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I tY The distribution and appropriation of the " church lands" in Upper Canada is now under the consideration of parliament, and as it is our duty to make the public fully acquainted with the facts of every case of colonial interest, so that our readers may be enabled to understand the true position of any colonial question, we proceed to state the leading details of this important subject. On the final conquest of Canada by England from the French, in 1759, a strenuous effort was made by the French commander to pro- cure the concession by England of the rights, privileges, lands, and sequencies held by the Roman Catholic Church in Canada previous to the British conquest. This concession was made as regards the lower province, but it was expressly enacted, that " It should be lawful for his Majesty, his heirs or successors, to make such provision out of the rest of the said accustomed dues and rights, for the encouragement of the Protestant religion, and for the maintenance and support of a Protestant clergy, within the said province, as should, from time to time, be thought necessary and expedient." [By this clause it is evi- dent, that means may hereafter be found for the maintenance of a Protestant clergy in the lower province.] After the separation of the United States from England, a large number of loyalists quitted their native homes, and sought peace and an abode under a monarchy in Canada. In consequence partly of their increasing numbers, it was resolved to divide Canada into two provinces, and an act of parliament was passed for the purpose, accord- ing to his majesty's message, in 1791. The following are the clauses of the Act, 31 George III. c. 31, which refer to the church establish- ment : — " 35. And ivhereas, by the aV)ove-mentioned Act, passed in the fourteenth year of the reign of his jjresent Majesty, it was declared. That the clergy of the Church of Rome, in the province of Quebec, might hold, receive, and enjoy their accus- tomed dues and rights, with respect to such persons only as should profess the said religion : Provided nevertheless, that it should be lawful for his Majesty, his heirs or successors, to make such provision out of the rest of the said accustomed dues and rights, for the encouragement of the Protestant religion, and for the maintenance and support of a Protestant clergy within the said province, as he or they should from time to time think necessary and expedient ; And whereas by his Majesty's royal instructions, given under his Majesty's royal sign-manual on the third day of January, in the year of our Lord one thousand seven hundred and seventy-five, to Guy Carleton, Esquire, now Lord Dorchester, at that time his o2 188 CIIUKCII LANDS IN UPPEK CANADA. Majesty's captain-general and govenior-in-cliief in and over liis Majesty's provinee of Quebec, his Majesty was pleased, amongst other tilings, to direct, ' That no incumbent ])rofessing the said religion of the Church of Rome, appointed to any parish in the said province, should be entitled to receive any tithes for lands or possessions occupied by a Protestant, but that such tithes shoidd be received by such persons as the said Guy Carleton should appoint, and should be reserved in the hands of his Majesty's receiver-general of the said province, for the supjjort of ii Protestant clergy in his Majesty's said province, to be actually resident within the same, and not otherwise, acx'ording to such directions as the said Guy Carle- ton, Esquire, his Majesty's captain-general and governor-in-chief in and over his Majesty's said province, should receive from his Majesty in <^hat beiialf ; and that in like manner all growing rents and profits of a vacant beneiice sliould, during during such vacancy, be reserved for and apjilied to the like uses." Avr! wlie/rns his Majesty's pleasure has likewise been signified to the same effect in his Majesty's royal instructions, given in like maimer to Sir Frederick Haldiman;], and also to the said Right Hon. Guy Lord Dorchester, Be it enacted ht/ the mithoritji aforesaid, that the said declaration and provision contained in the said above men- tioned act, and also the said provision so made by his Majesty in consequence thereof. by hia instructions before recited, shall remain and continue to be of full force and effect in each of the said two jirovinces of Upper Canada and Lower Canada respectively, except in so far as the said declaration or provisions respectively, or any part thereof, shall be expressly varied or repealed by any act or acts which may be passed by the legislative council and arsembly of the said provinces respectively, and; assented to by his Majesty, his heirs or successors, under the restriction hereinafter provided. " 36. And ivhereas his Majesty has been graciously pleased, by message to both Houses of Parliament, to express his royal desire to be enabled to make a perma- nent appropriation of lands in the said provinces, for the support and maintenance of a ProtestKnf clergy within the same, in jiroportion to such lands as have been already granted within the same by his Majesty: And whereas his Majesty has been graciously pleased, by his said message, further to signify his royal desire that such provision may be made, with respect to all future grants of land within the said provinces respectively, as may best conduce to the due and sufficient su])])ort and maintenance of a Protestant (tlergy within the said provinces, in proj)ortion to such increase as may happen in the population and cultivation thereof: therefore, for the purpose of more effectually fulfilling his Majesty's gracious intentions, as aforesaid, and (f providing fur the due execution of the same in all time to come — lie it enacted b;/ the author' y aforesaid, That it shall and may be lawful for his Majesty, his heirs or successors, to authorize the governor or lieutenant-governor of each of the said provinces respectively, or the person administering the government therein, to make, from and out of the lands of the crown within suc'h jjrovinces, such allotment and ap])ropriation of lands, for the support and maintenance of a Protestant clergy within the same, as may bear a due proportion to the amount of such lands within the same as have at any time been granted by or under the authority of his Majesty: and that wlienever any grant of lands witliin either of the said provinces shall hereafter be made, by or under the authority of his Majesty, his heirs or successors, there shall at the same time be made, in respect of the same, a proportionable allotment and apj)ropriation of lands for the above mentioned purpose, within the township or parish to which such lands so to be '^■-i;^--. - 1. V* '-vf~. CHUKCII LANDS IN UPl'Ell CANADA. 189 granted shall iii)iH'rtiiiii or be aniiexi-d, or hs nearly adjacent thereto as circum- stances will admit ; and that no such grants shall be valid or efi'ectual unless the same shall contain a specification of the lands so allotted and appropriated, in respect of the lands to be thereby granted ; and that such lands, so allotted and appropriated, shall be, as nearly as the circumstances and nature of the case will admit, of the like quality as the lands in resjject of which the same are so allotted and appropriated, and shall be, as nearly as the same can be estimated at the time of making such grant, equal in value to the seventh part of the lands so gninted. " 37. And be it further enacted by the authoriti/ aforesaid, That all and every the rents, profits, or emoluments, which may at any time arise from such lands, so allotted and appropriated as aforesaid, shall be ai)i)licable solely to the maintenance and support of a Protestant clergy, within the province in which the same shall be situated, and to no other use or purpose whatever. " 38. Ajui he it further enacted bif the authority aforesaid, That it shall and may be lawful for his Majesty, his heirs or successors, to authorize the governor or lieutenant-governor of each of the said provinces respectively, or the person administenng the government therein from time to time, with the advice of such executive council as shall have been appointed by his Majesty, his heirs or suc- cessors, within sur:h province, for the affairs thereof, to constitute and erect, within ever;/ township or parish which now is or hereafter mmj be formed, constituted, or erected, within such province, one or more parsonage or rectoiy, or parsonages or rectories, according to the establishment of the Church of England; and from time time, by an instrument mider the great seal of such province, to endow every such parsonage, or rectory, with so much or such a part of the lands so allotted and a])propriated as aforesaid, in respect of any lands within such township or parish which shall have been granted subsequent to the commencement of this act, or of such lands as may have l)een allotted and ajjpropriated for the same purpose, by or in virtue of any instruction which may be given by his Majesty, in resjjcct of any lands granted by his Majesty before the commencement of this act, as such governor, lieutenant-governor, or person administering the government, shall, with the advice of the said executive council, judge to be expedient under the then existing circumstances of such township or parish. •' 39. And be it further enacted by the authority aforesaid. That it shall and may be lawful for his Majesty, his heirs or successors, to authorize the governor, lieu- tenant-governor, or person administering the government of each of the said provinces respectively, to present to every such parsonage or rectory, an incumbent or minister of the Church of England, who shall have been duly ordained according to the rites of the said church, and to supply, from time to time, such vacancies as may happen therein ; and that every person so presented to any such parsonage or rectory, shall hold or enjoy the same, and all rights, profits, and emoluments thereunto belonging or granted, as fully and amply, and in the same manner, and on the same terms and conditions, and lia'ole to the performance of the same duties, as the incumbent of a parsonage or rectory in England. " 40. Provided always, and. he it further enacted by the authority aforesaid. That every such presentation of an incumbent or minister to any such parsonage or rectory, and also the enjoyment of any such parsonage or rectory, and of the rights, profits, and emoluments thereof, by any such incumbent or minister, shall be subject and liable to all rights of institution, and all other spiritual and eccle- siastical jurisdiction ami authority, whiih have been lawfully granted by his lyo CHURCH LANDS IN UPPER CANADA. Mujcsty'H royiil letters patent to the Bishop of Nova Scotia, or which may herr* after, by Iuh Maji'Hty's royal authority, be lawfully granted or appointed to be adniiniHtered and executed within the said provinces, or either of them respect- ively, by the said Bishop of Nova Scotia, or by any other person or persons, according to the laws and canons of the Church of England, which are lawfully made and received in Kngland. "41. Provided always, and be it further enacted by the authority aforesaid, That the several provisions hereinbefore contained, respecting the allotment and appro- jjriution of lunds for the support of a Protestant clergy within the said provinces, and also respecting the constituting, erecting, and endowing parsonages or rec- tories within the said provinces ; and also respecting the presentation of incum- bents or ministers to the same ; and also respecting the manner in which such incunibiwits or ministers shall hold and enjoy the same, shall be subject to be varied or repealed by any express provisions for that purpose, contained in any act or acts wliicli may be passed by the legislative council and assembly of the said provirKH's resjiectively, and assented to by his Majesty, his heirs or successors, under the restriction hereinafter provided. " 42. Provided, nvvcrthdess, and he it further enacted by the authority aforesaid. That wlienevcr any act or acts shall be passed by the legislative council and assembly ol" (Mtlier of the said provinces, containing any provisions to vary or repeal the above recited declaration and provisions contained in the said act passed in the fourteenth year of the reign of his j)resent Majesty ; or to vary or repeal the above recited provision contained in his Majesty's royal instructions, given on the third diiy of .January, in the year of our Lord one thousand seven hundred and seventy-five, to the said Guy Carleton, Esq., now Lord Dorchester; or to vary or repeal the j)rovisions hereinbefore contained for continuing the force and elFt'cr of tiie siiid declaration and provisions; or to vary or repeal any of the sfvcrul provisionH liereinbefore contained respecting the allotment and appro- priation of lands for tiie support of a Protestant clergy within the said provinces ; or respecting tlie constituting, erecting, or endowing parsonages or rectories within the siiid provinces ; or respecting the presentation of incumbents or miniKters to the same ; or respecting the manner in which such incumbents or ministers siiall in)ld and enjoy the same; and also that whenever any act or acts sliall be so passed, containing any provisions which shall in any manner relate to or alleet the enjoyment or exercise of any religious form or mode of worship ; or shall impose or create any penalties, burdens, disabilities, or distjualifications, in respect of tlie same ; or shall in any maimer relate to or affect the payment, recovery, or enjoyment of any of the accustomed dues or rights hereinbefore mentioned ; or shall in any manner relate to the granting, imposing, or recovering any otiier «hies, or sti|tends, or emoluments whatever, to be paid to or for the use of any minister, priest, ecclesiastic, or teacher, according to any religious form or mode of worship, in respect of his said office or function ; or shall in any manner relate to or atfect the establishment or discipline of the Church of England, amongst tin; ministers and members thereof within the said provinces; or shall in any niinmer ri'hite to or alfect the King's prerogative, touching the granting of waste lands of the crown within the said provinces, every such act or acts shall, previous to any declaration or signification of the King's assent thereto, be laid before both houses of parliament in Great Britain ; and that it shall not be lawful lor his Majesty, lii<, jipiis or successors, to signify his or their assent to any such CHURCH LANDS IN UPPER CANADA. 191 ' act or acts, until thirty days after the same shall have beer, laid before the saicl houses, or to assent to any such acts or acts, in case either house of parliament shall, within the said thirty days, address his Majesty, At" heirs or successors, to withhold his or their assent from such act or acts, and that no such act shall be valid or effectual to any of the said purjjoses, within either of the said provinces, unless the legis- lative council and assembly of such province shall, in the session in which the same shall have been passed by them, have presented to the governor, lieutenant- governor, or person administering the government of such province, an address or addresses, specifying that such act conUiins provisions for some of the said pur- poses herein before specially described, and desiring that, in order to give effect to the same, such act should be transmitted to England without delay, for the purpose of being laid before parliament, previous to the signification of his Majesty's assent thereto." These clauses are deemed the charter of the church's rights in Canada, and recognize the duty of the state to provide for the religious instruction of the people. Under the provisions of this act, lands were set a{)art in Upper Canada for the maintenance of the Protestant churcli, and tlie folIovvi»;g shows the extent and proceeds of those lands when sold ; the funds having hitherto been appropriated for the use of the clergy of the Church of England. Considerable efforts have been of late years made to dispossess the Protestant clergy of tliese lands, and to divide them among all classes of religionists, and appropriate their proceeds for purposes of general education. On the other hand, the clergy of the Church of England maintained that these lands belonged solely to the clergy of the Established Church, excluding the Church of Scotland, and also Dissenters of every denomination. The judges have decided that as Canada was conquered after the union between England and Scotland, and as the Kirk of Scotland was a church by law established in these realms, then its members liave a right to consider themselves as such in the colonies, and entitled to a share of all lands set apart for a state church. Whether religious classes, or more properly speaking Pro- testant Dissenters, of all denominations, will be admitted to a share in these lands, or whether tliey will be restricted to the use of the churches of England and Scotland, is not yet decided. The follomng is ail Enclosure in a letter from Sir George Arthur to Sir George Grey, Under Secretary of State for the Colonies, dated 25th Dec, 1783 : — Statlment of Clergy Reserves oi' Upper Canada. There have been sold, to the end of the year 1836, 308,428 acres of land for, currency, .t'25(),6.55, at an average of 13s. 7d. per acre — Received in part pay- ment, .t'8y,597 — Leaving due, and bearing interest, .€161,058. ... 192 CHURCII LANDS IJJ UPPER CANADA. Itetii Of the sum received in part pnyment for lands sold, viz. £89,597 — Tliere is invested in Knglish Tliree per Cents. Stock, in sterling, i:G2,*278— Add lor dif- ference of exclmnge, .i'G,()7i>— .i'G8,953, producing, sterling, i;i,880, add l-9th, difference of exchange, i;209— .£2,089— Leaving this amount to be accounted for, £20,644. ... The actual income for the present is, interest of £62,278 sterling, equal to £t)8,95.'3 currency, £2,089 — Ditto of unpaid instalments of purchase money, £2,162— Rent of 361,000 acres on lease, £2,141— £6,3f)2. . . . The following iiu'ome may be produced : — By loan of the sum now in the English Stocks, currency, £68,9.'53, in the Province at six per cent. £4,137 — By receipt of purchase money, due for land sold, £161,058, in the Province at six per cent. £9,663— By sale of land now leased, £361,000 acres at 12s. £189,600, in the Province at six per cent. £11,376 — £25,176 — Suppose the sum lent at five per cent, only, then deduct one-sixth, £4,196— £20,980— Total Clergy Expenditure for the year 1 836, £ 1 2,3 1 7— £8,663. . . . In aid of the Wesleyan Mission, £900 — Salary to the Bishop (exclusive of house-rent and tmvelling expenses) £1,000 — £1,900 — Leaving an unapi)ropriated annual surplus of, currency, £6,763. . , . Remain for the disposal of the Crown, in aid of the erection of churches, sup- port of clergy, and general education, 1,525,245 acres, at 12s. per acre, £915,147 — Sold, 368,423; leased, 361,000— Total, 729,423. Ci.EUGY EXPENDITL'HE I'OB THE YeaR 1836. Missionaries of the Church of England, £2,565 12s. 6d. — Ministers of the Church of Scothind, .£1,.541 lOs .Ministers of the United Presbytery and Synod of Upper Caiuida, £699 19s. lid. — Priests of the Roman Catholic Clergy, £1,500 — House-rent of Lord Bishop of Quebec, £180— Clergy expenditure, £6,487 2s. 5s. ... Erection of Parsonage Houses, £367 2s. 5d Mis.sionaries of the Church of England,* £4,500 7s — Archdeacon of York and Kingston, £600 — Secretary to the Clergy Corporation, £270 — (Jontiiigent expenses of the office of the Clergy Corporation, .£92 13s. lid. — ,£12,317 5s. 9d. — Independent of the claim of the Wesleyan Missionary Society, £{)00_Total, £13,217 5s. 9d, . , Total quantity of Land reserved, 2,254,668 acres — Sold and rented, 729,423 acres — Remain to be disposed of, either for the erection of churches iji aid of ministry, or for general education, 1,525,245 acres. . . . Value of 1,525,245 acres, at 12s. per acre, £915,147. Clergy Reserves granted as endowments to the Church of luigland clergy, patents for which are completed, 22,931 acres — Ditto, ditto, patents for which are not completed, 4,1 18 acres — Ditto set apart as Glebes, 21,057 acres — Of these are included in the Return of Endowments, 8,332 acres — 12,725 acres. * In aid of this sum, the Society for the Propagation of the Gospel pay the sum of £3,800. IMSTU Eastern . , Ottawiii. , Jolinstown HatliurKt Prince Eih Ni'wcastle Midlaml . . Home, incl City of To Niairara . . (iore Talbi.t .... Iiondon . . . Western . Total DlSTll Eastern . . . Ottawa . . . Johnstown Bathurst , J'rince F.dv Isfwcas'le Midland . Home, inc City of Tt ^MaKara. . ("lorc in'ulbot . . . yi.ondon . . . fWestern . Total P^iiclosi B.T.). Sir ( |ave been I (■ Of tbe.- I Tlii.s (•( .IpE'inirini,' t( ¥' ^ The rci — There is d(l lor (lif- add I -9th, )iinted for, , equal to ie money, low in the 4,137— By ! at six per GOO, in the it five per xpenditure iclusive of jiropriated hes, sup- 915,147— irs of the ind Synod c C;iergy, penditure, Chiireh of 'cretary to he Clergy ini of the 1, 729,4-23 in aid of id clergy, which are ' these are 1 pay the IKNERAL Numerical Return of the several llcliKloui Bodies in Upper faniuin, founded on tke Retunii of the Clerics of the I'eace, so far as they have been made for the Year 18JU.» DISTRICTS. Eastern Ottawa) Jdhnstown HalhurHt Prince Eihvard . Newcastle Midland Home, including \ City of Toronto . . J Niairara (iore 'I'albot London Western Total M KTlIOl) p 'A d O '/i w Ui a § .3 >> X M If o t> ^ a iJ a o ?= s tj a a o ■u o Ch c3 m M u 4,281 i,7y2 74 1,561 745 58 10,374 3,820 1,843 25y 7,fi71 , . 2,354 3,806 1,802 343 10,017 , . 2,731) 2,1)43 2,017 18,013 70 •■ 4,102 041 444 8 0,141 4,!) 75 2,175 353 lOU 425 355 9,184 3,445 2,11)5 1,830 2,1 (Mi 7U,754 22,133 11,100 2,804 •n 119 =1 el G. 3 a 3 ^^! Oj o -a A 1,802 0,863 «(i8 8,507 4,073 PllKSBYTERIANS. < •A O » u to. Total, 1,860 803 5,022 11,203 2,428 , 1,244 1,802 0,011 ;is3 0,863 8,851 5,628 (jyi 8,702 125 5,172 7,150 . , I 046 7.47!l 2,744 2,744 24,657161,088 t I 1,485 08 6,2;i(; 43 4,074 2,081 11 4,453 700 4 622 t i' - 1 = 5- 30,517 7,218 8,033 025 10,884 3,082 4,007 238 2,079 Total. 11,203 2,428 5,607 8,033 1„108 8,851 2,070 13,120 3,780 10,253 285 8,275 2,081 31,648 78,383 X 1 DISTRICTS. Eastern Ottawa Johnstown Bathurst .... I'lince i;il\v:ird Newcas'lc Midland •Ji O H < "A < O Baptists. Home, including City of Toronto, . Niactara (lorc Talbot Il.ondon •Western Total , i),200 3,315 ;,!)85 ,'i,,')00 1,007 4,144 1,918 4,591 !)81 2,301 52 1,868 4,008 43,029 « a "•no ■a g.o 3ffl o 3 5 J> 434 2.') 9 7')4 204 220 1,472 404 1,323 974 1,0.19 7,183 a _o 5 S o c O 87 1,258 l,;i45 3 e s o 941 : 2,851 i 10 038 Miscellaneous. Total.! t 434 250! 794 1 264 2201 1,472' 404 j 1,323 974 10 14 71 .S,5 18 558 8 ;!3 1!) 2 98 516 1,0381 2 4,747! 223 1,038 — 3,702 048 ] 12,908 998 21 35 18 990 53 1,338 21 231 450 422 37 9 2,514 44 851 1,015 30 175 44 2,077 I* finclostire in Sir Georjje Arthur's letter to the Marquis of Norniatihy, dated 14th September, ^39. Sir (ieorpe docs not think tliese data trustworthy ; they are, liow ever, the only returns which 'iive been laid before the House of Assembly by the C'lorks of the I'eace in eacli district. i I- Of these a certain porlion must be considered as bel(iu;;in}; to each of tlie other four divisions. fl This column includes, no doubt, a larf;e proportion of members of tlie Cluueh of Scotland, (<|uiritiji to be added to the special an^recate of that church in ttie first column. 1 ^ The rtmarli applicable to column marked 1 applies also Ikic. 194 CHURCH LANDS IN UPPUU CANADA. Oknkral Numcrical Return of the leveral Religious Bodici In ITpper Canada, founded or tht j Returns of the Clerk* uf the I'eace, lu far sa they liavu been made for the year lti3U. DISTRICTS. Eastern Ottawa Johnstown Bathurst Prince Edward Newcastle Midland Home, including) City of Toronto . . / Niagara Gore Talbot London Western Total .... MISCKLI.ANEOUS. V B 3 H 545 316 7 57 925 E o 01 % a 14 8 357 27 l.OfiO 595 108 871 480 22 1,11!) 57 4,778 8 (4 I 14 "a 25 34 113 VJ lilb 64 28 45 28 09 ■73 B O o 645 28 16 4 18 48 ■a 3 S I 17 5 M C H B 31 2 65 2 24 30 113 37 UG 183 20 DISTRICTS. Eastern Ottawa Johnstown Bathurst Prince Edward Newcastle Midland Home, including) City of Toronto . . J Niagara Gore Talbot London Western Total .... MISCELLANEOUS. 7 2 67 564 8 557 76 1,308 3 270 270 .S* 220 21 95 336 o 29 n 77 76 10 66 nl B s o a 333 211 6,243 6,454 o o 308 5,299 258 1,917 780 2,986 10,847 4,475 7,336 554 34,760 35 35 Total. 1,763 117 .').,«92 453 1,549 3,7U8 1,298 7,814 13,989 10,718 171 9,393 611 57,566 Ei s O a 3 O •a rt en _ S 3.2 o ** H 28,«37 8,183 32,(i64 24,632 12,539 35,145 14,057 53,572 28,998 30,563 2,845 40,946 13,507 332,788 be a -'3 h* O b a> (0 « I? 3 ki as o ♦* H 28,837 8,483 32,669 I 24,632 I 14,018 i 35,146 1 38,254 I f 57,800 I U2,153 I 29,953 I 51,000 I 9,053 1 42,325 ' 16,023 400,346 SUMMARY. Church of Enjiland, 79,7.")4; Methodists (of all Denominations), 61, OSS i Presbyterians (of all Denominations), 78,383 ; Roman Catholics, 43,029; Baptists (of all Denominations], 12,968; Miscellaneous, 22,806; no Pro- fession, 34,760. Total . . . .3,32,788 Deliciency aa compared with the entire Population, being nearly one-sixth 67,558 400,346 I WIBi unded oj-. the I83U. « .2 37 116 183 20 bo c 1X3 « o H 28,837 8,483 32, ()()!) 24,032 14,018 ) 35,1461 38,254 (57,800 I \ 12,153 29,953 51,000 9,053 42,325 ; 16,023 I 400,346 :otal....332,788 I 67,558 400,346 'M'