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PASTORAL LETTER 
 
 1' Y 
 
 IF 
 
 TO 
 
 THE CLERGY AND LAY MEMBERS 
 
 
 OF 
 
 
 THE ESTABLISHED CHURCH 
 
 IN 
 
 WESTERN CANADA, 
 
 FROM 
 
 THE LORD BISHOP OF TORONTO. 
 
 'iif 
 
 :H1 
 
 COBOURG: 
 PRINTED AT THE DIOCESAN PRESS. 
 
 1845. 
 
 "f -'n 
 
 
PASTORAL LETTER. 
 
 Deauly Beloved in the Lord: 
 
 At the first Meeting of tlie Church Society under its 
 new Constitution, on the 23rd day of October last, it was re- 
 solved, that henceforth there should be four annual collections 
 made for the purpose of the Institution and benefit of the 
 Church. The objects of the first three are particularly men- 
 tioned in the account of the proceedings ; but the fourth is 
 purposely left open to meet any unexpected or extraordinary 
 contingency. 
 
 Such a contingency has unfortunately arrived much sooner 
 than could have been anticipated, in the astonishing fact, which 
 can no longer be concealed, that five of my Clergy, who are 
 labouring in their several stations, are falling into the most 
 destitute circumstances, in consequence of having been left 
 by the Government nearly two years and a half without sup- 
 port from that fund which is guaranteed by the express pro- 
 visions of a British Act of Parliament. 
 
 This melancholy occurrence is attributed to the discordant 
 interpretation given by the Imperial and Colonial Govern- 
 ments to the 3rd and 4th Victoria, chap. 78, entitled "An Act 
 to provide for the sale of the Clergy Reserves in the Province 
 of Canada, and for the distribution of the proceeds thereof." 
 
 It is on all sides admitted that this Statute secures perma- 
 nently, and under all circumstances, the sum of £7,700 Ster- 
 ling, annually, towards the support of the Church of England 
 in Canada West ; a sum predicated on the return of Salaries 
 and Pensions paid to the Missionaries of the Church of Eng- 
 land in the Diocese of Toronto and their Widows for the years 
 1839 and 1840, — it being manifestly the desire and object of 
 the Imperial Government to preserve the Church in the same 
 state of efficiency as she was at the passing of the Act, and 
 till the Clergy Reserve Fund could meet the full charge. 
 
 Nevertheless the Goverinnent of this Province, by a minute 
 of the Executive Council bearing date the 22nd December 
 1842, held that although the sum of £7,700 Sterling annually 
 is at all events secured to the Church of England, yet that 
 
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4 
 
 such Clergymen as have been appointed to fill vacancies oc- 
 casioned by the death or removal of Incumbents who were in 
 possession at the time of the passing of the Act, are to be paid 
 from the Imperial Fund. 
 
 Trusting in the correctness of this construction of the Act, 
 reference was had to the Imperial Government; certificates 
 of the deficiency as required by its provisions were forwarded 
 by the Receiver General, and no doubt was entertained but 
 that the balance between the amount of the Warrant here and 
 £7,700 Sterling guaranteed by the Statute, would immediately 
 be paid over to the Society for the Propagation of the Gospel 
 by the Treasury in England. 
 
 But so far was this from being the case, that Her Majes- 
 ty's Attorney and Solicitor Generals declared in a Report 
 made by them on the 29th of December, 1843, — "That ha- 
 ving attentively examined the provisions of the two Acts of 
 Parliament, 3 and 4 Victoria, chap. 35, and 3 and 4 Victoria, 
 chap. 78, which relate to the subject, it is their opinion, that 
 the proper construction of the law throws upon the Revenues 
 of Canada the burthen of making up any deficiency in the 
 Clergy Reserve Fund in paying the usual and accustomed 
 allowances and stipends to the Ministers, whatever the defi- 
 ciency may be; and while that deficiency lasts, the Imperial 
 Treasury cannot be called on to make any payments to the 
 two Churches :" — in which, although they admit the sound- 
 ness of the Chancellor of the Exchequer's suggestion, (which 
 is clearly based on the true spirit of the Act,) that the inten- 
 tion of its framers was to make the guarantee of the Imperial 
 Treasury at once applicable in case of difficulty, yet the Crown 
 Officers in eiFect nullify this obvious construction by asserting 
 that in order to carry it out further legislation is necessary. 
 
 Since the passing of the 3 and 4 Victoria, chap. 78, six 
 cases have occurred of new appointments of Clergymen, — 
 rendered necessary by the death or removal of the Incumbents 
 who held livings at the passing of the Act. Of these one has 
 returned to England, and five remain, without support ; for 
 the Government of the Province, notwithstanding the opinion 
 of the Crown Officers in England, still adhere to the minute 
 of the 22nd Dec. 1842, and refuse to pay their Stipends. 
 
 It might, as I am constrained to remark, have been expected 
 that the Provincial Government, on finding that the course 
 which it had determined to pursue was producing so much 
 distress to deserving individuals and their families, would have 
 

 been scrupulously careful in improving the management of 
 the Clergy Reserve Fund, in order that such distress mij^ht, 
 as soon as possible, be arrested in its progress, because, with 
 arrangements ordinarily judicious, this Fund would have more 
 than met its annual liabilities, and thus prevented the mise- 
 ries and evils of which we complain. 
 
 But alas the mismanagement has increased, pending these 
 difficulties; and while my Clergy are left in a state of desti- 
 tution, large sums continue to be wasted in remunerating ser- 
 vices which are really worse than useless, and this to such an 
 extent as to render hopeless the expectation that the Clergy 
 Reserve Fund will ever answer the wise and holy purpose for 
 which it was established. 
 
 Expecting some little delay in settling the meaning of the 
 Statute, I applied to the venerable Society for the Propaga- 
 tion of the Gospel in Foreign Parts to advance, in the mean 
 time, the salaries (only £100 per annum each) of my five 
 suffering Clergy; — assuring the Society that 1 had the fullest 
 conviction that such advance would be repaid as soon as it was 
 decided which Government was liable ; for it could not be the 
 desire of either Government (as I then belie /ed) to allow the 
 Church or any of her Clergy to suffer, pending a dispute on 
 the meaning of a law over which they could have no control. 
 The Society, with its usual benevolence and consideration, 
 paid the stipends for the year ending the 30th of June, 1843, 
 but have declined since that time to continue such advance, 
 because they saw no disposition, on the part of the Govern- 
 ment, to settle this unseemly dispute, or to pay back the ad- 
 vance they had already made. In consequence, my five Cler- 
 gymen have been left without their stipends since June, 1843. 
 
 What aggravates this evil is, that it is rapidly increasing. 
 New vacancies are from time to time happening which I can- 
 not in prudence fill up, while the stipends are held in sus- 
 pense ; and thus a law, which we naturally supposed was in- 
 tended for the just support of the Churcli, is, by conflicting- 
 interpretations for which I was not prepared, and by an apa- 
 thy and a reluctance to act on its spirit, made the instrument 
 of her gradual disorganization ; and this large and increasing 
 Diocese, already so destitute of the means of public worship, 
 if the Statute be allowed to operate as it has done for the last 
 four years, will in a spiritual sense become, through half its 
 extent, a wilderness. Not only are five Clergymen in a state 
 of want, but two parishes are left vacant, and the process is 
 
 
6 
 
 unhappily going on from deaths occurring and removals being' 
 at times found necessary. 
 
 I have brought this disheartening and deplorable state of 
 things repeatedly under tiie notice of the Provincial Govern- 
 ment. I have urged it upon them as their duty to look to the 
 spirit and intention of the 3rd and 4th Victoria, and preserve 
 the Church entire and unimpaired in her efficiency as she was 
 at the passing of the Act. I have pressed this course upon 
 his Excellency the Governor General as of more than suffi- 
 cient importance to warrant his paternal interference, since 
 the distress which had arisen from the difficulties I have des- 
 cribed had been represented to me in such terms as to shew 
 that it actually threatened the very existence of some of those 
 who were affected by it. But all that it was in my power to 
 do has been without avail. 
 
 I represented to his Excellency, in May last, that "on a 
 review of this unfortunate subject, and more especially as re- 
 gards the distress of my five Clergymen and the desolation 
 with which it menaces the Church, it involves consequences 
 so calamitous and imminent as to justify the Representative 
 of the Sovereign in assuming more than ordinary responsibi- 
 lity in arresting their progress, and, I added, happily the re- 
 sponsibility thus to be assumed is not of an aLrming charac- 
 ter, since it only requires your Excellency to give orders to 
 pay the salaries now in abeyance from any proceeds in the 
 hands of the proper officer arising from the sales and rents of 
 the Clergy Reserves, which might otherwise be forwarded to 
 England to be placed in the Funds. The sum thus supplied 
 would be replaced as soon as the Governments agreed in their 
 construction of the Act, and the utmost loss that could accrue 
 from the transaction would be a mere trifle of interest, while 
 great suffering and misery would be prevented. 
 
 " Moreover in my humble opinion, so long as your Excel- 
 lency does not exceed £7,700 annually toward the support of 
 the Church of England, and our present Establishment is 
 within that sum, you run no risk whatever." 
 
 The reply simply stated that my application had been 
 brought under the consideration of the Governor General in 
 Council, and the result would hereafter be communicated to me. 
 
 On the 31st of October, I again brought this painful sub- 
 ject at great length before the Provincial Government, and 
 stated that, having failed to receive relief, I could see only 
 one way left of mitigating the evil, " and that is by an appeal 
 
to my people on the present critical situation of the Church, 
 and in oehalf of my destitute Clergymen. It is indeed a step 
 which I shall take with extreme reluctance, and which were 
 it possible I would most willingly avoid, because the statement 
 which it will be my duty to set forth cannot fail to make a 
 deep impression on all Churchmen, both here and in England. 
 But 1 see no alternative ; for independent of many weighty 
 considerations, the five meritorious Clergymen whom it be- 
 comes my duty to protect as much as possible, can no longer 
 be left to suffer. I shall nevertheless write with as much for- 
 bearance as the facts will permit; not forgetting that, however 
 unjustly we may be treated, the principles of our Church and 
 profession are submission, gentleness, and peace." 
 
 I must confess, that harassed as His Excellency has been 
 by the troubles and vexations which seem almost inseparable 
 from a Colonial Government, it is not perhaps surprising that 
 he should feel disinclined to increase his responsibility ; but 
 I am persuaded that if he had been at peace and had leisure 
 to examine the subject, he would have discovered neither ob- 
 jection nor difficulty, — since to assume the responsibility that 
 I suggested, while it would be in perfect accordance with the 
 Chancellor of the Exchequer's suggestion, would touch no 
 great principle nor interfere with any public interest. I do 
 conscientiously believe that any former Governor of Upper 
 Canada, and I have known them all save the first, would, un- 
 der the like circumstances, have assumed such responsibility 
 without the slightest hesitation ; and I am convinced that his 
 conduct, in those times of justice and principle, would have 
 been sustained and commended by the Government at home. 
 
 But although the Governor General did not see fit to act 
 in this affair as I could have wished, I have no reason to think 
 that he is indifferent to the situation of my suffering Clergy; 
 but, right or wrong, he believes that the remedy is not in his 
 power. I have, therefore, no other resource left than to ap- 
 peal in favour of my distressed Clergy to their Brethren, Lay 
 and Clerical, throughout the Diocese, to come forward in their 
 behalf. 
 
 I therefore request you, my brethren of the Clergy, to read 
 this Pastoral Letter, or recite the substance thereof, from the 
 altar after morning prayer, and immediately before the Ser- 
 mon, on Sunday the 12th day of January next, being the Sun- 
 day after Epiphany, and on the 19th of January, being Sep- 
 tuagesima Sunday, take order that a collection be taken up 
 
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■PBP 
 
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 8 
 
 for their immediate relief. And may God in his mercy en- 
 large our hearts to jrive willingly and without grudging, and 
 enable us to accompany our benevolence with earnest pray^s 
 that in His wise Providence He will remove whatever diffi- 
 culties impede or threaten His holy Church in this Diocese. 
 
 JOHN TORONTO. 
 
 Toronto, December 10th, 1844. 
 
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