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 The Srjiiiijl < J II (.^1 ion in ^t'>t>>tt^tfi. 
 
 y 
 
 s:;o 
 
 THE SCHOOL QUliSTlON 1% MAT^ITOBA. 
 
 PRK^R to the ist July, 1S67 iDomohm f>ay), Canarla con- 
 sisted of two provinces, IcLjislaiivtIly Mmffccl under one par- 
 liament. One of these, Upper Canada, vsa* bffjcly Encjiish and 
 Protestant; the other, Lower Canada, was jifcz-fominantiy French 
 and Cathoh'c. IVior to tliis dale, and a* ifjc result of a loner and 
 bitter struL^gle, Catholics had obtaine'3, m (Ccyfinifytfite measure, the 
 ri<jht to separate schools in the English juirfmnoj — schools sup- 
 ported by fTo\ernment ^rant and niuniciji>a.! (Uzes in the same way 
 as other schools. On the (jlher hand, J'lr.'rf.cr^Pants had. without 
 difficulty, procured, in the French pr(yvijic<<.'„ &J»e establishment of 
 Protestant schools. The year 1.XO3 saw- il}(,(r dose of all contro- 
 versy and the acceptance of this situali'jijj !f>i5,' almost every one. 
 The separate school question was ans«ieri;<<l SLFid forever buried in 
 Canada. 
 
 Dominion Day inaugurated a new era i« (Udftdl^ix history. The 
 Confederation Act added two other i)r'A'mr.-:^, ^fova Scoti.i and 
 New Brunswick (neither of which had 4 v-jj^airate school system 
 sanctioned by law) ; it chan^'ed the snmK'i Upper Canada and 
 Lower Canada to Ontario ind Uuebec; lit t-^tthh'shed a federal 
 parliament at (3ttawa and a local legisUliitir^ iin each province; it 
 relegated certain subjects of juri.sdicti<yrt Pt the parliament and 
 assigned others to the legislatures, -dw^uim^ Ify them also any 
 residue; it made various provisions for iiiK (!;Verlasti:ig interment 
 of certain nasty questions, involving r^ciall ;*«:£ religious antipa- 
 thies, which had ve.\ed the earlier po'iStkwm.'* ; and the separate 
 school question's obse(]uies wtre final! y, ajji'J with much thankful- 
 ness, performed — " positively the last aj^j/<s«r;i'ttci';." 
 
 Its troublesome ghost was laid in this Ca*}iiii'>n ; The local legis- 
 latures are to have jurisdiction with refer<fli|rc<; fy erhication, but not 
 absolute jurisdiction. In Ontario an J ifjuurfxcc the Cat!;olics and 
 Protestants have certain rights. The*ve *hiU not be infringed 
 upon; to that extent the legislatures skaiU Sjxr Jntjpotent. If in these 
 provinces, at any future time, the religious ii«iiit)iofify shall, by legis- 
 lation, obtain any further rights or \)ri\ii<^^*-yii,fff rf, in the other two 
 provinces, a separate school system siialll, im tkc future, be estab- 
 lished ; and if, in either of these cases, kj;ii*ll »lli^on be subseriuently 
 passed affecting any rights or |)rivileges ttiiUi* ditnUincd, then an ap- 
 peal from such legislation shall lie on tJii*; jwrt of the minority to 
 the federal authorities. We do not nK-airt tf* *;>y liiat these plain 
 words were made use of in the la)ing im-«m:«:'^». (^)r\ the contrary, 
 
840 
 
 Ammoan C"fI">Hi' Quartrrli/ lifrlcir. 
 
 several years of liti^ration, with joLirneyin;^'s from inferior to supe- 
 rior, to supreme, atul to supremest courts, liave but lately unrav- 
 elled the statute and resoUed its twisted phraseoloj^y into some- 
 thing to be underst )od of all men. This, at last, we say, is what 
 has been yot out of it. 
 
 Three years after confederation (1S70) the western prairies were 
 added to the Dominion, and a portion of them were set off as the 
 ])rovince of Manitoba. Prior to incorporation with Canada, the 
 territories had been gcjvernetl in some fashion by the Hudson's 
 Bay Company, and, as a matter of law, had no system of sepa- 
 rate schools. The position of affairs there, with reference to edu- 
 cation, may best be described by quoting from an affidavit made 
 by His Grace the Archbishop of St. Boniface, u.scd in subsequent 
 litigation : 
 
 " '^lle^L■ schools were (Ienoiiiir7;>lioi>al schools, some of tlieiii 1>eiii.i; legiilatcil anil 
 controlled by the Roman t.'atholic Church, and others by various I'rotcitanl denonii- 
 n.itions. The means necessary for the sui>port of ihe Roman Catholic schools were 
 supplied, to some ex'ent, by school fees paid by some of the p.irents of the children 
 who attended the schools, and the rest was ]iaid out of the funds of the Church, con- 
 tributed by its members. During the period referred to, Roman Catholics had no in- 
 terest in, or con'.rol over, the schoids of the Protestant denominations, and the mem- 
 bers of the Protestant deni>minalions had no interest in, or control over, the schools 
 of Roman Catholics. There were no puldic schools in the sense of state schools. 
 The menVoers of the Roman Catholic Church sun|)orted the schools of their own 
 Church for the benefit of Roman Catholic children, an<l were not under oblij^ation to 
 and did not contribute to the sU|)port of any other schools. In the matter of educa- 
 tion, therefore, duriiij; the period referred to, Roman Catholics were, as a matter of 
 custom ^\v\ praclicc, separate from the rest of the community, and their schools were 
 all conducted according to the distinctive views and Ijeliefs of Roman Catholics as 
 herein set forth." 
 
 The transfer of the territories to Canada was not accomplished 
 without friction. During the negotiation between the imperial 
 authorities, the Hudson's Bay Company and Canada, which pre- 
 ceded the transfer of the territory, the Canadian Government sent 
 in its surveyors (prematurely, therefore), who proceeded to mark 
 off the land into sections and towivships, utterly regardless of the 
 protests of the settlers. No attempt was made to explain to the 
 settlers the policy which the Canadian Government intended to 
 pursue with reference to the method of government, the recogni- 
 tion of tides to lands, or any other subject of legislation. Not 
 only were surveyors sent up, but a gentleman, who was not at all 
 likely to prove acceptable to the settlers, was also accredited to the 
 .settlement, and carried with him his appointment as lieutenant- 
 governor, to date from the day of the proclamation of the transfer. 
 Naturally the settlers protestcti, and naturally many of them re- 
 sisted. They formulated bills of rights; they met in convention; 
 they determined to form a provisional government; they held their 
 
 . 
 
The S<-hi«,l Qmsdvn ill ManHoha. 
 
 841 
 
 crnmcnt. The application was answered by Karl (..anv.llc 
 jth of March, who telegraphed : 
 
 ., , „, ^„,,,. ,;„v.n,n,c,U .i,. ,ive ,.vos.. nnlita,-, ^^^Uanc, ^.W.^-/ -..«■ 
 „/,/, /,.,.«,,• arc,n-anleJ to Ih,- Red RiVcr severs. 
 
 And on the 23d of March, by a dispatch from the under-sec- 
 retary of the colonies, that 
 
 ..T.,o„s s„„u.a no. be c,„„l..yo. in ..rein, the ..vo.ei.nty of Can.,, on 0-e 
 ,,„,„,oti..n of Re,l River sluuM lluy refuse to .u/»nt ,t. 
 
 On the .3d of April, Earl Granville thus informed the governor- 
 
 general : 
 
 , • • r //■.- \r,ti,-<t-'s GoitTiiinciit on all por- 
 .. Canadian Government to ncn-pt .W,s,o>, of Ih , Maj.st, 
 
 tions of Ihe settler." l.ill of ritslus.'" 
 
 The ne<rotiations with the delegates were carried on by Sir John 
 A Mac rnald and Sir George E. Cartier who had t-cn^tppo n^d 
 
 views extended f.om t e '-fj\_2 ,7th, 2Sth. 29th and 30th 
 
 general was able to cable : 
 
 .. Negotiations with ihJ delegates closed satisfactorily." 
 
 To this Earl Granville replied ( i8th of May) : 
 
 '---•--"'7:-r.--:^^'c:s;rs::r^^^ 
 
 Kiver should be admitted into the union." 
 
 Some question has been raised as to whether, a.nong the de- 
 
 bomc quesno included any request for 
 
 HKtnds tnade by tl^e .cttlers t ^.^^^ ^^ ^.^^^^^ ^^^.^_ 
 
 .'^'rr.^a 
 
84: 
 
 Amcvlemi Oill'ulic Qicnirr!// Rcricir. 
 
 bill could he ]iro\-ed to be a forycrv'. In tlic first bill (DecL'nibcr, 
 1.S69) is the following : 
 
 "Tliat ;i ]i<iiliii'i of tlic piiljlic lands be aiipropriated to the liviielit uf schools, the 
 IniiMiii^ of liii(|i;es, ro.iils ami public liiiililiii^'^." 
 
 In the second bill (February, 1X70) is the fi)llo\vin;4 : 
 
 "'I'liat while the Northwest remains ;i territory the sum of $25,000 a year be appro, 
 priateil for schools, roails, bridges. That all the properties, rii^hls an 1 privilej;es, as 
 hitherto enioved by us, be respected, and that the reco„'nition and man ii;cnient of 
 local cu-lonw, usa,;;es and piivileL;es !)„• under the contrjl of the hjcal IcLjidature." 
 
 In the thiril bill (March, 187c) is the following: 
 
 "That all pro|ierlies, rights and privileges enjoyed liy the people of thi> province, 
 lip to the date of our entering into the Confederation.be re^pected ; and that the 
 arrangement and conlirniation of all cuslom-i, usages and privileges be left exclusively 
 tj the local leijidature." 
 
 In the foiirtli bill (March, 1870), is the following : 
 
 " That all properties, rights and privileges enjoyed by us up to this day be re- 
 spected; and that the recognition, and settlement of cu^touii, usages and privileges be 
 left exclusively to the decision of the local legislature. 
 
 " That the schools be separate, and that the public money for schools be distributed 
 among the dilferent religious denominations in prop irtioii t < their re-.|)ective pojnda- 
 tion according to the system of the Province of Ouebee." 
 
 To any iinprejiuliced mind all these bills of rights imply the 
 continuation of schools upon the denominational system. The 
 fourth one no doubt is the only one which prescribes the particu- 
 lar kind of denominational system which the settlers desire (" the 
 sy.stem of the Province of Quebec ' ) ; but the first two bills, asking 
 that land and money be appropriated for the support of schools, 
 clearly imply that the schools are to be denominational ; for no 
 one would have thought of demanding that if (^iib'.ic schorils were 
 established they were to be sustained by public grants. Hills two 
 and three also demand that all rights theretofore enjoyed should 
 be respected. Any one at all familiar with the great importance 
 attached by Canadians to their various views of educational mat- 
 ters, would not doubt that the rights which the settlers had en- 
 joyed witn reference to their schools were intended to be included 
 in this demand. 
 
 It is contended, on the one hand, that the Red River delegates, 
 who went to Ottawa to arrange terms of incorporation with Canada 
 took with them bill No. 3, and, on the other, that they took bill 
 No. 4. For the reason already given the solution of this question 
 seems to be quite immaterial, but if other reasons be reqin'red they 
 may easily be given : Whatever bill was taken it is clear that 
 
The School QwsHoii >i> .^f"»!'oli". 
 
 843 
 
 Cnn.d. did not accede to all the terms of it. An a-^^rcemeMt 
 SrlheSl was arrived at, and part of th. agreement was a. U.en 
 ..Heved .y ever, ... ^ i:!-^;!^:-^:::;::^ iJtl. 
 S;;:^^^^r^«tth;^fcre. is t,. important mat^r 
 r^'r ^heVest^n which of the .nC-iatin, jxu.^ s.^.-^^ 
 any particular term of it. It is qmte clear, the th ^.M^re 
 rh.ricter of the schools in Manitoba was a-rced to at Uic tmic o 
 ZTi^ l< t„e Ma„i,o,.a .,...:,„. ;f_^^^^ ^^ r,,! ', 
 hands that it was the intention of every one that M.mio.) i 
 Wclnstitutionally no power to establish a system of wluch the 
 «r>mrite schools system was not a fe:Uure. 
 
 Thte vTrs after Confederation, as I have said, Mamtoba be- 
 came ("'oTone of the Provinces of the Dominion. In the mean- 
 r 1 . "host had slipped his clumsy wrappmss. and m the 
 'Z.L cSf^SL'tuns^lcK was at his old ^isrupti,^ .ul^nve. 
 omin.^ work. In that province, as we have seen, there was no 
 s stem of separate schools reco.mized by law at the tnm- of the 
 
 and was y i j,^, j^ut permissions only, 
 
 upon statute, were evidently nor ri lus, i ,,,ore the 
 
 Once more the troublesome spirit disappeared Onee more 
 
 provinces, and made it read in this fashion: 
 
 ..In .na for .l.e province the said legislature m.y exelusively nr.Uc laws in rela- 
 
 ,. Nothin, in any such ^^^ f^^^^::^'^:^^^:^.. ^.yL or ,n,.u. 
 respect to .letiominalional schools, whicli any l 
 
 in the province at the Union. 
 
 At this time there were within the limits assigned to Manitoba 
 abott ,000 people, nearly ec^ually divided as jo religion - 
 twe n the Roman Catholic and Protestant churches. n spccu 
 \\ l\nL future of the prairie acquisition, Canadians had 
 
844 
 
 Aiiirrii-iiti f'lilliiifir Qii'irfirf^/ l!<''iiir. 
 
 there had hctii a lart^c annual cxodiis to llic eastern states of the 
 Union. If this stream could be diverted to the northwest, the ex- 
 pectation would almost certainl)' he realized. Til;-' provision just 
 ([uoted, therefore, was inserted for the benefit of those wh') niiyht 
 need its protection, ami not as has often jjeen said for the benefit of 
 Catholics alone. 
 
 At the fir-.t session of tlu Manitoba L.-gisIature (iS/i) a school 
 act w.is jjissed ])rovidin_^f for a system of schools suitalvle to the 
 existinj^ circumstances. It provided for a Board of Iv.Iuc.ition, ;uid 
 a ilivision of it, into two sections — Catholic and Protestant. The 
 board as a whole Iiad certain functions, but the chief part of the 
 work was to be transacted by the sections. The system was im- 
 proved from time to time, but always (until 1S9O) retained its 
 chief characteristic of Catholic and Protestant schools. The '^co- 
 graphical distribution of the people lent itself to the easy applica- 
 tion of this division, for the Iui,^lish and I'rench (save in the urban 
 communities) were very largely congregated in ilifferent parts of 
 the province. For nineteen years (until i8;^o) this happy state of 
 affairs continued almost without a murmur. All but the veriest 
 few were perfectly satisfied, ami congratulations were frecpiently 
 heard that divines who might, and simetimes did, preach against 
 one another in the pulpit, met, nevertheless, at the same education 
 board, at the openings and closings of schools and colleges, and 
 elsewhere, and applauded, in matters relating to education, the 
 efforts made by their pul[)it oj^ponents for the instruction of the 
 young. Almost up to the moment of the overthrow of this system 
 tlid the congratulations ami applause continue, and their cessation 
 was due, not to the people of M initoba, but to certain circum- 
 .stances which shall now be related. 
 
 The nineteen years just spoken of had witnessed great changes 
 in the province. The French exodus to the eastern states had 
 maintained its old direction, and absolutely refused to " go west." 
 F''rom Ontario, however, and from .Sweden, Icelan 1, Russia, etc , a 
 large emigration had arrived. The Catholics found themselves 
 reduced from 50 per cent., to not more than 1 5 per cent, of the 
 population. Their political influence, however, retained some of 
 its importance, for in the keen struggle between Liberal and Con- 
 .servative their vote might frequently turn the scale. In fact it did 
 in one very notable instance decide a most important election ; 
 which election decided the fate of an administration ; turned out 
 the Conservatives brought in the Liberals ; and led directly — to the 
 repeal of the separate school system ! The Catholic vote was, in 
 the most scandalous fashion possible, exploited and applied to the 
 overthrow and discomfiture of those whose franchises were sought 
 by politicians who swore themselves their friends. We hesitate to 
 
77" Srlmhl (jiK.iliiiii ill Mil il'iliilnl , 
 
 845 
 
 lay bare to foicij^'n eyes the utter meanness and clr;^ra(latinn of 
 some of our country'^i political leaders, but it is impossible to tell 
 of tlie Manitob.i sciiool case and omit .t. 
 
 For several years prior to the year iSSS (two \iars befo"- • the 
 school act we complain of) the Conservatives had been in office. 
 In January of that \ear, Mr. Hurke, the member for St. I'>ani;ois 
 Xavier, was asked to join the administration, and his acceptance 
 of office necessitated his re-election. The constituenc>- was pre- 
 dominantly French and Catholic. Mr. Hurke was of that nation- 
 ality and reji^'ion, ;md had at the previous election been elected 
 by acclamation. The Liberals although under susjiicion of being 
 antipathetic towards these classes determined to contest the elec- 
 tion, and nominated a Protestant l'',n;4lishman. Their success 
 seemed hopeless, and plainly had to be attained, if at all, by con- 
 vincing' the electorate that the suspicions were absolutely t;round- 
 less. To accomplish this the most solemn and public promi.ses 
 were made, and those who had been cultivating and spreading 
 the suspicions were denounced as .scandalous calnminators. Mr. 
 Joseph Martin the .strongest man in the Liberal party made two 
 speeches in the constituency, and tleclareil that if, when his party 
 came into power, it in any way attacked the separate schools, or 
 the use of the French language, Iw would leave ihc party forever. 
 The President of the Liberal Association for the province was 
 present at one of these meetings, and was appealeil to to confirm 
 Mr. Martin's assurance of the policy of the party. IW these 
 means Mr. Burke was beaten. Four days afterwards the admin- 
 istration resigned, and the Liberals with Mr. Greenway as I'remier, 
 and Mr. Joseph ^Lirtin as Attorney-General came into office. 
 Two years afterwards this same Mr. Joseph ^L^rtin introduced the 
 bill abolishing the Catholic schools ! 
 
 The facts just related are not denied. They were recently 
 proved by the declarations of the President of the Libcr.d Associ- 
 ation ; of the Liberal candidate at the election ; of the Liberal 
 organizer at the election ; of the Conservative candidate at the 
 election; and of six of the electors. All these testified that with- 
 out such promises the Liberals would infallibly have been beaten. 
 We say, again, these facts never have been, and are not, denied. 
 Since that time Mr. Jo.seph ^L-lrtin has been politically promoted, 
 and now as representative of the city of Winnipeg in the Commons 
 of Canada, is looked upon as one of the leaders of the Liberal 
 party in Canada I 
 
 The Liberals had thus obtained office, but to the exercise of 
 power two things were neces>ary: (i) to add strength to the ad- 
 ministration by inducing .some prominent Catholic to join it; and 
 (2) to carry a general election, and f jr that purpose to secure the 
 
s4(l 
 
 Aiiif.ri<'it)t I 'iilli'ilii' (^iiiirtiilii llii'iiir. 
 
 Catholic v<4c. The St. Franqois Xavicr plctl^'cs li.ul dune much 
 towarcK the removal of the Calliolic lircad of Liberal aiitipat'.iy. 
 Mr. Grctn^vay saw the importance of siipplaiitiii^r it altoL;ether 
 uitli a fec]in;j of tru^t and confidence. l'"or this purpose, accom- 
 panied by Mr. All nvay (a prominent Protestant su|)p<)rter), lie 
 called upon II!--* Grace, the Archbishoj) of St. Boniface, to repeat and 
 emphasize the Homier assurances, llis Grace was uiuvell. At his 
 reque>t Mr. Greenway made his communication tlirou^di Vicar- 
 General Wuzd, and intimated that he would be .^dad if II is Grace 
 would name -•".•me one u ho would be ,icce[)t.ibie to his people as 
 a member of the administration. The Vicar-General listened to 
 the assurances and ret [uest, and ai^rejtl to meet Mr. Greenway at 
 Mr. Alloway's office the ne.xt morninjj at nine o'clock. The 
 nieetinji look place, and the \'icar-General then informed Mr. 
 Greenway that IIis Grace was e.\tiemely {;ratilled with the pro- 
 te.-<tation.> of ^ood will made by Mr. (jreenway ; that he believed 
 that Mr. I'renderLjast enjoye^il the confidence of his people; ami 
 that inasmuch a» poUtics, ap.irt from defence of his flock, were 
 outside hi> sphere, no opposition wouUl be made to the Ljovern- 
 ment .'-o far as he was C(.)ncerned. Mr. Greenway was deliLjhtcd. 
 Mr. I'rendcr^ast joined the administration. The j^reiieral elections 
 came on. The Liberals were the Catholics' best friends. The 
 Greenway government was sustainoil by a sweeping majority, and 
 nowhere wa^ ihe success greater Mian in the Catholic constituen- 
 cies, fri'm which but one oppos' jii member was returr.eil. 
 
 We have now arrived at the month of July, iSSS. Mr. ALartin's 
 school act is to arrive in ^Llrch, 1890, bat we .seem to be further 
 away from it than ever ; The draughtsmen have taken care with 
 their "or practice" to make such an act imi.iossiblc ; the Con- 
 servatives in Manitoba have always been friendly towards the 
 Catholics; and now the Liberals, as to whose disposition there 
 had been >ome suspicion, have declared themselves also to be 
 their friends. The new friends too have an overwhelming ma- 
 jority; Mr. Prendergast is one of the administration, and there 
 will be no elections for the ne.xt four years. What can happen ? 
 
 To explain the sudden reversal in ^^anitoba the attention of the 
 reader must for a icw moments be directed to the Province of 
 Quebec. We have see.i that the Manitoba elections were held in 
 the month oi July, 18S8, and that Liberals then were vying with 
 Conservatives in expressions of good-will towards Catholics. In 
 Quebec, in the same month (oddly enough) was passed a statute 
 afterward> known as the Jesuits' Estate Act. The Jesuits iiad for 
 many years preferred a claim to certain lands which had at one 
 time belonged to their order. In .settlement of this claim the Leg- 
 islative Assembly of the Province of Quebec agreed to pay to them 
 
The Si'h'i'il Qiir.y/ion 1/1 Miiiiiliihii, 
 
 847 
 
 the sum of $4uo,ooo; but, inasnuicli as the jealousy of tlie Protes- 
 tants woiilil tlicicby be certainly aroused, the le^'islature at tlie 
 same time pros idetl that a sum of SC\j,ooD sliouUl be paid over to 
 the Protestant Committee of the Council of Piii)lic bistructiou, 
 whicii aniDunt (with a small incre.isc aflerwanls made) was to the 
 Jesuit ^rant, in tlie same proi)ortion as w.is the Protestant to the 
 Catholic population. This act was passed without a .. nlicnt 
 vote, and no Protestant member of the liouse ventured to ; '..ick it 
 upon the i^rounds afterwards so violently put forward. 
 
 Although the Pro\ ince of (Juebec was satisfied v , h the ict, a 
 few persons in the province of Ontario formed a soci^._,' which the\' 
 chose t' • '' " The Eipial Rights Association." In their cjr.sti- 
 tution they declared : 
 
 " That lliis convention ilc-irc-- to reconl ili conviction timt tlic in 'orjiorMiion of tlio 
 luMiits, .mil the pas^inj; of llu' ait res|iectin(; tlic seltlcmcnt of tliu jc^iiils' I'Ni.iU-, liy 
 tliL- Legislature of the Province of (Jueliec; the course of the (,'overiMiicnl ol the Do- 
 minion in leavinj; these acts to their operation; and linally the rejecti >n, I'V an im- 
 mense majority, of the resoUition moved in the House of Commons for the ili-allow- 
 .-mce of the hi^t-mentioned act, have hroiinht forcilOy homo to Canadians the eon- 
 trolling; iidluences which L'ltramontanisni has obtained aiii<in.;;st us, and the urgent 
 need of ort;nni/.in}; for tin; defence of our civil and religious liberties; and tliis meet- 
 ing of delegates elected from, and reimv-^enling all, parts of the I'roviiice of Ontario, 
 with the a'si^tance of reiiresentatives from other iirovinces, heartily approves of the 
 calling of tins convention for tlie furthering of tliis great i:m\." 
 
 The Dominion Government refused to disallow the act, and 
 forthwith, the " sleepy Protestants of Quebec " (as they were styled 
 by an Ontario enthusiast) prepared petitions by way of appeal to 
 the Governor-General. These were approved and fostered by 
 the Equal Rights Association, one of its resolutions declaring 
 that: 
 
 " This convention approves of the action of the Toronto Citizens' Committee and 
 oiliers, in circulating and promoting the petitions to his Excellency, the (lovernor- 
 Ceneral, against the Jesuits' Estate .\ct, and jjleilges itself to promote and further, in 
 every vvav, the sigiiature and presentation of petitions against the saiil act." 
 
 There being some doubt as to whether the Governor-Genera! 
 would entertain the appeal the associai ^n issued an address in 
 which was the following paragraph : 
 
 "The right of appeal to the Governor-General which minorities at present have 
 must remain; nay the entire Dominion is the proper guarantee for equality of di:aling 
 on the iian of the provinces with the adherents of the various churches, and nothing 
 beyond this sliouUl be sought." 
 
 The government determined to hear the petitions, and appointed 
 the 15th of October, 1889, for the argument. Meanwhile, how- 
 ever, the Quebec petitioners obtained some slight modification of 
 
m^ 
 
 848 
 
 [mcrirnn Oithollr QtiaytcfJij Bcrieir. 
 
 the act from the local legislature, and determined to drop further 
 opposition. This was a great disappointment to the (Ontario dis- 
 turbers of the peace of another province; but the Quebec Protes- 
 tants would go no further, and the agitation, and with it the asso- 
 ciation framed " for the defence of our civil and religious liberties," 
 came to an end. 
 
 But the evil it had done was not all buried with its bones. One 
 of its chief men, Mr. Dalton McCarthy (a lawyer of great ability, 
 untiring energy, unconquerable courage, and narrow horizon), 
 while the controversy was fiercely raging, ha])pcned to visit the 
 prairie province. Manitobans had been almost silent spectators 
 of the Jesuit Estate embroglio, but had no doubt been much in- 
 terested, and to some extent stirred, by it. In January, iS88, with 
 the help of Mr. Martin's .St. Francois Xavier promises, the Liberals 
 had attained power. In August, 1889, the same gentleman stood 
 upon a Manitoba platform while Mr. Dalton McCarthy spoke to 
 the following effect: 
 
 "There «as sometliiiit; for .1 ])olitici.in to live for; we have llie imwcr to save lliis 
 country from fratricidal strife, the power to iiial<u this a Ilriiish counlry in faet, as it 
 is in name. In onler to accomplish this, other issues inu-.t for the moment i;ive way. 
 We have got to hend our energies, and let it l>e understood in every constituency that 
 whether a man call himself (jrit or Tory, t'onservative or Reformer, his record is 
 clear, his pr'.nei|)les are souiul, and no inllueiice at < )tlawa will induce him to betray 
 his great tru>t. The speaker was glad to inform the meeting that the jioor sleepy 
 I'rotestant minority of (Quebec were at last awaUe. lie trusted before many weeks to 
 address a meeting in Montreal, and to realize that that minority is sound to the core 
 on this question. 'I'here is lite separate school i/iies/ion liort, wnA in the Xortliwest, 
 and there is the trench school ([uestion in Ontario; 7iv /hiTf all Ihc -iu<rl; to do in our 
 Viirioits locd/itiis ; Ut us do that first before we seek to traverse field-, before more 
 dirticully is to become encountered because vested rights have become solidi'ied.'' 
 
 Thus was the fire kindled which, within eight months, was to 
 sweep over the province of Manitoba, was to restilt in the School 
 Act of March; 1890, and was to terminate the friendly relations 
 which had obtained there for so many \ears between Catholics 
 and Protestants. 
 
 Mr. Martin's .School Act was passed in 1S90. It established 
 what are called (for the sake of concealing their character) public 
 and non-sectarian schools. All Catholic school property was 
 turned over to trustees, to be elected under the new act; am.! it was 
 providetl liiat no school which did not comply with the tequire- 
 ments of the statute, that is, that did not cease to be Catholic, was 
 to be deemed to be a public school, or be entitletl to an)- public 
 support. Even the Catholic organization was ended, and they 
 were not to be allowed so much as to t.TX themselves for the sup- 
 port of their own schools. A large sum of m :)ney on hand at the 
 time went along with their property. The provisions as to religit)n 
 were as follows : 
 
The School Question In Maniioha. 
 
 S4n 
 
 " Rcliyiiiw^ exercises in tlic jniljlic scliools shall l)e cdinliictcil ncconlini; in the i'ci;ii- 
 latioiis of llic advisory board, 'rho lime for such rolii;iiiiis exercises shall Ijc jii«t 
 before ihe closing hour in the afternoon. If. case the parent or guardian of any pupil 
 notifies the teacher lliat he does not wisli such i)upil to attend such reli:.;ious exercises, 
 then such pupil shall be dismissed before sucli religious exercises la!<e |ilace. Re- 
 ligious exercises shall lie held in a public school entirely at the o|)tion of Ihe school 
 trustees for the district; and upon receiving written authority from the trustees, it 
 shall be the duty of the teachers to hold such religious exercises. Tlie |)ublic schools 
 shall l)e entirely non-sectarian, and no religious exercises shall be allowed therein ex- 
 cept as aliove provided." 
 
 These clauses are due entifely to the power and influence Dfthe 
 Protestant clergy. Mr. Martin's avowed intention had been to 
 make the scliools entirely secular. When this was announced the 
 Protestant sects preachetl, protested, resolved, declaitned and 
 threatened so vigorously, voluminously and vengelully, that the 
 government had to draw back, and was compelled to m ike the 
 schools to suit the Protestants. The Catholics were numerically 
 too weak to affect the government's course, so the Protestants had 
 their way. 
 
 Protestant influence went further, and in the very teeth of the 
 act, which provided that "The public schools shall be entirely un- 
 sectarian," succeeded in having inserted among tlVe regulations the 
 following provision : 
 
 "To eslablisli the habit of right doing, instruction in moral principles must be 
 aceoniiianied by training in moral practices. The teacher's iiilluence and example, 
 current incidents, stories, memory gems, sentiments in ilic school lessons, examination 
 of motive.^ that promjit to action, didactic talUs, teaching the Ten Commandments, 
 etc., are means to be employeil." 
 
 If the teachers were all to be Catholic, this regtilation would, of 
 course, be, from our standpoint, unobjectionable. Protestants, 
 however, in that case would, if the provision was acted ui)on, take 
 to the bavonet. As the teachers in the vast majority of cases are 
 Protestant, it ought not to be (but is) wondered at that Catholics 
 decline to send-,thcir chiklren to what would be, in respect to the 
 teaching of religion and morality, mere Protestant Sunday-schools. 
 Among the subjects for study, too, is "History — (a) English — 
 Religious Movements — (Henry VTH. and Mary)" — a subject 
 which, in the hands of Protestant teachers, would inevitably be the 
 basis of some very pretty instruction for Catholic children. 
 
 Of the practical working of the act, one wants no stronger or 
 other testimony than that of its author, Mr. Joseph Martin, who, 
 in a letter to the Press (26th of Jime, if^f^S), said as follows: 
 
 "When I inlroiluce<l the school bill of 1S90, 1 iiointeil out that, in so far a- it pro- 
 vided for religious exercises in the schools, it was in my opinion defective. I ,un one 
 of those who deny the right of the state to interfere in any respect in matters of re- 
 ligion. I said then, and 1 still think, that the clause ol the iSgo Act, which provides 
 VUL. XX. — 54 
 
850 
 
 Amcrinm OtthoVc Qiinrtcrb/ Jicvirx), 
 
 for cevlnin rcli^icui-; exercist's, is m,isf nujiisl to the Roiiinn CalJioHis. If llic stntc is 
 to veciignize religion in its school legislation, such a recognition as is acceptalile to 
 Protestants only, and in fact only to a majority of I'rotesiants, is lo my mini/ rank 
 tyranny." 
 
 Sucli as it is, however, " rank tyranny" and all, the act has been 
 passed, the wrappings are evidently slipping, and the strength of 
 those little words "or practice" must be brought to the test. 
 Law)-ers are employed and are told that then; can be no doubt 
 what was meant by the provincial charter ; that those who nego- 
 tiated its terms are still living and will testify ; that if the language 
 be dubious, a reference to the Hansard debates, and the votes and 
 proceedings, will show what was intended by every one. Lawj-ers 
 answer that no inquiry into such matters can be permitted; that 
 such matters might be useful to laymen ; that lawyers, by their 
 rules, are prohibited from looking anywhere but at the statute 
 itself; that the rules must be maintained; and that that which is 
 plain and well known to evcr\'body else must remain obscure and 
 unknown to them. Justice, thus well blinded, proceetls to make 
 her award. Inferior Court says that the act is good, and within 
 the competence of the legislature. Superior Court says the same, 
 one-third of it (taking possibly a surreptitious look) dissenting. 
 Supreme Court says unanimously that the act is bad and ultra 
 vires, rights and piivileges enjoyed by practice at the time of the 
 union having been prejudicially affected. Sii]3remest Court (the 
 British Privy Council) says that they have not been affected, and 
 that the act is perfectly coinpetent— three rounds out of four, and 
 the victor)' to the St. Francois Xavier statute. 
 
 The wrappings are off, then, and the ghost again at large. As 
 for the new device, " or practice," it has proved to be completely 
 useless. .Sui)rcmest Court says as follows: 
 
 "Now, if til"? >!.ite of things which the Arclibishop describetl .is existing before 
 the nninn, h.id Ihlh a system cstablisliecl by law, what would have been the rights 
 and |irivili;.;i;s of ih ■ IxMinan Catholics with res|iect to denominational schools? They 
 would have hiil by law the right to e^lal)li^h >chools at their own expense, to main- 
 t.iin their schooN by school-fees or voliinl.uy contribuiions, and to conduct iheni in 
 accordance wilh their own religious tenets. Kvery other religious body which was 
 engaged in a similar work at the time of the union would have had precisely the 
 same right wilh respect to their denomhialional schools. Possibly, this right, if it had 
 been defined, or recognized by positive ennclnient, might have had attached to it as 
 a necessary or ,ippropriate incident, the right of exemption from any contribution, 
 under any circiMn^la.ices, to schools of a different denomination. lUil, in their Lord- 
 ships' opinion, it would be going much loo far to hold that the establishment of a 
 national vysiuiii of education, upon an un-eclarian basis, is inconsistent with the right 
 to set U|i and maml.iin denominational >chooK, that the two things cannot exist to- 
 gethcr, or, that the existence of one necessarily implies, or involves, immunity from 
 taxation for the purposes of the other. 
 
 ''Siuh being ■,lu' main provisions of the Public Sehocjl Act of iSoo, their Lord- 
 ship, have t" d.lianiine whether that .\et ptejudicially ali'ecis any right or privilege 
 
Thr Si'hniil Question in Jfilliilnllil. 
 
 Kr,i 
 
 i 
 
 Willi respect to (lenimiiiiatioiial selinols, which any class nf p;,TS(iiis h.i.l liy l:iw or 
 
 lii:\clicc ill till.' inoviiicc nt the union. Notwilhstaiulins,' the I'uhlic Scl 1 Act of 
 
 IiSgo, Uoiiian Catholics, and nieiiiln-is of every other reliijious liody in Manitolia, are 
 free to establish schools ihroii^'hoiit the province; they are free to iiiaiiitain tlieir 
 schools liy school-fees or voliinlary subscriptions; they are free to comhict their 
 schools accordini; to their own reli,;;ioHs tenets, without molestation or interference. 
 Xo child is compelled to attend a public school. Xo special advanta;.,'e, other than 
 the advantage of a free education in schools conducted under public inanngeinent, 
 is held out to tho>e who do atlend. liiit then, it is >;ud, that il i-, impossible for Ro- 
 man Catliolics, or for inembers of iheCluirch of ICnj^dand (if their views are correctly 
 represented by the IJisliop of Rupert's Land, wdio has j;iven evidence in l.ngan's 
 case) to send their children to public schools where the education is nut ^uperin- 
 tended and directed by the authorities of their church ; and that, therefore, Roniaii 
 Catholics and members of the Church of Kngland who are taxed for public scliools, 
 and at the same time feel themselves coni|jflled to support their own schools, are in 
 a le-s fav<iralile position than tliose who can lake advanlaije of the free education 
 ]iruvided by the Act of iSgo. 'I'liat inav be so. IJiit wdiat riLjIil or (jrivilc^L- is vio- 
 lated or prejudicially affected by the law? It is not the law that i- in fauil ; it i■^ 
 owiiii; to religious convictions, which everybody must respect, and lo the leieliint; of 
 their Church, ihal Roman Catholics and ihe members of tlie Church of ICn^'land liiid 
 themselves unable to partake of advantages which the law offers to all alike.'' 
 
 And when it is said that such an interpretation of tiic .Act loaves 
 it a nullity, and without possibility of application to anything, 
 Supreniest Court says that that cannot be helped: 
 
 " It has been objected, that if the rii.;hts of Roman Catholics, and of (jther relig- 
 ious bodies, in respect of their denoininational schools, are to be so ^trictlv inea-ured 
 and limited by the practice which actually prevailed at the time of the iiinoii, they 
 will be reduced to a condition of a ' natural right,' which does not want a:iv le.;i>la- 
 tion to protect it. Such a right, it was said, cannot be called a prisil^ _^,-, in the 
 proper .sense of the word. If that be so, the only result is, that the proteeiion which 
 the Act purports to extend to rights and privileges, existing ' by practice,' has no 
 more operation than the protection which it purp.irts to alford to rights ami privi- 
 leges existing by law. It can hardly be contemled that, in order to give a ^ub-taiitial 
 operation and effect to a saving clause, expressed in general terms, il is incumbent 
 ujion the court to discover [irivileges which are not ajiparent of them-elve-, or i'> de- 
 scribe distinctive and peculiar features to rights which seem Icj be of sucli a r .mnioii 
 type as not to deserve sjiecial notice or reipiire special [jroleclion.'' 
 
 The Act, then, is valid and constitutional. But the Catholics 
 have another shot in the locker. The charter of Manitoba has 
 these clau.ses, also : 
 
 " An appi'al shall lie lo the (iov^'rn ir-( I'lieral in Council from any act or decision 
 of the legi-lature of the I'rovince, or of any provincial authority, afl'ectiiig anv right 
 or privilege of Ihe Protestant or Roman Cailiolic ininoiity >•{' the <Hieen'~ -ubject^ in 
 relation to educatiim. 
 
 " In case any such provincial law,as, f.oin lime to time, svems to the ( lovernor- 
 Cieiieial in Council rei|iiisiie hir t)ic due execution of the |)rovisions of this soclioii i.s 
 nut made, or in case any decision of the ( iovernor-tleneral in Council, o.-. ,uiv .ippeal 
 under thi ■.'lion, is not duly executed b\ the |iioper provincial authorits m tb.it be- 
 half, then, ..nd in every such case, and as far only as the ciicuiiistance- of v.udi cise 
 m.iy rc'iiiire, the rarliameiit of Canada may make remedial law^ lor the due execii- 
 
852 
 
 Aiiicrioiiii C'llhiiJii' Qiiiirlcrhj Tlcrinr. 
 
 tion of ilii: provision-; nf iIi'h -^ucliDii, ami of nny iluci.-ion of tlic (ioveinor GciK-ral 
 in Council nnler tlii-. section." 
 
 A petition to the Governor-General in Council' is prepared, 
 si,t,niecl l.y 4267 Catholics, and forwarded to (Ottawa, praying for 
 the restoration of tlieir riijhts, and the modification of the statute. 
 The fTovernment, however, doubts its jurisdiction. Supremest 
 court has lield that no ris^lits and privileijos, enjoyed by the Catho- 
 lics at the union, have been prejudicially affected ; and if so, what 
 power has the [^^vernmcnt ? Catiiolics sutjrrest that if they can 
 no lonfjer urije their ante-union ri,i,dits accjuired by practice, they 
 can at least found their claim to relief upon their jjost-union rijihts, 
 acquired by the statutes of the province itself. Government does 
 not know, and refers the question to supreme court for advice. 
 .Supreme court (three out of five) advise that the i^ovcrnment has 
 no jurisdiction at all ; and can, in no way, interfere. Supremest 
 court advises that the government has ample jurisdiction, and 
 makes sundry directions as to what ought to be done. Here arc 
 some extracts from the judi;ment: 
 
 " The terms upon wliicli Manitob.i was to liccome a ]irovince of the Pominion were 
 ninllerof net;oli,uion between representatives of the I'lovince of Manitoba and of the 
 I Jouiinion (ioveinmenl.'' 
 
 " Those wlio were stipulating for the jirovisicjns of Section 22 as .a condition of 
 union, and those who 5;ave their legislative assent to the Act by which it was brought 
 about, had in view the |)erils then apiirehended." 
 
 " It was not iloubled that the object of tlie first sub-section of Section 22 was to 
 nfiford protection to denoniinational school>." 
 
 "There is no doubt either what the points of difference were, and it is in the light 
 of these that the 22(1 section of the Manitoba Act of iSyo, which was in truth a i)ar- 
 lianientary compact, must be read." 
 
 " 'l"!ie sole ipiestion to be deleiniined i- whether a riglit or jirivilege which the Ro- 
 man Catholic minority previously enjoyed has been affected by the legislation of 1S90. 
 Their Lordshijis are unable to see how this cpicstion can receive any but an affirma- 
 tive answer." 
 
 '■ Hearing in mind the circumstances which e\i>teil in I.S70, it does not appear to 
 their l.oid.-hips an extravagiint notion that in creating a legislature for the province 
 with limited powers, it should have been thought expedient in case cither Catholics or 
 I'rotestants liecanie preponderant, and rights which had come into existen:?e under dif- 
 fereiu circumstances were interfered with, to give the Oominion I'arliainent power to 
 legislate upon in.atters of education, so far as was necessary to protect the I'rotestant 
 or Catholic minority as the case might be." 
 
 " Their l.ordslii|.shave decideil that the ( H)Vernor.( leneral has jurisdiction, and tliat 
 the njipeal is well founiled, but the |iarticular course to be pursued must be determined 
 bv the authoriliesto whom it has been committed by statute. It is not for tliisiriliunal 
 to intimate the precise steps to be taken. Their general character is sufficiently ile- 
 lined bv the tliird sub secti(Ui of Section 22 of the Maiiitoba Act," 
 
 "All legitimate ground of complaii:'. would be removed if that sy-foni (the sysium 
 of 1890), were supplemented by provi-ious which would remove the grievance upon 
 
 ' In Canada the phrase (.Kivernort ieneral in Council re. illy means the government 
 of the dav. 
 
77/r ^rl//,l (ji,if.-i;, 
 
 Mllliilillld. 
 
 8.') 3 
 
 wliicli the niipcal is f.miidc;!, an.;! *»*« mw.fl'it'ie. I <o f.u as mit;lu lie nccc"a"y to give 
 elTcct ti> these |iiovisiuii.-." 
 
 Four and a half year-s of Iftii^'afion and at last \vc know the 
 meaning of a few Kn;^h''5jji sirnstensces in the Manitoba cliarter. We 
 know that the matter Jias h«:smnc om: of p-ilitics, and tliat as it in- 
 volves the separate sclioo!! ^no^fi(yn, the times for politicians have 
 thrown stormy and dark— ?(CT«ify>its from every quarter, and lee 
 shores on every side; OAihtMcA In this constituency, Oranfjetiien 
 in that, and medleys tn'wywEn^e else in all proportions; resolu- 
 tions, petitions, \yjim\MiA'6 awl sermons ; political barometers and 
 Christianity go'wvr dcjvvn ; j*-,(l!5t(r?»l timbrellas and all uncharitable- 
 ness <;oing up; what is g'wefntin'jnt to do ? 
 
 Fully to appreciate the jj^-y/c^rnment's difficulty a ^cw words 
 must be devoted to a \>tc,'.i'Aif fetturc of the Canadian constitution 
 — the power of disalKjw.mc^, Ifk the United States the Federal 
 authorities have nothin;^ mmn in do with State lerjislation than 
 with the municipal aff;iiir>i <>|f |ltvev(t[ac,'cs. If State lei^islation be 
 ii//ia vires the law courts wiijlll ^^ hold ; but if it be infra '•ires " it 
 i,roes.'' It is different j« C^JVief.^, There every act of a local leg- 
 islature may within one y'i.w,h-t disallowed by the Goveritor-Gene- 
 ral in Council — that is, by Ih.'r Feckral Government of the day. In 
 the earlier days of confe<kir,:iittiii'>fl this power of disallowance was 
 exercised somewhat freely,, siuJ r,/vnsequently became obnoxious to 
 each province in turn, as liit^ isr^J-itation fell to be disallowed. For 
 several years the railway k;jii^Ia!tiion f)f Manitoba had been rigor- 
 ously overruled, in the imnrft^t fy( the Canadian Pacific Railway, 
 and plainly to the financia!! Klciifiiment of the province. This mis- 
 taken use of the disal' ^wamavjyioiwer had the natural effect of arous- 
 )g popular objection to thv power itself, and to arr;iy the general 
 mind upon the side of '•' Vf«mncM Rights." i:)ominion govcrn- 
 ment.s had therefjre grown cftary of exercising a power so un- 
 popular, and latterly it im4 ftfllen into complete disfavor, and 
 almost complete disuse in (CAv;s in which popular sympathy 
 would be aroused. Tiw ilymmnn government had been a:^ked to 
 disallow the very Schfxjl Aa wtuch we are discussing, but had re- 
 fused to do so, although kwmpi^lnly a breach of the spirit, if not 
 of the letter, of the <:onmimi'm. The cry of " Provincial Ri;4hts," 
 to the undiscriininating jjjijwi<|l, 9^f:mcj\ to apply as well to a case of 
 disallowance of provinciaii kf^Wation by the I3oinim'on Govern- 
 ment, as to a case in v\])i<.3j an appeal lay through the initiative of 
 the Dominion Governns-ttiH, U» the Dominion Parliament. The 
 difference is, of course, vvry fi<rc,M. In the one case the executi\e 
 at Ottawa sits in jud^iiK-itrt,. wjt.tjout benefit of dcb.ate, upon pro- 
 vincial legislation. In lljc fdh:r, it is the representatives of the 
 people of the whole Dumimm^thut sit to discuss and determine 
 
.s:)4 
 
 llllCl'K'l 
 
 III CiilJiiiVic Qiidrtrrhj lin'iiH'. 
 
 an appeal from the representatives of the people of a siiv^Ie ])ro\'- 
 inee. The provision sceins to have nuicii to reconimend it, if it 
 be, as it is, eoiifmecl to cases in whicli racial or religious questions 
 ina)- arise. At all events it was, as we have seen, much thought 
 of and appealed to by Protestants, when the Catholic Province of 
 (Jucbec passed the Jesuits' Estate Act. It became in their eyes an 
 odious instrument of o[)presMion only when applied to the relief of 
 the Prnlc^tants in Manitoba. 
 
 The Dominion Government then had to face the ficts ( i ) that 
 Manitoba in passing the School Act has acted within her jurisdic- 
 tion ; (j) that the Catholics are in the Dominion but a minority; 
 (3) that interference with "provincial rii,dus " is unpojiular, and 
 especially so in Manitoba; and (4) that many of the j,'overnment's 
 own suj^porters will undoubteilly refuse to f )llow it in any attempt 
 to intuifere. Upon the other iiand, the government sees that, al- 
 though the Catholics are in the minority, they are more compact 
 than is the majority; that the Catholics in defence of their re- 
 lij^ion will in large numbers forsake, for the time, their political 
 allegiance and \ote as the occasion may re(|uire. liut ai)ove and 
 beyond that, as we shall trust, it sees that Canada's hoj)e for the 
 future lies not in discord and disorder but in that unity which can 
 only be maintained, in mixed populations, b\- a large-minded s|)irit 
 of fair play, mutual concession and a generous respect for the 
 opinions ;ind sentiments of their fellow-countrymen. 
 
 The goxerninent, meanwhile, has been prevoyant and fore- 
 hantled. It has entleavored to disarm attack by an exhibition of 
 respect and tendeiness for pro\incial feeling. On the 26th of 
 July, 1S94, it passed an ortler-in council which, after reciting the 
 petition of the Catholics, declared as follows : 
 
 " 'I'hi.- C'lininittoc lifi; to ol)^crvL■ to your lxclUliicv thai tlif stitoiiiciit-. which arc 
 contained in thi^ nijnioiial are matter of ileej) concern ami solicitude in the interests 
 of llic Doniinicjn at hir^e, and tliat it is a matter ol" ihe utmost importance to tlie 
 |>eo|.le of t au.ida that the laws which prevail in any portion of the Uoniinion shoiiUl 
 not he such a» t > oeca^ion complaint of oppression or injustice to any cla-.s or por'.ion 
 of the ]ieople, but should be reco^ni/.eil as e'>lablishin_; perfect freedom ami e piality, 
 especially m all nialters relating; to relij^ion and religions belief and practice; and 
 the committee, therefore, humbly advise that your excellency may join with them in 
 cxprcssiiij; the m ist earnest hope that the Legislature ol Mmitolia, and of the north- 
 we»t territories respei tfully may taUe into consideration, at the earliest possible itio- 
 nieiit, ihe complaints which arc set forth in this petition, and which are said to create 
 dissatisfaction among Roman Catholics, not only in Manit iba and the northwest ter- 
 ritories, but likewise throughout Canada, an. I may take speedy measures to give re- 
 dress in all the inalteis in relation to which any well founded complaint or grievance 
 be ascertained to exist." 
 
 i 
 
 To tliis order-in-council the Manitoba Government made reply 
 (20th October, 1894), among other things declaring: 
 
The School Qiirsllon in ManUohn. 
 
 8.').') 
 
 reply 
 
 "Tlic questions wliicli arc raised liy tlic report iiiiilcr consideration liave lieen tlie 
 subject of nio-t voliimiiiovis disciis^iuii in tlie Legislature of Manitolia dnrinj; tlie past 
 fonr vears. All of llie st.itenienis made in tlie memorial addres-,ed to liis excellency 
 the (iovcrnor-General and many others have lieen repeatedly made to and considered 
 by llie le^islaliire. That body has advisedly enacted educational legislation which 
 gives to every citizen equal rights and (M|nal privileges and makes no distinction re- 
 s])ecting nationality and religion. After a harassing legal contest the higliest cmirt 
 in the liriiish dominion lias decided that the legislature in enacting the law of l8ijo 
 was within its constitutional powers and that the subject of education is mie com- 
 mitted to the charge of the provincial legislature. Under these circumstances the ex- 
 ecutive of the province sees no reason for recommending the legislature to alter the 
 principles of the legislation complained of. It has been made clear that there is no 
 grievance, except it be a grievance that the legislature refuses to subsldi/.e particular 
 creeds out of the public funds, and the legislature can hardly be held to be re^iion 
 sible for the fact that iheir refusal to violate what seems to be a sound and ju^t prin- 
 ciple of government creates in the words of the report dissatisfaction amon;'st Roman 
 Catholics, not only in Manitoba and the northwest territories but liUewi^e throughout 
 
 Canada The government and legislative assembly would unitedly resist by 
 
 every constitutional means any such attempt to interfere with their provincial au- 
 tonomy." 
 
 The legislative Assembly at its next meeting approved of the 
 following clause in the "Speech from the Throne" (somewhat 
 equivalent to the Governor's message) : 
 
 " Hy the judgment of the Judicial Committee of the Privy Council, recently pro- 
 nounced on an appeal from the Supreme Court of Canada, it has be.-n held that an 
 appeal lies to the Governor-deneral in Council, on behalf of the minority of this 
 province, inasmuch as certain rights or privileges given by prior provincial legislation 
 to the minority in educational matters had been affected by the Tublie School Act of 
 1.S90; and that therefore the (iovernor-deneral in Council has power to maUe reme- 
 dial orders in respect thereto. Whether or iiot a demand will be made by the Federal 
 Government that the act shall be modihed is not yet known to my government. liut 
 it is not the intention of my government in any way to recede from its determination 
 to ujihold the present public school system, which if left to its own operation would, 
 in all probability, soon become universal throughout the province." 
 
 Later in the session it adopted the following resolution : 
 
 "While this House loyally submits itself to the provisions of the constitution as 
 interprets by the Jinlicial Committee of Her Majesty's Council, it is hereby resolved 
 th.at the exercise of a|ipellate jurisdiction liy the Governor-General in Council, in such 
 way as to lead thereafter to the alteration of the jirinciples upon which the public 
 school system of Manitoba is founded, will be viewed with great apprehension ; that 
 inlerferencc by the Federal authority with the educational policy of llie province is 
 contrary to the rccogni/.ed iirinciples of provincial economy; that this House will, by 
 all constitutional means, and to the utmost extent of its power, resist any steps which 
 may be taken to attack the school system established by the Pulilic School Act of 1890 
 which is believed to be conceived and administered in the highest and best interest 
 of the whole population of the province of Manitoba." 
 
 Notwithstanding this defiant attitude, the Dominion Government 
 (its jurisdiction having now been well established), appointed a day 
 for the hearing of coun.sel for the Catholic minority, in support of 
 their petition of appeal, and of counsel for the Manitoba Govern- 
 
T 
 
 8r)G 
 
 American Catholic Qnrnirrii/ lirricir. 
 
 nicnt. TIic ar^nimcnt lasted four days, and on the ujtli March the 
 Dominion Government ^ave its judgment by passing an order-in- 
 council, tiic pith of which is to be found in the f iliowing sen- 
 tences : 
 
 "The cunimiltee, tliercforo, rcCDmiiieinl lli.it (lie siitl ap[iL':il !)l' allov/eil, and lliat 
 Your Kxci'lluiKV in Council ilo adjudj^e and decide that l)y the two acN passed by the 
 Lef;i-.lat\iie of the Province of Manitoba on the l>t ilay May, iSijo, enlillcd respec- 
 tively 'An Act respettirif; the Department of Ivlucalion,' and 'An Act respecting the 
 I'ulilic Schools,' the ri^jlits and privile^^es of the Roman Cnth(jlic minority of the said 
 ])rovince, in relation to education, prior to the 1st day of May. IcSyo, have been allected 
 by deprivin;^' the RoUian Catholic minority of the follottinj; riL;ht> and privileges which, 
 previon- to ami until the 1st day of .May, 1S90, s\ich minority had, viz.; 
 
 ((/) "'('he right to build, maintain, ei|uip, manage, Comluct and support Roman 
 Catholic schools, in the manner |>rovided for by tlie said statutes, which were re- 
 pealed by the two .Xcts of 1S90 aforesaid. 
 
 {Ii) " The right to share proportionately in any grant made out of the |>ublic fund 
 for the purposes of education. 
 
 (<•) "The right of exemption, of such Roman Catholics as contribute to Roman 
 Catholic sclicKils, from all ])ayment or contribution to the snjiport of any other school. 
 
 " .\nd the committee also recommend that \'onr Excellency in Council do further 
 declare and ilecide that, Uit the due execution of the provi-ion^ of Section 22 of ' The 
 Manitoiia Act,' it seems reiiuisite that the system of education embodied in the two 
 Acts of 1S90 aforesaid, should be supplemented by a Provincial .\ct or Acts, which 
 would restore to the Roman Catholic minority the said rights and privileges, of which 
 such minoriiy has been so deprived as aforesaid, and which would modify the said 
 -Acts of 1^90, so far and so far only, as may be necessary to give effect to the pro- 
 visions re^tering the rights and privileges in paragraphs (1;), (/') aiul (i) hereinbefore 
 mentiiMied. 
 
 " Tlie committee further and for the reasons hereinbefore slated recommend that 
 if Your Kscellency in Council should be ])lea^ed to approve of this report. Your Ex- 
 cellency m Council do make an order in the premises in the form and to the elVect as 
 set forth hereunto submitted." 
 
 Tlie order referred to in the last sentence was passed (21st 
 March). It is generally known as the " Remedial Order." It 
 recites the order-in-council just quoted ; makes the declaration 
 contained in it; and requires "all persons whom it may concern 
 to take notice and govern themselves accordingly." 
 
 The local Legislature replied with a resolution (June), in which 
 it is .said : 
 
 "We are therefore compelled to respectfully siatc to Your Kxcellency in Council 
 that we cannot accept the responsibility of carrying into effect the terms of the Re- 
 medial Order." 
 
 Much objection was made to the Remedial Order. Not merely 
 was the whole proceeding obnoxious to very many ; but to the 
 scope of the remedy suggested, and to the phraseology of the 
 document was violent opposition offered ; and it was, and has been, 
 absolutely impossible to remove the misapprehension upon which 
 almost all such opposition is ba.sed. P^or the chief misconception, 
 
T 
 
 The School QitcatUin in ^lnnituhd. 
 
 857 
 
 the Manitoba charter is itself largely to blame. It says that, " An 
 appeal shall lie to the Governor-General in Council." Tiic appeal 
 is in reality not to the Governor-General, but to the Parliament of 
 Canada. The only function i)crformed by the Governor-Cjcneral 
 is the preliminary one of deciding whether or not, in aii\- particu- 
 lar case, a religious minority is to be permitted to appeal to l'<irlia- 
 nient. If this be true it would be altogether improper for the 
 Governor- General, in granting leave to appeal, to limit the peti- 
 tioners as to the extent of the relief that they were to ask, and in 
 consequence to limit the jurisdiction of Parliament when dealing 
 with the subject. The Governor-General then was right in per 
 mitting the petitioners to carry to Parliament their whole claim. 
 To the objection that the phraseology was uimecessaril}' harsh 
 and overbearing, it is sufficient to say that it follows the language 
 of the statutes, and that if it had not done so it would not have 
 been effectual for the purpose intended. In order that the P'ederal 
 Parliament may acquire jurisdiction there must have been a formal 
 and precise declaration of the Governor-General and a refu.sal by 
 the Local Legislature to comply. 
 
 The Dominion Parliament was in session when the resolution 
 containing the refusal of the Legislature reached Ottawa. The 
 steps necessary to give to Parliament jurisdiction to restore to the 
 Manitoba Catholics the rights and privileges taken away from 
 them had now been completed, and it remained merely to intro- 
 duce the bill and, if possible, to pass it. At this point the govern- 
 ment hesitated. It was found impossible to remove the ]jrejudice 
 aroused by the form and phraseology of the Remedial CJrder. 
 Many who either knew, or should have known better, declared 
 that it was tyrannous, and should be superseded by something 
 more conciliatory. Even many of the friends of the Catholics 
 were misled in this way. The session, too, was far advanced, and 
 the preparation and passage of a lengthy school act woidd neces- 
 sitate a tedious prolongation of work to men already exhausted 
 by the labors and heat of the summer. Among the members of 
 the government, also, there was much difference of opinion. Some 
 of the Catholic members insisted upon the immediate introduction 
 of legislation. Some of the Protestant members were rigic'ly op- 
 posed to hasty action. Three Catholic ministers resigned in con- 
 sequence of the disagreement, but two of them afterwards re- 
 turned, and the government policy was announced as follows : 
 
 "Though llicre may be ililTcionces of opinion as to the exact nuaiiini,' of tlie reply 
 in question, tlie government believes that it may bo interpreted as iMJiling out some 
 hope of an amicable settlement of the Manitoba school ((uestion on the basis of pos- 
 sible action by tlie Manitoba Government and legislature; and the Oominion Govern, 
 ment is unwilling to take any action which can be interpreted as forestalling or pre- 
 
858 
 
 Aiacrwdu OitliuUv Qanrlirlu Itcrictc. 
 
 clii'liiifj such a (It'^iialile CdnMininialiou. TIic f;ovi-riini(;nt hns also considered llie 
 (lilTiculties til l)e mcl with in |n\|);iiiiin and perfcLtin^; Ic^ishilion on so iniportanl and 
 intricate a inusllon during the hi«t hmirs of the session. The j;overnnienl lias, there- 
 fore, decided not to ask rarlianieiit to deal with remeilial le^jislation diirinj; the 
 present sessiuii. A ciminutiiication will he sent innne<li.itely to the Manitoha liovcrn- 
 inent on the s.il '■ ', with a view to ascertaininj; whether that noveriimeni is disposed 
 trj ni.ike a ^elihiiRnl of the i|iiestion which will be reasonalily satisfactory to the mi- 
 nority ol ih,\l province, without inaliin^ it nect-siry to call into recpiisilion liie powers 
 of the I ).iniinion larlianienl. A session of the present I'.irli.unriit will he called 
 together to meet M(Pt latir than the l>t 'I'hur^day of January next. If liy thai time the 
 Manilolia (iovernnient fails to niaKe a satisfactory arran;4cnient to remedy the (;riev- 
 aiice of the minority, the I)i>niinion (ioveriniieiit will he prepared at the ncM session 
 of Parliament to he called, as aliove staled, to introduce and press to a conclusion 
 such legislation as will alTord an adequate measure of relief to the said minority, 
 based upon tin- lines of the judj^ment of the Privy Council and the remedial order of 
 the 2l.st of March, 1.S95." 
 
 A few days after tliis announcement, Mr. D.ilton McCarthy 
 moved : " Tliat all the words after ' That ' be left out, and the fol- 
 lowinij inserted instead thereof: 
 
 "This House has heard with ret;ret the statements recently made delinint; the 
 policy of the government respecting the Manitoba school ipiestion, and is unwilling 
 by silence to allow it to be assunie^l that, at the session to be held in January next, 
 any more than at the present session, it is prepared to pass a law to restore the system 
 of separate schools in Manitoba on the lines of the remedial order of the 21st of 
 March, 1895." 
 
 Tiie debate wliich ensued was confined almost exclusively to the 
 members upon the <(overnment side of the House, and the difficul- 
 ties to be encountered became manifest as some of the best men 
 in that party announced that they uoitld be unable to support the 
 fjovernment's proposition if made at the ensuin^jj session. Almost 
 everybody, however, was agreed that, as one member put it, " It 
 is time enough to say good morning to His Majesty when you 
 meet him," and that the troublesome cjuestion should be postponed 
 until January. Mr. McCarthy was unable to get sufficient support 
 to call ff)r a division. 
 
 This brings the history of the Manitoba school case down to 
 the present time. It is to be hoped that the Provincial Government 
 will, during the interval, agree to remedy the grievances. If it do 
 not, there can be little doubt that remedial legislation will be pa.ssed 
 at the next session of the Federal Parliament. This may, and no 
 doubt will, lead to further litigation, but the stronger hand of the 
 Dominion must prevail, and justice .and right, so long delayed, be 
 awarded to the Roman Catholic minority in the province of Mani- 
 toba. The ghost must down atrain. 
 
 WiNNirw;, MAMioiiA. 
 
 John S. Ewart, Q. C.