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TO WHICH IS ADDED, AM A IFF BSS 9 CONTAINING SEVERAL INTERESTING AND IMPORTANT PAPERS. 4 .«-■■ MONTREAL: PRINTED BY JAMES STARKE k CO. 1838. 4 •= Ki ';^ i i > ■ r ■ '•^ i REMARKS AND OBSERVATIONS ox THE CONSTITUTION OF THE CANADAS, CIVIL AND ECCLESIASTICAL; WITH A VIEW TO ITS AMENDMENT: INCLUDING SUGGESTIONS AND RECOMMENDATIONS NOT BEFORE PUBLISHED. BY A LAYMAN OF THE CHURCH CF SCOTLAND. TO WHICH H ADDI'.n, AN APPENDIX, CONTAINING SEVERAL INTERESTING AND IMPORTANT PAi'ERS. ■ « MONTREAL : PRINTED BY JAMES STARKE k CO. Mil PREFACE. The writer of this pamphlet has, for several reasons, deemed it proper to withhold his name from the public ; but many, with whom ho is personally acquainted, will, on perusal, readily ascribe it to him. Only a small number of copies have been printed, intended for dislri- bution among some public characters and others, upon whose opinions and decisions the settlement of Canadian affairs may be considered chiefly to depend. In giving the substance of, or quoting from, different authorities, great care has been taken to refer to them so particularly that any person, who chooses to take the trouble, may be satisfied whether or not anything be advanced inconsistent with such authorities. In every particular that is of much importance, the writer considers himself borne out by the writings, Acts of Parliament, &:c. to which references are made; and his name, no more than that of any other private individual, could confer very little additional authenticity, beyond the narrow circle of his own acquaintance. He hopes that the different topics, briefly noticed or treated of, in this production, may not in future be discussed in that angry tone and virulent style, sometimes too prevalent in many newspapers and other publications. With this view he has, as much as possible, abstained from using opprobrious terms and acrimonious expressions, in speaking of those who do not coincide in his opinions ; being well convinced that a good cause is frequently much injured by intemperate language and violent contro- versv- 11 PREFACE. In the pamphlet there occurs a repetition of some arguments or facts that appear also in the Appendix, No. V. That long article was occasioned by debates of the Legislature of Upper Canada, in 1835 ; the other, being written three years after, and touching in several parts on the same or similar topics, in consequence of subsequent occur- rences and proceedings, some repetitions were unavoidable. However, it is believed they will not occasion any objections nor prove tiresome to the reader. The speech of the Solicitor General, given in the Appendix, No. 6, docs not appear to be the same version referred to by Mr Cartwright and Mr Manahan, in the explanatory letter and certificate that follow it. The writer has not seen the paper called the " Constitution," spoken of by Mr Cartwright, but he has read a longer and more detailed, though not exactly contradictory, report of the speech in the Bathurst Courier, of 3d March, 1837. It is to that version which he more particularly alludes in what is said in page 51. It contains some more irritating expressions and remarks applied to the Scottish nation, which it would serve no good purpose to republish. The names of two other ministers of their Church (besides one mentioned in the Appendix) are also introduced, in no very complimentary style. In consequence, one of them published in the newspapers, a very spirited letter on the subject, addressed to the Solicitor General. R Montreal, Lower Canada 31s< October, 1838. •} 1 I CON T li N r s, ou REFERENCES TU THE MATTERS THAT APPEAR OF THE MOST IMPORTANCE. r:i Object of the publication .... 3 Reasons, comprehending proceedings at different times, that are supposed at last to have led to the late Insurrection Division of the Province of Quebec into Upper and Lower Canadp, Remnrks on the Ecclesiastical part of the constitutional Act. — Reports of tiie Commissioners of Enquiry — Attempt to unite the Canadas, in 1822. — Licentiousness of the Press Id Exertions of the Roman Catholic Clergy to restrain their flocks. Sup* posed views of the Insurgents. — Injudicious conduct of the British Government by imitating too closely the Constitution of England The House of Assembly have fallen into the same mistake Union of the Canadas recommended ; and the use of the English Language in written legislative proceedings. — Suggestions for quieting the Religious fears of Roman Catholics No progress yet made in their conversion Conditions in favour of their Religion, in the Treaty that ceded Canada to Great Britain 24 Difficulties greater now than in 1822, in Uniting the Canadas Some notice of discontents that have occurred in both Provinces, and of the conduct of their inhabitants, previously to and during the last war, which commenced in 1812, 42 Further observations on our Constitutional Act, and on various Provincial Acts ; in so^far as they relate to Ecclesiastical matters and to Marriages, Lands reserved for the Support of a Protestant Clergy, &c The Act of Union between England and Scotland — The Voluntary System. The Canon Law of England 48 Remarks on some writings of Dr Strachan, Archdeacon of York ; and on the erection and endowment of Rectories in Upper Canada, &c. . 61 Mistake of some writers who support the claims and rights of the Scottish Church in the Colonies. — Conclusion, 7^ APPENDIX. I. — Pastoral Letter of the Roman Catholic Bishop of Montreal, injoining loyalty and obedience to his flock 77 ! IV CONTENTS. I'age 11. — Declaration of the views and motives of the Loyal Canadian Asso- ciation of Montreal, 81 III Loyal behaviour of the Canadians generaiiy, in 1775-76 ; and in the war of 1812, with the United States : also notice of tLe good con- duct of the Inhabitants of Jersey and Guernsey, at difl'erent times, 85 IV. — Mr Hagerman's speech, in the House of Assembly of l^. Canada, on the 4th March, 1835 ; in si'pport of the exclusive claims of the English Church, 88 V. — Arguments against the claims set up by Mr Ilagerman on behalf of the English Church, in the Colonies 102 VI. — Speech of Mr Hagerman on the same subject, 9th February, 1837, } 17 VII Message sent to the Legislative Council and House of Assembly of both the Canadas, in January, 1832, regarding the Clergy Reserves, 122 VIII Instructions from the Colonial Secretary, in 1825, to the Lieut. Governor of U. Canada, directing him to erect and endow Parsonages or Rectories, in every Township within that Province, 123 ERRATA. Page 49, line 3, after Canada, add infanour of the Church of Scotland ; the sentence M. 18 ii Province of Quebec is divided, for the wisdom of man to lav down a plan for these objects that will not afford matter of dis- pute, and create animosities between the governments of the two Provinces, which in a fev; years, may lead to the most serious consequences. This would be sowing the seeds of dissension and quarrels, which however easy it may be to raise, will be found extremely difficult to appease." It appears, however, that Mr Pitt and the other Ministers of the Crown had jjreviously formed the plan of dividing the Province of Quebec; and Mr Lymburner's remonstrance, as it may be termed, with the opinions afterwards expressed against it, in the debates that ensued, had no effect in changing that part of the bill. At present, I have not access to the proceed- ings in the House of Lords ; but, if my memory does not de- ceive me, their Lordships passed it without amendment and with little, if any, debate. In the next place, I come to say something of what may be termed the Ecclesiastical part of our Constitution, and the man ner in which it has been administered, which has no doubt had a considerable effect in bringing about the present unfortunate state of these Provinces, particularly in Lower Canada. The subject would require a more able hand to treat it according to its importance ; but, though sensible of my incapacity to do it justice, it must not, on that account, be passed over in silence. The Royal Commissioners of Enquiry have mentioned this matter incidentally only, though it seems they intended to make a separate Report thereon, including other matters : for, at the beginning of their General Report, they say " On the Clergy Reserves, and on some important petitions recently received on other matters, we shall submit our opinions hereafter." But, when the statement of Sir George Gipps, (dated 15th Decem- ber, 1836,) was added to that Report, Sir Charles Grey had taken his departure for England ; and L,ord Gosford remained in Lower Canada until March, 1838: so that, they have not met since, to joi)i in any Report. However, one or all of the Commissioners may have given their individual opinions to the Colonial Secretary ; and it is very probable that Sir Charles has done so, as he seems duly impressed with the importance IJ) ;ind difficulty of the subject, which will appear from his state- ments annexed to different Reports. In the conclusion of that appended to the third Report, he says : — " From this descrij)- tion of the prospect I have made one exception, it is religion, an element which, in its volatile state, is beyond the control o^ governments, which is not at present in a state of greater action than is salutary, and possibly may not be inflamed, but which, if ever it should become so, whether by the oppression of the Protestant or the Catholic Church, will be the sional for irene- ral confusion." The following quotations are from the conclu- sion of the minute of Sir Charles, annexed to the General Report : " It is not without a due sense of the grave and mo- mentous considerations which are connected with the task of altering a Constitution, that I say this ; but if the Act of the 31 Geo. III. c. 31, be divested of its ecclesiastical provisions, it will be perceived that it is not of a very difficult or complex structure, yet might serve as a precedent for what would be now wanted." He then goes on to propose, " that Lower Canada be divided into several subordinate Legislatures, with one "ene- ral and controlling one," &c. &c. After havingr mentioned dif- ferent conflicting claims set up and urged by the French Canadians and by the British, he adds, what is very evident, " There are pretensions on either side which must be repressed." In a note added to this minute. Sir Charles says, " he had pre- pared notes on (different points, that required only to be copied;" one point is, " institutions for religion and education." The whole of these notes, if published, could not fail to be useful and very interesting, at this particular juncture. These subor- dinate legislatures with a general one to control them, could not be considered an efficient remedy for the dissensions that have so long distracted the Province, as will probably be mani- fest on a little reflection. One of the pretensions that requires to be repressed, not particularly noticed by Sir Charles, and which is coeval with our Constitutional Act, or rather was re- vived about that time, is, th*" assertion brought forward as an axiom not to be controverted, that, the Church of Eiir/land is the Established Church in all the British dominions, Scotland onhj excepted. The Legislatures of the Canadas, particularly that •20 of Upper Canada, appear jirenerally, with but few exceptions, to have acted on this untenable assumption, which will be noticed more particularly afterwards. At first it was not pub- licly advanced, but was mentioned incidentally only, as occasions occurred ; and, durinof the first twelve or fourteen years of my residence in this Province, from 1790 until about 1803 or 1804, I do not remember to have heard the term Established Church used, as applicable to this country. The claim, however, has been boldly and frequontly asserted of late years, in both Houses of the Legislature of Upper Canada, and also in dif- ferent publications there. The disajrreements and difficulties between the House of Assembly and the other two branches of the Legislature of Lower Canada, seem to have increased and taken a more se- rious and decided turn since the year 1820. It would appear, by a speech of Mr Speaker Papineau, at his election that Summer, that he had then no grievances to coniplain of; and tiiat he was fully sensible of the privileges and advantages enjoyec* by the Province, in consequence of its cession to Great Britain." The same Summer, it was announced, by an adver- tisement in the Official Gazette, that the Protestant Bishop and his Clergy, were erected into a corporation for managing the Clergy Reserves : and only about the same time, I believe, that the Royal Institution for the advancement of Learning was constituted, though the act empowering the Governor to do so was passed long before, in 1801. In 1822, a bill was brought into the House of Commons to reunite Upper and Lower Canada, which would probably have passed, had it. not been opposed by Sir James Macintosh. When the details of the bill were known here, there was a decided and general opposi- tion to the measure, by what are called the French Canadians. A public meeting was called and numerously attended at Mon- treal, by whom a most respectable committee was appointed, of thirteen or perhaps fifteen members, to prepare petitions and to use all lawful means to prevent the union. They had several objections to the details, but the strongest were against the ap- « This Speech has been republished since the insurrection broke out. ,,«! J^*«-.»,fci 2i proval of the Governor, which was required before tlieir l^isiiop could legally place his curates or priests, and also that their language was excluded from the Legislature, not only in the written proceedings, but, after fifteen years, also in debates. — These, and several other objections, were allowed to be well founded by Mr Wilmot Horton, in his evidence before the Canada Committee in 1828. When the Legislature met next winter, the Governor, in consequence of instructions he had received, recommended the consideration of the subject to both Houses. The members, generally, had previously made up their minds; and, in the Council six voted for and eight against the Union, as published in the newspapers at the time ; for their journal does not show the majority, though the names of the minority appear to their reasons of dissent. In the As- sembly it was voted down, I believe, without much debate, there being thirty-one against, and only three members in favour of it : the names of all appear in the Journal. It would perhaps have been more advisable not to object altogether to an Union, but only to such principles and details as appear objectionable ; and for each House to have stated the manner in which they would approve of its being carried into effect. In Upper Canada, both Houses took up the question, though not particu- larly recommended to them ; but, so far as my memory serves me, neither expressed itself very decisively either for or against the measure. Mr Papineau was one of the agents that carried petitions to London against the Union; and while he was there, a pamphlet was published in the form of a letter to the Earl of Liverpool by a member of Parliament. It related to the eccle- siastical and political affairs of the Province ; and declaimed with much virulence against the Church of Rome ; the Church of Scotland also came in for a share of censure; and complaints were made of the counteaance and support afforded to both in this country. The author is not yet certainly known, perhaps more than one had a hand in it ; but, if not written here, it is evident the materials were furnished from hence. It was not intended for circulation here ; Mr Papineau, however, sent out a copy, which was handed about and freely discussed in the newspapers. All these circumstances occurring together, or aim following one another closely, tended, no doubt, to create jealousy, suspicion, and distrust in the minds of many people, where such feelings did not previously exist. Another fruitful source of much bad feeling and party spirit must not pass unnoticed. It is the national distinctions and other irritating topics introduced into newspapers, or speeches made at public meetings, and reported afterwards in the papers. This licentiousness of the press has no doubt done much mis- chief on both sides for many years past ; but more particularly at, and since the general election in 1827. The French Cana- dians, as they are called, have sometimes been mentioned as a conquered people, at other times represented as in general dis- loyal, &c. I have not regular files of newspapers to refer to, but any person residing in this country may have noticed it. However, I happen to have before me one number, dated 16th August, 1832, of the oldest and perhaps the most influential paper in this district, from which an extract follows, which may be reckoned a fair specimen of the publications alluded to. — •' The editor, after remarking on some very improper resolutions passed at a public meeting in a country village, concludes with the following threat : — " Let us no longer hear of our being only one-tenth, — by emigration alone, our population was in- creased, during the last six years, upwards of 23,000; the stream continues to flow towards us, and, despite of the parti/, we will continue to increase and multiply in the land, settle the soil, and introduce, in due course of time, our institutions, our lan- guage, and our laws." It is easier to imagine than to express, what discontent and alarm such paragraphs must excite, when rendered into French, and widely circulated with editorial re- marks, as has often been done, for the purpose of agitation. — The bad effects and injustice of such writings and national distinctions, are well set forth in an address, dated January, 1838, from 273 inhabitants of Longueuil to the Governor-in- Chief. The following is the passage alluded to : " The fever- ish and disturbed state from which the excited parts of this district are recovering, is attributable, not only to the disloyal writings, speeches, and meetings, which have attracted public notice as the immediate causes thereof— but, in no small degree Neil by mec tran con: I>ov •j;J to tlio virulence and irritating language used by miscalled loyal papers, and to the haughty and arrogant conduct of men, who, pretending to exclusive loyalty, abuse without measure all who are opposed to their narrow and selfish policy, thereby enter- taining national distinctions, (than which, nothing is more foreign, to the notion of the Canadian people,) purposely keep- ing alive political prejudices, and exciting to disaffection, a people whose loyal conduct has at different epochs received the praises of your Excellency's predecessors, and of the Imperial Government."^ These different causes, particularly the attempt, (if not real at least apparent,) to undermine or curtail the religious liberty of the Canadians, produced, as might have been expected, fears, distrust, discontent and not unfrequently opposition to the plans of government. An English gentleman, since deceased, who was a Roman Catholic and had resided in the Province since 1780, disapproved very much of that part of the Union bill which he considered as an improper interference with the functions of the Roman Catholic Bishop : though he had no community of political feelings with L. J. Papineau and his ad- i i; 7 conquests, which might prove injurious, in tlie highest degree, to the commerce and prosperity of ihe Empire. The case of the Canadas and other Colonies who pay their civil officers on- ly, but contribute nothing, directly, to their defence ; is so very different and has been so fully exemplified of late in this Pro- vince, that is sufficient merely to have mentioned it. Our Assembly have eagerly adopted and applied to them- selves an insufficient reason that has sometimes been given for this " antient indisputable privilege and right of the House of Commons." A privilege so ancient, that the record of its date and true reason of its first adoption, appear to be lost or un- certain. " The general reason given for this exclusive privilege of the House of Commons, is, that the supplies are raised upon the body of the people, and therefore it is proper that they alone should have the right of taxing themselves. This reason would be unanswerable, if the Commons taxed none but them- selves : but it is notorious, that a very large share of property is in the possession of the House of Lords; that this property is equally taxable, and taxed, as the property of the Commons ; and therefore the Commons not being the sole persons taxed, this cannot be the reason of their having the sole right of raising and modelling the supply. The true reason, arising from the spirit of our constitution, seems to be this : the Lords being a permanent hereditary body, created at pleasure by the King, are supposed more liable to be influenced by the crown, and when once influenced to continue so, than the Commons, who are a temporary elective body, freely nominated by the people. It would, therefore, be extremely dangerous, to give them any power of framing new taxes for the subject : it is sufficient, that they have a power of rejecting, if they think the Commons too lavish or improvident in their grants."^ But the House of As- sembly of Lower Canada have carried their pretensions and claims much farther; for they seem to have expected that money bills passed by them, ought to be sanctioned by the other two branches of the Legislature, notwithstanding whatever conditions were tacked to them. This disposition was first pub- '■ Blackstone Corns, vol. i. page 169. .,^M •iH licly sliowM in the aclilrcsses of IfHiO, which, as already statcil, Sir Jamos Crai«r did not fail to notice. Having pointed out the principal causes of the discontent and ditficulties that have existed for many years in this Province, and that have also occurred hetwcen the Upper and Lower Provinces, 1 shall now propose, what ajjpears the best, if not the only remedies that can be applied. And first, as being the greatest, the Canadas ought to be re-united. But before speaking of the details, it will be proper to notice some other schemes that have been thought of, as remedies for the evils arising from their having been separated. The chief plan, is to annex Montreal and another portion of this Province to Upper Canada, so as to give it a port of entry and clearance for ves- sels from sea. This was first talked of ten years ago or more ; and many speeches and writings have since appeared in its fa- vour, especially in the Upper Province. But, in that case, the same details would be necessary, and the same difficulties must be overcome, as in uniting the two Provinces. And, after all, it would not prove a remedy to the existing difficulty regarding the public revenue. It is well known to every one acquainted with the commercial business of Montreal, that the chief part of the goods imported are opened there, and afterwards sold to merchants and shopkeepers there, and in other parts of that ex- tensive district; part also goes to the district of Three-Rivers, and occasionally to the city of Quebec, when any articles there, bear better prices than in Montreal: a great part of the imports there, also go to Upper Canada, for I believe not one half of the goods, liquors, and groceries consumed there are imported in separate packages and for account of the merchants residing in that Province ; but, that they purchase their chief supplies from the importers at Montreal, and, such is now the facility of carriage by steamboats, that they sometimes make purchases in Quebec. It is thus evident that, if Upper Canada collected the duties levied at Montreal, the same difficulty of giving to each Province its just and equitable proportion, would still exist: the only difference being, that Lower Canada would then have to apply for her share to Upper Canada. In perusing the Reports of the Royal Commissioners of En- * (C ! 'i 29 ((uiry, we are tlisappoiiitod in not ineetiii"' with any decided opinion on this point; thouj^h they seem rather to diseouraf^e than recommend the Union. In the Second Report, paragraph 17, they think tlie question ought not to be entertained, "ex- cept with a very general prevalence of opinion in its favour in both Provinces." On this it may be remsirked, that there are many persons in its favour in both Provinces; and also not a few against it, especially in Lower Canada. But, as to the fjeneral opinion in cither Province, it cannot easily be ascertained. — For, there is not perhaps one in live hundred, who is able and will also take the necessary trouble to form an opinion of his own ; though many will sign, without reading, a petition either for or against it, as the case may be, on the strength of some favourite name that precedes their own. The General Report of the Commissioners, (section VI, paragraphs 6, 7, 8, 9,) details the difficulties arising from the apportionment of duties, and from certain clauses of the Canada Trade Act, 3, Geo. IV., c. 119: they then express the "wish that each Province could be enabled to raise and regulate its own revenue ;" but they have not heard any good suggestion, neither have they any of their own to offer, as a remedy for these evils ; therefore, " the necessity of the present arrange- ment justifies its continuance," &c. Sir Charles Grey added a minute to this Report, at the end of which, in a note, he speaks of certain notes that he had made on different subjects, one of which is the Union of the two Provinces ; but, if these notes were given into the Colonial Secretary, they have not been pub- lished, so that his opinions on these points are not known. — There is also a statement from Sir George Gipps added to the same Report in which, under the head of " Changes in the Constitution of the Province," there is a suggestion, that, in- stead of giving Montreal to Upper Canada, it might be declared "an absolutely free trading port," &c. &c. He has not ex- plained fully, and without explanation, it is not easy to compre- hend how his suggestion could be carried into effect, in such a manner as to afford a remedy for these increasing difficulties. — As to the wish that each Province may be enabled to raise and regulate its ov;.n revenue, a slight consideration of the trade car- D A. .'JO riod on l)otwecn tlicm, whicli centres cliietly in Montreal, and for timber, partly in Quebec, added to tbeir jrooirrapbical posi- tion, will clearly sbew tbat it is utterly impracticable ; as was foretold, in the quotation already j^iven from Mr Lymburner's paper. It is proper to notice, more particularly, the opinion of Sir Charles Grey, expressed in the conclusion of his minute annexed to the General Report. He there refers to what the minister of the day, Mr Pitt, stated, in debate, the 11th May, 1791, as his reasons for dividinn enemies. It must l)e home in mind, as has been adverted to already, that several members of the House of Commons condenmed tlie policy of dividin too-ether in Englisli only, being the original or text : and an au- thorized transhition would be required, separately, for the use of those entitled to copies of the laws, and who do not under- stand English; with some extra copies for sale at the same price as the original text. The debates and proceedings will be translated in the daily papers, as heretofore, for the infor- mation of their subscribers and the public. The provision in the Bill of 1822, requiring the debates to be also in English, at the end of fifteen years, was very ill-judged and could not easily have been enforced ; in fact, it looked like an infringe- ment on the liberty of speech, and may be called over legislat- iiuj : for, if the practice be adopted of using only English, in the written daily proceedings, it will follow in time as a matter of course, that the debates will also be in that language. There are other reasons in favour of using only English in the daily proceedings ; however, I shall notice only the great saving of precious time, a matter of considerable importance, especially when the representatives are paid, as at present, for their atten- dance. Neither ought the electors to complain nor think it a hard case; for, as I understand, there are many electors, in Ire- land, Scotland and Wales, who do not understand English, and still more who cannot speak it; yet, in the debates and proceed- ings of the Imperial Parliament, nothing is used but English, though perhaps not always quite pure ; and the acts are printed in that language, without giving any translations. The English ought also to be used as much as possible in the Courts of Law, which, it is believed is already the case, when it can be done without impeding the course of justice. This, however, must be left to the judges and gentlemen of the bar, as being most competent to decide on what changes, if any, are proper to be made in that respect. The laws in many respects require also to be amended, and something may probably be effected in that respect in this Province, even before the Union takes place, by the intervention of the Imperial Parliament; our own Provincial Legislature being suspended, in consequence of the popular branch having committed political suicide. It is gratifying to observe that " the Loyal Canadian Association of Montreal," in a dec.'laiation dated first of February, 1838, ad- N II :)ti niits, that many amendments and improvements are required in the laws of the Province, which the members will labour to ef- fect.* But, they are strenuously opposed to the Union of the Canadas: that opposition will doubtless be diminished or vanish altogether, should the following scheme and suggestions be adopted. The principal and most difficult part of which, is, to secure to the Roman Catholic Clergy their present support, even when lands in the country parishes come into the posses- sion of those who do not belong to their communion. In order to do this effectually and to avoid future mischief and difficul- ties, it will be requisite to appoint Commissioners in every county, or to ascertain by some means, what quantity of grain, &c. each farm in every parish, has contributed towards the sup- port of the Priest for the last tHree years, or any greater or less number that may be considered necessary. Then the lands to be made liable to the Priest of the parish for the average quan- tity of these years, to be paid annually in kind by the owner or occupier of the farm, no matter to what church he may belong. This is a more equitable and secure maintenance for the cler- gyman than tithes, or a certain proportion of each year's crop, or than a fixed annual allowance in money, the value of which is so liable to fluctuation. Besides, a proportion of the yearly crop would only increase the present evil, by operating as a tax on industry, and bringing the inhabitants of the parish, especially those not of his church, into collision with the Priest. But, by the proposed plan, any person leasing or purchasing a farm could know exactly wliat he had to furnish yearly to the Priest and would make his bargain accordingly. Something similar to this was effected in Scotland about two hundred years ago ; and improvements have been made in the present century, by the Acts, 48 Geo. III. c. 138, and 50th year same reign, c. 84 ; so that the Clergy of Scotland are now enabled to receive their teinds in money, the grain being valued at the annual current price. It is no doubt chiefly owing to these judicious laws and ar- ranoements, that we scarcely ever hear of complaints by Roman Catholics and other Dissenters in Scotland, against the payment •■ I K Sco Appendix. No, II. $ :U f- I I of teiiuls to tho Scottish Clergy. On the coiiJrary, there ap- pears to exist more cordiality there, between dilFerent denomi- nations of Christians, than in other parts of the United Kingdom. As an illustration and confirmation of this, I may refer to Wellwood's Life of Erskine, published in 1818. He gives a letter to Dr Erskine, from the celebrated Mr Burke, dated in June, 1779 : and after making some observations on the state of public feeling at that period, which produced serious disturbances in Scotland, and the terrible riot in Lon- don, in 1780, Sir H, M. Wellwood then speaks of the contrast at the time he was writing, twenty years ago. The following passage is selected from his remarks on that head, page 311, " Since that time the disabilities, which affected the Catholics, with regard to their property, htrie been, in a great measure, removed, without having created any opposition, or excited any discontent or alarm; and even the right of presenting to a church benefice in Scotland, has not been withheld from a Catholic patron." As to what is called the voluntary system, which has made some noise for a few years in Scotland, it may be con- sidered as a temporary clamour, and, by being properly met and treated, it may be soon expected to subside. It may also be taken into consideration, in examining the details of the pro- posed measure, whether some provision might not be made for the support of Roman Catholic Priests in the unconceded parts of Seigneuries, or in other places, where Catholic subjects might wish to settle. The want of something of that kind, appears to be one great reason which prevents them from leaving their native parishes and forming new settlements. It is not improbable that some of both clergy and laity of the two Protestant Churches of Great Britain, will exclaim against the whole of this plan, and insist that a Protestant Government ought not to cherish and perpetuate superstition and idolatry ! Without attempting either to expose or palliate the errors of the Church of Rome, which must be left to those properly qualified by education and study, I shall merely observe that she agrees with us in the great essential truths of Christianity, as contained in the Apostles' creed ; the Lord's prayer is also tho same in their catechism ; but the ten commandments differ somewhat. M 05 ;« though they are not absolutely contradictory to our translation. A gentleman of that Church, lately deceased, used to say "that they believed all we did, and a good deal more." The same thing is also noticed in the memoirs of the great Sully, for the year 1604, as may be seen in a translation, printed at Edin- burgh, in 1773: the original work I have not met with. It must not be forgotten, also, that all the efforts hitherto made to convert the Roman Catholics of Lower Canada, have signally failed of success ; and it may now be considered hope- less, unless some new and more efficacious scheme be devised for that purpose. It was generally believed, and is now evident that the Royal Institution for the advance^nent of Learning was expected to be the means of bringing up many of the rising generation to the English Church ; which may be inferred, in- dependently of its subsequent policy, from the members being selected chiefly from that church, with the Bishop as Principal:'' but the measure did little more than creating jealousies, without attaining the chief object in view. But farther, the act of 1774, and our Constitutional Act, in 1791, provided that the Roman Catholic Clergy should enjoy all their rights, dues, &c. " with respect to such persons only as profess the said religion." It is farther enacted, that Protestants shall pay tithes, so as to form a fund for the maintenance of : Protestant Clergy ; but tithes have never been collected from Protestant proprietors of farms, and cannot now be collected, after this enactment has remained so long a dead letter. So that in practice, though not by the letter of the law, whenever a cultivated farm in a Roman Catholic parish is sold to a Protestant, which is frequently the case, the Priest loses his tithe or dues, and the purchaser pays none. This will sufficiently account for the great aversion manifested by the French Canadians to the settlement among them, of emigrants from the British Isles, many of whom are Protestants ; particularly when they are threatened with the ex- tinction of their institutions, language and laws. It may be observed that, institutions being a general term, may perhaps be >> See Neilson's Quebec Almanack ; I have not a regular series to consult, but that for 1822 is sufficient. m li ■is' understood to include even tlie Seminaries of learning where their Priests are educated. It deserves to be particular!)' noticed, as an important fact, that, since Protestants pay no tithes, a pecuniary temptation or premium is thereby held out for Roman Catholic farmers to join either of the Protestant Churches, or some of the Dissenters from them ; yet we have not heard of a single convert being made from among the far- mers, whether French Canadians or Roman Catholic emigrants from the old country, considerable numbers of whom must have settled in this Province, especially within the last twenty-five years. It thus appears that, notwithstanding this accidental induce- ment, and all the means used since the cession of the country, yet the conversion of the inhabitants to the English Church has made no progress ; but they are attached, as much as ever, to the Church of Rome. Is it not, therefore, the best policy to make no further exertions to prevent it ; but, rather to give them more facility to educate young men for their church, and to support them in a respectable manner after they are ordained. But there is yet a stronger reason than the good policy of the measure ; it is a stipulation in the treaty by which Canada was ceded to the crown of Great Britain. The following extract from the fourth article, which is placed at the beginning of our Provincial Statute Book, contains all that relates to this matter in the treaty. " His Britannic Majesty, on his side, agrees to grant the liberty of the Catholic religion to the inhabitants of Canada : he will consequently give the most effectual orders, that his nev/ Roman Catholic subjects may profess the worship of their religion, according to the rites of the Romish Church, as far as the laws of Great Britain permit." The British Parliament, in the Act, (14, Geo. III. c. 83,) framed an oath of allegiance expressly for the new Canadian subjects who might be appointed to certain offices ; which is again enacted, with some additional words, in the Constitutional Act, (31, Geo. III. c. 31). So that the only thing of much moment then remaining, not permitted by the laws of Great Britain, was the Ecclesiastical and, in some cases perhaps, tem- poral jurisdiction usurped or assumed by the Roman Pontiff; 87 which is prohibited by the Statute, 1, El. ch. I. This difficulty appears to have been amicably arranged to the satisfaction of both parties; for no complaints arising therefrom, have ever been heard publicly from either side. And, as this relates chiefly, if not entirely, to the Royal prerogative ; if the Sove- reign and Privy Councillors are satisfied, surely no others have a right to complain, and least of all the Protestant subjects of a distant Colony like Canada. I have not hesitated to recommend the use of the English language only, in all the written daily proceedings of the Legis- lature, and also in the Courts of Justice, when not incompatible with the ends for which these courts are constituted. Because, it is only from an indulgence, if not a mistaken policy, of the Executive Government, that this did not take place before. — The former laws were also continued, or rather resumed after being laid aside for ten years, by the Act of 1774; and, as neither their laws nor language were guaranteed at the cession of the country, there ought to be no hesitation on one side, nor complaint on the other, in consequence of the changes that are so much required for the public good. But it is quite different in regard to their religion, which is secured to them by treaty ; and it would be ungenerous as well as unjust, in a powerful nation like Great Britain not to observe it religiously towards a weak colony like this. It must not be merely a toleration, as contended for in the letter to Lord Liverpool already referred to, but the free and secure exercise of their religion, with all its rites and ceremonies. And, if this be secured to the French Canadians, as they are frequently called, in such a manner as to be unalterable by the United Legislature of the two Provinces ; there can be little doubt that it would reconcile them to the Union, with the necessary changes in the laws of Lower Canada, and to the disuse of their language, as abovementioned. Perhaps, even to the Governor's approbation being required, of the Priest or Cure, which their Bishop is about to place in a vacant parish. It is not, however, desirable by any means, that their lan- guage should fall into disuse or be discouraged more than is absolutely necessary. For, there can be no doubt that, with the '1 \, i-i; £ dd free exercise and security of their religion, and the use of their language (which it would be impolitic and is impossible to abolish entirely) they will form the strongest bulwark against the flood of infidelity on the one hand, and of religious fanati- cism on the other, with which we are endangered by unprincipled adventurers from the old country, and more especially from among our southern neighbours. The Canadian priesthood and intelligent laymen, have, for a long time, been well aware and duly sensible of the many advantages they enjoy under the Monarchial Government of Britain, compared with what they might expect, were the United States to become masters of this country. The atrocious calumnies, widely circulated and believed by many, against their Nuns and Priests in the name of Maria Monk ; together with the total destruction of a nunnery near Boston by a frantic mob, for which the State could not or would not grant any compensation, have very recently exhibited the contrast in strong colours. The Priests, from the influence they possess over their flocks, have, generally, been always a strong support to the British Government in this Province. At the siege of Quebec, in 1773-76; during the progress of the sanguinary French Revolution, when exertions were made to revolutionize this country; also in the war with the United States, begun in 1812;' and, lastly, the late insurrection in the District of Montreal would undoubtedly have been much more extensive and alarming, had the Priests not exerted themselves to prevent it. For these reasons, and for the benefit of the inhabitants of Montreal generally, it may be hoped the Government will be induced without delay, to settle the existing difficulties with the Saint Sulpicians, as Seigneurs of the island, in conformity with their offer and with the recommendation of the Royal Commis- sioners of Enquiry. The laws of Great Britain, relating to ecclesiastical affairs have never been generally extended to the Colonies, though in some cases they have. But they are much mitigated and re- laxed of late years, particularly since the Catholic Emancipation ' See Appendix, No. III. Bill passed into a law (10, Geo. IV. c. 7.). The supreme Le- gislature of the Empire having wisely and liberally followed up the suggestion and recommendation of Sir W. Blackstone, in 1765. After stating various penal and disabling enactments made at different times against the papists, he adds, " But if a time should ever^arrive, and perhaps it is not very distant, when all fears of a Pretender shall have vanished, and the power of the Pope shall become feeble, ridiculous, and despic- able, not onlyjn England but in every kingdom of Europe, it probably would not then be amiss to review and soften these rigorous edicts ; at least till the civil principles of the Roman Catholics called again upon the Legislature to renew them: for it ought not to be left in the breast of every merciless bigot, to drag down the vengeance of these occasional laws, upon inoffen- sive, though mistaken subjects, in opposition to the lenient in- clinations of the civil magistrate, and to the destruction of every principle of toleration and religious liberty.'"' Before quitting this part of the subject, I must endeavour to obviate and remove an objection or opinion started by Mr Ques- nel, advocate, which is plausible ond may perhaps appear just to many others, besides him. In the Appendix to the Fifth Report of the Commissioners of Enquiry, page 180, his exami- nation by them is given. Regarding the property held by the Seminary of Montreal, the question is put, " Have you formed any opinion on the right to that property ? I have. The Law of Nations materially influences the question. A capitulation must be held sacred, as the expression of the conditions on which a nation or a province is surrendered. In Canada, in the capitulation of 1760, it is stipulated, that the religious com- munities shall hold their property, moveables, seigneuries, &c. &c.; and this was granted. The subsequent treaty of peace, in 1763, contained nothing to alter the capitulation; but, on the contrary, by its silence, acquiesced in that agreement. How the Imperial Legislature afterwards, in 1774, in recognizing the laws and property of the country, made an exception of the re- ligious communities, is to me inexplicable. The law is strong, ^ Commentaries, vol, iv. page 57. 40 ;iii(l I sui)pose we must defer to it ; but I cannot feel that (>y that Act, passed so long after the solemn capitulation, which had been tacitly confirmed by the succeeding treaty of peace, the Seminary could justly be deprived of its property." At first sight there appears a discrepancy between some ar- ticles of the capitulation and the treaty of peace ; but not between the latter and the Act of 1774. However, after looking more attentively into the treaty and capitulation, the difficulty of re- conciling them will disappear. In the capitulation of Quebec the preceding year, the sixth article asks for protection of the communities and the exercise of the Roman religion, &c. more in detail ; but only " until the possession of Canada shall be decided by a treaty between their most Christian and Britannic Majesties :" which was granted. The thirteenth article of the capitulation signed at Montreal, asks certain conditions in case news of peace should arrive and Canada remain to the King of France, before the embarkation of the Marquis of Vaudreuil, &c. The answer was, " whatever the King may have done on this subject, shall be obeyed." The demand in article twenty- seventh, was granted in part ; the rest was to depend on the King's pleasure. The demand in the thirtieth article, which was refused, was made on the supposition of Canada remaining in possession of the Crown of Great Britain. On the other hand the treaty also contains some restrictions and provisions, not to be found in the capitulation : such as granting to those that wished to leave Canada, eighteen months to dispose of their property, &c. and restricting the sale of their estates, to be made only to British subjects ; likewise, in granting the liberty of the Catholic religion, &c. it was to be done, " as far as the laws of Great Britain permit." It must be well attended to, that some of the articles of capitulation were to be in force only until the conclusion of a definitive treaty, that others regarding the prisoners, &c. were executed without delay ; and that those who negociated them were not specially appointed for that pur- pose, and cannot be supposed much conversant in such matters : whereas, the definitive treaty was concluded by able negociators, who had full powers from their respective Sovereigns expressly for the purpose ; and contains no mention nor allusion to anv by ich ce. 41 capitulations, though the preliminaries of peace, signed 3d November, are referred to. From all these considerations and reasons, we come irresistibly to the conclusion, that, where the treaty does not refer to, and confirm the capitulation in any particular, the latter, in place of being acquiesced in, is super- seded by the former, which is subsequent thereto, and of a nature much more formal and solemn. Moreover, the definitive treaty of 1763, cedes to Great Britain, Mobile and other territories on the left side of the Missisippi; and likewise, by the ninth article cedes the islands of Grenada and the Grenadines. It does not appear whether or not any capitulations had been en- tered into for these places ; but these cessions, in both the 7th and 9th articles, are made, "with the same stipulations in fav- our of the inhabitants of this colony, inserted in the fourth ar- ticle for those of Canada." But farther, the King of Spain was also a party to that treaty, and in consequence of conquests made in the Island of Cuba being restored to him, he cedes to Great Britain, by the 20th article, "Florida, with Fort St. Augustin," &c. Now, in the capitulation of the Havannah, by articles 6, 7, and 8, much more detailed and full freedom and scope were granted to the religion of the inhabitants than to those of Canada by the capitulation of Montreal ; and it might be supposed that his Catho!ic Majesty would have claimed the same for the inhabitants of Florida, as had been granted in the capitulation of the Havannah ; but the words, though not pre- cisely the same, are of the same import as in the 4th article: to wit, " His Britannic Majesty agrees, on his side, to grant to the inhabitants of the countries, above ceded, the liberty of the Catholic religion, he will consequently give the most express and the most effectual orders, that his new Roman Catholic subjects may profess the worship of their religion, according to the rites of the Romish Church, as far as the laws of Great Britain permit."' Some persons may perhaps think, that more has been said than is necessary on this point; but it is an object '1 ■f i^i' ' The capitulations of Montreal and of the Havannah, with the definitive treaty of 1763, may be seen in the Annual Register for the years 1760 and 1762. ■ f^iimnB iTniii rtft°" ,m4»-' 42 ■ ■'■■ '■ ^\M' of mucli importance, to vindicate the British ParUament, when it can so easily be done, against the insinuation of having passed an Act contrary to the stipulations of a solemn treaty. It may, however, be observed, that " the liberty of the Catholic reli- gion" could not well be enjoyed, were the King to deprive the inhabitants, by a suit at law, of one of their principal institutions for the education of young men for their church. In this mat- ter, the Government seems to have acted upon the noble maxim of King John of France, " though good faith were banished irom the rest of the earth, she ought still to retain her habita- tion in the breasts of princes.'"" As the salic law does not ob- tain in the British dominions, we may add, and princesses. Accordingly, the evils attending the exaction of lods et ventes in the City of Montreal, have not been sought to be removed otherwise than by amicable negociations with the Priests of the Montreal Seminary, notwithstanding all that has been urged by individuals, in favour of a different mode of proceeding. By this amicable method we may hope soon to see the object finally accomplished, to the satisfaction of all parties. There are difficulties now in effecting the re-union of the Canadas that did not exist when the attempt was formerly made ; the following may be mentioned, as being the most con- siderable. The criminal law at that time was nearly the same in both Provinces, no very material changes having been made it is believed in either, upon the criminal law of England as it stood in 1774, when it was introduced, by Act of Parliament, into the Province of Quebec. In this Province not many al- terations have yet been made ; whereas in the sister Province, by following the example of the Imperial Parliament, in which Sir Robert Peel's labours were conspicuous, the Provincial Le- gislature, within a few years, has very much changed and miti- gated the criminal code, especially by the Act third of Will. IV. c. 4. This circumstance, added to the great difference between their other laws, suggests the expediency and necessity of hav- ing different Judges after the Union, for those parts that are now distinct Provinces; at least until their laws become more "> Hume's History, Edward III. A. D. 1363. 43 assimilated, if such should over be the case. Tiie Judges for the part now forming I^wer Canada, ought, as at present, to understand, and be able to speak from the Bench, both English and French. There is another matter that will require serious deliberation and perhaps occasion some difficulty before it can be satisfac- torily adjusted. Lower Canada is free from debt : whereas the public debt of Upper Canada has been increasing for several years and is now very considerable. At a conference between the two Houses in February, 1838, the members attending on behalf of the Council, stated, as the chief reason for not pass- ing several money bills, " that the debt of the Province already amounts to more than one million currency." It is proper here to notice an unusual proceeding, which, so far as my information goes, is without a single precedent. The House of Assembly of that Province, last session, agreed upon an address to Her Majesty, praying that she would be graciously pleased to re- commend to Her Parliament to pass an Act imposing a duty of 2^ per cent, ad valorem, on imports into Lower Canada, to be applied to the payment of interest on the debt of Upper Canada, &c. This is not mentioned for the purpose of offering an opinion on the propriety or impropriety of the proposed measure ; but merely to point it out as a consequence of divid- ing the former Province of Quebec. The House of Assembly also framed an address to the Throne, accompanied by a series of Resolutions and the Report of a Special Committee on the political state of the Canadas, and recommending their being united on certain conditions, some of which will probably be considered inadmissible ; but it is not necessary to make many observations thereon. It is, however, proper to notice that they have fallen into some mistakes, through inadvertence and inat- tention to recent events and to the History of Canada since its cession to the Crown of Great Britain. For example, at page 7 of the Report, it is stated that disaffection in Lower Canada is exclusively confined to Canadians of French origin, from a " hatred of British rule and British connexion ;" and, though this assertion is somewhat qualified in page 16, yet even there it is not correctly stated. For, on examination it will, I am -r*t MBOS^ 44 i ; persuatled, appear evident that, in proportion to the relative numbers of the two races, tlierc are nearly, if not fully, as many disaffected persons and traitors, of the leaders at least, among those of British and Irish birth and descent, as among the French Canadians. These leaders it is clear, have a dislike or hatred not only to British rule, but also to rule of evvri/ des- cription; for their ambition and hearts* desire is bent on becom- ing themselves rnhrs ! At page 22, there is a boast of the loyalty and exalted patriotism of the Upper Canadians: now, though this is readily admitted to be the real character of the inhabitants generally, yet truth requires they should be put in mind that, at different periods, there have been many excep- tions, who created much agitation and internal disquiet ; more indeed or fully as much as existed in this Province, until the late troubles which produced an open rebellion last year. It then soon became evident that the conspiracy extended also to Upper Canada, and had been hatching for several years. There are still many persons living in that Province who must distinctly remember the intestine excitement and troubles, for about ten years preceding the war of 1812, connected wiili the names of William Weekes, John Mills Jackson, Joseph Will- cocks, Judge Thorpe, and Mr Wyatt. Shortly after the peace, much agitation and trouble was also occasioned, for a few years, by Robert Gourlay. When the war broke out with the United States many people left the Province and joined the enemy, among whom were three men who were at the time, or had been formerly, members of the House of Assembly; their names were Willcocks, above mentioned, Merckle or Marcle, and Mallory. So many had left their homes and turned traitors, that they formed a battalion in the enemy's ranks, called the " Canadian Volunteers," under the command of Joseph Will- cocks, who was killed in a skirmish near Fort Erie. A death too honorable for such a man, as was remarked at the time. On the shore of Lake Erie, eighteen traitors were taken in arms, having joined a party of the enemy to plunder their fellow sub- jects, in the Autumn of 1813. They were tried at Ancaster; and fifteen were convicted, of whom eight suffered for their '^ it!! 4; crimes." In Lower C'aiiiula llio Milifia (uukmI t>iit l»ravel\ lo defend their country ; and it is not known that any of thent ever deserted to the enemy or were concerned in any treasonahio practices. The Mihtia of U[)|)er ('anada also did their (hity, in general, most valiantly and perseveringly ; and these excep- tions and particulars arc stated, merely to show that they have hcen overlooked hv the Assembly of that Province, in estimat- injr the loyalty of the Canadas. It is not with the intention of increasing or creating loyalty in the ( anada;-', that I recommend their being re-united, though that is very desirable, if it could, with certainty, be depended on as a conserpience of their Union; but it is to cure the evils and remove the complaints of Upper Canada, arising from the want of a seaport and the diffi- culty, we may say the impossibility, of aj)portioning the public revenue, so as to give satisfaction to both Provinces. Some sections of the United Province would no doubt occasionally be dissatisfied with their shares of money granted for public im- provements, &c. and this has sometimes occurred in Lower Canada between Quebec and Montreal ; particularly in regard to the duties levied on imports, many years ago, for building jails in the different Districts : but such local complaints cannot be attended with any permanently bad consequences. The As- sembly suggest the annexation of a considerable part of the Lower to the Upper Province; or a Legislative Union of all the British North American Provinces. The Legislative Council of Upper Canada suggest, and seem to recommend, something like a Federal Union of these Provinces. But, let any person consider and examine all the three schemes in detail, how they are to be effected and in what manner they would operate, and, if I am not much mistaken, he will soon be convinced that none of them could cure or remove the difficulties that were foretold " Those who arc too young to remember these circumstances, will find them fully detailed in William James's Military Occurrences, two volumes. On the return of peace the Prince Regent gave up the forfeited estates of traitors, towards indemnifying the sufferers by the war in Upper Canada. In consequence, a Provincial Act was passed (58, Geo. III. c. 12,) to authorize the appointment of Commissioners, &c. and to regulate the disposal of these estates, which appear, from the preamble, to Invc Ixhmi iiuniiM-dus. F 46 by Mr Lymburner, in 1791, and which now actually exist, and have existed for many years, between Upper and Lower Canada. It cannot, however, be expected that the Union will operate immediately as a talisman or specific remedy for all complaints; on the contrary, it will require some time and a little forbear- ance from all parties, before its beneficial effects can be sensibly felt and seen. And, while the Mother Country does not relinquish the power of disallowing Provincial Acts, neither Province has much to fear from the Union. This power, to be sure, has seldom been brought into action : one instance I re- collect several years ago in Upper Canada, regarding the will of a person who had acquired property in the Province, though an alien, which was afterwards satisfactorily arranged : another case occurred in this Province, not more than three or four years ago, in consequence of some improper enactments in an election law. The reservation of such a power by the Supreme Go- vernment, and the knowledge that it will be exercised when necessary, must prove a strong check on the Provincial Legis- latures. Some people in each Province seem to view the proposed Union with awe, as an event that will likely be followed by dire effects. This alarm is probably natural to mankind, when con- templating any change about to take place in their condition or government, and even in more trivial matters. Thus, in the year 1748, on the return of peace in Britain, the increase of commerce and manufacture brought also a tide of luxury, im- morality and profligacy ; and the erection of new turnpikes was considered, in some parts of the Island, as a great evil and was forcibly resisted. " The whole land was overspread with a succession of tumult, riot, and insurrection, excited in different parts of the kingdom by the erection of new turnpikes, which the Legislature judged necessary for the convenience of inland carriage. In order to quels these disturbances, recourse was had to the military power; several individuals were slain, and some were executed as examples."" I have also read, (but forget where) that when the change from old to new style was under ° Smollett's History. Vol. iii. book 3, cli. i. section 29. X ■> ■! Ill' 47 im- consideration, only three years afterwards, the whole country, from John o' Groats* House to the land's end, was in anxiety and dread of the consequences ! Yet the inhabitants of Britain have long ago been reconciled to the payment of toll at the turnpikes, and to the change of style. S»ch, I am confident will also be the case after the Union of the Canadas, if effected on proper principles and with due precautions. The measure is urged, chiefly on t;he ground that it is absolutely necessary to avert greater evils. If "each Province could be enabled to raise and regulate its own revenue," then they might be allowed to remain as at present ; but, owing to their geographical posi- tion, that is impracticable. There is yet another strong reason for the Union, which must be noticed : when forming only one Province, the inhabitants will be mucli more able and efficient in quelling any intestine commotion and in resisting foreign ag- gressions, than they can possibly be when separate. This reason was urged by the minority, on the question of the Union, in the Legislative Council of this Province, in 1823, and ap- pears on their Journal. In perusing the Report adopted last Session by the Legis- lative Council of Upper Canada, it is a disappointment to me, that they have not entered into some details, as to the principles and terms on which they consider the Union might be effected; more particularly as it was attempted, without success, fifteen years ago, and has often since occupied the public attention. — There is, however, one paragraph of the Report, in reference to Lower Canada, which strikes me forcibly, as well deserving of attention and serious consideration. It occurs in page 64, as follows : " Your Committee do not hesitate to say, that a representa- tive form of Constitution should never have been conferred on any Colony, until the administration of Justice, and the neces- sary charges for the Civil Government, had been so provided for as to secure them against the caprice of either branch of the Legislature — or at least the passing an Act for that pur- pose, in the first Session, should have been the condition on which alone their charter should continue in force; and such an Act would be the best evidence a Colony coidd give of its de- 48 sire to guard tlie integrity of its institutions. Tiie observation of what has passed in Lower Canada within the last twenty vears can leave no doubt on this point." We shall now refer more particularly to the provisions and enactments of our Constitutional Act, (31, Geo. III. c. 31,) as they have been interpreted and acted upon, at different times, in the Canadas. It has been already stated that the Legisla- tures of these Provinces have generally acted on the untenable assumption that the Church of England is the Established Church in these and all the other Colonies, which has proved unjust and injurious to the claims and rights of the Church of Scotland. It would be tedious and not interesting to enter much into detail on this point ; it is therefore considered suffi- cient to refer briefly to some of their Acts. In LTpper Canada, the 33, Geo. III. c. 5, gives powei- and authority to Justices of the Peace to solemnize marriages, where no minister of the English Church resides within a limited distance ; but ministers of the Scottish Church are not mentioned, thereby giving a preference over the latter to Justices of the Peace (as far as a Provincial Act can do it). The Act, 38, Geo. III. c. 4, reser- ved for His Majesty's pleasure, authorizes ministers or clergy- men of the Scottish Church to celebrate matrimony, under certain conditions and restrictions, not at all flattering ; but, on the contrary, degrading to the ministers and other members of that Church. The next Act worthy of notice is the 9, Geo. IV. c. 2, passed in 1828, "for the relief of the Religious So- cieties therein mentioned." It enumerates ten different de- nominations of Christians, to whom, under a prescribed form, power is given to hold land in perpetuity, but not more than Jive acres for any one congregation. At the head of the list are placed Presbyterians^ which of course includes the Church of Scotland. The last Act on this subject, that I am aware of (not having seen those of several of the latest Sessions) is the 1, Will. IV. c. 1, passed in 1831, to make valid certain mar- riages, &c. It prescribes rules for registering marriages ; and that the clergyman or minister must obtain a certificate from the Justices in Quarter Sessions of the Peace, &c. before he isions extend I 'I -t- ? [•nnonv, l» inne 40 and ten different denominations, at the head of which are placed " Members of the Church of Scotland." The only movement, that I am aware of, by the Legislature of Upper Canada (and that was by the Assembly alone) is a petition to the King in 1824, which is introduced into the evidence of Mr J. C. Grant, before the Canada Committee of the House of Commons, on the 17th June, 1828. In Lower Canada there is no objection against the first Act (35, Geo. III. c. 4,) relative to the Registry of Marriages, &c. But, in 1804 another Act was passed (44, Geo. III. c. 11,) "to confirm certain marriages therein mentioned," which is very in- imical, though in a covert manner, to the Scottish Church. It consists of two Sections only ; the first confirms certain mar- riages, including those previously solemnized by ministers of our Church, with respect to which no doubts had ever before been raised ; the second clause takes special care, in the last sentence, to enact that nothing in the Act shall be construed or taken "to confirm any marriage which shall be celebrated after the passing of this Act." Thus raising doubts and then dis- pelling them, so far as relates to the past ; but, at the end leav- ing them in full force for the future ; which occasioned some wag to remark, that this Act, like a wasp, carried the sting in its tail. A similar Act was passed several years after, (1, Geo. IV. c. 19,) regarding marriages in the Inferior District of Gaspe. In 1827, an Act (7, Geo. IV. c. 2,) was passed with some diffi- culty, by the exertions of a late much esteemed legislator/ to prevent the bad consequences that might possibly ensue to indi- viduals or to the community by allowing such Acts to remain on the Statute Book without amendment. The last of this de- scription is the Act, 10 and 11, Geo. IV. c. 58, "for the relief of certain Religious Congregations therein mentioned." This seems to be an imitation and of course is intended as an im- provement of the Upper Canada Act of 1828: and, instead of specifying different denominations, it is for the relief of " any Religious Congregation or Society of Christians." They are p The Hon. John Richardson, a member <»f the Tie;.nsl;itive and Executive Councils. :)0 onabled, bv appoiniinof irustot'^ Cvc. to hoUi onl\ citjht ar/xnts (an nrjk-iit boiiig noarly ;m aor\') of land in the country : ;uk1 in town^ no moro than halt* an arfn'ttL for iho use of any one cou- trrt^iration. It is somewhat sin^ihvr and appears as an anomalv, that two Acts have been ^visseil within the hist eight years, to incorporate the couirri^irations of two Scottish Churches in the City of Quebec: the 10 and II. Goo. IV. c. 57, ;uid 1, Will. IV. c .*>.*): they wert^ both reserved by the Governor, and in due time received His Majesty's assent. Kach congrciration is enabled to purclutse. accept by gift, or otherwise to aci|uia^ real estate, and to sell or dispose of the s;vme: but are rt^straineil from hoUliuir mon.^ than to the annual value o{ eiirht liundreii pounds sterling at one time, for each congr^^inition. And, when a minister is appointed, he must be apprvned of by the Gover- nor before he enter on his ministerial duties. In Upper Canada the most conspicuous and zeiUous ad- vocates of the exclusive claims of the English Church are Dr Strachan, the venerable Archdeacon of Toronto, in the Le- irislative Council : and in the House of Assemblv, Mr Haijer- man, now Attorney General. When Solicitor General, in lS3o, he made a long elaborate speech, intended to prove the legal right of that Church to all the lands >et apart for the su^v port of "a Pnnestant Clenry," and to the right of beini: the K^tiihlisfuti Church in all the British Colonies.'' These claims were denied by some speakers on the other side, but none of them seemed fully prepared to controvert in a proper manner, the doctrines that he advanctxl, by referring to authorities and meetinii him on his own irround. This occasioned a lonor article to appear sometime afterwards, in an Upper Canada newspaper, containing remarks on his speech and endeavouring to n^fute the claims he put forth on behalf of the English Church.' The sptvch of the Solicitor Gciurtil on such an interesting ipiestion was of course copied into all the papers of any consequence in the Prmince and gvnorallv read: while the louir remarks to which it g-ave rise, were inserted only in the paper to which they were addressed, and being anonymous. weri\ it mav be pre- ' Siv ApjHMi.nx, No. IV. ' !*oo .\ppondix. No. V. 51 >ia vAHUa prvHlllOO MO ll suuiovU roail b) ouIn a \orN tVw porsoiiN, ;iiui etVeot on the public opinion. Tliis and jvrhap.'J other causes, soenis to h.ivo oniboUlonod Mr Huijvrnian, tor in lf>"^7. only two years after, when the s;\n)e subject was uniler consideration, he made a speech in the House, very unbeconnnij ilie situation ho held ;uid t!ie place whert^ ho stood: and which. I may ven- ture to s;»v, has few if any ^virallels, for its vitu^vration, hostile spirit and irritatinjr lan»ru;ii;e towanis the Scottish Churcl\.* This spetvh, thoug^h not so injurious to our real inten.»sts as that delivered in l8iK>, vet had the etVect of arv^usiui: the nuMubers of oiir Church, and occasioned the mission of Mr Morris to London. The Acts incorporatiuiT two cono;n\*rnt\ons in Quebec wen.* obtiiined with much trouble, and it is believed at considerable expense. The other Acts of both lV>vinces, for the "ri'lief of certain coniireij-ations" includiuij those of the Scottish (.^luirch, seem to have been considered as valuable boons conferreil oi\ that Church, with which she ouirht to be satistied : thouoh no more than ^/r'jv acrts m one Prv>\ ince, and titfht arfHHts^ in the other, c;ui be held by any one couiiivjr.^tion, even thoujjh they find the means of purcluvsiuij pn:>perty. or receive it by jjift, or have it bei|ueathed to them I While at the s;\me time, the English Church has sot up a claim to all the lands rt\served in both Provinces for the support of "a Protestant Clerijy." And this claim is still persisted in, notwithstandino- that our Constitu- tional Act, Sections 85 and 41. enacts that the provisions reo-ardinsi* the land so reserved, v\c. ''shall Ik* subject to be varied or n*pealed." by the Provincial Loiiislatures, under the formalities and restrictions prescribed by Sectitm -1*J. Uut fur- ther, the matter was actually referrinl to the Legislatures of both Canadiis in Jaiuiary, IS'W. by nu^ssa^vs that wen* penned at the Colonial OtVice, in His late Majosty's name : as is stated in LiM'd Ctoderich's despatch to Lonl Aylmer, Ni>. 70, dated 21st November, IS*)1, and communicated to our Assentbly in November, lS«'^a. The messaijes are exactly the sanie ti> both Ix*i>islatures, chanuinii' onlv the words that obviouslv ivtunre to • Soo Apj'ouiHx, N\>. VI. il 52 be changed; and they distinctly admit and recommend the concurrent claim of the Church of Scotland.' This claim is founded, not only on the Act of Union between the two kingdoms, but also on the 81st of Geo. III.; for it is beyond a doubt that the Ministers of our Church come under the general term, a Protestant Clergy, for which the provision is made. And it was so understood, by some members at least, when the Bill was debated in the House of Commons ; and has since been declared to be so, by the opinion of the crown law- yers, in 1819. In the Commons, on the 8th April, 1791, in answer to some remarks from Mr Fox regarding the appropria- tion being too large, Mr Pitt, among other observations, said, "if it turned out to be too much in future, the state of the land appropriated to the clergy, like every thing else provided by the bill, was subject to revision." Thursday 12^/i May, in commit- tee of the whole house ; Mr Pitt spoke of Protestant Clergy, and the " Protestant Clergy of the established church," which the act gives authority to endow with lands ; and explained, " that this was done to encourage the established church, and that possibly hereafter it might be proposed to send a Bishop of the established church to At in the Legislative Council." Mr Fox disagreed with the whole of this plan. He said "he thought the Roman Catholic religion ought to be the establish- ed church of the Colony, or the Presbyterian (that of the kirk of Scotland). He conceived setting aside a seventh part of the lands granted for the maintenance of the Protestant Clergy, was too great an allotment, and that the idea of sending a Bi- shop of the established church of England to sit in the Legisla- tive Council, was in every point of view unjustifiable." Mr Duncombe and Mr Ryder said each a few words — then again — " Mr Fox still censured the whole plan, and reminded the house that Mr Dundas had, two evenings since, boasted that the security of the kirk of Scotland was its being erected on the rock of poverty : according to the provisions of the bill, Mr Fox said, even the clergy of the kirk would have larger incomes in Canada than in Scotland." (( ' See Ai)pen(lix, Nu. VII. |j 5JJ in Mr Dundas then ^avo " an historical detail of the mode of proceeding, by which the Clergy in Scotland were supported," which it is not necessary to insert in this place. From my re- collection of proceedings in the House of Peers, \A\\G\i I have not seen for several years, their Lordships passed the Bill with very little debate and without amendment. The truth seems to be, that, whatever may have been intended by the framers of the Bill and the minister who introduced it into the House of Commons, the majority overlooked the effects that might have been foreseen and have already, in part, occurred from the enactments of Section 38, that " it shall and may be lawful for His Majesty," &c. to erect " parsonages or rectories according to the establishment of the Church of Eng- land," and to endow them from time to time with the lands re- served for the support of a Protestant Clergy : while he is not invested with a similar permission or power in favour of the Church of Scotland. This omission and the effect it has pro- duced have operated the repeal of a most important part o? the fourth Article of Union between the two Kingdoms. However, as it was an incorporating, not i\ federal union, I admit that Par- liament had the strict legal right to do so. " Because the Le- gislature, being in truth the sovereign power, is always of equal, always of absolute authority : it acknowledges no superior on earth, which the prior legislature must have been, if its ordinan- ces could bind the present Parliament."" But, when I admit this absolute power in the three branches collectively, I have at the same time such confidence in their equity, sound policy, justice, and good faith, that I cannot believe the omission would have taken place, had the consequences been pointed out ; or had it been indicated, as might have been done, by some such words as the following : " Anything in the Act. of Union to the contrary notwithstanding." The fourth Article of Union is in the following words : — " That all the subjects of the United Kingdom of Great Britain shall, from and after the Union, have full Freedom and Intercourse of Trade and Navigation to and from any Port or " Blackstone Com. vol. i. p. 90. G m 54 place within the said United Kingdom, and the Dominions and Plantations thereinito belonging; and that there shall be a com- munication of all other Rights, Privileges, and Advantages, which do or may belong to the subjects of either Kingdom ; except where it is otherwise expressly agreed in these Articles." In the 5th, 6th, 7th, 8th, 11th, and some other Articles, there are certain express stipulations or provisions in favour of the subjects of one Kingdom, (regarding ships foreign built, grain or victuals, duty on salt, on windows and lights, &c.) that are not granted to those of the other, which explain the excep- tion at the end, and give an explicit and determinate meaning to every word of the fourth Article. In claiming for the Church of Scotland, in terms of this so- lemn compact, all the "Rights, Privileges, and Advantages," in the Colonies generally, and more especially in those acquired since the Union, that are enjoyed therein by the Church of England, I am not so unreasonable as to expect that they will be granted, except on the same or similar conditions (in so far as concerns our temporal interests) as are enacted for the sister Church, in Section 39 of the Constitutional Act. Namely, that the Sovereign or some person or persons (other than cler- gymen of a different Church) appointed by Royal authority, should be the patron dr patrons of our Churches. From the precedent of the two congregations already incorporated at Quebec, it may be inferred, that the approval of the clergyman by the Governor would be considered sufficient. However, I am inclined to the opinion that it would suit better for both parties, that he should give a presentation to the presbytery, in favour of the candidate for ordination : but it is difficult to say, as we have not the benefit of experience ; perhaps it might be left optional to follow either mode. If they are both contrary to the peculiar tenets held on this point by some ministers or congregations of our Church, these need not accept the endow- ment or any boon ; but may, if they choose, avail themselves of the Provincial Acts now in force ; by which they can, in coun- try places, hold ^ve acres in one Province and eiffht arpents in the other. It has occurred to me, that it would be advantageous to our 65 in Church if a Comiiiissioiier, being a hiyman, wc3re appointed by the Queen or Her Representative here, to be present at the meetings of our Synod, similar to the practice that has long obtained in the General Assembly at Edinburgh. Objections may, and no doubt will, be urged against it ; but I would ask if ever any proposal was or can be made, against which objections could not be started? Against this^ some plausible reasons may perhaps be given ; but the beneficial consequences to our in- terests, may be expected to overbalance any disadvantages that would attend its adoption. It is sufficient that I have suggested it for consideration." It is probable, and I believe certain, that many of the objec- tions, and perhaps the acrimony of some individuals, against the extension or establishment of our Church, arise from the repub- lican or democratic nature of her internal government and dis- cipline, according to what King James the sixth is reported to have said, " no Bishop, no King." The fears on that account have vanished since his time; but the prejudice against her still remains with some people.'' The recommendations and sugges- tions that I have made, if put in practice, might go far in re- moving such prepossessions: and, being in themselves reasonable and just, I hope the majority of my countrymen will coincide in my opinions on that head. Another expedient has occurred to me within the last two or three years, which, if it should be attended with success, would be of great benefit to our Church. At present, when a minister is to be ordained "to any newly formed congregation, suppose in a part of the country recently settled; before ordination the Presbytery requires from the congregation what is commonly called a bond, but is nothing more than a subscription list where the amount of individual subscriptions is expressed in figures merely. Sometimes, however, on the strength of such lists, two or three of the congregation undertake to collect the money and '■ ■ K " All and more than is here recommended, is permitted and sanctioned by our Confession of Faith, chapters 23 and 31. ♦ ' See the letter to Lord Liverpool, already mentioned, page 46 and 47 of the letter. ^!l aive a hond to the clergvnmii, though more coininonly it is only 51 written ])roinise, nut nndor spal, to ])ay him a certain sum an- nually. But, in any of these cases, it is not probahle that he could recover the money from their heirs or representatives. — And his successor could not, for want of a corporate capacity, maintain nu action ajjain;- 1 the oriixinal subscribers or the bonds- men. It is, therefore, proposed that the owners of land should be encouraged and enabled by law to burthen their farms with such an annual quantity of the produce thereof, as they may think fit, for the support of a Minister of the Scottish Church, and that he, as a sole corporation, should be enabled to receive and exact it. This allowance might be in wheat or other grain, hay, potatoes, fuel, &c. and would prove a much better and more secure support than money, which often fluctuates in value. It must remain a burthen on the property, even though that should afterwards pass into the hands of proprietors belonging to a different church : and it might be left optional with the owner to create the burthen during his lifetime or by his last will and testament. It is hardly necessary to add, that the in- cumbent may commute with the proprietors for the value in money, during his incumbency, on such terms as they may mutually agree upon. In new settlements the farmers in gene- ral are not able to do much for their clergymen ; but yet some of them might give a little assistance in this way, and it would have the great advantage of being permanent. Whether some- thing of the same nature might be attempted in the cities and towns, must be left to the consideration of others better skilled and more learned in the law than the writer. If the voluntary system, as it is called, ever produce any beneficial results, it must be carried into effect upon some plan of a nature similar to this. The remarks on Mr Hagerman's speech, in Appendix, Noi 5, are extended to great length ; but I must crave the reader's in- dulgence to add something more. He speaks much and places great reliance on the supremacy of the Sovereign, as declared by Statute First of Queen Elizabeth. Hume, in his history of that Princess during the year 1584, gives some account of the ecclesiastical court established during her reign, and concludes •,'.'« ,1 57 the ])aragr{iph l)y stating that, as its jurisdiction was clestructlvi* of all law, so its erection was deemed by many a mere usurpa- tion; "and had no other foundation than a clause of a Statute, restoring the supremacy to the Crown, and empowering the Sovereign to appoint Commissioners ibr exercising that pre- rogative. But prerogative in general, especially the supremacy, was supposed in that age to involve powers which no law, pre- cedent, or reason could limit and determine."* Long afterwards, in the Province of New York, Lord Cornbury, who was Gover- nor from 1702 to 1708, committed some illegal and very oppressive acts himself, and abetted or countenanced the same in others, under the specious pretence or colour of Queen Anne's ecclesiastical supremacy; complaints were made, and it is added by the historian : " Her Majesty graciously listened to the cries of her injured subjects, divested him of his power, and appointed Lord Lovelace in his stead; declaring that she would not countenance her nearest relations in oppressing her people."' Mr Hagerman founds, what he considers one of his strongest arguments in favour of the Church of England, upon her laws and canons, which he says declare her " to be the Established Church throughout the British dominions." On this point, I must again refer to Blackstone, vol. i. page 82 and 83. He there states what forms the body of the Roman canon law, and then adds : " Besides these pontifical collections, which during the times of Popery were received as authentic in this Island, as well as in other parts of Christendom, there is also a kind of national canon law, composed of legatirie and provincial constitutions, and adapted only to the exigencies of this church and kingdom. X The ecclesiastical court erected by this Princess, appears to have acted in p very arbitrary and illegal manner ; though she herself is said to have explained the title, "Head of the Church," assumed by her father, to mean no more than, " that, under God, she had the sovereignty and rule over all manner of persons born within her realm, either ecclesiastical or temporal ; so as no other foreign power shall or ought to have any superiority over them." Which seems to be all that is now meant by the King or Queen's supremacy over any other Church than that of England. y He was the Queen's oousi.i ; see Smith's History of New York, part iii. 08 ill Tlic legatine constitutions were ecclesiastical laws, enacted in national synods, held under the Cardinals Otho and Othobon, legatees from Pope Gregory IX. and Pope Clement IV. in the reign of King Henry III., about the years 1220 and 1268. — The provincial constitutions are principally the decrees of pro- vincial synods, held under divers Arch-Bishops of Canterbury, from Stephen Langton in the reign of Henry HI. to Henry Chiohele in the reign of Henry V. ; and adopted also by the province of York in the reign of Henry VI. At the dawn of the Reformation, in the reign of Henry VIII., it was enacted in Parliament, that a review should be h.ad of the canon law ; and, till such review should be made, all canons, constitutions, ordinances, and synodals provincial, being then already made, and not repugnant to the law of the land or the king's prerog- ative, should still be used and executed. And, as no such re- view has yet been perfected, upon this Statute now depends the authority of the canon law in England. " As for the canons enacted by the clergy under James L, in the year 1603, and never confirmed in Parliament, it has been solemnly adjuged upon the principles of law and the con- stitution, that where they are not merely declaratory of the an- tient canon law, but are introdu'^tory of new regulations, they do not bind the laity ; whatever regard the clergy may think proper to pay them." Mr Attorney General Hagerman must give the precise words of the canons he alludes to, or refer to them in such a way that others may also read them and know their import ; he must, besides, shew that they make part of " the laws and canons of the Church of England, which are lawfully made and recchml in England." But, until he shall have done all this, the argu- ment he builds thereon is founded on sand, and must fall. It seems to be an opinion entertained by many, that there must be in every state or country, some one Church or denomi- nation of Christians, that enjoy greater privileges and support than others, and are to be styled the Established Church ; this opinion, though not distinctly expressed, seems to have been en- tertained by some members of the House of Commons when our Constitutional Act was under consideration, as may be in- 50 forred from fortaiii rt'iiuuks tlirown out in delnito. This l»as always appeared to ine a mistaken opinion, even when applied to independent states, and still more so in' colonies or dependent provinces. In Great Britain, formin«T only one kingdom since the Union, there is one Church established in the southern and another in the northern part of the Island ; yet no diftlculties occur there in consequence, the pecuhar privilej^es and immuni- ties enjoyed by both, being- well understood and clearly defined by law. In consequence of this erroneous opinion, when any other Church or denomination of Christians deny the right of the English Church to be called the Estahluhed Church of Canada^ it appears ir.miediately to be inferred or assumed, that those who oppose their use of this title intend to claim it for themselves. It has no distinct legal meaning in the Colonies, that I am aware of, and appears to have been encouraged, rather by the mistaken policy of the cabinet ministers at different times, than by any positive enactment of the British or the Im- perial Parliament. At the time of the Union such a thing was never contemplated for the Colonics, as will appear by the Act itself and others therein referred to or in ])art recited. Neither is there any mention of it in the detailed history of the Union by De Foe ; on the contrary, both nations were anxious for the settlement of their religious establishments, within their respec- tive kingdoms only, which is evident from different parts of the history." It must be noticed that he was employed by Lord Go- dolphin, one of Queen Anne's ministers, and went to Scotland on matters connected wi(h the Union; which gives his history a degree of interest and authenticity that it would not other- « I allude more particularly to page 484 and following, of the London Edition in 1780 ; but the passage is too long to insert here. After adverting to the long debates, &c. in Scotland, contrasted with the despatch with which the act passed in England, he states that Episcopacy was thereby established in England and Presbytery in Scotland ; and then adds a remark that well deserves the serious attention of all parties. " At the same time, I think the matter clear, that with respect to Union, their establishment is reciprocally secure, and either kingdoms cannot now put their hand to the weakening or injuring the establish- ment of the other, without setting, at the same time, its hand to the destruction of its own constitution." 60 wise possess." But, what puts it beyond all doubt that rehgious estabhshments in the Colonies were not even thought of, is an Act of the English Parliament, (3 and 4, of Anne, c. 7,) author- ising the appointment of Commissioners, to treat of an Union of the two Kingdoms. In the last section, it is enacted and de- clared, " That the Commissioners to be named in pursuance of this Act, shall not by virtue of such Commission, treat of or concerning any Alteration of the Liturgy, Rites, Ceremonies, Discipline or Government of the Church, as by Law established within this Realm." In the " Act for securing the Church of England as by Law Established," which makes part of the Act of Union, this section is recited in the preamble, without omitting the words icithiii this Realm. This Act is for securing, not ex- tending nor establishing, the church of England in places where it was not previously established. It has, therefore, surprised me much to find that the concluding words of the coronation oath, therein prescribed, " the territories thereunto belonging," are supposed by implication to establish it or that it was pre- viously established by law in the distant dominions and planta- tions of England ; though those who hold this opinion cannot shew any other authority than these words of the oath, which evidently refer to Jersey, Guernsey, the Isle of Man, and per- haps some other small islands or territories. It may here be observed that this Act, in referring to and confirming former Acts of Parliament, " for the establishment and preservation of the Church of England," &c. specifies only two (13, of Eliza- beth and 13, Charles II.) ; but the first of Elizabeth, on which Mr Hagerman appears chiefly to found the claims of his church in the Colonies, was not considered of sufficient importance to be particularized; though it is no doubt included in );he general words, "all and singular other Acts of Parliaments, now in force," &c. &c. The word Realm, just mentioned, also occurs several times in the l22d Article of Union, and always in the sin- gular number; it is first applied to England alone, then to both Kingdoms after the ratification of the Union, when they were ■ See an account of De Foe's Life, prefixed to the edition of his History, printed in 1786. 61 to become one^ under the name of Great Britain. But, notwith- standing all this, if the Attorney General of Upper Canada and the Archdeacon of York or Toronto set to work, " And torture one poor word a thousand ways," »> They may enlarge its signification, so as to include all the do- minions and plantations that do now, or hereafter may, belong to Great Britain ! It is by this species of torture that the words, "a Protestant Clergy," have been, by some writers, restrained so as to signify only Clergy of the English Church ! The last article is short and seems intended to confirm the whole, " That all Laws p.nd Statutes in either Kingdom, so far as they are contrary to, or inconsistent with the Terms of these Articles, or any of them, shall, from and after the Union, cease and be- come void, and shall be so declared to be, by the respective Parliaments of the said Kingdoms." Having mentioned the Archdeacon of York, some notice must be taken of his letters to Mr Morris and one to his breth- ren of the clergy and laity, published last winter, first in a periodical called " The Church," and afterwards by themselves in a pamphlet. It would be tiresome and unprofitable to myself and my readers to follow him throughout, I shall, therefore, select only certain passages for observation. He and others in this country have set up an exclusive claim, on behalf of the English Church, to all the lands set apart for the support of a Protestant Clergy ; which is at variance with the opinion of the crown lawyers in 1819, and other opinions that appear in the Report and evidence collected by the Canada Committee of the House of Commons, in the year 1828. To these opinions he pays no deference, nor to the more explicit message sent to the Legislatures of both Canadas in January, 1832 ; for, when there is any appearance of their being acted upon, he talks of the vested rights of his Church, and cries out, " robbery, des- truction and spoliation of the Established Church," and again invokes "her vested rights," &c. Several times he also launches forth an implied or direct censure against the Colonial Depart- ment. In almost every page he speaks of the EstnhUshrd * II 6*2 •ill: Jl Churchi meaning to apply that term to a branch of the English Church in the Canadas. And also tells us it is, " the religion of the Sovereign and recognized by the Constitution," " the Church of the Sovereign," and "the National Church," &c. (see pages 8, 9, 11, 30, 33, 34, 47 of the pamphlet). That it is the Church of the Sovereign by a positive and explicit enact- ment of the English Parliament, which is confirmed by the Act of Union, I readily admit.'' But I deny that it is recognized by any competent authority or power, that has been pointed out, as the National Church or the Established Churchy to the exclu- sion of all other establishments, in any of the Colonies, dominions and plantations beyond the seas ; and the Sovereign is not so illiberal as to require or expect that it should be so. — As to the Acts of Upper Canada, referred to by Mr Hager- man, also some of those passed in JiOwer Canada ; they do not in my mind support his argument, but in general are rather to be considered as.exarwples of the Provincial Legislatures, in- cluding the Governors, having overstept the minute and positive restrictions imposed upon them by Section 42 of their Constitu- tional Act. I have not the same means of knowing the Con- stitution of Nova Scotia, but believe the Legislature must also have exceeded its legitimate power in passing the Act of 1758, referred to in the Appendix, No. 5. The Archdeacon in his third letter, page 15, informs us that, by the treaty of Union, members of the English Church are dissenters' in Scotland, and on the other hand, members of the Scottish Church are dissenters in England; which has never been denied by either party. But, in the conclusion of the same paragraph, he informs us of something new that we had not discovered before; to wit, that members of the Scottish Church are also dissenters, "by the fundamental articles of ^ At the Revolution, in the first year of William and Mary, (Session 2, c. 2, 8. 9,) the succession was limited to the Protestant line only; which would include the Churches of England and Scotland, and others on the European continent. But, in the Act "for the further limitation of the Crown," &c. (12 and 13, Will. III. c. 2, s. 3,) it is enacted, " That whosoever shall hereafter come to the possession of this Crown, shall join, in communion with the Church of England, as by law established." fi;) the Union, in all the colonies." But, as he does not quote the words, nor point out in which articles they are to be found, we think he is mistaken. Perhaps his meaning would have been better expressed by saying *the Church of England was, by the Act of Union, established in England and all the Colonies, present and future; but the Church of Scotland was established in Scotland only.' Whichever expression suits him best, he must have i*^ dieted cruel torture on the words of that solemn treaty, to draw any such conclusions from it ! In the letter to his " Brethren of the Clergy and Laity," the Archdeacon in more than one place, expresses great surprise and astonishment " that it was reserved for two or three lay- men," in a remote colony at this late day, " to discover rights and relations residting from the Act of Union," which had hitherto escaped notice in all parts of the British dominions. This is a very convenient and easy mode of argument, to set aside our legal claims, without quoting the words Dn which they are founded. Let those who read the Archdeacon's letters, only consider that it does not require great learning nor intense study to understand the subject : a moderate knowledge of the English language and an attentive perusal of the Act, being all that is necessary. Besides, it is precisely in remote colonies that such discoveries may be expected, where the infringement of the fourth Article is seen and severely felt by a numerous and intelligent portion of the colonists. Accordingly, com- plaints, similar to those from Canada, have reached the Mother Country from the distant colony of Van Dieman's Land, within the last three or four years ; and were accompanied by a very well written pamphlet on the subject, printed in Hobart Town. But, farther, Dr Strachan is mistaken in assuming that this is the first time the Act of Union was appealed to in the colonies. This is more particularly noticed in the Appendix, No. 5, where reference is made to Smith's History of New York; and to the opinions and recommendation^ of Archbishop Seeker, in 1751 ; in which Bishop Butler had heartily concurred twenty years be- fore, as stated by the Archbishop's biographers. We cannot for a moment believe that these eminently distin- i 64 (riiislietl Prelatos, wlio are numbered among the ornaments of the En«i^lisli Hierarchy, were ignorant of the Act of Union. It had passed in their days,'^ and if they had discovered in it, any thing more favourable to their Church in the colonies than to that of Scotland, Dr Seeker would assuredly have availed himself of it in his answer to Dr Mayhew, and in the letter to Mr Wal- pole. The only mention of the establishment of the English Church in the colonies, that I can find in these two productions, is the following : "It is, in some of the Plantations, confessedly the established Church; in the rest are many congregations ad- hering to it ; and through the late Extension of the British Dominions, and the Influences of other Causes, it is likely that there will be more.'"' No mention, in the above passage, is made of, nor allusion to, the Act of Union ; nor is any reference elsewhere to bo found in these publications, to that Act or any other that relates to the question at issue. In imitation of the Rev. Dr Strachan, we may now be allowed to express our surprise and astonish- ment, that it was reserved for an Archdeacon, with the assis- tance of a Solicitor General, both in the^Legislature of a remote colony, " to discover rights and relations resulting from the Act of Union, which were never in the contemplation of those who were parties to that treaty ;" and which had escaped the notice and penetration of two such eminent men as Archbishop Seeker and Bishop Butler, who had better means of ascertamino- its true spirit, and it may be presumed, were at least equal to the Archdeacon in zeal, and understood fully as well the real inte- rests of the Church of England. In corroboration of the opinions of these two Prelates against Bishops being invested in the Colonies with any tem- ^ Hishoj) Butler was born in 1CU2, and Archbish()|) Seeker in 1693; the Act of Union was passed and took etJ'ect in 1707. '' Answer to Ur Muyliew, in Dr Seeker's Work, vol. vi. p. 393 ; Dublin edition, in 1776. The answer was printed in England, in 1764; and reprinted in Ameriea, as stated in the Review of his Grace's life and character. At that time and previously, it seems to have been the practice to bepin all nouns with a capital letter, which iia> been followed in making (piotations, 65 of It ates, tem- he Act Dublin printed At that ns with poral power, as stated in the Appendix, No. 5 ; it is proper to notice the evidence taken at Quebec, by the Royal Commis- sioners of Enquiry, in 1836; which appears in the Appendix to their third Report, page 129 and 132. John Neilson, Esquire, says : " The heads of the churches might be in the Council, but I should fear dano^er from it. It miffht introduce feelings of religious difference into the Council, and dissenters might feel dissatisfaction, from an impression that the clergy had an interest in the Council adverse to their several denominations." R. E. Caron, Esquire, Mayor of Quebec, was asked ; " Do you think it would be acceptable to the country that one or both of the Roman Catholic Bishops and the Protestant Bishop should be in the Council ?" Answer. " I have never reflected on that subject ; but at first sight my impression is, that it is better to leave the Bishops to their proper and important duties, than in- troduce them into a political body." These opinions regard the Executive Council only, the members of which may be struck off the list whenever the Sovereign thinks fit ; but they will ap- ply with double force to the Legislative Councillors, who are appointed for life, and cannot be removed at pleasure by the Sovereign. When the House of Commons was in Committee, on 12th May, 1791, Mr Fox, amongst other remarks, said, "that the idea of sending a Bishop of the established church of England to sit in the Legislative Council, was in every point of view un- justifiable." At the time the short Act of 1804, already noticed, was passed in Lower Canada, it was imputed by many, to the influence possessed by the Protestant Bishop in the Councils and Legislature of the Province. The Executive Government of Great Britain, it is to be hoped, will no longer pursue the mistaken policy of attempting to force upon the Canadas, contrary to their wishes, any one Church as the sole Established Church of these Provinces. — But, at the same time, there is no necessity for flying to the opposite extreme, and giving equal support and encouragement to all sects who profess to be Christians ; which, in my mind, would be impracticable and also unjust and impolitic. A middle course is undoubtedly the best, and, as I speak only in general ^ 66 terms, nothing that is said can prejudice the claim (that may be founded on equity and good policy) of any particular de- nomination of Christians. Some of them would not perhaps accept of any endowments from the Government, upon the con- ditions suggested for my own Church : nor, indeed, upon any conditions." It has I believe been frequently remarked that clergymen, when clothed with temporal power and authority, are very apt to abuse or misuse it ; which is in general confirmed by expe- rience, not excepting those of my own Church. This was pro- bably one reason for the opinions of Archbishop Seeker and Bishop Butler, against investing Bishops with any temporal power in the Colonies. But, whatever reasons they might have, the opinions and recommendations of such eminent Prelates on that particular point, ought to have great weight with the mem- bers of their Church, both clergy and laity. More especially vith the Archdeacon of York, who derived much consolation against a report to his disadvantage some years ago, from a similarity he discovered between his own and the case of these illustrious men. On that occasion he said: "but I am accused of being an apostate from the Kirk of Scotland. Were this true, I need not be ashamed of doing what Archbishops Tillot- son and Seeker, and Bishop Butler have done before me, but my case is exactly this." He then gives a brief account of his parentage, &c. which would not be interesting or instructive to the reader.^ Though the Rev. Dr Strachan's letters have given occasion for much animadversion, yet we derive considerable advantage from that which is addressed to the clergy and laity of his church. The secret and mistaken policy formerly pursued to- wards our church in Canada is thereby unveiled and exhibited to public view. The instructions from the Colonial Secretary, e See the address of the Congregational Association to the Lieutenant Go- vernor of Upper Canada, Sir George Aurther, dated 27th March, 1838. * See p. 25 of Dr Strachan's Speech, delivered in the Legislative Council of Upper Canada, on 6th of March, 1828, of which he ga' e a copy for publication, at the request of the Council. 07 dated 2d April, 1B18, and 22d July, 1825, addressed *.o the persons {idministering the government of Upper Ca lada at these dates, remained, until the publication of this letter, pro- found secrets to those whose rights and legal claims were to be set aside by such instructions. They were, no doubt, known to the Executive Council, at least to some of the members; but the oath of secrecy, of course, prevented them from being divulged. The legal opinion of the crown lawyers in 1819, which is very much in favour of our claim, was also kept secret until the Canada Committee of J 828 procured and published it. There is a remarkable difference between the instructions of 1818 and those of 1825: the latter are more positive, en- joining the Governor, in substance, to erect and endow Parson- ages or Rectories according to the establishment of the Church of England, within every Township or Parish, now formed, or that may hereafter he formed. Thus leaving him no discretion- ary power, as to townships where there might be very few ad- herents, perhaps none at all, of the Church of England.* The reason of giving such instructions is now seen and accounted for in the last paragraph of the legal opinion of 1819. After stating that " a Protestant Clergy," includes those of Scotland as well as England ; and supposing the Governor duly author- ized by the Act, it is said he might apply the rents and profits of the reserved lands for the support of the one as well as the other. Part of the 38th clause is then quoted, giving power to His Majesty to authorize the Governor to erect parsonages or rectories, and to endow them, with the advice of the Executive Council, with so much of the reserved land in such township, as shall be judged expedient ; even the whole, in any township where a parsonage is erected. Then comes the conclusion : — "It would be inconsistent with this discretionary power that any proportion of such lands should be absolutely retained for any other clergy than those mentioned in that clause, and we think it is not incumbent on His Majesty so to retain any pro- portion of such lands." incil of cation, 8 See Lord Bathurst's Despatch of 22d July, 1825, Appendix, No. 8. It is considered u;mecessary to insert that of 1818. 68 tl Thus, it is now evident, that, because the words of tl»e Act are not mandatory or compulsory on the Colonial Secretary, he chose to use his discretionary power altofrether for the benefit of only one of the Protestant Churches of Great Britain. This also furnishes a key to the statement made in Dr Strachan's speech of 1828; that a letter from Lord Bathurst, relating to the Clergy Reserves, had been read in the House of Commons by Mr Wilmot Horton, in June, 1827, "in which it was stated, that when there was a surplus beyond what the Established Church required, the disposition of it would draw the attention of Government." The Government had not rejected the ap- plication of the Scotch Clergy, &c. Some such intimation had been given, about three years previously, to a Committee of the General Assembly ; and one of its leading members, in a let- ter, dated in April, 1824, speaks of this surplus as depending on " an event which is very justly represented as in all proba- bility extremely remote." It was the same year, 1825, in which these general instruc- tions (altogether in favour of the English Church) were sent to Sir Peregrine Maitland, that a Despatch was sent from the Colonial Office, dated on or about the ninth of June, to the Rev. Dr Mearns, convener of the Committee just mentioned, in which it was stated ; " that whenever a congregation in these Provinces (Upper and Lower Canada) shall have erected a suitable place of worship, and be prepared to acknowledge the jurisdiction of the Church of Scotland, and to contribute ac- cording to their means towards the maintenance of a minister, upon their presenting a memorial to the Governor and Council, the Governor will have received His Majesty's commands au- thorising him, upon being satisfied that these conditions have been complied* with, to contribute to the support of the clergy- man in such proportion as, together with the contributions of the parties presenting the memorial, may be sufficient to afford them a competent maintenance." An application was in con- sequence made some time afterwards, from the congregation at Cornwall, to the Governor-in-Chief, Lord Dalhousie ; the an- swer from his Lordship's Secretary is addressed to Neil McLean, Esquire, and dated at Quebec, 13th May, 1826, and (59 is in substance, that His Excellency had no funds at his dis- posal for that purpose, " that there must have been some great mistake or misapprehension on this subject," and that " His Excellency has had no communication from His Majesty's Go- vernment on the subject." Other applications have been made at different times since, particularly from two congregations in the city of Montreal, directly to the Colonial Department, but without success; until 1837, when five hundred pounds were granted to assist the clergymen of our Church in Lower Ca- nada for that year, but without any positive assurance that it would be continued permanently. The allowance promised in 1825, was similar to a certain assistance intended or provided for congregations of the English and Scottish Churches in fo- reign countries, out of the King's allegiance; by the British Consul's Act (6, Geo. IV. c. 87, sections 10 to 15). Our clergymen in Upper Canada have had an allowance from Go- vernment during the lasi. ten or eleven years ; but we believe it is not yet charged upon any permanent fund, being heretofore drawn from instalments payable to Government by the Canada Land Company. With respect to the late erection and endowment of a num- ber of Rectories in Upper Canada; we know nothing of the documents or their contents that were submitted, first and last, to the lawyers of the Crown on which to found their opinion ; but, from what we know of public transactions, they must be considered invalid and illegal, in the first instance ; though the approbation, or acquiescence of Her Majesty's Government afterwards, may have rendered these Acts valid and legal ; but cannot, of itself, authorise the like to be done in future. On this point I have read with much satisfaction, the able arguments contained in the protest of Mr Gale, as Moderator of the Synod of Canada, dated 21st July, 1838; however, I arrive at nearly the same conclusion in a more summary manner. The reference of this matter to the Legislatures of both Provinces, and above all the formal and explicit message, penned in the Colonial Of- fice, that conveyed that reference, (Appendix, No. 7,) are quite sufficient, in my mind, to suspend and annul all former instruc- tions inconsistent with that reference and message ; until they I 70 shall, in their turn, be at any time revoked and cancelled in the same public manner that they were at first promulgated. Not- withstanding what was insinuated or asserted last year, by the Archdeacon of Toronto in addressing his Clergy ; this opinion must stand good, for it rests on the same ground that enables commanders in the army and navy to countermand orders that have been issued by themselves or their predecessors ; testators to alter or revoke their wills ; and which causes an old statute to give place to a new one.^ But we do not wish for the " destruc- tion" of the rectories : we only ask and contend for the rights secured to us by the Treaty of Union ; that the rectors shall be divested of the ecclesiastical authority^ so far as we are con- cerned, with which they are at present invested, according to the second opinion of the crown lawyers. And farther, that in all places where congregations of our Church are, or hereafter may be, formed, corporations shall be erected and endowed for their benefit, and that there shall be communicated or granted to such congregations, all Rights, Privileges and Advantages, that do or may. belong to those of the sister Church of England. And, as a necessary consequence, that the latter shall abstain from styling herself the Established Church of Canada ; and lay aside the re- cent innovation of changing the names of the legal divisions of Townships into Parishes. We must here briefly notice two Reports of the Legislative Council of Upper Canada on these matters. The first, regard- ing the lands reserved for a Protestant Clergy, is dated in April, 1835 ; in which they recommend, as a final measure, that the question should be referred to the " Judicial Committee of the Privy Council," to give the true and legal interpretation of our Constitutional Act. In the Second Report dated in February, 1838, on the state of the Province, the same thing is again sug- gested, though not so strongly recommended. To this reference there are several weighty objections, but it is sufficient to men- tion one only, which supersedes all the rest. That is, whatever may be the opinion or decision of that tribunal, it cannot amend or change one word of the law ; which, in some of its enact- ^ Bla^k. Com. vol. i. page 89. 71 ments and still more in the mode of its administration, has ef- fected an infringement of the Act of Union between the two kingdoms : and we are " in decency to conclude that this cor. ^ sequence was not foreseen by the parliament," &c.' It is only " the overruling power" (as Dr Strachan justly terms it) of the supreme Legislature of the Empire, that can (by amending the Act of 31, Geo. III. cap. 31,) restore to our Church and her members in Canada, those rights that have so long been with- held. Hitherto I have, as much as possible and to the best of my judgment, treated the claims of the two Churches established in Great Britain as a legal question ; which is all that was in- tended, and, however inadequately or feebly the task has been performed, it is hoped that what is done may draw attention to the subject and induce others, better qualified, to come forward in support of the rights of our Church in the Colonies, particu- larly in Canada, so that the Imperial Parliament may be moved to interpose and prevent them from being altogether wrested from us. It would lead me too far, and I shall not attempt, to depict the impolicy of the conduct that was long observed to- ward us by the Colonial Department. Let us hope that those now in power hold more correct opinions as to the policy, equity and justice of paying respect to our rights and claims. In the meantime, our exertions must not be relaxed; we must con- tinue, legally, constitutionally and firmly, to urge our claims and rights in the proper quarters ; remembering that if we patiently persevere in a correct course, as was done for the abolition of slavery and other great national concerns, we may also hope that our exertions will finally be crowned with success. There is one imputation or aspersion that has sometimes been unjustly brought against us, and which it is proper to repel. — That the Government cannot depend upon our patriotism and loyalty to the Sovereign, which, by some writers, is claimed ex- clusively for the Church of England. This charge is boldly made against us in the letter to Lord Liverpool, formerly men- tioned. Dr Strachan claims exclusive loyalty for his Church, ' Blacketone, vol. i. page 91. 73 and leaves liis readers to infer disloyalty against ours, from in- sinuations rather than direct accusations. Thus, in the fifth lotter to Mr Morris, he speaks of " the difTcrenco of the Go- vernment of the two Churches." And not a great many years ago he stated, " Had the Church of England heen adequately supported in the Colonies, now the United States, they would have retained their allegiance.'"' This was new and surprising to me ; and, as he does not refer to, nor quote, any authorities, neither can ho affirm it "from personal knowledge," I cannot give credit to this broad unqualified assertion, so far, at least, as it may be intended to apply to us. At the time when the colonies revolted, the people of North Britain almost to a man, proffiered life and fortune in support of the measures adopted by the Government for suppressing the revolt : and were also very anxious for the establishment of a militia in Scotland ; which, however, did not succeed in Parliament.' Now, it is ex- tremely improbable that members of our Church in these colonies, would be more disloyal than others, when those of their Church in the Mother Country were so zealous in supporting the Government. Doctor Strachan appears to have forgotten the brief and vivid description of the conduct and sufferings of a clergyman of our Church, with which he favoured the public a few years pre- viously, which militates strongly against the accuracy of his as- sertion. This short biographical notice is to the following purport. The late Rev. John Bethune, a native of the Isle of Skye, was educated in Aberdeen, and regularly admitted a Minister of the Scottish Church: he was invited to ? juth Carolina, where he became pastor of a congregation ; he had not been long placed there, " when discord lighted the flames of war from one end of the Continent to the other." " In the hour of danger, his native timidity fled — he disdained tem- porary compliance, and boldly declared for the King. The '' Sec note on page 21 of a Pamphlet bearing his name, published in 1827, in London ; and entitled, «' An Appeal to the friends of Religion and Literature, in behalf of the l^niversity of Upper Canada." ' See History, in the Annual Register for 177<), chapters iii. and vii. 7d Isle ted a jiith had lames "In tem- The public profession of his principles made him odious to the In- surgents, who treated him in the most cruel and oppressive manner. He was detained for many months a prisoner of war — he was marched on foot from Charleston to New- York, amonjr the common captives, and no attention paid to his rank or situation — obliged to sleep on the ground, and exposed to every privation and insult ; he suffered with so much Christian for- titude and mildness, as to astonish his persecutors, and his kind attention to his fellow sufferers gained their hearts and afforded him the blessing of turning many in the Prisons, where he was immured, from the evil of their ways." After being exchanged, he was some time chaplain to a Scottish Regiment. " On the return of Peace, he accompanied his people, many of whom from his influence and example had joined the Royal Standard, to Upper Canada." His diligent and useful labours in the ministry, during thirty years in that Province, are then noticed, and the article concludes with the following quotation from the .37th Psalm : " Mark the perfect man, and behold the upright : for the end of that man is peace."™ The character and conduct of this worthy man ought to be kept in perpetual remembrance, in honour of his memory and as an example to his posterity and countrymen, both clergy and laity. It was he also, who first directed attention to Smith's History of New- York, when the invasion of our rights in Lower Canada was first openly attempted, in 1803 or 1804. In order to shew that, at the present day as well as in 1776, loyalty is not confined to members of the English Church, we may refer to the late events in both the Canadas. This is ably set forth in a paragraph of the Report, last February, of the Leo-islative Council of Upper Canada, page 10, from which the followino- is an extract : — " But there is nothing connected with this remarkable crisis upon which it is so satisfactory and pleas- ino- to reflect, as the very striking proof it has afforded of the 27, in r.'iturc, >" See No. I, of the Christian Recorder, for March, 1819. This periodical publication was conducted by Doctor Strachaii : it was printed at York, T'. ('., and continued for two years. 74 loyal and patriotic feeling of the great body of the people of Upper Canada. The instant it was known that the ( Tovernment was threatened with violence, all distinctions of religion and country were laid aside, and with a noble ardour which can never be forgotten by those who witnessed it, the people rushed for- ward to put down rebellion, and to preserve the supremacy of the laws. While neither wealth nor station was ft It to place the possessor above the common duty of opposing with arms this unnatural rebellion, the humblest inhabitant of the country gave also his services with cheerfulness — and none more so than the coloured population, whose brave, faithful, and steady con- duct, have entitled them to great credit." The Archdeacon of York, however, seems to have argued himself into the belief that the assertion he made in 1827, was then and still is, really correct, and has acted upon that assump- tion. For, during these general exertions to put down rebellion and preserve the supremacy of the laws, his letters to Mr Morris and one to his breriiren, written in a very acrimonious style, and dated from 17th November to 12th December, 1837, were is- suing from the press at Cobourg. Mr Morris at first wrote him a few lines only, saying he had received the two first letters, but would delay his answer until a more fit season." The answer is dated in January, 1838, in quite a mild moderate style, which, added to the other parts of his conduct ; when put in compari- son with those of the Archdeacon, make a very striking and at the same time an agreeable contrast ! " The following is the letter of Mr Morris : — Perth, U. C, Dec. 13, 1837. To the Hon. and Ven. the Archdeacon of York. Sm, To the politeness of the Rev. Editor of the Church, I suppose I am indebted for Nos. 25 and 26 of that paper, which reachrd me last night. In them I perceive Nos. 1 and 2 of a series of letters which you are addressing to me through the medium of that journal, and this is briefly to say, that when you have completed the series, and when the enemies of our country are subdued, you shall receive a reply from, Sir, your obt. humble servant, Wm. Mohru. 75 e I am In sing to en you bdued, RI». Since the foregoing was written, I have observed that some of my countrymen, in urging the claims of our Church in the Canadas, make a distinction between such as were EngHsh Co- lonies before, and those acquired since, the Union. This is a mistaken opinion, and is in fact compromising or abandoning the Rights of our Church in the old Colonics: for the Act of Union makes no distinction, and the moment it was ratified by both nations, the names of England and Scotland were laid aside, or mergcjd in that of Great Britain; consequently, the foreign " Dominions and Plantations" became also British. However, the withholding of our Rights and Privileges in Colonies ac- quired since the Union, may appear to many as a more glaring and a greater infringement of that solemn Treaty, than in Co- lonies settled or acquired by England before the Union. Considerable newspaper discussion has recently taken place regarding an Union, supposed to be in contemplation, of all the North American Colonies ; but on what plan or principles does not clearly appear, nor whether it is to be a federal or an incor- porating legislative Union ; or to consist partly of both. From what has been already said on this subject, it will be apparent that the writer cannot perceive any beneficial consequences likely to result from such an Union. But, he is decidedly of opinion that the Canadas should be re-united, as soon as it can be carried properly into effect : and there must also be some amendments made in the ecclesiastical part of their constitution; and a course of policy adopted, quite different, from what was formerly followed in that respect. These improvements and amendments are loudly called for, in order to restore and pre- serve internal tranquillity and contentment in the Canadas. But, until that shall be accomplished, it is unnecessary and not satisfactory to consider or discuss more comprehensive schemes, such as a federal or incorporate Union of the British Colonies in North America. In conclusion, it is proper to notice, what \\?.z been occasion- ally recommended and urged, during the last twenty years or % iM 76 more, by some cool, calculating, but mistaken politicians. This is no less than that the North American Colonies cost Great Britain more than they are worth ; and, therefore, the sooner they are sold or disposed of in barter for some valuable con- sideration, so much the better. Those who sport such opinions, forget that the United Kingdom, considering its small popula- tion compared with some other European states, and from its insular situation must depend for its wealth, safety and glory, even for its very existence as an independent state, upon " Ships, Commerce and Colonies;" for which Buonoparte so ardently wished, as the most likely means by which he hoped to vanquish and subjugate Britain, which stood between him and almost universal empire. In all that has been said on different topics touched upon in this production, I have never lost sight of what must be the heart's desire and fervent prayer of every true Briton ; namely, that all the dependencies and most distant provinces of the British Empire may be preserved to her entire. And particularly in this quarter of the world, not to look " for- ward to the probability of a separation ])etwecn these Colonies and the Mother Country within a century or three centuries, or a thousand years;"" but, on the contrary, to use every energy and exertion to cement and preserve the connection, " as long as the sun and moon endure, throughout all generations."'' ° Earl Durham's verbal answer to an Address presented to him at Kingston, the 20th July, 1838. His Lordship also expressed similar sentiments in written and oral replies to some other Addresses. P Psalm Ixxii. 5. A P P E N D I X, No. I. (Soe page 24.) We subjoin the pastoral letter of his Lordship the Catholic Bishop of the Diocese of Montreal, which was promulgated in this city 'ast Sunday — Morning Courier, Slst Oct. 1838. JOHN JAMES LARTIQUE, riRST BISHOP OF MOKTHEAL, &c. To the Clergy, and all the faithful of our Diocese, Health and Benediction, For a length of time back, dear brethren, we hear of nothing but agitation, and even of revolt, and this in a country which has hitherto been distinguished by its loyalty, its spirit of peace, its love for the religion of its fathers. On every side, we behold brothers rise up against their brothers, friends against their friends, citizens against their fellow-citirens ; and discord from one extremity of this Diocese to the other, seems to have burst asunder the bonds of charity which united the members of the same body, the children of the same church, the children of Catholicity, which is a religion of unity. In circumstances of such moment, the only position that we can take, is, not merely to stand to an opinion (which nevertheless, as citi ens, we and our worthy fellow-laborers in the holy Ministry should have, equally with others, the right of emitting), but to act up to the obli- gation which the Apostle of the Gentiles imposes upon us by saying — IVo is unto me if I speak not the Gospel : for a necessiti/ lieth upon me ; Necessitas enim mihi incuvihit. I. Cor. ix. 16. No, dear brethren, no one of you is ignorant of these truths ; — that the duties of the different members of society form as essentially a part of Christian morality, as the duties of the diflferent members of a family ; that this divine code of ni(>rallty Is a portion of the sacred deposlte of Faith, which has been transmitted to us by the pure chan- nel of Scripture and Tradition ; and that We, as a successor of the Apostles, are bound to transmit it to you with equal fidelity. There Is moreover nothing that can render us the object of suspicion. In our veins, as In yours, flows Canadian blood : We have given fre- quent proofs of the love we have for our dear and common country ; and, as the Apostle, so can we take God to witness, how we long after you all, in the bowels of Jesus Christ. Philip, i. 8. Besides, you know that we never received anything from the Civil Government, — 78 APPENDIX, NO. I. as we expoct from It notliin believe, our solicitations to ob- tain them, will, in the interest of her colony, be most favourably re- ceived ; others are within the power of our local Legislature to effect, and the people of this Province? may obtain them by directing their attention toward the choice of their Representatives. Amongst those of the first class we may designate : — Istly. — Tile composition of both Councils, Executive and Legisla- tive, the nomination of whose members should remain with tlie Crown, but accompanied by such guarantees as would effectually prevent the evils often occasioned by those bodies hi the conduct of public busi- ness. It is by continuing to reform them, and especially by effecting that reform in accordance with the spirit which dictated the Constitu- tion of 1791, that we may at length succeed in restoring harmony to administrative action, and in putting an end to those party contentions which have been so baneful to the interests and prosperity of the public. 2ndly. — The accumulation of offices which has tended solely to create bitter jealousies, and to maintain a number of sinecurists who are ever opposed to all improvements which may affect their interests. 3dly. — The reservation to the Provincial Legislature, of the right of appropriating the revenue on condition that a civil list be granted to ensure the service of the civil and judicial administration of the country. 4thly. — The appointment of Judges for life, in order to give them that degree of independence which they have not now, but with which they should be invested for the interests of justice ; subjecting, however, such appointments to certain restrictions of good conduct and integrity. 5thly.— -The creation of a tribunal to take cognizance of, and ad- judge upon, crimes committed by public functionaries. Amongst those of the second class, we would indicate : — Istly. — Certain modifications in our system of Judicature, which, owing to the increase of population and the spread of new settlements, now rests upon a basis both insufficient for, and ill adapted to, the requirements of the country, and exposes persons located at a distance to an expense so ruinous as to amount, in many cases, to a denial of justice, — not omitting in tiiis reform that of the Court of Appeals, which is constituted in such a manner as to render it incapable of ac- complishing the object of its institution. 2dly. — A revision of the laws relating to Feudal Tenures with a view to abolish those enactments which tend to affect the increase of 84 A»M»KNI)1X, NO. II. property and to fettor indnstrioiH oiitfrprisc ; without sucrificiiif; how- I'ver the interests and actual rights of either the Seignior or the ("en- sitaire. J3(lly. — A niodilication also of the laws regulating the customary Dower, which often occasions the ruin of families, and prevents uum- berles!! transactions from being advantageo\isly concluded. 4thlv. — The eslahlisliment of an hyin ' ecarv system which would protect at once the proprietor and the creditor, and all(»w capital to rest safely upon a certain pledge. .5thly. — Commercial laws, better calculated to regulate and secure the interests of trade, as also mutual arrangements with the sister Province to facilitate as much as possible, her connnercial connnmiica- tions with us. By extending and strengthenng the chain which binds the commercial interests of the two Provinces, a new vigor will be infused into trade and agriculture, which are the principal sources of a country's wealth. Such are, with others of a minor importance, the reforms towards which the attention of the Association will be especially directed, in the hope of removing the obstacles which have impeded thr- prosperity of this country, and which, notwithstanding the advantages it shoidd have derived from its extent, its salubrious climate, its extreme fer- tility, and, more especially, from the character of its inhabitants, who claim descent from the two nations which stand highest in the scale of European civilization and industry, have hitherto, nevertheless, pre- vented it from rising to a level with the countries which surround it. In accordance with the views and sentiments of the Loyal Canadian Association as above set forth, its objects will therefore be : — Istly. — To labour earnestly towards the restoration of union and concord among all her Majesty's subjects in this Province ; such con- cord and union being the sole basis upon which the prosperity of all can be made to rest. 2ndly. — To oppose all party excesses and all doctrines tending to subvert public morals or public order. 3dly. — To propagate all doctrines calculated to ensure the happiness of the people, or to strengthen and enlarge their institutions. 4thly. — To exert all its influence toward the encouragement of the agriculture, manufactures and trade of the country, and also toward the extension and improvement, not only of its interior communications, but of those likewise which are called for by its r^ations with the neighbouring Provinces. 5thly. — To labor toward the diffusion of the blessings of education amongst all classes of the people, the extent of whose knowledge, with reference to the mutual bonds of society, is their sole rule of modera- tion, and can alone ensure the quiet and facilitate the progress of Government. 6thly. — To maintain with all its power our union with the Mother Country, and a just subordination to her authority. 7thly. — And finally, to guard, with the strictest vigilance, the pre- servation of all the rights, liberties and privileges which are guaranteed by the Constitution to the people of this Province, and with this aim APPENDIX, No. in. 85 before it, to oppose with all its onerpy, every demand tendinj^ to a re- union of the two Provinces, which woidd have the effect of destroying 'U those advantufifes, and wonhl phnijre (his Province, for an unlimited period, into a state of disonU'r and confusion. PiKRUK 1)k Rociieblave, President. H. (jiUY, H. E. Hauron, Montrciil, Fi'hninrij 1, 18;)H. -,} Secretaries. No. III. f See page 38. J 'other The Deputies from the revolted Colonies, who met in General Congress at Philadelphia, in September, 1774 ; among other pro- ceedings, framed an Address to the Canadians, to induce them to join the other colonies. The substance, which is too long for inser- tion here, is given in the Annual Register, for 1775. In that able and respectable publication, this address is characterized as follows. " Of all the papers published by the American Congress, their ad- dress to the French inhabitants of Canada, discovers the most dex- terous management, and the most able method of application to the temper and passions of the parties, whom they endeavour to gain." In the historical part of the Annual Register, for 1776, it is stated that when the provincial forces entered Canada by Lake Champlain, the preceding year, parties were spread over the country adjacent to St. Johns, and were every where received with open arms by the Canadians, &c. However, it appears in the same page that there were about 200 Canadian volunteers in St. Johns as part of the garrison, under the command of Major Preston, who was forced to capitulate, after a bravo defence. General Carleton (afterwards Lord Dorches- ter) got together near a thousand men at Montreal, composed princi- pally of Canadians, intended for the relief of St. Johns. This party was repulsed by the Provincials, in attempting to land at Longueil. Another party near Sorel, under the command of Colonel McLean, hearing of the Governor's defeat, the Canadians left him and he was obliged to make the best of his way to Quebec with the emigrants, a newly raised corps. When Arnold with his party arrived near Quebec, through the woods, by the river Chaudiere, the Canadians received them with the same good will that Montgomery's corps had experienced in the neighbourhood of Montreal, &c. &c. "Arnold immediately pub- lished an address to the people, signed by General Washington, of the same nature with that which had been before issued by Schuyler and Montgomery. They were invited to join with the other colonies in an indissoluble union. To range themselves under the standard of genei-al liberty." &c. &c. Notwithstanding the favourable reception i^^^ ^^^%, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 121 M2A m m £ Ui 12.0 1.25 III 1.4 I 1.6 Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14SS0 (716) •72-4503 '4^ 4*« 86 APPENDIX, NO. III. •|.. ■i I of Montgomery and Arnold, and the addresses, signed by General Washington, which they published ; yet in the City of Quebec, " the discontented inhabitants, English and Canadians, as soon as danger pressed, united for their common defence. They became seriously alarmed for the immense property which Quebec contained. They desired to be, and were, embodied and armed." It is remarked that Arnold's only hope against Quebec must have been the defection of the inhabitants ; and being disappointed, he drew off his detachment into quarters of refreshment, until Montgomery's force should join him. In the mean time the Governor, General Carlcton, arrived safely from Montreal. " His first act was to oblige all those to quit the town with their families, who refused to take up arms in its de- fence." It appears from Smith's History of Canada, and other sources of information ; that, though many of the Canadians joined the rebels, or furnished them with provisions, &c. when they invaded the Province ; yet no men of any note were of the number, and in defending the city of Quebec they were not behind the old subjects in zeal and bravery. Mr Beaujeu is mentioned, as having embodied a party of Canadians, somewhere in the country, with a design of raising the feiege ; but on their march, ihey were encountered and dispersed by the rebels. Smith inserts in his History, a very particular and in- teresting Journal of the Siege, kept by an officer of the garrison. — The gallant conduct of Monsieur Dambourges, with Major Nairn, is there particularly mentioned, on the morning of 31st December, 1775, when the rebels attacked the garrison. It is also stated in the Journal. " The French militia shewed no backwardness ; a handful of them stood the last at Sault au Matelot ; overcome by numbers, they were obliged to retreat to the barrier." In the beginning of April, 1776, sixty Canadians, headed by Mr Bailly, a priest, armed themselves, intending to surprise the guard at Pointe Levi, and then join the King's friends in Quebec. A villain informed the rebels of the plan, which prevented its success. In the engagement that ensued six rebels were killed, five loyal Canadians fell, thirty-four were taken prisoners, and the pricct was dangerously wounded. The siege was raised on the sixth of May, by the arrival of reinforcements from home, and on the seventh the journalist, among other incidents, states, " this morning many priests have come to town from the adjacent parishes, with cheerful countenances, to pay their respects to the governor, and make their obeisance to the bishop. Their distinguished loyalty will ever redound to their honour ; a great number of people are flocking into town, many with guilty faces. The peasants, with their eyes on the ground, come sneaking in, with a few eggs, milk, butter, &c. meanly cringing and submissive, conscious that their base conduct merits chastisement," &c. We may also notice the Report of the Legislative Council of Up- per Canada, on the state of the Province in February, 1838; in which the loyalty of the Canadians is acknowledged at the time they were invaded by the revolted Colonies. At page 27, after having mentioned the Act of 1774, which restored to the Canadians their peculiar code APPENDIX, NO. III. 87 of laws, " in all matters relating to property and civil rights," the Re- port adds, "what might have been the conduct of the Canadians under other treatment, we can only conjecture ; but it is certain, that the efforts which were afterwards made by the revolted Colonies, to allure them into their confederacy, were unsuccessful, and that in gene- ral, the population of Lower Canada remained faithful to the Royal cause. Those who are old enough to remember the Revolution in France, and the war which began with that nation in 1793, will recollect with horror the proceedings that we every day heard of from that ill-fated country. The sanguinary revolutionists spared neither age no** sex ; the ministers of religion were massacred, the Christian Sabbath wa^ abolished, death was decreed to be an eternal sleep, &c. And, this having been formerly a French colony, great exertions were made to revolutionize the province, and confer upon tiie inhabitants the bless- ings of liberty and equality ! For tbi^; purpose emissaries were at different times sent in from the United States, by the French minister at Philadelphia (then the seat of Government) to the great alarm of the peaceable and well-disposed people of Canada. There is no doubt that we were very much indebted to the influence and exertions of the Roman Catholic Priesthood for our escape from such liherty. This is so evident to those who were here at the time, as hardly to require any proof. It may, however, be proper to mention, that one of these emissaries was brought to trial for High Treason and exe- cuted at Quebec, in July, 1797. In his plan to " overthrow the pre- sent existing Government," he counted upon the assistance and co-operation of a French fleet and troops ; the first object was to se- cure the money and valuable property, for defraying the expenses of the war, " and then effectually to secure all the priests and leading characters in the Province."* This shews that McLane and others, who formed the plan of overthrowing the present existing Govern- ment, were well aware that they had no chance of success, unless all the priests were Jirst effectually secured. 1 The war with the United States, which was begun by them, in 1812, is of such recent date that many persons are still living who must distinctly remember with what alacrity the inhabitants in general, of different races and different creeds, turned out to defend the country. This is well described by William James, in his work entitled "Mili- tary Occurrences," in two volumes. It cannot be doubted that the clergymen were as zealous aid active as their flocks ; though their exertions, being of a more retired nature than the field of battle, are not so likely to be noticed and recorded by the historian. However, one example to the contrary is spoken of, with applause, to this day, * See the evidence on David McLane's trial at Quebec, the 7th July, 1797 ; particularly that of Elmer Cashing. W'-I 88 AI'PENDIX, NO. IV. of a Roman Catholic Clergyman (now a Bishop) who publicly encouraged and stimulated the spirit of the militia, at the attack on Ogdensburgh, in February, 1813. It is not out of place here to refer to the inhabitants of Jersey, Guernsey, &c. who are descended from Frenchmen ; and, though they have retained their language with man^ of their laws and cus- toms, yet they have on several occasions given convincing proofs of their bravery, loyalty and attachment to the British Sovereigns. The property of Jersey '* belonged formerly to the Carterets, a Norman family, who have been always attached to the royal interest, and gave protection to Charles II., both when King and Prince of Wales, at a time when no part of the British dominions durst recognise him."* Jersey was attacked by a large French force, in 1779; which "met with such a vigorous resistance from the militia of the island, assisted by a body of regulars, that they were compelled to retire without hav- ing landed a single person." Another unsuccessful attempt was made by France, in 1781, to take this island. A considerable force was landed unexpectedly and gained some advantages by surprise, but were soon overpowered and forced to surrender themselves prisoners of war, to the number of eight hundred, not one of those who landed having escaped.f From the former good conduct of the French Canadians, as they are sometimes called, is it not reasonable and may we not expect the same devoted bravery and loyalty from them at some future day, if the occasion should ever require it, provided a different and more judicious line of policy be adopted and continued towards them ? No. IV. (Seepage 50. J Mr Hagerman's Speech on the Clergy Reserve Bill, — Third Reading, 4tii March, 1835. The Solicitor General commenced by expressing his sense of the obligations he felt himself under to the house for having yielded to his request, to defer the third reading of the bill until this day, to enable him to offer the observations he had to make against its adop- tion, and which, owing to the measure having been brought up out of the ordinary course, he was unprepared to do the day before yester- day. The question, it would be admitted, was one of very great im- * Guthrie's Geography, London edition of 1788. t Ency. Britannica, 4th edition. Also Edinburgli Gazetteer, printed in 1822: both under the article Jersey. APPENDIX, NO. IV. 89 fublicly ack on Jersey, though id cus- roofs of ). The J^orman nd gave les, at a him."* h "met assisted aut hav- as made irce was ise, but trisoners 3 landed French and may I at some different towards ILL, — sense of yielded s day, to its adop- ip out of yester- reat im- iii 1822: portance, involving, as it did, the existence of the Established Church, so far as its existence depended on the public support assigned it by the Constitution ; and therefore it was most desirable that it should be calmly and dispassionately considered. For himself he no longer considered it a party question — it was one on which men of unques- tionable intelligence, integrity, and loyalty were found to disagree, and it must, therefore, depend on the force of truth and argument which was right and which was wrong. He should, with as much brevity as possible, and he hoped for the last time, go over the prominent ob- jections raised by gentlemen, for whose opinions he entertained res- pect, against the exclusive appropriation of the Reserves to the support of the Established Church, and he should do so without any desire to oifend, and he hoped in a manner to free him from any such re- proach. In th3 first place it had been contended, that the Established Church of England was not the Established Church of this Province, and although he believed tiiat this opinion was not generally enter- tained in this country, and he believed, was repudiated by all dispas- sionate and well informed persons, he would enter upon its investigation, believing, as he did, that it had not hitherto undergone much discus- sion. For my own part, said Mr Hagerman, 1 have not the shadow of doubt upon the subject ; and in order the more clearly to explain the grounds of my opinion, I beg, in the first instance, to call the at- tention of hon. members to the state of the Church anterior to the Reformation. It will be recollected, that at that time the Roman Catholic religion prevailed, and was the only recognized religion throughout the Christian world, and that the Pope claimed to be at the head of the Church, exercising unlimited sovereignty over it. — Henry VIII., for reasons not now necessary to advert to, denounced the exercise of this sovereignty within his dominions as an usurpation, declared that he was the head of the Church within his dominions — and denounced entirely the pretensions of the Pontiff. To secure the right thus asserted by Henry, the Parliament of England, in the 26th year of his reign, passed an act, chap. 1, declaring, that " the King shall be taken, accepted, and reputed the only supreme head on earth of the Church of England, and shall have and enjoy annexed and united to the Imperial Crown of this realm as well the style and title thereof as all honours, dignities, jurisdiction, authorities, &c. &c., to the said supreme head of the same church, belonging, &c.; any usage, foreign Imo or authority, to the contrary notwithstanding." Now what was the foreign authority here referred to ? Of course that of the Pope ; and how far did this authority extend ? As has been said be- fore, throughout the Christian world ; and, therefore, Henry assumed for himself and his successors that same authority throughout that fiortion of the world then belonging to, or which might afterwards be- ong to the Crown of England. Passing by the acts passed in the reign of Edward and Mary, the next statute which I shall advert to is the 1st Elizabeth, chap. I, in sec. 16 — it is enacted, that "no fo- reign prince, person, prelate, state, or potentate, spiritual or temporal, shall at any time ajler the laat daji of this Session of Parliament, t ;: J 1 ! 1 '■«,. |! I' 90 APl'ENUIX, NO. IV. use, enjoy, exercise any manner of power, jurisdiction, superiority, authority, pre-eminence or privilege, spiritual or ecclesiastical within this realm, or within any other your Mafesti/s dominioim or countries that now be, or hereafter shall he, &c." And by the next section, the 17th — it is " established and enacted that such jurisdictions, pri- vileges, superiorities, and pre-eminences spiritual and e(<'lesiastical, as by any spiritual or ecclesiastical person or authority/ hath heretofore been, or may lawfully be exercised or used for the visitation of the ec' clesiastical state and persons, and for reformation, &c., shall for ever be united and annexed to the imperial crown of this realm." Here again it is to be asked, 1st. What spiritual or ecclesiastical power existed before the passing of this act ? The answer is, that of the Pope, the same having been restored to him in the preceding reign of Mary. 2nd. What was the nature and extent of this power ? It was the direction, controul and superintendence of the Church throughout the world ; and this power, by this act, was taken from the Pope and annexed to the Crown of England, and declared to extend throughout the Empire and its then dependencies, as well as to such others as might ctfterwards be acquired. I shall now advert to the Act of Union of England and Scotland, which, of itself furnishes arguments that stand in need of no assistance from other sources to prove the correctness of the position I have advanced. 5th Anne, c. 8, it is enacted, that the Protestant religion contained in the Confession of Faith, and Presbyterian Church government, shall be the only govern- ment of the Church within the kingdom of Scotland ; and by the same statute it is enacted, that the Protestant religion professed and established by law in the Church of England should be unalterably secured according to the laws and statutes having reference to the same, and that every succeeding sovereign coming to the Crown of Great Britain should, at his or her coronation, swear to maintain the same within the kingdoms of England and Ireland, the dominions of Wales and Town of Berwick-upon-Tweed, and the territories there- unto belonging. It has been argued by some hon. gentlemen, that this oath relates to territories that at the time of passing the Act be- longed to the Crown of England — the fallacy of this argument, how- ever, is apparent upon a moment's reflection. The act declares that all succeeding Sovereigns as Kings or Queens of Great Britain shall take the same oath, viz : to preserve and maintain the Established re- ligion within the kingdoms of England, Ireland — the territory of Wales, Town of Berwick-upon-Tweed and territories thereunto be- longing; an oath which George III., his successor or his present Majesty have taken, without excepting territories acquired since the Act of Union. Having thus noticed Acts of Parliament which apply to the Empire generally ; I w ill next advert to a few that have reference to this country, and which clearly point out the Church of England as the Established Church here, and show that the act of Elizabeth above was considered as in force in Canada. The first statute conferring a settled form of goverement on Canada, is the 14th Geo. III. chap. 83. The 5th section of this act secures to His Majesty's Roman Catholic subjects the free exercise of their APPENDIX, NO. IV. 91 religion, subject to the Kiiifj' s supremacy, declared and established by an act made in the first year of the reitin of Queen Elizabeth, over all the dominions and countries tlmt then did or thereafter ithmihl he- long to the Imperial Crown of this realm." And the 7th section of the same statute substitutes an oath to be taken by Roman Catholics, in lieu of that required by the before-mentioned stattite of Elizabeth. Now, it strikes me that nothini; can more clearly prove that the Bri- tish Parliament held that the Church of England was the Established Church of Canada than this act; if otherwise, the statute of Elizabeth could not apply to its inhabitants, and if it did not apply, there was no necessity for relieving them from taking the oath prescribed in it, to be taken by persons assuming office. The next statute I shall refer to, is one of which we are in the habit of speaking in exalted terms, is the act confen-ing on us our Constitu- tion — that constitution in \irtue of which we are authorized to sit and deliberate as representatives of the people, in a Legislative Assembly. The 38th ' ect/on authorises the Governor to erect and endow one or more parsonages or rectories as he may think fit, according to the es- tablishment of the Church of Eu'^land. The 39th section authorizes the Governor to appoint to every such parsonage or rectory an incum- bent, a Minister of the Church of England, who shall have been duly ordained according to the rites of said Church. The 40th section enacts, " That every such pi-esentation of an ncumbent 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 sufh incumbent or minister, shall be subject and liable to all rights of institution, and all other spiritual and ecclesiastical jurisdiction and authority which have been lawfully granted by His lS/iai]c^iys letters patent (not by act of Parliament,) to the Bishop of Nova Scotia, or which may hereafter, by His Majesty's Royal autho- rity, be lawfully granted or appointed to be administered and executed within the said Provinces, or either of them respectively, 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 law- fully made and received in England." Lastly, the 42d section enacts, " That any acts of the Legislature of either Provinces, which shall in any manner relate to or affect the establishment or dis- cipline of the Church of England, amongst the ministers or mem- bers thereof, shall be laid on the table of both houses of Parliament thirty days before the King himself shall assent to them. Now these sections of the constitution prove incontestably one of two things, either that the Church of England was the established Church in Canada before that act was passed, or, that by it that Church was then established, it being declared that all the laws and canons of the Church of England should be in force, and binding on the clergy. But there is no question whatever but there was no necessity for passing this act to establish the Church — its enactments were intended to authorize the Governor to divide the country into parishes and rec- tories — to provide for their endowment, and to confer on him the power of presenting incumbents to such parsonages and rectories * X. IF! 9'i APPENDIX, NO. IV. I ;lii i '!(ii' SH'i ' ■ when endowed. The Church of Enj^la.id was already established, it was a consequence of Canada becoming one of the territories belonp;- ing to the British Crown, and the only object of the statute was to give effect to its usefulness. The power and jurisdiction of the Bishop of Nova Scotia was founded on no statute, it proceeded direct from the Crown, and before the 31st, Geo. III. was passed, he exer- cised the spiritual power of Bishop of the established Church in Canada, in the manner declared in the 40th sections. Having thus remarked upon the different British Statutes relating to this subject, I will next advert to some of the acts of His Majesty and his government, shewing the light in which they regarded the subject. In the first place, by what authority did His Majesty autho- rize the installation and appointment of a Bishop to the Diocese of Quebec, if the power did not belong to him as the head of the church which he had sworn to maintain throughout all his dominions ; and having exercised this power, under what law does the Bishop act, and from what laws does he derive his ecclesiastical power? Clearly from the laws and canons of the Church of England, which declare the Church of England to be the established Church throughout the British dominions. The next evidence I shall advert to is one that I do not attach so much importance to as others may be inclined to do, but I will advert to it as being explicit of the views of the great statesman who intro- duced the 31st, Geo. III. into the House of Commons, I mean Mr Pitt. I am aware that it has been supposed by many, that the late Lord Grenville was the author of this act — such is not the case — he had nothing more to do with it than any other member of the cabinet; like all other acts of a similar description, it was originally drawn by the law officers of the Crown, undergoing many changes before it was finally adopted. When the clauses relating to the Church came under discussion, Mr Pitt in explanation of the object to which the reserves were to be applied, made use of these words, " The meaning of the act was, to enable the Governor to endow, and to present the Protestant Clergy of the Established Church to such parsonage or rectory as might be constituted or erected within every township or parish which now was or might be formed, and to give to such Pro- testant Clergyman of he Established Church a part or the whole, as the Governor thought proper, of the lands appropriated by the act. — He further explained, that this was done " to encourage the Estab- lished Church, and that possibly hereafter it might be proposed to send a Bishop of the established Church to sit in the Legislative Council." Nothing can be more explicit than this language, shewing, first, that it was considered as of course that the Church of England was the Established Church in Canada, and secondly, that the reserves were intended solely for its support. Mr Fox and Mr Dundas were both present, and neither of them denied the accuracy of Mr Pitt's state- ments or views. Mr Fox contended against the expediency of the pro- vision, alleging that either the Roman Catholic or the Presbyterian religion should be the established religion, — he however did not con- APPENDIX, NO. IV. 03 that the were both itate- pro- erian con- tend that that of Enj^land was not so, — and Mr Dundas urged nothhig in opposition. I Ijowcver will dofor further remark upon the tendency of these debates until I come to another branch of my argument, and will now prociHMl to a last, and, what ought to be with us, a conclusivn proof in favor of tiie right of tlie Church of England to be considered as the established church of these Provhices, — I mean the acts of our own Provincial Legislature. The first of these is the 33, Geo. III. cliap 2, and the first act passed to provide for the nomination and appointment of Parish and Town officers; and it is somewhat remarkable that in the bill recently introduced into this branch of the Legislature, no notice whatever has been taken of the enactments I am al)out to notice. By the 7th sec- tion of the act mentioned, it is provided that the inhabitant house- holders of the parish, township, or place, shall at their town meetings choose and nominate two lit and discreet persons to serve the office pf Town Wardens for such parish, township or place : but as soon as there shall be any church built for the performance of divine service "according to the use of the Church of England, with a parson or minister duly appointed thereto, then the said inhabitant householders shall choose and nominate one person, and the said parson or minister shall nominate another person, which persons shall jointly serve the office of Church Wardens, and that such Town Wardens or Church Wardens and their successors shall be as a corporation," d-c. Looking to this act only, (if there are not many others of equal im- portance,) nothing could more clearly demonstrate the understanding of the Legislature that the Established Church of England was the Established Church here; and that when parsons and Church Wardens were once appointed to any parish or place, they became as in Eng- land a corporation. This was assumed, — such a law conferring the same distinction on any other religious body was never so mucii as thought of; and in confirmation of this opini3n, I will next advert to the act passed in the same session of the Lef.^^ '"ture, viz. 33, Geo. III. chap. 3, This act was passed to confirm n .iges that had pre- viously been contracted within the Province, ana lO provide for the future solemnization of marriage within the same. What says the preamble? Why, that "whereas many marriages have been con- tracted in this Province at a time when it was impossible to observe the forms prescribed hjf laic, (what law?) hxf reason that there was no Protestant parson or minister duly ordained residing in any part of the said Province, nor any consecrated Protestant church or chapel within the same ; and whereas the parties having contracted such marriages, and their issue maif therefore be subject to many disabilities, — to quiet the minds," &c. Now this preamble admits that there then were Protestant parsons or ministers duly ordained, who were authorized to solemnize marriage within any consecrated Protestant church or chapel ; and who they were, is clearly enough designated by the reference to conseci'ated churches or chapels, within which only, according to the laws of England at that time, could marriages be solemnized, — and there only by ministers duly ordained according to the rites and forms of the Church of England ; and this M 04 APPKNUIX, NO. IV. I « 1 iiitprprotation is rondcrod oven more clear hy the subsequent parts and enartments of the same law, which confines the confirmation of mar- riajies therein referred to, to persons who were under no canonical disability to contract matrimony. The ca n o n. t oi thv Church of Enp;- land, or such as were adopted by it, no reasonable man will dispute were these here referred to ; thereby admitting their validity within the Province. Again, the same statute, for the purpose of facilitating the contracting of marriage in the Province, admits of the ceremony being performed according to the form prescribed In/ the Church of Ensriand by a Justice of the Peace, when neither of the parties reside within eighteen miles of any parson or minister of the Church of England ; but so soon as there shall he fice parsons or ministers of the Church of England severally incumbent or doing dnft/ in their respective parishes or jjlaces of residence within anyone district, then the authority given to the Justice of the Peace should cease. No notice of the existence of the ministers of any other denonrination is taken here; and why are the ministers of the Church of England thus distinguished ? — obviously because they were the ministers of the Es- tablished Church ; and when resident within any district to the num- ber of five or more, their right to solemnize marriage should supersede all others ; — it was never thought necessary to make a like exception in favor of any other class of ministers. I shall now shortly advert to the acts passed authorizing the solemnization of marriage by ministers of other persuasions than those of the Church of England. The first of these is the 38, Geo. III. chap. 4, and that passed in the present reign extending the provisions of the former. It is enough for me to ask, when it was thought necessary to pass any law authorizing minis- ters of the Church of England to solemnize marriage in the Province of Upper Canada ? No such act was deemed requisite because the Church of England is the Established Church throughout the British dominions, (Scotland excepted) and therefore its ministers carried with them the power wherever they went within those dominions to solem- nize marriage, in virtue of their ordination. Not so with respect to the ministers of any other denomination, and so thought the Legisla- ture of this Province, and therefore it passed the laws in question — incomplete nevertheless, the revision of which, I most earnestly recommend to those who are interested in their efficiency. The last act of our Legislature which I shall notice is one which, so far as it respects its bearing upon this question, is the most impor- tant of all — I mean the act " relative to the right of tithes within this Province" and which became a law in 1823 — having been reserved for the signification of His Majesty's assent, and being one of the des- cription of bills which by the constitution it was necessary to lay upon the table of both Houses of the Imperial Parliament, before such as- sent could be given. This act declares that " notwithstanding one seventh of the lands granted in the Province had been reserved for the support of a Protestant Clergy, doubts had been suggested that the tithe of the produce of land might still be legally demanded by the incumbent duly instituted, or Rector of any Parish, and it is therefore enacted, That no tithes shall be claimed, demanded or re- is and r mar- nnual f Eng- lisputo within iitating cmony irch of i reside irch of iters of n their •t, then e. No ition is nd thus the Es- c num- perscde ;ception dvert to linisters 'he first present If me to minis- 'rovince use the British ied with solem- spect to ^egisla- stion — arnestly which, t impor- thin this erved for the des- lay upon such as- ling one rved for sted that nded by ind it is d or re- APIM.NDIX, NO. IV. 95 Ceived by any ecclesiastical parson, rector or vicar of the Protestant Church, within this Province." Now this act plainly establishes two points; first, that the reserved lands were in lieu of tithes, and secondly, that they were set aside for the Clergy of the C'hurch of England, they only i)eing known or designated ns parsons, rectors, or vicars. — Further connnent on the various statutes must be considered super- fluous, and I shall now pass to the last head of this branch of my argument, by merely mentioning what will not, I believe, be denied by any lawyer, that to libel, or attempt to bring into disrepute the Liturgy of the Church of England is an indictable offence, while in like manner to treat the Confession of Faith of the former or doc- trines of any other ('hristian sect, (unless some scandal is thereby brought on the Christian religion) cannot find the like protection anv where out of Scotland. And why is this? Because the Liturgy of the Church of England is recognized and established by law through- out the British dominions (Scotland excepted), and is therefore pro- tected from contempt or derision, in the same manner that the authority, power, and supremacy of the Crown is protected from insult or seditious attack. The truth is, that wherever the authority of the King of England extends, (Scotland excepted) the existence and pre- eminence of the Church of England accompanies it; by the terms of the constitution, and in virtue of the coronation oath, the one cannot exist without the other. And here I will dismiss this part of the sub- ject, and proceed to others tiiat have reference to expediency rather than right. And in the first place it is contended that whether there be an established Church or not ; there ought not to be one. I feel how incompetent I am to add any new arguments, to the numerous and powerful opinions that have been advocated by the most enlight- ened of all countries in opposition to this view ; I merely recall to the recollection of hon. members a few of the more obvious reasons which are urged in favor of an established Church. And in the first place I will request hon. members to recollect that the connection of Church and State is to be traced to the earliest periods. The Jewish religion, the foundation of our own, was identified with the state; the sovereign in fact reigned in virtue of its ordinances, and was bound to their observances ; and upon the Christian dispensation, the first mo- narch that embraced its tenets, as was observed by my honorable fiiend from Lanark, proclaimed it to be the religion of the state. The great Constantino declared himself, by miraculous interposition, a convert to the religion of Christ, and whether sincere in his professions of con- version or not, he marched to battle and to conquest under the sign of the cross ; and being established on the throne of the world, he vouchei his sincerity in the faith he had avowed, by confirming to that religion ; through whose influence he had conquered, for the rest of his life ; and from that period to the present throughout the whole Christian world (with one exception) there has existed an established religion in every kingdom : at least I am not aware of any other ex- ception than that I have alluded to. And is it not right that it should be so ? if we believe in the supremacy of the Almighty, if we admit that by his permission kings reign and nations exi * — if we acknow- i «0 Al'I'lL.ViJlX, NO. IV. !P! i ledge tliut from liitii we derive every blessing — und that by his power we are |)rotected, can any goveriinienf iiope to prosper, that does not shew its reverence and its gratitude, by endeavonring to the utmost to sustain, eherlsh, and enforce obedience to those divine laws, upon which is based all human institutions — and without which they must perish? It is true that iiuman laws cannot always restrain the licen- tious practices of the profane, much less can it control the impious mind of man, but it should at least guard against all open avowal of infidelity — and in reverence of the Creator, shew at least a resolution to enforce obedience to his conniiandments, as far as man can control his fellow. In opposition to this reasoning it is said that the genius of the age is against all restraints upon the conscience whether of reli- gion or otherwise. And as a proof, it is declared that in England the Eeople are anxious for a separation (>f church and state. Nothing can e more unfounded than this o})inion — the people of England on the contrary are enthusiastically attached to the existence of the Estab- lished Church, and no one thing, as has been universally admitted, so powerfully conduced to the overthrow of the late Ministry as the no- tion that prevailed that it was inimical to the Church establishment. It may be recollected that about a year ago His Majesty addressed the Bishops in a speech emphatically declaring that he would sustain in its purity and efficiency the Established Church. I was in England at that time, and it is not easy to describe the enthusiasm with which this address was hailed throughout the kingdom — so much so that a prominent member of the House of Commons, opposed to the views of the King, stood >ip in his place and declared that " the opinion of His Majesty had spread like wild-fire througli the kingdom, and that he would be sustained by his su))jects to an extent that convinced him, His Majesty's then ministry could not exist." And the truth of this prediction has been verified. The truth is, that the only unpopu- larity under which the Cliurch in England sutlers, is from the mode in which its means of support are collected — if it were possible to sus- tain the Church there, in the same manner that we have it in our power to do here, we should hear of no complaints — happy would the people be if such means existed among them. There are, it is true, examples of the dissolution of the connection between Church and State — France affords the most conspicuous, and what are the lessons it teaches ? For years the disciples and teachers of atheism and infidelity, had taught their pernicious doctrines ; con- • tempt and derision of all religious observances were the first fruits — next came clamorous complaint, and open defiance of the laws — revo- lution and bloodshed followed, and the fair fields of France, and of the most beautiful countries in the world, were laid destitute ; the religion of Christ was denounced, and the altars, dedicated to the worship of the Most High, were cast down and destroyed, and the ministers of His word were slaughtered, and their blood deluged the places sacred to the ordinances of the Almighty. This course of wickedness and impiety however, had its termination ; alter a season men began to reflect on the consequences of their unchristian con- duct — reason and religion resumed their sway, and the worship of the APl'KNDIX, NO. IV. 97 of tin Almighty was once moro rostoroil, mid in tlio re-estublisliniunt of His onliiiuncos tlio throne soufrht its only certain protection and scrnrify. A neighhonrintr conntry has also neen ri'ferred to as atVording an example of a government existing withont the snpport of an established religion. Of the constitution of the I'nited States I wonid sjunik with the greatest ri'spect, l)ut if I were to point out one proof, stronger than any othi'r of th(> disadvantages, temporal as well as s[)iritnal, arising from the want of an estahlishcil religion among the people, I would point to the example of that country. It is said that the de- claration of indenendence was drawn up hy the late Mr .lell'erson ; if 80, the blot whicij above all others disfigures and disgraces that docu- ment, viz. the absence of all acknowledgment of a superintending Providence, and the want of any recognition of the duties of man to his Creator, may be accounted for by its being the work of one who was confessedly deeply ind)ued with the infidelity of Voltaire, llous- seau, and others of the ^'reiu'li sdiool, w hose writings, it is universally admitted, led to the Uevolution, and horrible crimes that attendtnl it in France. May British subjects keep the dreadful less(tn constantly in remembrance, and avoid similar disastrous conse(|uences. Writers of every political creed, are, for the most part agreed that the absence of an established religion in the United States, is a want that tends more than any other defect to render the government insecure; it wants the main pillar and support of all earthly governments; vi/. the sup- port derived from a direct acknowledgment of the power of the King of kings, and the recognition on the part of the State, of the duty to yield obedience to his laws, and to punish the transgressors of his coni!lT!ffllls. The Church of England is abundantly tolerant, and the laws of the empire punish no man for his religious opinions, provided they are not offensively promulgated ; but open denunciations of the Christian religion are not only punished because of our duty to shew our reverence to what is sacred, but to protect the community from the scandal of having the minds and feelings of the pious and virtuous outraged by open exhibitions of irreligious protlinacy and blasphemy. The maintenance and protection of the Christian religion is a prin- ciple of our constitution, and must continue so while the monarchy exists. It is otherwise in the United States; infidelity and blasphemy stalk abroad there, and are openly taught and avowed without any no- tice being taken of these disgusting enormities by the civil magis- trates — if there be any truth in the predictions of holy writ, a dreadful punishment must, some day or other, fall upon a nation thus regardless of its highest and most sacred duties. But if these exam- pies of the opinions of men of other countries are adduced to estab- lish one side of the argument, it is proper we should bring under notice the not less valuable opinions of men of our own country, in favor of the opposite. What then is the opinion of the great body of dissenters in England, especially that most respectable, extensive, and influential class, the Methodists ? Is it not notorious that recently, at a time when the dissevering of Church and State was apprehended, that they in a body, stood forth in defence of the institutions of their forefathers, and to maintain in umpaircd vigor, power and purity that \-- OB ^ ii. I ''•'•' ■K' It-) '^^^ AIM'CNDIX, NO. IV. Church from which they sprung, and in the continui'.nce of which they declared their belief, was iiivolved the security of religion itself. They foresaw that if the Church of Englrnd were prostrated, the des- truction of the monarchy must follow, and they would themselves be left without protection ; and happy am I to think that this feeling is rapidly gaining ground in this Province. The union of the British and Canadian Methodists is an event which every good man, every friend to religion and the peace ot he country must and do hail with delight ; it disturbs those only who seek discord, and hope to ben ^ ' by the disunion of those who alone have the power to frustrate their treasonable designs. This same feeling prevails equally among other classes of dissenters, especially those from the Kirk of Scotland — they may claim a different form of church government for themselves, but they deprecate the attempt to disturb that which binds the State to the protection of religion, by separating it from the established church. And as to the notion that by separating Church and State the minis- ters of the former will avoid all interference in secular matters, nothing can be more fallacious, and in proof of this, let me ask whether minis- ters of the different denominations in the United States, struggle on every occasion of a political contest, to gain the ascendancy ? It is notorious that such is the case, neither can any one who through the country, especially the New England States, fa* struck with the unhallowed strife that exists between the ( sects, especially those who are denominated Orthodox and Ui The existence of an established religion keeps the rivalry unde jection, and tends, above every thing else, to sustain harmony i the great family of conscientious dissenters. I shall now advert to the opinion entertained by many consci- men, that ministers of religion should obtain their support fr voluntary contributions of the people, and, therefore, that the Cle y Re- serves should be applied to some other purpose : and I shall I H an- swer this position by showing the undeniable advantages that flow ^rom a settled and permanent provision for the Clergy. Public provision being made for the respectable support and maintenance of the minis- ters of religion ensux'es a more learned body than if left dependant on voluntary contributions. It is not probable that our universities would be thronged as they are now, with the sons of gentlemen and men of fortune, who are looking to the church as their future profession, if when ordained they would be left to voluntary contributions for their maintenance. It unquestionably is, and always will be found to be a powerful motive with all men who aim at being ministers of religion, to pursue their purpose, to be assured that when ordained they are not left to chance for their support ; and if learning be a necessary dis- tinction in a clergyman, (and no one will dispute it) hold out to the youth who arc piously disposed, the assurance, that if they devote themselves to atudy and preparation for their sacred calling, they will not be left destitute or dependant on mere charity for their sustenance. This certain prosject of reward has, no doubt, led many men to seek church preferment, who afterwards adorned and enlighidned mankind by their piety — their learning — their virtue — their labours and exam- travels to be fferent 'arian. sub- long tious 1 the APPENDIX, NO. IV. 09 long plary duties, which are best calculated to dignify and render happy the whole human race, and who, but for that circumstance, might have turned their attention to pursuits that, comparatively speaking, would have conferred but little benefit on their fellow creatures. When also ministers are raised above dependence on the generosity of their flocks, they feel themselves more at liberty to preach the truth as it is, rather than as their congregation might wish it to be, than they would if their creed, and the support of their families depended on the capri- cious feelings of an uncertain multitude; and, besides, their having no motive to depart from purity of doctrine, and being fearless in the dis- charge of their duty, the parson or rector of the English Church, being established in one place, soon acquires a knowledge of each of his parishioners, his wants and his wishes ; he identifies himself with the prosperity of each; he secures to himself their affection — they look up to him not only as their spiritual guide, but as their friend and ad- viser — he becomes the arbiter of all tiieir differences — the reconciler of their disputes, and the preserver of their peace and friendship : in all their difficulties they look up to him for advice, and in their afflic- tions they appeal to him as to a father. These are a few of the many advantages that result from a settled clergy, raised above the necessity of seeking support from charitable or other kinds of voluntary contri- butions. It has been by some asserted, that tithes in England are a heavy burthen upon the people. I will not argue this point, but I will venture to say, that the amount levied by various direct and indirect means in the United States for the support of the different ministers of religion, amounts to a far greater amount than is generally levied, probably greater in proportion for the number of inhabitants of the country than are levied on the people of England. In fact, the whole country is spread over with persons asking support to this minister and to that ; and the amount thus collected, if report be true, is almost incredibly great ; and when we come to enquire as to the manner in which these vast sums are applied, it will be found that in many in- stances it is given to defray the fixed salaries of the clergy, placing them as much as possible beyond the reach of chance for their stipport. This system is pursued by the British Methodists — and from the large funds they now possess, they are enabled to give their Missionaries an outfit, defray the expense of their passage to the places of destination, and when there to pay them a sum that maintains them in respecta- bility ; so that it will be found, that all denominations feel the impor- tance of having some settled support, and that they consider it no small disadvantage to their usefulness to be without it. Next, it is asserted that it is inexpedient to continue this appropria- tion because the people desire to do away with it — others say that all denominations of Christians should participate — and the supporters of this bill contend that the whole reserves should be applied to purposes of education. For my own part, I have no proof that the people de- sire to do awav with the grant set aside, by a gracious Sovereign, for the support of that Church he had sworn to maintain throughout his dominions, Scotland excepted, on the contrary, if we may judge from the rapid encrease of Churches erected by members of the Church of • I I 100 APFKNDIX, NO. IV. England, an encrcase that may be said to be greater than of any other description of Christians within the Province — the constant and press- ing demand for additional ministers, and the vast influx of members of the Church from Great Britain and Ireland, I think it may be fairly augured that ere long it will be considered anything but popular to pursue this attack upon the property of the Church. Indeed, I have myself felt satisfied that the members of the Church of England far exceed in number what is generally imagined — in my opinion they rank next to, if not equal with the Methodists, and it would perhaps, be no exaggeration to say that 100,000 souls in this Province may be pronounced as belonging to the Established Church. One fact may be adduced in some degree shewing the truth of this assertion. When I went to England two years ago I was the bearer of petitions from 7,000 inhabitants against any interference with Church property — and these persons signed the petitions without any effort being made to obtain them, beyond fairly and truly explaining the object of these petitions, a course pursued in conformity with distinct instructions to that effect — and well assured am I, that if half the trouble had been taken to procure signatures to these petitions that were used to obtain them to addresses infinitely more exceptionable, that the number might have been doubled. As to the division of the reserves among all denominations, the thing is utterly impracticable, and the fancied evil of them belonging to our sect would not be remedied; give to all existing sects to-day and those that spring up to-morrow will complain that their pretensions were not anticipated. They might be divided among two or three, and but for the unfortunate course which my hon. friend from Lanark has taken, the Kirk of Scotland might have participated, but he has destroyed the hopes they might have entertained ; and finding this to be the case, he has become forgetful of his own safety, and the rights of others — aiming at their destruction, he has brought a falling edifice upon his own head, and buried himself and his friends in the ruins. For my own part I have ever wished to see the Kirk of Scotland maintained and provided for from public resources — and if these have not been granted to a greater extent, the members of the Established Church are not to be blamed. With respect to the bill under consideration my present impression is that it is without the limits of our constitutional power to pass it ; we are authorized to regulate the appropriation of our laws, but not to destroy or alienate the endowment. But apart from this, is it not most unreasonable to ask for the whole of these reserves for purposes of education — can it be imagined that any such claim will be sanc- tioned ? I feel confident that it will not, because it ought not. Lands have to a large amount been already given for the education of the people of the country, and if more be required they must be sought for in some other quarter than the reservation for the Church. I for- bear remarking upon the insulting language of the preamble and other parts of the bill — as being not worthy of grave consideration. And now Mr Speaker, I will ask why is the established Church thus assailed ; can it be alleged against her that her Litany is not holy, :i ■- APPENDIX, NO. IV. 101 that her doctrines are not pure, that her practices or principles are in any respect reprehensible. It is not for human lips to pronounce the eulogy of the Church of England ; as well might we attempt to add dignity to the attributes of the Deity by the praises of mortal man. Again 1 will ask, are the ministers less pious, less learned, or less anxious for the spiritual welfare of their fellow men ; are they found to be intolerant, persecuting or bigoted ? are there any men more de- voted to the sacred duties of their calling ? some exceptions may be found among them, as must be the case among all descriptions of per- sons ; but without vain boasting they may challenge comparison with any other class of Christian ministers, and this no persons are more ready to admit than the respectable portion of the community, of whatever sect or denomination. I am aware that it has been alleged that in this country the Clergy of the Church of England have been found to mix themselves too much with political party; but in this as in every thing else the greatest injustice has been done them by those who seem to have taken delight in misrepresenting them. It has pleased the Sovereign to call to his Councils in this Province (without solicitation) one distinguished clergyman of the Church of England ; and because, in the necessary performance of duties thus imposed upon him, he has at times taken a part in the public business of the Province, he has been assailed with a virulence and malignity of enmity that has seldom been surpassed. But, Sir, the force of these assaults have long since been spent, and th^justly beloved and honored object of unfounded and ungenerous reproach stands forth at this day with a character as spotless and free from stain as it had ever been. Often within my own knowledge has ray respected friend been accused of promoting measures which, by some persons, were considered as injurious to the interests of the country, when in truth he had used every exertion in his power to prevent them. But the enmity of man against his fellow requires no proof of any accusation, assertion true or false, will answer present purposes, and that is all that is cared for. Happily, however, better times and better feelings have arisen ; it is beginning to be seen and understood that the Archdeacon of York interferes no further in pub- lic matters than such as are strictly required of him, and which relate to those great interests in the preservation of which he is particularly interested. His labors, untiring and unremitting, for the advancement of education since he first placed his foot in this Province — the vast benefits he has in that respect conferred on the country — his devotion to his sacred duties — his active benevolence — his almost unbounded charity — his hospitality — his goodness of heart — his firmness of friendship — and his unflinching integrity, are qualities too conspicuous in his character to be overlooked or denied ; and when it shall please Divine Providence to remove Dr Strachan from this world of care and anxiety, he will be followed to the grave by the tears of the widow and the fatherless, and of thousands whose sufferings he had alleviated, and who looked up to him with gratitude as their benefactor and friend, — while his memory will be cherised with reverential respect by the good and the virtuous wherever he was known. I ought per- N 10-2 APPENDIX, NO. V, |H<. ; lit**';' haps to apologize for what might seem a digression, but I could not restrain the humble tribute I have offered to the acknowledged merits of a valued friend. I shall now conclude these remarks by expressing an anxious but confident hope and belief, that the attempts now made to destroy the influence and usefulness of the Established Church in this land will prove abortive — for my own part I rest contented in the conviction that that which was bestowed for the wisest and holiest of purposes will be protected and maintained by the Author of all good, in despite of the bad passions of misguided men who are seeking for its overthrow: and although the bitter waters of strife and envy are for a time let loose and are permitted to surround and rage against this heavenly edifice, it will withstand the assault, — its glory cannot be over- shadowed — its light cannot be extinguished, nor its influence destroyed, until religion and morality shall have been overwhelmed and abolished, by the universal corruption of mankind. ii; No. V. f See page 50. J ■r (From tlu> Kin;»sto« Chroiiide and Gazette, May 9, 18*5.) Clergy Reserves. — Remarks on the Debates upon that Subject, by a Member of the Scottish Church, in Lower Canada. To the Editor of the Kingston Chronicle and Gazette. Sir. — The debate on the Clergy Reserves Bill, in the House of As- sembly of your Province, which took place on the 4th, was inserted in your paper of the 25th and 28th of last month. As the subject is interesting here, as well as with you, I have read it attentively, par- ticularly the speech of the Solicitor General, who enters more fully into the subject than the other speakers and treats it as a legal ques- tion. Few, if any of his arguments are new, having appeared before in several anonymous publications ; but as they are now advanced and avowed by a gentleman holding a high official situation, whose opinion will no doubt have much weight with those who have not examined the question, I request room in your valuable paper to state opinions widely different from his ; and, though I do not feel equal to do jus- tice to the subject, yet what may be advanced on the other side will, I doubt not, convince every unprejudiced and impartial mind, that his opinions are not well founded. His object is to prove. First — That the Church of England is the Established Church, in all the British dominions, Scotland only excepted: and ; Second — That the lands directed to be set apart, by our Constitu- APPENDIX, NO. V. ion tlonal Act, (31, Geo. III. ch. 31) for the support of a "Protestant Clergy," are destined by that Act solely for the support of the clergy of the English Church. I shall endeavour to examine, as briefly as possible, the authorities and arguments advanced by him in support of these doctrines, in the same order nearly as they occur in his speech. He first refers to, and quotes from, the Acts, 26, Henry VIII. ch. 1, and 1, Eliz. chap. 1. The object of these Acts, particularly the last, as stated even by himself, was to prevent any foreign power from exercising authority of any sort within the realm and the dominions that then did or afterwards might belong to the Queen and her suc- cessors. But it does not appear that this enactment bears upon the question of establishing the Church of England more than any other, in the Colonies. The Church of Scotland has never acknowledged nor permitted any foreign power to exercise jurisdiction, either spiritual or temporal, in that kingdom nor in the branches of her na- tional Church established in other parts of the British dominions And, though she does not admit or understand the King's supremacy in the same sense as the Church of England does, by allowing him to prescribe to her forms of prayer, &c. yet as she does not recognize any head on earth superior to the King, and he sends a Commissioner every year to sit in the General Assembly of that Church, it must bo allowed that she complies with the provisions of the 1st of Elizabeth, since no enactment was made before nor at the time of the Union with England, that ever I heard of, to relax the provisions of that Statute in favor of the Church of Scotland. It may, however, be mentioned as a curious fact, rather than of any importance in the present discus- sion, that the British Parliament, soon after the Union, passed an Act (10, Anne, ch. 7) by which Ministers of the Church of Scotland, as well as Episcopalian Ministers officiating there, are required to pray, once at least every Sunday, for the Queen, without prescribing the form of prayer, under a penalty of twenty pounds for the first neglect, and for future omissions there are more severe penalties. But it is believed this. Act was occasioned by the conduct of the non-juring Episcopalians more than that of ministers of the Scottish Church ; for the latter were generally in favor of the Union, and by their modera- tion and firmness contributed much to bring it about.* With regard to the new Roman Catholic subjects in Canada : by the fourth article of the Treaty of Peace of 1763 — "His Britannic Majesty, on his side, agrees to grant the liberty of the Catholic re- ligion to the inhabitants of Canada, &c, as far as the laws of Great Britain permit." And by the Act of 177*4, (14, Geo. III. cap. 83) an oath of allegiance is prescribed, expressly for them and their de- scendants. So that it appears they comply In part with the Act of Elizabeth and it has been partly relaxed in their favor. Were it not that, by the Act of 1774 and also by our Constitutional Act, the Priest cannot exact tithes from ihose who do not profess their religion, the Church of Rome would in fact be the Established Church in all I I % * See Do Foe's History of the Union, pages 219, 2.35, 255 and 202. i i 1:1 I! i!i W l 104 APPENDIX, NO. V. the country parishes, at least, that were laid out and settled in 1774^ Even as the law now stands, she seems to have as good or rather a better claim to that style and title than any other Church in the Canadas. The argument in favour of the Anglican Church drawn from the Act of Union (5, Anne, ch. 8,) is lame and inconclusive. One great fallacy lies, in Mr Hagerman giving (as others have done before him) to the word Territories, at the end of the coronation oath, an exten- sive signification which does not belong to it, so as to include, like the Act, first of Eliz. all the dominions or countries that then did or af- terwards should belong to the Crown of Great Britain. But, what- ever meaning may be assigned to the word as there used; is it possible to believe that the mere form or ivords of the oath can establish the English Church, or any other Church, in Territories where it was not previously established by some positive parliamentary enactment for that express purpose. After discussing the Articles of Union, the Scottish Parliament, apprehensive that their religious liberties might be in jeapordy when the British Parliament should be formed, where the Representatives of Scotland were to consist of a small minority only, passed an Act for "securing the Protestant religion and Presby- terian Church Government," in that Kingdom. In this act it is enacted, — " And lastly, that after the decease of her present Majesty (whom God long preserve) the Sovereign succeeding to her in the Royal Government of the Kingdom of Great Britain, shall in all time coming at his or her accession to the Crown, swear and subscribe, that they shall inviolably maintain and preserve the foresaid settlement of the true Protestant religion, with the government, worship, discipline, rights and privileges of this Church, as above established by the laws of this Kingdom in prosecution of the claim of right." In another section of the same act the following words occur, — " declaring nevertheless, that the Parliament of England may provide for the security of the Church of England as they think expedient, to take place within the hounds of the said Kingdom of England" &c.* Afterwards, when the Articles of Union came to be considered in the English Parliament, they also passed an Act, " for securing the Church of England «* by law esfnblished" This act prescribes the form of the coronation oath, and as it has, in my opinion, been much misenterpreted or misunderstood, I give it at length. " And be it fur- ther enacted," &c. " That after the demise of her Majesty (whom God long preserve) the Sovereign next succeeding to Her Majesty in the Royal Government of the Kingdom of Great Britain, and so for ever hereafter, every King or Queen succeeding and coming to the Royal Government of the Kingdom of Great Britain, at his or her Coronation, shall in the presence of all persons who shall be attend- ing, assisting, or otherwise then and there present, take and subscribe an oath to maintain and preserve inviolably the said settlement of the Church of England, and the doctrine, worship, discipline, and govern- * In this, and some other quotations, I have marked words as emphatical, though not so in the original, wishing them to be particularly noticed. APPENDIX, NO. V. 105 ment thereof, as by law established within the Kingdoms of England and Ireland, the Dominion of Wales, and Town of Berwick-upon- Tweed, and the Territories thereunto belonging." This act and that passed by the Scottish Parliament were engrossed with, and make part of, the Act of Union between the two King- doms. I must now refer to a very important part of the Act of Union, as applying to the Colonies generally, and which is not even mentioned by the Solicitor General ; namely, the fourth article, which is as fol- lows : — " That all the subjects of the United Kingdom of Great Britain shall, from and after the Union, have full Freedom and Intercourse of Trade and Navigation to and from any Port or Place within the said United Kingdom, and the Dominions and Plantations thereunto be- longing : and that there shall be a communication of all other Rights, Privileges, and Advantages, which do or may belong to the subjects of either Kingdom ; except where it is otherwise expressly agreed in these Articles." The most careless reader will notice the difference between Do- minions and Plantations used here, and Territories in the coronation oath ; and when words so different are used in the same Treaty or In- strument, they must have different significations. In this article the words in question evidently mean Colonies, Provinces or Possessions at a distance beyond the seas, which are synonymous with Dominions and Plantations ; but I have not seen Territories used in the same comprehensive sense, in any act of Parliament. I shall now endeavour to shew that Territories, in the coronation oath, refers only to the Islands of Jersey, Guernsey, and perhaps other small Islands ; the ancient Territories of England, before she had ac- quired more distant " Dominions and Plantations" beyond the seas. The only act of the English Parliament, before the Union, which can apply to Canada in religious matters, is the first of Elizabeth, on which the Solicitor General relies very much ; he also refers with confidence to an act of the British Parliament (14, Geo. III. chap. 83,). But, after what has been said regarding these acts, really I cannot perceive how one or the other, or both together, can be said to establish the Church of England in Canada. Their chief object is to establish the King's supremacy, in his own Dominions, to the exclusion of any fo- reign jurisdiction or power, and particularly that of the Pope of Rome. In these Acts, supremacy is perhaps not clearly defined or explained, but if His Majesty and the Cabinet Ministers are satisfied that his supremacy is duly maintained, surely none of his subjects have any reason to complain. The Act of Union merely secures the Church of England as then by law established ; but does not by any means extend it to places where it was not previously established ; it has indeed been attempted by some to misconstrue the exception at the end of the fourth Article, so as to signify that the religious establishment of the English Church in all the Colonies equally as in England, was excepted ; but the 5th, 6th, 8th, and 11th Articles contain e,rpress stipulations in favour of 4^ 106 APPENDIX, NO. V, ii'i ii'i I I ' H.) m 'I ■1; tho subjects of one Kingdom, which are withheld from those of the other kinf»dom, which sufficiently explains and accounts for that ex- ception. Jk'sides, tho words of the coronation oath can never, by im- plication merely, extend the Church establishment: for, to do so would require an express enactment or stipulation, in some of the other ar- ticles, for that purpose. It is proper to consider the acts of the ling- lish Parliament that arc particulary referred to, and confirmed, by the Act of Union in order to sec how far they extend or establish the English Church. These are the 13, Eliz. chap. \^, "An Act for the Ministers of the Church to be of sound religion." And 13 and 14, Charles II. chap. 4 — " An Act for the uniformity of the Public F ers," &c. Also, " all and singular other Acts of Parliament now i orce for the establishment and preservation of the Church of Eng- land," &c. On referring to 13, Eliz. it will be found that tho preamble indeed, states — " That the Churches of the Queen's Majesty's Do- minions may be served with pastors of soimd religion. Be it enacted," &c. But the dominions of England were then very small, there being none on this side of the Atlantic,* and no general words are used to extend the provisions of this Act to Dominions or Colonies that were acquired afterwards ; such as are inserted in the Act of Supremacy, already referred to. The other Act, 13, Charles II. is expressly limited in its operation to Erij^land, Wales, and the Town of Ber- wick-upon-Tweed. Also the Test Act (25, Charles II. chap. 2, now repealed or greatly altered) was confined in its operation to all persons holding any office, civil or military, in England, Wales, the town of Berwick-upon- Tweed, or in His Majesty's Navy, or in the several islands of Jersey and Guernsey, Likewise in an Act passed some years after the Union, (1, Geo. I. statute 2, chap. 13) "An Act for the further security of His Majesty's Person and Government," &c. by sections 2 and 3, the oaths and declarations, to be taken and made in England, are not required farther than in Jersey and Guernsey, and by Officers of the Army and Navy. From these acts it appears that the Church of England is at least partly, if not fully, established in these two islands, and, as they are not named in the coronation oath, it is evident that the word "Territories" is introduced to include them and any other small islands or places where that Church was con- sidered to be established ; for the Union as we have already seen, merely secured the Church Establishment, but did not extend it to places where it was not previously established. At the commencement of his speech, Mr Hagerman says he believes the subject has not heretofore undergone much discussion. This is a mistake, for it appears that in New York and New England, when they were British Provinces, at least eighty years ago, the doctrine was stoutly contended for, that the Church of England was the Es- tablished Church there and in the Colonies generally. Mr Smith took the other side of the question, and in his Histery of New York •I- I • The first attempt to plant a Colony in America was made in 1583 or 1584: about the 25th or 26th year of this reign. See Ency'a, Brit'a. 4th edition, article — RAi.Kir.ii. APPENDIX, NO. V. 107 ?en, ; to (part 6, ch;i;>. iv.) published first in 17.5G, has refuted the chief part of Mr Hagcrman's arguments. Indeed much of what I now advance, is only the i.leas and arguments of Mr Smith, hut not so fully and for- cibly expressed as in his work. After speaking of our Constitutional Act, the speaker adds — " The Church of England was already established, it was a consequence of Canada becoming one of the territories of the British Crown, and the only object of the Statute was to give elFect to its usefulness." He then speaks of the Bishop of Nova Scotia having previously exercised spiritual jurisdiction and power in Canada, which was founded on no statute. Soon afterwards he puts these questions — "In the first place, by what authority did His Majesty authorise the installation and ap- pointment of a Bishop to the Diocese of Quebec, if the power did not belong to him as the head of the church which he had sworn to maintain throughout all his dominions ; and having exercised this Eower, under what law does the Bishop act, and from what laws does e derive his ecclesiastical power?" lie then gives the following an- swer to his own questions — "Clearly from the laws and canons of the Church of England, which declare the Church of England to be the established Church throughout the British dominions." From the interpretation given by the Solicitor (ieneral to the coro- nation oath, I cannot help having doubts of his accuracy in what he says of the "laws and canons of the Church of England;" — more es- pecially as he neither quotes them nor informs us where they are to be found. But, in whatever terms they may be couched, they can be of no force or validity in Canada, except it be in a spiritual sense, un- less confirmed and extended to this country by some Act of Parlia- ment; as will hereafter be shewn. In the above quotation, a doctrine, assertion, or principle is advanced, supposed to be derived from the common law of England. Though it is not new, yet the best autho- rity for it, that has come to my knowledge, is a pamphlet published in London, about twelve or thirteen years ago, and signed a member of Parliament. It is there more neatly expressed, " The conquest of the country carried the King's religion with it." This doctrine was advanced in New York, about 1753, and was denied and refuted by Mr Smith, in his History of that Province, already referred to. What he says on the subject is too long to find a place here ; suffice it to mention, that, among other reasons to shew its absurdity, he points out as a consequonce of its adaption, that if colonies were planted or acquired when the English nation and their King were pagans or papists, the religion established in such colonies must be paganism or popery !* It is proper and requisite to refer also to Blackstone's Commentaries (vol. i. page 106, 107,). In speaking of "Jersey, Guernsey, Sark, ion, * The Honorable William Smith is good authority on questions of law. He died at Quebec, in 1793, after being Chief Justice of the Province for eight or nine years. A short biographical account of him was published in the Quebec Magazine, in which he was stated to be the greatest law character America ever produced. lOH APPENDIX, NO. V. (( M Ji |t>A',1 i i ' Alderney, and their appendages ;" among other particulars he states, They are not bound by common acts of our parliament, unless par- ticularly named." Now as these Islands and their appendages are not named in the coronation oath, is it not plain that the word territories is added so as to include them ? He then goes on to treat of " our more distant plantations in America and elsewhere;" and classes them into two sorts ; — those that are claimed by right of occupancy and peopled from the mother country ; and those that have been either gained by conquest or ceded to us by treaties ; in this class Canada is included. Having laid down the law regarding the iirst class, he pro- ceeds to the second class of colonies, as follows : " But in conquered or ceded countries, that have already laws of their own, the king may indeed alter and change those laws ; but, till he does actually change them, the ancient laws of the country remain, unless such as are against the law of God, as in the case of an infidel country. Our American plantations are principally of this latter sort, being obtained in the last century either by right of conquest and driving out the na- tives (with what natural justice I shall not at present enquire) or by treaties. And therefore the common law of England, as .such, has no allowance or authority there ; they being no part of the mother country, but distinct (though dependent) dominions. They are sub- ject however to the control of the Parliament ; though (like Ireland, Man, and the rest) not hound by any Acts of Parliament, unless particularly named" In regard to the power formerly exercised in Canada by the Bishop of Nova Scotia, I am not aware whether it was or was not conferred by statute ; but, being a spiritual power, as admitted in the speech (and from the account of his visit to this Province in 1789, it seems to have been nothing more*) he might perhaps hold it from the Royal authority only. However, it must be borne in mind that the Minis- ters of his Church in Canada received their chief support then, as I believe they do still, from the Society for propagating the Gospel in foreign parts ; and, had any of them hesitated to submit to his autho- rity his representations to that Society would, doubtless, have brought them to submission, by curtailing or withholding altogether their salaries. Ecclesiastical or spiritual courts and jurisdictions, unless aided by the civil power, are very feeble ; and in many cases require such assistance, " in repressing the insolence of contumacious delin- quents, and rescuing their jurisdiction from that contempt, which for want of sufficient compulsive powers would otherwise be sure to at- tend it." Possibly the Bishop of Nova Scotia may possess all requisite pow- ers in his own diocese, by the same means as he could heretofore exercise them in Canada; but I am confident he has more power there than ever he had here ; if not by British Statutes, at least by provin- cial acts. For a law passed in that Province, so long ago as 1758, enacts, " That the sacred rites and ceremonies of Divine worship, ac- cording to the Liturgy of the Church established by the laws of Eng- See the Canadian Magazine for 1825, article, Christ's Church, Montreal. APPENDIX, NO. V. IU9 pow- tofore there rovin- ,1758, ip, ac- Eng- real. land, shall be deemed the fixed form of worship, and the place wherein such liturgy shall be used, shall be respected and known by the name of the Church of England, as by law established." Provision is made at the same time for the liberty of conscience of those who do not belong to that communion. The clergy of that Church, however, claimed, and it seems still enjoy, the exclusive privilege of marnring by licence; an attempt, in 1818, to extend it to other clergymen hav- ing proved abortive.* Mr Hagerman answers his query, respecting the appointment, &c. of the Bishop of Quebec, in his own way; but I am not of his opinion. I have not seen nor can readily have access to the Royal Letters Patent, appointing him : on looking, however, at our consti- tutional act, section 40, the construction I put on it is, — that it gives the King the same power in Canada which he possesses in England, of appointing the Bishop of Nova Scotia, or any other person, to " Spiritual and EcclesiasticalJurisdiction and Authority," &c. "accord- ing to the Laws and Canons of the Church of England, which are lawfully made and received in England." Were the Church of Eng- land established here, in the sense contended for by the speaker, would not this clause be superfluous ? But farther. Letters Patent were issued, dated at Quebec the 12th August, 1818, a copy of which is now before me ; " erecting the Protestant Episcopal Church of Montreal in Notre Dame Street, into a Parish or Rectory, and appointing a Rector to the same," &c. &c. In these Letters Patent the 38th Section of our Constitutional Act is recited as the authority on which they are granted. Now it is not credible, nor can I bring myself to believe that the King could erect an extensive Diocese and appoint the Bishop, merely on his own authority as head of the Eng- lish Church ; yet that he required an act of Parliament to enable him to erect a rectory and appoint a rector to the same ! It is proper to notice, that, in the " Act for securing the Church of England as by law established," at the Union ; previous Acts of Parliament only, are referred to and confirmed, but not a word is said of the common law. The reason is obvious ; because the com- mon law had established the Church of Rome; for though Christianity be part of the common law,\ yet the establishment of the present Church of England rests altogether on the statute law. The opinions of the Solicitor General cannot, therefore, derive any strength or support from maxims supposed to be drawn from the common law. — One of his arguments I do not remember to have met with before, namely, " that to libel or attempt to bring into disrepute the Liturgy of the Church of England is an indictajt)le oifence," — that it is so in England, by Statutes 1, Ed. VI. and 1, Eliz. is beyond a doubt ; but these statutes do not extend to the colonies, and if such be at present the law in Canada, of which doubts may be entertained, as the question has never been tried, it can be only in virtue of the Act (14, Geo. III. • Halliburton's Nova Scotia, published in 1829 : vol. ii. page 298 to 302. f Blackstone Com. vol. iv. page 59. 110 AI'F'r.NDIX, NO. V. \ ir\ i. ell. 8i'), sue. 1 1 ) wliicli coiilinnH tlio use of the criiiiiiml luw of Kn^lund, ill this country, when? it hud hoeii niUniiiistortMi for moif than nine yours, and cnucts tiiat it "shall ho ohservod as law in the Province of Qiiohoc," &c. Ill confirmation of this and other points already advanced, I refer to the Book of Common Prayer itself, whore it will be found, that the Forms of Prayer and service, made for the 5tli November, 30th January, 20th May and ii5th October were, at the accession of Gcorpo III. ordered to be used yearly, in ull Churches, &c. &c. " within thut part of our Kingdom of Great Britain called England, the Dominion of Wales, and town of Berwick-upon-Tweed." Likewise at the accession of George IV. and his present Majesty, a similar order was issued for Prayers and service in all churches, &p.. "within those parts of our United Kingdom called England and Ireland." These orders follow the forms of prayer and service ; the two last include Ireland, being then united to Great Britain: they are signed by the Secretaries of State for the Homo Department ; but none of them extend even to the ancient " Territories" of Jersey and Guernsey, much less to " Dominions and Plantations" beyond the seas. The 5th November .and 29th May .are fixed as Holidays by Acts of the English Parlia- ment, for the security of their Church, before the Union ; but if they had been extended by the Union according to the Solicitor General's opinion, as I understand him, they would be in force here and in the other colonies. For the sake of further illustration and confirmation of what has been stated relative to ecclesiastical affairs, I refer to two Acts of the British Parliament during the reign of George HI. ; the titles of which are sufficient for my purpose. The first is of the 26th ye.ar, chap. 84, " An Act to impower the Archbishop of Canterhury or the Arch- bishop of York, for the time being, to consecrate to the office of a Bishop, persons being subjects or citizens of Countries out of His Majesty's Dominions." The second is of the 39th year, chap. 6 ; in which the Bishop of Quebec is also mentioned ; it is entitled, " An Act to permit the Archbishops of Canterbury and York, and the Bishop of London, for the time being, to admit persons into Holy orders specially for the Colonies." Thus it is evident that, though the King be head of the English Church, yet he cannot authorise even its Dignitaries to enlarge or extend the exercise of their spiritual or ecclesiastical functions, without an act of Parliament to impower and permit them to do so I The speaker refers to the Debates in the House of Commons, when our constitutional act was under consideration ; but does not attach much importance to this argument. Neither do I, for the speakers appear to have been of different opinions as to the meaning and intention of some parts of the Bill ; besides we are not certain that their speeches are correctly reported. It was during this debate that the difference arose between Mr Burke and Mr Fox, which was never made up ; and the reporters appear to have been more solicitous to give the particulars of that difference than what related to the Quebec Bill, which was not so interesting to the public. We have now the AIM'KNDIX, NO. V. Ill Bill ns it passed iiitii u luvv, and must hv ^uvcriied fhcn>l>v, iiidoss it shall l)(» re|)oalL'd or uuumkKmI. Your Solicitor d ncral, likt? others who have jfoiie hoforc him, fontends that, by that act, tlie C'lerjjy KontTves aro set aj)art for the Chureh of Ku^laiid ojily ; \iUl 'll'ENDlXj NO. VI. 119 Great Britain, therefore, in Canada was the Church of England alone to be the Established Church. When George the fourth ascended the throne his oath comprised the same thing, and also that of William the fourth. Does the Act of Union alter this ? quite the reverse : it re-enacts the provisions of the statute of Elizabeth regarding this matter. Now, the absurdity of any member of the Church of Scotland, standing up and pretending to advocate the claim of that Church to be an Established Church in this Province, nuist be evident to any disinterested, ingenious and candid mind. Now, is there any Presbytery which has the power of ordination? (Yes.) No there is not ; and I am glad the hon. and learned Speaker says yes, because I shall be happy to hear him undertake to make good the assertion. I am perfectly persuaded that the majority of the House are not assembled here for the purpose of advocating the claims of the Church of Scotland. If they pass these resolutions they will declare their willingness to place that Church over all others except the Church of England. This is the end and aim of the members of that Church. [Here the Sol. General read a petition of the Rev. Mr Rintoul ; upon which Mr Thomson rose and said, that whoever placed a copy of that petition in the hands of the hon. and learned Sol. General, it did not redound much to his credit. The Solicitor said he protested against the right of any hon. member to withhold from that House any information which he might possess on a subject of this nature. Mr Thompson denied that he had been guilty of any dereliction of duty in withholding the petition from the House, because it had not received the sanction of the General Synod.] Mr Sol. General replied that he had no doubt he withheld it from conscientious motives, and because he disapproved of it, but would he be told that when a document was put into his hands, a document which has for its object the destruction of the Church of which he was a member, would it be said that he was not at liberty to expose it? . He affirmed that the Church of Scotland was endeavouring to interrupt the course of proceeding which the House had already decided upon for the purpose of resisting the progress of a measure which was intended to place the matter upon such a footing as would satisfy all classes of the community. When he saw such discords attempted to be introduced, it could not but make his blood boil with indignation. (Hear, hear.) You may give up your Rectories, and you may give up your Clergy Reserves, but the Church of England must be the Established Church. (Hear, hear.) It is not in the power of the Legislature to say that, that which has been made universal by act of the Imperial Parliament, can be put down in any Colony belonging to the Crown of Great Britain. Do hon. gentlemen suppose that the Governor has the power of giving a single acre of the Clergy Land to the Church of Scotland? — he cannot do it. What do the petitions assert ? that by creating these Rectories, you give the Clergy of the Church of England a spiritual jurisdiction over other denominations, those who make this assertion have never looked into the law. How is it in England? Where is the rector who can exercise any jurisdiction of that kind ? And he would appeal to that 120 APPENDIX, NO. VI. JH -I I t I hon. Committee, whether the Ministers of any Christian denomination have discharged their duties more inoffensively than those of the Church of England. The Rectories take in only the small spot of ground on which the Church stands, and which the burial-ground comprehends. And what lands arc they which have been appropriated to those Rectories ? Perhaps it was not generally known that few, if any of the Reserves, had been given to them ; I am not aware of a single instance in which there has been any of the Reserves given. (Hear, hear.) But wherever glebe lots were found they were appro- priated. (Hear, hear.) But hon. gentlemen say, you should not give them any land at all, but on the contrary, annihilate those trifling endowments already made. They tell you distinctly and plainly, that they wish all those endowments to be rescinded — they seek to do that which was never attempted in any other country. To rob a Sister Church of that which a beneficient monarch has given her for her support. Look at the United States, where they do not even acknow- ledge the existence of an Established Church. Do they ever interfere with their endowments ? No, it is left for Upper Canada to show that spirit of hostility towards the Church, and attempt to take away those pittances which interfere with no right which existed, or can exist, yet, we find the Church is to be assailed and despoiled, and by whom ? By a sister establishment, as the Church of Scotland claims to be. Sir, I cannot give up the question without adverting to some other petitions, emanating, not from uninformed individuals, but from the ministers of the Presbyterian Church, complaining of the infringement upon the rights of that Church. (Hear.) Let the country under- stand it; let it be fairly put: what single right of theirs has been infringed upon? is there a single item of authority which can be exercised by the Church of England now, which could not before. I am sure hon. members will not affirm it, because it is not true; nothing could justify the assertion. The thing I chiefly complain of (and in this respect, the hon. gentleman who introduced these resolutions, has much to answer for,) is, that at the time when this House is endea- vouring to set at rest this long agitated question, it should be again disturbed by the interference of the Church of Scotland — the same party who interfered in the first instance. The contest is now just where it began, in consequence of the Church of Scotland again obtruding her claim, evidently showing that they have never been sincere in anything but in attempting to despoil the Church of Eng- land. And I would ask whether it is thought that these resolutions are such as are calculated to allay the ferment which it is said is excited in the country. For what purpose then are they brought forward ? I call upon this Committee, therefore, as men of honor to reject them. Some other members delivered their sentiments, among whom was the Speaker, Mr M'Lean : then The Solicitor General remarked, that his hon. and learned friend, the Speaker, had endeavoured to convince the Committee that the petitions contained nothing to give ofiFence to the Church of England. APPENDIX, NO. VI. 121 If they did not, what could give offence ? Did they not complain of the establishment and endowment of Rectories, wnich was provided for in the Constitution ? Those endowments were worth very little ; not near so much as the salaries which the ministers of the Church of Scotland received from Government. Then, they represented that the ministers of the Church of England wished to lord it over their consciences. Did any person believe it ? No, the ministers of the Church of England never thought of such a thing. The hon. and learned Speaker said, there was a spirit in the country that would not submit to domination. He (the Solicitor General) helioved it, he would allow no minister to lord it over him ; but there was also a spirit in the friends of the Church of England that would not suffer her to be rode over rough-shod by any body. (Hear, hear.) It is fair to give the following explanation of part of the fore- going speech; which must, at the same time, be taken as a tacit admission that the other parts are correctly reported. (From the Kingston Chronii-le and Gazette of 29tli March, 1837.) To the Editor of the Chronicle. Sir. — I have been much surprised to find that such credence has been given to the report of the debate on the Rectory question, as pub- lished in the Constitution, when in fact it is misrepresented. I wras present during the whole of the debate, and although there was a good deal of warmth expressed on both sides of the question, I venture to say that it was not caused by Mr Hagerman. In fact, I cannot fancy how any member of the Church of England could calmly discuss a report which, to say the least of it, recommended a direct violation of the 38th clause of the Constitutional Act, 31st, Geo. HI. as well as an act of injustice to their Church. I feel called upon in vindication of Mr Hagerman, to refer particu- larly to that part of the debate in which he is made to say, that the Quarter Sessions was a contemptible Court. The words were not gratuitous on his part, but had reference to language applied by others. The report of the Committee stated that the Church of Scotland had equal rights and privileges with the Church of England in this country by the Act of Union ; and Mr Hagerman in his remarks went to prove that it was never so considered in this Province, and instanced as a proof that the clergymen of the Kirk could not solemnize mar- riage without appearing before the inferior Court of Quarter Sessions. Some member immediately answered, " that contemptible Court," as it is called ; when Mr H. said, " yes, as it is styled that contemptible Court," or words to that effect, alluding to an expression said to have been used in one of the petitions on the subject. And I have no i*i 12«2 APPENDIX, NO. VII. I. i li^ hesitation in stating that thu words were not used in the olfensive manner in which they are made to appear. I can confidently appeal to many members who were present — Mr Marks, Mr Manahan, Mr Chisholm, of Halton, Mr McNab — gome of whom voted against Mr Hagerman ; but I would observe, that the Editor of the Guardian, who was present during the whole of the debate, states decidedly that the words were used in the way I under- stood them ; and surely he is at least a disinterested witness. • I am. Sir, your obedient servant, John S. Cartwrioiit. Kingston, March 28, 1837. In one of my private communications to the Editor of the Chronicle and Gazette, coon after the appearance of the report upon the Rectory question, I informed him that the expressions attributed to the Solicitor General respecting the Court of Quarter Sessions, were misrepresented. I am still of that opinion, and I agree in the version of that debate given by Mr Cartwright. A. Manah' N. I ' ' No. VII. (See page 52, J Message sent to both Houses of the Legi:nt.atures of the Canadas, jn January 1832, by the respective Governors; Changing only the Words requiring Change, in order TO SUIT them to both Houses of the different Pro- vinces. • . J. COLBORNE. The Lieutenant Governor has received his Majesty's commands to make the following communication to the House of Assembly, in reference to the lands, which, in pursuance of the Constitutional Act of this Province, have been set apart for the support and maintenance of a Protestant Clergy. The representations which have at different times been made to his Majesty and his Royal Predecessors, of the prejudice sustained by his faithful subjects in this Province, from the appropriation of the Clergy Reserves, have engaged his Majesty's most attentive consideration. His Majesty has, with no less anxiety, considered how far such an appropriation of territory is conducive, either to the temporal welfare of the ministers of religion in this Province, or to their spiritual influence. Bound no less by his personal feelings, than by the sacred obligations of that station to which Providence has called him, to watch APPENDIX, NO. VIII. I'i.l luive over the interests of all the Protestant Churches within his dominions, his Majesty could never consent to abandon those interests with u view to any objects of temporary and apparent expediency. It has tnerefore been with peculiar satisfaction that in the result of his inquiries into this subject, his Majesty has found that the changes sought for by so large a proportion of the inhabitants of this Province, may be carried into effect without sacrificing the just claims of the established Churches of England and Scotland. The waste lands which have been set apart as a provision for the Clergy of those vene- rable bodies, have hitherto yielded no disposable revenue. The period at which they might reasonably be expected to become more productive is still remote. His Majesty has solid grounds for entertaining the hope that before the arrival of that period, it may be found practicable to afiford the Clergy of those Churches, such a reasonable and mode- rate provision as may be necessary for enabling them properly to dis- charge their sacred functions. His Majesty, therefore, invites the House of Assembly of Upper Canada, to consider how the powers given to the Provincial Legislature by the Constitutional Act, to vary or repeal this part of its provisions, can be called into exercise most advantageously, tor the spiritual and temporal interests of his Majesty's faithful subjects in this Province. Government House, 25th January, 1832. No. Vni. (See page 67. J 'R0« Despatch from Lord Bathurst, Secretary of State for THE Colonies, to Sir Peregrine Maitland, K. C. B., Lieutenant Governor of Upper Canada ; Containing Instructions to Erect and Endow Parsonages or Rectories. (From the Letter of John Strachan, D.D. Archdeacon of York, dated Toronto, 12th December, 1837 ; and addressed to " My Brethren of the Clergy and Laity.") Downing Street. 22d July, 1825. Sir, — " I HAVE received His Majesty's commands to direct, that you do from time to time, with the advice of the Executive Council for the affairs of the Province of Upper Canada, constitute and erect, within every Township or Parish, which now is, or hereafter may be, formed and constituted or erected within the said Province, one or more Parsonage or Rectory or Parsonages or Rectories, according to the Establishment of the Church of England, and that you do from time to time, by an instrument under the Great Seal of the said Province, endow every such Parsonage or Rectory with so much or such parts of the land so allotted and appropriated as aforesaid, in respect of any 124 Al'FENDIX, SO. Vm. i^ li luiuls within such Township ur Parish, which shall have been granted subsequently to the commencement of a certain Act of the Parliament of Great Britain, passed in the 31st year of the reign of His late Majesty King Cieorge the 3d, entitled, An Act to repeal certain parts of an Act passed in the 14th year of His Majesty's reign, entitled An Act for making more effectual provision for the government of the Province of Quebec in North America, and to make further p'-ovision for the government of the said Province, or of such lands as may be allotted and appropriated for the same purpose, by or in virtue of any Instrur*'on which may have been given by nis said late Majesty before the commencement of the said Act, as you shall, with the advice of the said Executive Council, judge to be expedient under the existing circumstances of such Township or Parish. " You shall also 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 said Church, and supply from time to time, such vacancies as may happen therein. I have the honor to be, &c. (Signed J. Batiiurst.' major general Sir Peregrine Maitland, K.C.B. fcr. fiv. &<•. THE END. ',f ;