — " The Catbplic Clergy of Canada are already much too rich. The Seminaries of Quebec and Montreal possess, besides their im- mense properties in the cities, Seigniories ; the Bish^ ps have also their large properties. The properties occupied by the Jesuits, the Oblats, the Freies of the Christiau doctrine, those of St. Viator, and St. Joseph, by different Collegiate Corporations, by the Ursulines, the Grey Siste- 3, by the Sisters of the Congregation in the cities and the country, by those of the H6tel Dieu, of the Sacred Heart, of the Good, Pastor of the Pro- vince, of Longueuil, &c., are immense. It will be objected, perhaps, that a part of these proper- ties belong to the communities of the women, but it is well known that they are under the im- mediate influence of the Clergy. They }^et speak of founding more of these reiigious com- munities, and where is the Cure who is not en- deavoring to found a school of brothers and sis- ters in his parish." These are the disclosures of a member of thb Catholic communion, who .^eems to hays particular acquaintance and know- ledge concerning the property of the Church. If this whole matter were spread out before the country, w ith all necessary and desirable mi- nuteness and particularity, to enable the people of Canada to see, as on a map, the extent and value of the property of the Roman Catholics, and lo follow the lines that unclose every foot, arpent, or acre of the land which they possess, for sites of churches, chapels, vestries, nunneries, cathe- drals, colleges, cemeteries, gardens, pleasure 119 th( grounds — or for agriculture or any other purpose — and take an invoice of all their other property, in buildings, money, valuable papers, &c., so as to fornn a just estimate of it all, they would be astonished to see how much property has been granted to the Catholics by Government, or be- nevolent individuals, or acquired by purchase. This is the religious denomination praying and begging of GoN^ernment " an alms ;^' asking the gift of 616,500 acres of land, of valuable mills and other establishments for business — the Old Jesuit College and apjiurtenances, and more than jji250,000 in debentures — property which may amount to <|3,000,0t30 Or $4,000,000. In possession of no small portion of Canada already, and receiving of Government ev6ry necessary fa- cility, by Legislative enactment t» increase their property, they, without justice or equity to sus- tain their demand, claim a right to all the Jesuits' Estates, and ask with the tones of most piteous necessity the boon of them 1 Wliat exorbitance ! What an unreasonable request ? What an ava- ricious, miserly hardiliood must have dictated it. For the purpose of showing the extent to which sorne Catholic Institutions are authorised, by their charters, to acquire property, and the conditions on which they are allowed to hold it —the substance of two ordinances passed under the Fi'^ach Administration of the Colony, is here given. Tlte General Hospital of Quebec was established by an ordinance of 1692,. This ordi- nance places the administrataon of the ailairs of the institution in tl^ hands o^ the Governor and Lord Lieutenaiit of this, then Colony of France, an^ the Bishop or his Grand Vicar, and their successors, and the Cure of tiie city of Quebec, and three lay Administrators. To these Direc- lorjs and Administrators >vas given power to re- 120 'III' ; i ceive all legacies and donations obtained by will or any other means whatsoever to sne for and re- cover the same if necessary — the power to ac- quire, sell, change, alienate any heritage of Xvhtxt- soever tenure, to manage the same for the bene- iit of the said General Hospital, as they might judge proper, to collect rents rind dues without being required to render account to any person or persons whomsoever. This ordinance amortized all property then held by said Administrators, or which they might acquire in future of whatever lf?nure, and privileged them to pay no rents to Government or any other parties therefor. The religious community of Sa^^irs Hospita- litres de St. Joseph de l*H6tel Dieu de Montreal^ was established by an ordinance of 1669. This ordinance gave the Corporation of this Institution power to hold the property acquired, and then in their possession, free of rent or charge to any p^ir- ties, to build such buildings as might be neces- sary for Hospital purposes — to accumulate and acquire and manage as they may deem proper, but not to alienate. The other corporate powers relating to receiving donations, legacies. &c., are similar to those of the General Hospital of Que- bec. The Corporation of this institution is an irresponsible body; it is not required to give an account of its doings or affairs to any person or persons whatsoever. Other facts present the subject under consi le- ration, in an aspect no more favorable. The average annual grants to the Protestant and Ca- tholic institutions in Eastern Canada, to whose support the revenue of these Estates was apprc- priated by Legislative action in 1831 and 1846, from Jan. 1839 to Jan. 1850, amounted to about $20,000~total about $220,000. Some years tl e grants were less than $20,000, and in others Hi, m mort. The grants in 1849 were about ^30,000. Of these grants the Roman Catholics received a large proportion, varying it seennc, from year to to year, as the necessities of their institutions re- quired, and as their petitions to Parliament con- templated. In 1844, they received more than one-fourth, or $5,814, of !|2 1,586 and in 1849, more than two-fifths, or ^12,500, of about $30, 000 During these eleven years, they esta- blished seven of their Colleges, all of which, either for the erection or completion of buildings, or the purchase of apparatus, or other purposes, have been liberally aided from the Public Chest. In 1846 aad 1849, inclusive, the College of St. Anne received about $5,000 ; the College of St. Hyacinthe, about $9,000 ; the Chambly and L'Assomption Colleges, a little less, and the Re- giopolis College has, for several years, received $1,000 annually ; while no Protestant College in United Canada, except Bishop's and Victoria Colleges, have been aided. It appears by an examination of Petitions, registered in the Jour- nals of Parliament and of Legislation, that Go- vernment has granted the Roman Catholics acts of incorporation and money, wiic never they have been requested to do it, to establish or build up their institutions. The Roman Catholic^ cannot complain on this score. The only College aided by the Executive in 1848, from the Jesuits' Es- tates' Revenue was Nicolet College, which re- ceived a grant of $800. . ., ' . ,, ., ; , Now nearly three-fourths of the $220,000 granted, came from the common Revenue, while the Revenue from these Estates was left to accu- mulate. The Roman Catholics have been aided from the common Revenue, accruing from the Customs of Eastern and Western Canada, while most of the Revenue of this property has been Li M I'mmmimiimmi'. -mtmmm ■Hte 122 ■■'•', Xi withherd from tlje object for which it has been set apart, and treasuxedup. And notwithstand- ing this liberal aid received of Government, from Revenue paid principally by the Protestant po- pulation of United Canada, they ask not merely a more liberal share of the interest, nor all the interest only, but that Parliament may repeal the law of 1831, devoting the Revenue of this pro- perty to education, and pass an act giving to them both principal and interest! What an audacious and presumptuous stride is this ! What enormous and excessive overreaching to acquire that to which they have no more exclu- sive right than the Protestant Colonists- have ? Would they monopolize and swallow up every- thing ? — So it seems. This procedure is distin- guished by the most flagrant injustice. Tlie Protestant population of Canada East have as good a right in law and equity to this property as the Catholics; A due proportion of it is made theirs, by the action of the Imperial Provincial Government. The Revenue is exceedingly ne- cessary and opportune to aid their literary insti- tutions. Having, in general, no funds, they greatly need this Revenue. Their necessities, in a pecuniary point of view, are far greater than those of the Catholics ; and yet, the Catholics would take this money from them— from their Grammar Schools, Academies, CoU-eges, and higher Seminaries, and devote a part o4' it to Catholic education, and the residue to the suipport of the Priesthood- -in other words, to devote all of it to the interests of the Catholic Clmrch !■ They would rob their neighbors for the sake of enri€hing and aggrandizing them- selves ! The injustice is committed not only against Eastern, but, likewise, against Western Canada ,;'.« \2& — against the Protestant population of United Canada. For if the Jesuits' Estates are taken from education aixl giveii' to the Romanists, theu the common Revenue, the Revenue of both Pro- vinces, must be taxed to make up the deficiency occasioned by such an unrighteous procedure. Moreover, give the Jesuits' Estates to the Papal Church, and they would, dm^Mless, soon be so appropriated as to leave their end and new Insti-* tutions in a situation to render it plausible for them to call on Government for aid, as they have hitherto done. It is with rieh Corporations as with rich men-^the desire to acquire increases in geometrical ratio, or in proportion to acquisi^ tions made. It is pertinent to retnarky in view of the fla- grant injustice of the wish and attempt of the Roman Catholics to acquire the possession and control of these Estates ; it is no matter of sur- prise, that when certain conductors of the Press in Montreal, gave currency to the rumour that Earl Elgin, the Governor General, was ne- gociating with the Catholic Bishops to give this property to them — the Honorable Lord should have communicated by telegraph from Toronto to Montreal, a direct and unequivocal denial of any participation in such a nefarious and un- righteous transaction. If the Governor or his constitutional advisers should, for any purpose or design^ conceive the idea of such an immoral procedure themselves, or countenance and ap- prove it in others, thsy would betray a degree of unfaithfulness and of treachery to the interests and rights of the majority of the Colonists, which would prove them to be unworthy of the confidence of the country — and which v/ould be condemned and denounced by the civilized world. * '1 ^ --^ ^^ J 'i 1 'il t >■! M ■m'. ; , I ',.' . V ■ • 1 : 1 • ' i J , i » ' 1 ; • ■ . I . i i ; ■ w I I • I, .rf(, .. ■ -il IT' / 1 ; It r..> 1.;,.. CHAPTER XIV. ■■i'rt ' ,.<■'' ..vf.'. ■• .,:• .{ 1 '4i THE PROTESTANT POPULATION MAT RETAIN THESE ESTATES TO BE DEVOTED TO THEIR PRESENT trSE— SOME CONSIDERATiONS THAT URGE THEM TO EXERT THEMSELVES FOR THIS PURPOSE AND SUGGESTIONS RELATIVE TO THE COURSE OF PROCEDURE NECES- SARY TO SECURE THIS RESULT. .., - . ,. ,, Protestants may retain this property to be ex- pended according to the Acts of 1831 and 184G. This may be easily shewn. A statement of the comparative numbers, institutions, position of the (Catholics and Protestants, will make it ap- pear. The Roman Catholics are about seven- fifteenths of the population of Canada. They have 40 or 60 Nunneries and Convents of all grades and descriptions, besides other minor educational and hospital establishments and asylums, over which hundreds of superiors, nuns, and priests preside, and in which are 12,000 or 15,000 nuns, novices, pupils, or other inmates; 12 colleges, under the direction and tuition of more than 200 directors, professors and teachers, most of them priests, and in which are about 2,400 students ; and between 550 and COO priests stationed in different parts of the Province, and laboring in districts more or less extensive, in the capacity of missionaries. All these directors, teachers, professors, priests, nuns^ 125 nbvices, pupils, students, and people, are undcf the direction and guidance of one presiding spirit — the Bishop of Quebec. The Roman Catholics, who, as a piece of mechanism, with many wheels, arranged with a wheel within a wheel, all have a place and a part assigned them. Priests, professors, nuns, and people, all move in unity and harmony. Such an organ- ized body of organized bodies^— such a general and extensive system, composed of all classes, grades, occupations, and professions, systemati- cally arranged under one head, must have no inconsiderable power and influence. And yet, it seems, that their influence is ordinarily as ex- clusively confined to their own sect, as that of a pendulum to a clock, or that of a mariner to the ship's crevv. If there is any exception to this illustration of the circumscribed influence of the Church of Rome over the Protestant population, it is in the influence she exerts on the Colony, by the aid of Protestants through Parliament and Legis]'\tive action. Notwithstanding, the Church of Rome, in Canada, is no informidable anta- gonistic force. She may, through her numerous agencies, by cunning intrigue, secret stratagem and manoeuvring, by the flattery of unsound and aspirixjg politicians, who court her favor and support, do great and lasting mischief to the country. This might be shewn by the history and results of past Legislation. Nevertheless, what can the Roman Catholics do efl'ectually, against the Protestants of the Colony, on a question like that of the disposal of the Jesuits' Estates, if Protestants act in unity and concert ? The Protestants have at least a majority of one hundred thousand. They are organized into nine intelligent and powerful re- ligious bodies, viz. : Episcopalians, Church of ! ■' ■'. 'I 126 Scotland, United Presbyterian, Presbyteriari Church of Canada, Wesleyan, Episcopal and New Connexion Methodists, Congregalionalists and Baptists. Besides these, there ^re numerous other smaller Evangelical denominations. The nine leading denominations have 870 ministers. The whole number of ministers professedly evan- gelical, it appears, cannot be much, if any, less than 1000. Six of the nine principal denomi- nations have their Colleges and professional Seminaries, under the direction and instruction of learned and able %culties, and within whose walls are hundreds of students. Protestants have likewise about 150 Grammar Schools and Academies, in which between 4,000 and 5,000 are taught by able instructors. Moreover, about 70 of the 85 or 90 Newspapers and Periodicals published in the Colony^ are issued by Protes- tants. They have, likewise, three or four medi- cal institutions, — their law students, and their numerous learned and talented judges, jurists, lawyers, statesmen and physicians. Besides, there are multitudes of intelligent merchants, tradesmen, mechanics, &c. Now in these nu- merous organizations, institutions and classes, embracing many learned and talented men, the powder of the press, of the pulpit, of the bar, and of the rostrum of the Legislative Hall, and com- prising by far, not only in the higher but also in the lower walks of society — -the greatest propor- tion of the intelligence, talent^ entetpriz: and ei- ficiency of the Colony, are the sterling elements of great intellectual and moral power. This host, clad in the Christian panoply, with the sword of the Spirit at their side, are a formidable body — a body against which no antagonistic force in Canada can stand. Is such a corps compelled to submit to the invasion of their I- 127 rights and the sacrifice of their privileges, at the hands of six or seven Bishops and Archbishops, 500 or 600 priests, and a few thousand intelli- gent nuns, professional and other laymen, wiiose dupes and tools, in general, are almost as desti- tute of intelligence as were the sheep of the son, of Jesse on the hills of Bethlehem ? The supposition is highly derogatory to the Protestant name, and dishonorable to the intel- lect and heart of the Saxon race. Let the Pro- testant Colonists, from the Governor General to the huinblest subject, be united in counsel and action, and they may administer the aliairs of the Colony as they please. They may at any time, and on any question, put to flight the armies of their antagonists. They may at plea- sure retain the Jesuits^ instates to their present use and destination. No power against their united volition and efforts can wrest this pro- perty from them. * ' ' • ' '-^ . i Several important considerations urge Protes- tants to resist all eflbrts aiming at a change of the relations of this property, and to use all pro- per and necessary measures to retain it for its present use. This is their duty not only to their children but to their childrens' children, and to the children and youth of future generations to the end of time. Its retention and appropriation for their intellectual and moral culture and im- provement, are matters of great importance. Its present annual income is between $30,000 and $40,000. If wisely managed, thase Estates will yearly increase in value and productiveness. They will yield a Revenue amply sufficient to sustain the Grammar Schools, Academies, Col- leges, and higher Seminaries of Eastern Canada. They are a providential provision to meet both their present and future exigencies. They are 128 '■!}i the property of these institutions. The Execu- tive Government has no legal control over ihem, any farther than to make them as productive as possible, and annually appropriate the Revenue to the specific purpose to which it is set apart. It can never be diverted from this object, except by Legislative action — the vote of the people by their representatives in Parliament. The people have the disposal of it in their own power. Are not Protestants, therefore, under imperious and sacred obligations to guard and protect it from all encroachments of the exorbitant and sectarian spirit of the Papal Church ? Can any intelligent Protestant fail to see and feel this ! Again, the question jf the ultimate disposal of this property, involves considerations, with respect to political and civil rights, of vital and fundamental importance to the Protestant popu- lation of the Coloqy. Those men whp would take all the Revenue of these Estates from the children and youth of Protestants, in obvious violation of legal and equitable right, are pre- pared for any practicable invasion of the rights of their fellow Co'onists, which their cupidity or selfishness may suggest, even to the compulsion of all to do penance, who should fail to conform to the ridiculous and revolting requisitions of their superstitious mummery, or to their cqpfine- ment in the dungeon and chains of the horrid in- quisition. The Church of Rome, as her history proves, is insatiable and inexorable in her exac^ tions of all within her power. Like the channel of the sea, she is always ready to receive but never full. Therefore, will not Protestants resist promptly, manfully and decidedly, the first ap- proaches toward an invasion of their rights in the case in view ? Can they, in safety to their political and civil rights, in gei eral, fail thus to ■ m : 129 act? If they yield an iota here, the Catholics will soon, most naturally, attempt greater en- oroachnicjits and infringement of rights. If they give the Romanists the advantage over them, which they will obtain by the accomplishment of their purpose, in this instance, the result may be as the letting forth cf the mighty waters. And if the Protestant population cannot defend and protect their rights, in this matter — if their wishes and prayers are to be disregarded and outraged, as they were in 1849, are they not al- ready the vassals of Papal domination .'' Con- nected as they are, in the Colony, with the Church of Rome, whose history is that of injus- tice, intrigue and oppression — with a power that would crush them if it were able, or shut them up with Dr. Achilli in the Castle of St. Angelo, at Rome ; they cannot neglect to do their duty in this case, and not put in jeopardy their richest civil and religious privileges, and their dearest woildly interests! If they prefer supineness, lethargy and inactivity, to wakefulness, vigilance, and efficient action, they may not only rue the day of their criminal slumbers, but reap the bit- ter fruit of their folly. Let the Romanists have all their rights, but not a groat more. The relation of this matter to a thorough com- mon education, or to a good liberal education, and to evangelical religion, is worthy of serious and careful examination and consideration. A correspondent of UAvenir^ a French Canadian Catholic, writing upon the immense wealth of the Catholic Church, says : — i, , " It is not education whicti they (the priests) wish, but domi- nation, by means which has the appearance of education. They fear the light, and the means which the clergy employ to hinder it, is to Rpread such a sort of education as suits them. They fear the light because that will bring examination, and make the people think for themselves, and that will bring liberty, as only M 1 :• 'V 130 ' i i I. ignorant people arc bIuvch. I have heard it said from the pulpit, that the child which knowa the catechism, knows more than Socrates, Plato, Cicero and Virgil. Do children receive at thene estahlishmonts for the moat part, a proper education for the wants of society ? Every enlightened man will say no- I can nhew, with the Melungei Religieux in my hand, that they have dared to preach ignorance in their sheet." These sentiments exactly correspond with lliose of the writer of this work, acquired by carefully studying their system of education ; by conversation with intelligent gerktlemen, who have long resided in the immediate vicinity of their institutions; by conversation with those who have been educated at them, and by visit- ing several of their principal colleges. The edu- cation, which they give, is not a thorough liberal education, but an education principally designed and adapted to make good Roman Catholics. It is said, by reliable authority, that the priests caution the school teacher to teach the scholars as little as possible, except the catechism. The correspondent, above quoted, thinks that the Bishops and priests have little, if any, regard to education, in their efforts to increase their wealth. This may be true, and doubtless is, any farther than the education of a certain num- ber of males for priests, and professors for their institutions, ai\d of females for uuns, i« neces- sary to have agents to maintain and perjietuate a system designed to keep the multitude in igno- rance, and, also, to compete with Protestants. The last named fact finds a striking illustra- tion in their eflforts to increase their educational institutions within the last 30 years, the period of the principal efforts of the Protestant Colo- nists, to promote education in the Colony. It is presumed that the Catholics have done more within that time to increase the number of their institutions of learning, especially of the highei 131 orcUn', llian llioy had done for 200 years prior to 1820. If the object of the Clergy is tlie educa- tion of the peopU», why 238 years after the sel- thMTient of tiie Colony, are so few of lliem edu- cated, or even capable of reading or writing ? If this is their object, why arc there about 70 mu- nicipalities, principally the residence of Catho- lics, in 1850, without a school ? And why have $168,000 allowed by Government to establish common Schools, in these and other municipali- ties of a similar character, never been called for ? These facts are very significant and of unequivo- cal testimony. If the Clergy wished to have the people educated, they could have easily put an end to their bitter opposition to the Common School Law, and influence them to establisli schools and receive the money allowed by Go- vernment for that purpose. Now, will Protestants give up these Estates to the Catholics, on their false pretences, or to be fooled away on a superficial Roman Catholic education ? Does not philanthropy and patriotism demand of them its retention and expenditure, in giving either a thorough, common education, or a classical education ! Again, the Catholics ask this property for edu- cational and other purposes. Bishop Hubert de- fines these other purposes to be, the propagation of the Catholic faith. Protestants, precisely in proportion to the strength of their faith in the Gospel, believe the distinguishing doctrines of the Church of Rome to be fundamentally erro- neous, and all the fooleries and mummeries of its perpetual and expensive service to be a delu- sion, calculated to deceive the unsuspecting, and to ruin the unwary. This they have tlip most conclusive and satisfactory reason to believe. They believe also, that the Clergy desire to keep -JJi Wti-Aa^^AftJAjji '^sjg^^jl^iisiiisi^iiiiiiijtMmiiiiMkM 132 I) the people in ignorance, that they may retain their dominion o. .r them. This belief is con- firmed by the universal history of the Church of Rom:;, in othe>* parts of the world, and by their own knowledge of it in this Colony. Now, believing and knowing these thingf=;, can the Protestant denominations innocently give up to ViKi Catholic Bishops and clergy millions of money, to increase their ability to oppose the cause of truth ? While alaiiniiig and startling dangers menace ihe most valuable colonial interests, both of Church and State, from thv. immense wealth and power of the Church ot Rome, will Canadian Pro estants add three or four millions to their vast treasure ? If so, they will prove themselves miserable guardians of the Church of God, treacherous and recreant protectors of the King- dom of Christ, and most unfaithful defenders of the true faith. In concluding this work on the Jesuits' Estates, it may be proper to make some brief suggestions, with respect to the line of duty re- quired of Protestants in the present juncture. — 'rhc first thing to be done is to give the people of Canada, in full, this expose of the whole matter of the Jesuits' Estates. As these facts have never before been j^iven to the public, the people are ignorant of the merits of tne case. Action is necessary, but an intelligent and inde- pendent people will never act without informa- tion. Therefore, the communication of the facts and documents given in this work, is an in- dispensable prerequisite to a ^^accessful issue of the case. As this must bo done to secure the desiied result, it should be done without delay. It can be done by the periodical press, and by printing a small volume. The first is necessary 133 to call alleiil'on to the subject, and the second to oive more general ai.d permanent circulation to the facts and documents communicated, both among the present and future generations. T' ":; writer has a sincere desire, that his gra- tuitous labors may not be lost. Will not some benevolent gentleman look to this matter, and see that what ou^ht to be done is done ? Let the thousand Protestant pulpits^ on p:oper occasions, speak out with boldness and decision, in tones not to be mistaken, not only in the com- . munication of historical facts, and the docu- . ments relating to them, but in showing the ])eo- ple the character and merits of the question at issue, '^nd its relation to their educational, reli- gious .lid civil rights. Until the question of the ultimate disposal of this property is put entirely at rest, let no Protestant give his sulT'rage for any man, a? a member of Parliament, who is not known to be, not for the sake of office^ but upon principle^ opposed to the giving of this property to the clergy and Bishops of the Church of Rome. [f this wicked procedure ever lakes place, it must be done by Legislative action. If no Pro- testant gives his vote for a man, who is not pledged to oppose it, the nefarious deed can never be clone. , It can never be done without the aid of Protestant votes. If they do their duty at t' ^ polls, and on the floor of Parliament, all will be safe. Strict conformity to these suggestions, w'lj only be doing what the Catholics, in s6me sec- tions, have long since done. Moreover, let the people, by their representa- tives in Parliament assembled, look early ard closely into the condition and management of this property, and obtain of Government an ex- planation of its policy, in conducting the a flairs of the Jesuits' Estates; and especially, its rea- li !! ii w" ' o i- i::. !■' /■; r i f •ill V 134 i i. :i"\»-! '4 .> i(Vi» sons for withholding and treasuring up the re- venue to the extent it has done. The history of the past management of this property, by former Governments, both Imperial and Provincial, should surely admonish the people to look after it, with great constancy, vigilance and care. . , Let all alienated portions of it, not deeded by sale, be restored to the design to which the whole property was set apart in 1831. If the Govern- ment, or City Corporations, have taken and per- manently occupied any of the lands or buildings,, let therri in honesty and fidelity settle with the Commissioner of this property, paying him in full the amoiint justly due to the Estates and to education. Ai}d if the Roman Catho/''3s '^ain petition Parliament to give this propert;y to tnem, let Protestant representatives immediately com- municate the knowledge of the fact to their con- stituents, and then let all Protestants in United Canada, forthwith remonstrate by petition, against any farther legislation on the subject. If these things are done, the property will be secured for its present useful purpose ; but if they are not seasonably attended to — if Protestants sleep over the subject, and leave it to the craftiness of the Church of Rome, anc^ the caprice of servile ur principled and designing members of ParliameLt, or of Government — before they are aware, the unrighteous deed may be done and past remedy. ■::,'] M (<;;a .^r.HH '^ ' • *^J!,'>\T:_5{f .;:,.{|ii|;vtri ai^JV^M: - i'jr^ I MONTREAL: — PRINTED BY JOHN C. EKCITST. 'Hi mi i