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 GHriil'H AND STAT]' 
 
 SIR ALHX. T. (iALT, K. C. M. G. 
 
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 ( aimn Law. 4 V' 'n'''<- 
 
 .^ Hon deal : 
 
 DA V 'SON BROTHERS, PUBLISHERS. 
 
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 . CHURCH AND STATh 
 
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 BY 
 
 
 SIR ALEX. T. GALT, K.C.M.G. 
 
 " Qui tacet consentire videtur." 
 
 Canon Law, 43rd Rule. 
 
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 ittontteal : 
 
 DAWSON BROTHERS, PUBLISHERS. 
 
 1876. 
 
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M««<m*nnp«M 
 
 PREFACE. 
 
 The design of the following pages is to oppose and protest 
 against the efforts now being made by the Roman Catholic Hier- 
 archy of Quebec, to impose upon those belonging to their com- 
 munion the extreme doctrines of the Italian ecclesiastical school. 
 Considering the solidarity of interest which necessarily exists 
 between Protestant and Catholic in Canada, living together in the 
 same country, owning a common allegiance, and enjoying equal 
 rights, it follows that nothing can occur affecting the welfare of one 
 without materially influencing the future fortunes of all. 
 
 In reference to my previous Pamphlet, I wish to make one 
 remark on the opinion therein expressed, — that a possible agitation 
 might be predicted for the dismemberment of Quebec. At the 
 time of Confederation, it was very strongly urged upon me to pro- 
 vide for such dismemberment, and it was from my recollection of 
 these efforts that I expressed the opinion that an agitation of this 
 question might now be looked for. JMy conviction then was not 
 favorable to this idea, and I may here add that it has not been since 
 changed. As suggested in these pages, safety will be more certainly 
 attained by greater consolidation, rather than further subdivision of 
 the Dominion. 
 
 .>-*rf'V'<#?»^fc'«*?^'l''%» 
 

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 CHURCH AND SHTE. 
 
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 My Teceut Pamphlet on " Civil Liberty in Lower 
 Canada" has elicited much comment, and provoked 
 some adverse criticism. The latter appears to resolve 
 itself into t'^o allegations, one of which charges me 
 with the desire to provoke religions animosity for pri- 
 vate or political ends ; the other, which pronounces my 
 fears groundless, and the position I assume unwarranted 
 either by facts, or by logical deduction from known utter- 
 ances of the Roman Catholic Hierarchy. 
 
 To the former charge against myself personally, 
 no lengthened reply is necessary. As regards private or 
 political objects, it is unworthy even of a disclaimer ; 
 while from the accusation of seeking to raise a strife of 
 creeds, I can appeal to the record of upwards of thirty 
 years of public life, most of which has been spent in 
 Parliament, both hi and out of office, and many years 
 during a period when the most vigorous eflbrts were 
 made to excite an anti-Catholic agitation ; and I can 
 challenge any one to produce a speech or vote by me 
 calculated to wound the feelings or consciences of my 
 Roman Catholic fellow subjects. If such a record be of 
 any value, it should be accepted as my justification, in 
 now presuming to address both Ivoma^ Oatholics and 
 Protestants alike, for the purpose of entr .ating them to 
 recognize in time, che gi-ave dangers which threaten the 
 peace ol our common country, throvigh the aggressive 
 character of the Roman Catholic Hierarchy, and the 
 irreconcileable conilict they are provoking between the 
 Civil and Religious divisions of society. 
 
 ^'■^'fum- 
 
 
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 The oecoiid allegation is more important, as, if my 
 fears are really groundless, and unsnstained either by 
 fact, or by reasonable deduction, then my interference 
 has been mischievous, and is uot even to be excused by 
 any moderation or liberality displayed by me in the 
 past. 
 
 The subject will be most effectively treated by its 
 examination under three distinct head? of inquiry, 
 which may be said to embody in their solution all that 
 was said or implied in my pamphlet. 
 
 1st. — Has the atlHude of the Roman CutJiolic Church 
 toivufds Civil Society changed since Confederation ; and 
 has such change been signalized in Loioer Canada b// overt 
 action ? 
 
 2nd. — Has such change affected the general rights of 
 Protestants, as citizens of Quebec ; and especial 1 1/, weakened 
 their gwrantees obtained at Confederation ? 
 
 3rd. — Is the issue thus raised Political or Religions ? 
 
 In dealing with subjects of such imi)ortance. I shall 
 have to avail myself largely of the material supplied in 
 the course of the controversy between Mr. Gladstone 
 and his distinguished opponents, Cardinal Manning and 
 Dr. Newman. My sole regret is that I cannot borrow, 
 with equal ease, the lucid and cogent reasoning which 
 ■distiniiuishes the writinu's of th'> eminent En<?lish 
 statesman. 
 
 To prevent misapprehension, I desire to tate most 
 explicitly, in the words of Mr. Ghvlstone: 
 
 * I desire to eschew not only religious bigotry; but likewise 
 " theological controversy. Indeed with theology, except in its civil 
 " bearing, — with theology as sucli — I have here nothing whatever to 
 " uo. But it is the peculiarity of il<nnan theology, that by thrust- 
 " ing itself into the temporal domain, it naturally, and even 
 " necessarily conies to bo a frequent theme of political discussion." 
 
ant, as, if my 
 led oither by 
 interference 
 3 excused by 
 .' me in the 
 
 reated by its 
 
 of inquiry, 
 
 ition all that 
 
 In the course of my remarks, J. shall frequently 
 have occasion to make use of the term " Roman Catholic 
 Church," which I desire may be understood as desig- 
 nating- its government and polity, not as referring to it 
 as a system of religious faith. "Without this explanation 
 I might be understood, as entering on the domain of 
 polemical discussion in some of my references. 
 
 holic Chun:h 
 vralion ; and 
 lada by overt 
 
 ■ral rights of 
 '//, meakene'l 
 
 Religious ? 
 
 mce. I shall 
 supplied in 
 Gladstone 
 anning and 
 lot borrow, 
 ling which 
 it English 
 
 tate most 
 
 but likewise 
 pt in its civil 
 Li; whatever to 
 at by thrust- 
 S', and even 
 
 Jiscussiou," 
 
 Has (lie aitiiude of the Roman, Catholic Church toivards 
 Civil Society changed since Co/ffedcration ; and 
 has such chauge been signalized in Lower Canada 
 by overt action ? 
 
 The Confederation of the IJritish North Aine^-icai? 
 Provinces was proclaimed on the 1st July, 1867, and 
 the antecedent discussions may be dehnitively stated 
 to have commenced at the Charlottetown conference, in 
 September, 1864. 
 
 The Syllabus Errorum was issued by the au.thority 
 of Pope Pius IX, on 8th December. 1864. 
 
 The Vatican Council met at Eome on the 8tli Dec, 
 1869. And the celebrated Dogmn^'c Decrees were pro- 
 mulgated on the 18th July, 1870. 
 
 It is therefore evident that if the Syllabus and the 
 Vatican Decrees have in any way altered the relations of 
 the Church of Romo towards civil society, the first 
 division of the question must be answered affirmativel5^ 
 
 Although this might, I think, be taken for granted, 
 in view of the manner in which these extraordinary 
 dogmas are regarded in the principal countries of 
 Europe ; yet, before proceeding to treat of their effect 
 in the Province of (Quebec, it will be interesting to offer 
 
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 some observiitioiis upon the general subject, as bearing 
 upon their special application to ourselves. 
 
 It is familiar to all that the Vatican Decrees are in- 
 tended to be the conclusion of many ages of agitation 
 and strife in the Roman Catholic Church. For centuries 
 the contest has been waffed between the Ultr&montanes- 
 and their opponents. It found expression in the contra- 
 dictory acts of previous Ecumenical Councils ; it produced 
 most serious schisms ; and it developed itself even in 
 the exti-aordinary rivalry of co-esistent Popes. Con- 
 sidering the attitude always maintained by France in 
 the struggle, no one would have expected, to witness 
 in our day, the apparent triumph in that great country 
 of the advocates of supreme ecclesiastical Roman 
 aiithority. Louis IX, better known as Saint-Louis, was 
 perhaps the first, certainly the most distinguished. King 
 of France who determinedly opposed the Papal aggres- 
 sion upon the Episcopate and Crown of France, and 
 upheld what have since been known as the G-allican 
 Liberties, and in the long train of Sovereigns who 
 succeeded him, no sign of surrtnider of these highly 
 prized rights had been given. 
 
 What may have led to the present outward submis- 
 sion of the Episcopal and Civil Authorities of France to- 
 the Vatican Decrees, and their consequences, can only 
 be conjectured. But that the termination of the conllict 
 was ap)iiOached with feelings of th(^ utmost apprehen- 
 sion by many great and good men ol' the Catholic faith 
 ijs well known, and was even abundantly shown at the 
 Vatican Council itself But among the many prayers 
 for wiser counsels, I have met with none more solemn 
 than that mournful appeal from Count Montalembert, 
 in his letter to Dr. Von DoUinger. of 7th November, 
 ji80!», written diortly before his death. 
 
 Count Mo.ntalembert has such a world-wide fame 
 
 W ! 
 
mumu 
 
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 eJves. 
 
 n Decrees are iu- 
 'iS-e« of agitation 
 ■^- For centuries 
 e UItramontane& 
 on in the contra- 
 
 ici]8;itj)roduced 
 d itself even in 
 it Popes. Con- 
 'd by France in 
 ^cted, to witness 
 at great country 
 iixstical Roman 
 '^int-Louis, was. 
 nguished, Kini,^ 
 ' "apal aggres- 
 >f France, and 
 5 the G-allican 
 )vereig-ns who 
 'f these highly 
 
 tward submis- 
 s of France to 
 ces, can only 
 >f ihe conflict 
 3st aj^prehen- 
 <^ atholic faith 
 «hown at the 
 nany prayers 
 more solemn 
 ontaiembert, 
 ^'^ovember, 
 
 ^-\yido fame 
 
 5 
 
 as a Roman Catholic Christian of the highest and purest 
 type, and occui)ied such intimate relations to Mon- 
 seigneur Dnpanloup, the great and good Bishop of 
 Orleans, and to the (lallican Clergy of France, that his 
 words must carry much weight with his kinsmen by 
 race and religion in Canada. He says in writing to 
 Dr. Von Dollingt-r prayinii- him to attend the Vatican 
 Council, and oppose the Ultramontane party : 
 
 Now, r am your friend, and one whosi- voicf comes to yon. as 
 it were, from thootber world. I liave already lain down alive in 
 my coffin, but the coffin i^ not yet cloned. That is the place whence 
 I oh.s<'rvc. with the diyintcrcstedncss and impartiality of a dead man, 
 all that passes in this world, and it is theiKte that T can speak with 
 the authority of a dead man, to tho.^io who are still willinir to hear 
 me. Tn my eyes, no cou.«id( raiicju would justify your absence from 
 this Council, if you have the means of beini; present at it. and ii", 
 as Mtrr. Oujianloup tells njc, Cardinal Schwarzenberir has insi.^ted, 
 and still insists with the Honian authorities, that von should be 
 Funun(.'ne<l, no obstacle ouuht to prevent yi>u fiom coni[)lyinii with 
 til is desire. 
 
 I swear to you tliat if I conid espy any means whatever for 
 luy-elf, a simple layman, to bo admitted to the Council, nothing 
 pliould stop me. \V'rct>'hed as my health is. I should strive to draj? 
 myself to Home, even if 1 were to die upon tiir road, and supposing 
 once T wt there, I could not get an ojijiortnnity of speaking;, T 
 should <io if it were only to protest by my presence, by that sad and 
 steady look of which Bossuet speaks, asainsl the rascalities which 
 are fioinir to be enairted, and are likely to triumph. 
 
 And T, I am tiothins:. I never have bee.i anythin<: in the 
 Church, but yo'.i, wlio an; un((uestionably tho first man in tlie Church 
 of Germany, how could you refuse the mission of defendiuj; her, and 
 representiu'r her in this fornjidable crisis ? God has bestowed upon 
 you a blessint: whose value you can never know, in ^antinj.^ you not 
 merely a UtUL; life, which is a very K':uall thin;jr, but an old lige 
 without debility. It is your duty in return to consecrat.' t\m 
 pricelef-s gift to the glory of His Church and the defence of the truth. 
 
 The sense of coming ovil must have been over- 
 whelming in tl)e mind of this eminent man, when he 
 
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 6 
 
 penned these lines, and the remainder of the letter from] 
 which they are quoted. 
 
 In France, therefore, it cannot be denied that a 
 mighty chang-e has occurred since 1870 in the attitude 
 of the Church, when we see the cherished liberties of 
 centuries swept away. 
 
 In Germany the conflict created with Civil power, 
 through the Vatican Decrees, is still more evident, and 
 pregnant wath instruction to our Hierarchy here, ii' 
 they will receive the lesson. There Prince Bismarck 
 has recognized the extent to which the claims of Rome 
 are being enlarged, and has met them by the severest 
 measures of repression. The celebrated Falck Laws, 
 w^hich probably go much further than was necessary 
 for the assertion of the civil supremacy of the State, 
 jjlainly indicate the grave dangers that follow extreme 
 i:)retensions on either side. 
 
 In Great Britain the profound interest evinced in 
 the controversy betvv'een Mr. Gladstone and his oppo- 
 nents, affords sufficient evidence that there also the 
 Vatican Decrees are regarded with apprehension and 
 jealousy. 
 
 It will, therefore, scarcely be questioned — that in 
 Europe — since 1870, a most marked change has taken 
 place in the relations of the Church of Rome towards 
 Civil States. But perhaps no better corroborative evi- 
 dence of the truth of this statement can be offered, than 
 the fact, that ever since the adjournment of the Vatican 
 Council, the most acute intellects of what may be 
 termed the Vatican party, have been devoted to explain 
 away the seemingly obvious meaning of the Dogmas on 
 Obedience and Infallibilitj^ When vigorously assailed 
 by Dr. Sehulte, we find the late Bishop Dr. Joseph Fessler 
 devoting all the resources of his vast learning to prove 
 that nothin"- unusual or calculated to shock human 
 
 " ' ■ i W I I| l| W l<| | I Mii jll W»!'Wi i - |i l| |W «,l llB B I 1l *lW»i M ii |«>«Mi ii "« li | »' 
 
^ of the letter from 
 
 ^56 denied that a 
 
 ^'0 in the attitude 
 'Wished liberties of 
 
 "'ith Civil power, 
 «ore evident, and 
 erarchy here, if 
 Prince Bismarck 
 ^ claims of Kome 
 ^ by the severest 
 etl Faick Laws, 
 ^1 was necessary 
 '7 of the State, 
 t lollow extreme 
 
 'rest evinced in 
 
 5 and his oppo- 
 
 there also the 
 
 prehension and 
 
 ioned— that in 
 i"ge has take]! 
 Rome towards 
 oborative evi- 
 e offered, than 
 >f the Vatican 
 ^^'hat may be 
 M to explain 
 le Dogmas on 
 >w«Iy assailed 
 5seph Fessler 
 "!§* to prove 
 hock hnman 
 
 • 
 
 intelligence was meant. Again, in the Gladstone con- 
 troversy it is almost painful to read the efforts of Dr. 
 Newman to reconcile tL'^ obvious meaning of language 
 with the demands of his naturally subtle and yet robust 
 intelligence. His chapter on " Conscience " is a most 
 remarkable proof of the difliculty in which he found 
 himself, and from which he at las*^^ escapes by the 
 declaration that finally even the Dogmas of Infallibility 
 and Obedience must yield to the supreme dictate of 
 Conscience. Even Cardinal Manning, knowing the 
 temper of the court of public opinion before which he 
 was pleading, equally finds it necessary to disclaim the 
 extreme latitude to which the wording of the Vatican 
 Decrees may be extended. But the positions taken by 
 Mr. Griadstone appear to my mind wholly uninjured, and 
 his charge fully sustained by historic references, that 
 the present attitude of Kome is incompatible with Civil 
 Allegiance and Civil Jjiberty. 
 
 While, however, the controversial discussions have 
 produced, what may be termed apologetic disclaimers 
 from the Eoman Theologians, we find full effect 
 attempted to be given at this moment in Spain, to the 
 most ultra doctrines of the Syllabus and the Dogmatic 
 Decrees — and, in fact, their strict observance insisted 
 upon in every country where the Civil power is con- 
 trolled by the Hierarchical. It is eminently suggestive 
 of the light in which our Quebec rulers are regarded 
 to observe the very ditlerent ground occupied by the 
 Ivoman Catholic Church in this Province, from that 
 taken in Ontario and the Maritime Provinces. 
 
 The contradictory attitude of the Church of Rome 
 in different countries, and at this moment even in the 
 Dominion, can only be explained by the extraordinary 
 elasticity with which it adapts itself to surrounding' 
 circumstances. Wherever it reigns supreme, and con- 
 

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 "^•^ve, despotic and 
 X^l^^^n lately in 
 
 "^^^«^- pUy nnd 
 
 ;f«^^i«notavaguo 
 ^''^ Princ/p/e upon 
 'y^nahly acted, I 
 e WTitings of Dr 
 ' //^ i^e Vatican 
 ;* ^^e False InfaJ- 
 ^^"«e and expJan- 
 vhich receired a 
 
 "'^'>^<^ of centuries 
 ^•'^tou-ards heretics 
 ■'^^^ ^'^^ been i^Jaced 
 
 iod.s. 
 
 '^^^"n'o»H.,U of the 
 "O- OurJno th.^s 
 according, to tiae 
 ^'« ^»aj was, the 
 
 ^^tie, after tbe first 
 ^^ '-^ such an one 
 •^"■" jitd.ffujent.' 
 (^■'I'Jjnjancoine 
 mto jour hou.;e, 
 '■^ '« the waj i,j 
 '^^''•otics; thej 
 
 ^se8, oven broke 
 >^ ^^ corrupted 
 
 u-il of ^'ici^.^^ 
 ^i^an Empire 
 fi'f'ui roliu'cai 
 
 9 
 
 reaaons, and in order to prevent their doing mischief, because there 
 was good reason for cout>iderin^ tliem disturbers of the public peace ; 
 and severe fines and other punishments were imposed on those who 
 were the disciples of their errors. This period lasted for som* 
 •ccuturiss, as long as the Roman law was in force. 
 
 In the ' Third Period,' that of the Middle A<res, rulers went 
 farther; fines were not only followed by confiscation of goods, but 
 even capital punishment or imprisonment for life was pronounced 
 airainst heretics, and this by the imperial laws oi the Emperor Fre- 
 derick I L and other emperors ; to these laws the Popes were a 
 party, as Leo X. expressly testifies. Ac that time, people looked 
 upon heresy as a breach of tlie imperial law. to be puni>«hed with 
 the loss of honour, forfeiture of goods, deprivation of ci\al rights, &c. 
 Testimony of this is expressly uiven byFrederick II., who declares that 
 in punishinf^ heretics, he was but exercising hlh' own temporal power, 
 wholly independently, and was not acting under the influence of any 
 spiritual authority. The reason the emperor gives for inflicting such 
 heavy penalties was biioause it was a greater breach of the law to oflFend 
 against the Divine Majesty than against any earthly majesty. This 
 was the general way oi' viewing men's public social relations at 
 that time. This period lasted till well on into the sixt.(>cnth centiuy. 
 
 The ' Fourth Period." which has been running its course up 
 to tlie present time from the sevont'-enth century, did away with 
 those penal enactments which had been passed under very different 
 tircumstances, as the reasons wliich had led to their being enacted, 
 and the principles on which they rested, were no longer in force since 
 the establishment of i^rotestant States in E'l. tpe, Thia is the 
 period in which we meet with only protests or .he reservation of 
 righ.ts, when, the rights of the Church, whether divine, or legal, 
 or a<;erulng to her from contract, were violated in favor of lieretics. 
 
 The ibregoiim- antliorizod historical summary oi' the 
 course of Rome towards heretics is iustructive to us in two 
 most important respects. It teaches, iirst, that the Koman 
 Church has never absohitely withdrawn from any of 
 her alleged franchises. And secondly, that in the 
 present age, she will not insist upon them when vigor- 
 ously rosistod. Th(^ latter point is tliat whioli concernH 
 
^mufim 
 
 i ■ 1/ i 
 
 -i 
 
 il 
 
 d 
 
 10 ' 
 
 the c„„^,,,^.^_^ . ^^^^ pi .c „. E _ J ^^__^. 
 
 Vatican Decrees hnve „ . , '' '^yUabus and the 
 of the Church of uZ to": X "^ 'l""^'' '^e rel't io 
 o-y disturbed the ^"d t,"-'' --:^"y. ""d S-nev- 
 <-athol,o and Protestant. <:o"wience of both 
 
 ' shall now nroceo/7 » 
 -Kl especially the VroVintlT^'r ^-- i^ar Canada, 
 these momentous Decrees ^ ^''' ^^ *^t<^d b; 
 
 J^et me first endeov^-r + i r> 
 f«->» Catholic ctr h in / '" ">« P-"-" of the 
 "■» the date of its ce stu I 0^'"; ,?""""" <*-•>«) 
 'he Penod of Confederatio". 1^ 1''"'"'" "' '"« t^ 
 
 in the celebrated f -k *'""^*«^1"''ntly. 
 
 ™»t Of the Pr^' Co^™', "f,:-. I find in the J„d,. 
 down. My Lords, ay ^"'^ '"<"-y "'-^"rfy lakl 
 
 »-."« and oe.™„ „, ,„^ ^^Z^'^,^^ was dealt wi.l, „„ Z 
 
 ««iontol)Ii<a'8n«ri ,: ' ^"^^'ctement on indi..^ * ^^^''"^^ •'^ns t-tre 
 
 ''^^^''**'aa«flK(»^^ipg^^ 
 
 ^'^^^'WW^VWrW^^raft*™^ _ 
 
<^«»afla, at this time 
 
 ho the C ^r r°"^''^ 
 1 ^"^ <-'ttlioIjc as to. 
 
 hi;;' '' ^^^ -"^- 
 
 ^» «f . I eonside,: 
 ;^yiia/nis and the 
 '''''!^ ^^e relation. 
 '«^^^^^y. and 8-rier. 
 '»«c^ence 0/ both 
 
 J-^y far Canada, 
 ^' ^s affected by 
 
 ^e position of the 
 p-^^ada (Quebec) 
 
 ^r^^am in 170.9 to. 
 qwentiy. 
 
 "^ ^'^ ^iie Judo.. 
 
 '^|;'> ,^ho^v how the 
 ^^^'t with on the 
 
 ssion 
 
 '•^ J'n these 
 
 "''^"eetlioznafno 
 ;^evaDt, ,ans otre 
 
 ^''w 
 
 4;J-' 
 
 11 
 
 A,i:ain, in the treaty of 17C3 it is said : — 
 
 "Sa MajcHte Britannique consent d'nccorder la lilierU'' de la religion 
 Catholique aiix habitants du Canada, et leur permet de professer le culte 
 de letir religion, autant qne les lois de TAnglcterre le permettent." 
 
 And lastly, by an Act of Parliament pasj^ed in 1774 (14 Geo. 
 Ill, c. 83), intituled, " An Act for making more eifectual Provision 
 for the Government of Quebec, in North America," it was declared 
 by section 5 that, for the more perfect security and ease of the minds 
 of the inhabitants of the said province, His Majesty's subjects 
 professing the religion of the Church of Rome, of and in the said 
 Province of Quebec might have, hold, and enjoy the free exercise of 
 the religion of the Church of Home subject to the King's r .premacy, 
 declared and established by an Act ma*^ in the first year of the 
 reign of Her Majesty, Queen Elizabeth, over all the dominions and 
 countries which then did, or should therc;after belong to the Imperial 
 Crown of this realm, and that the clergy of the said Church might 
 hold, receive, and enjoy their accustomed dues and rights with 
 respect to such person" oaly as should profess the said religion. 
 
 And by the 8th section it is enacted : 
 
 " That all His Majesty's Canadian subjects within the Province of 
 Quebec the religiouh orders and comuiunities only excepted, may also hold 
 and enjoy their property and possessions, together with all customs and 
 usages relative thereto, and all other their civil rights, in as large, ample, 
 and beneficial a manner as if the said proclamation, Commissions, Ordin- 
 ances, and other Acts and Instruments had not been made, and as may 
 consist with their allegiance to His Majesty, and subjection to the Crown 
 and Parliament of (heat Britain ; and that in all matters of controversy, 
 relative to property and civil rights, resort shall be had to the la^v8 of 
 Canada as the ruU; for the decision of the same," &c. 
 
 From these documents it would follow that, although the 
 Roman Catholic Church in Canada may on the conquest have 
 ceased to be an Established Church in the full sense of the term, 
 it, nevertheless, continued to be a Church recognized by the State; 
 retaining its endowments, and continuing to have certain rights (e.g., 
 the perception of "dimes" from its members) enforceable at law. 
 
 It has been contended on behalf of the Appellants that the 
 effect of the Act of Cession, the Treaty, and subsequent legislation, 
 has been to leav^i the law of the Roman Catholic Church as it existed 
 and was in force before the Cession, to secure to the Roman Catholic 
 
 ''fM'!r<i^ft':! 
 
%^. 
 
 *» 
 
 \~ . 
 
 I ^1 
 
 12 
 
 inhabitants of Lower Canada all the privilefres which their father?, 
 as French subjects, tlien eujoy'?d under the head of the liberties of 
 the Gallioan Church ; and further that the Court of Queen's Bench, 
 created in 1704, posisessed, and that the existing Superior Court 
 now possesses as the Superior Council heretofore possessed, the power 
 of enforcing these privileges by proceedings in the nature of "appel 
 commo d'abus.'" Considering the altered circumstances of the 
 Roman Catholic Church in Canada, the non-existanee of any 
 recognized ecclesiastical Courts in that province, such as those in 
 France which it was the office of an " appcl comme d'abus" to 
 control and keep within their jurisdiction ; and the absence of any 
 mention in the recent Code of Procedure for Lower Canada of such 
 a proceeding, their Lordsliips would feel considerable diffieidty in 
 affirming the latter of the above propositions. 
 
 And iii^ain : — 
 
 " The Court has a right to enijuire. and i.> bound to emjuire, 
 whether that act was in accordance with the law and rules of 
 discipliriO of the Roman Catholic Church which obtain in Lower 
 Canada, and whether the sentence, if any. by which it is sought to 
 be justified, was regularly jiroiiouuced by an authority eomix^tent to 
 prono mce it. 
 
 It is w(trtliy nf observation, as bearing both upon tlie question 
 of thu ftatiix of the Roman Catholic Church in Jjowct Canada, 
 and the manner of ascertaining the law by which it is governed, 
 that iu the Courts below, it was ruled, apparently at the instance 
 of the respondents, that the law. including the ritual of the Church, 
 could not bo, proved by witnesses, but that the Courts were bound 
 to take judicial notice of its pronsions. 
 
 The apjilication of this ruling would be difficult, inle.-is it be 
 conceded that the ecclesiastical law which now governs Roman 
 Catholics hi JiOwer Canada is identical with that which governed 
 the French province of Quebec. If modifications of that law 
 have been introduced since the cession, they have not been intro- 
 duced by any legislative authority. Thoj must have beeu the 
 subject of something tantamount to a consensual contract binding 
 the members of that religious community, and, as such, ought, if 
 invoked in a Civil Court, to be regularly proven. 
 
 It seems, however, to be admitt<'d on both sides that the law 
 upon the point in dispute is to be found in the Quebec ritual, which 
 
 -' WjiS'-f^^w'i itthM;- :.■ •Aswirf. . 
 
18 
 
 es which their fathew, 
 lead of the liberties of 
 lurt of Queen's Bench, 
 cisting Superior Court 
 ire possessed, tlie power 
 n the nature of " appeJ 
 eircuiustanc'cs of the 
 non-existance of any 
 vince. such as those in 
 wl coiume d'abus " to 
 md the absence of any 
 Lower Canada of such 
 isidorablo difficulty in 
 
 I is bound to enquire, 
 he law and rules of 
 lich obtain in Lower 
 which it is sought to 
 uthority couijK'tent to 
 
 >th upon tlie (juestion 
 ^h in Jjowur Canada, 
 vhich it is governed, 
 L'ntly at the instance 
 ritual of the Church, 
 I' Courts were bound 
 
 difficult, luless it be 
 low governs J^ouian 
 that which governed 
 cations of that law 
 have not been intro- 
 imst have been the 
 ual contract binding 
 i, as such, ought, if 
 
 sides that the law 
 .Quebec ritual, which 
 
 
 
 ■m 
 
 ^3 
 
 ^^ 
 
 was certainly accepted as law in Canada before tlio cession of the 
 province." 
 
 And ngaiii, referring to the excoinniunication of 
 Gnibord as a member of the Institut Canadion, my 
 Lords say : — 
 
 " Their Lordships are satisfied that such a discretionary 
 enlargement of the categories in the Ritual would not have been 
 deemed to be within the authority by the law of the Galilean Church 
 as it existed in Canada before th'i cession ; and, in their opinion, it 
 is not established that there has been such an alteration in the 
 Htattis or law of that Church founded on the consent of its members, 
 as would warrant such an interpretation of the Ritual, and that the 
 true and just conclusion of law on this ])oint is, that the fact of 
 being a member of this Institute does not bring a man within the 
 category of a public sinner, to whom Christian burial can be legally 
 refused. 
 
 It would iurther appear that, according to the ecclesiastical 
 law of France, a personal sentence was in most cases rerpiired in 
 order to constitute a man a public sinner." 
 
 And lastly :— 
 
 ^'Gibert, in his Institutes, says that the ipno facto excommuni- 
 cation inflicted by the Council of Trent as the punishment of read- 
 ing or possessing prohibited books would have no effect in France 
 (lan% lefor cxtcrienr. Dnpin, a jurist already mentioned, denies 
 the authority in France of the decrees of the Congregation. He 
 says : — 
 
 " En t'tiet, on consultant les ])rccc(lent8, on trouvo nn ct'lobre arrOt du 
 I'arlement do Paris qui I'a jugc ain.si on 1047, aprt's tm oloquent plaifioyor 
 (It! rAvooat-General Omer Talou : 
 
 "' Nous n^. reconnaissons point en France.' dit oo Magistrat, ' Tautoritt^, 
 la puissance, ni la.jiiridiction dcs con^T^gations qui so tiennont a Rome; 
 le I'apo pout les etablir conime bon hil semblo dans ses Etats ; mois/e.t 
 lUcreta dc ces congr/^gutions n'ont point dautorit^ ni di'xicution lans le royaumr 
 . . . . II est vrai que dans ces congre;rations se consurent les livros 
 dofonilus, et dans icollos so fait tindex expurgotorius, leqticl s'augmonto tons 
 los ans ; ot c'ost lu oil autrofois ont oto censuros los arrets do cotto cour 
 rondus contre Chastol, les aaivros do M. le Trosident de Tliou, lus libortos 
 do TEgliso (lallicano, ot los autros livres qui concornont la consorvatioii do 
 la porsonno do nos rois ot rexorcico de la justico royalo,' ' &c. — (Unpin, 
 Droit I'ublic Picclosiastiquo, avortisseniont .sur la 4i;me odition). 
 
 wmmm 
 
■'%' 
 
 'i 
 
 0*i* 
 
 •« t 
 
 :t 
 
 '^i 
 
 \ : 
 
 -i 
 
 
 ' 
 
 '■\ i 
 
 14 
 
 No evidcaeo has beou produced before their Lordships to 
 e.stublish the very grave proposition that Her Majesty's Konian 
 Catholic subjects in Lower Canada have consented, since the cession, 
 to bo bound by such a rule as it is now sou<;ht to enforce, which, in 
 truth, involves the recognition of the authority of the In(|uisition. 
 an authority never admitted but always repudiated by the old law of 
 France. It is not, therefore, necessary to encjuirc whether since the 
 passing of the 14 Geo. Ill, c, 83, which incorporates (s. 5) the 1st 
 oi' Elizabeth, already mentioned, the Koniuu Catholic subjects of 
 the Queen could or could not legally consent to bo bound by such a 
 rule. 
 
 From the foreo-oiim' citations i'rom the .Tiulgmont of 
 the rrivy Council, it is cknir that the status of IIcv 
 Majesty's Ivoman Catholic subjects in Lower Canada is 
 that enjoyed by them under the old law of France prior 
 to the cession. It is under that condition of law that 
 the Church, as a body jwlitic, exists ; and while, as in 
 the Cluibord case, it cannot be doubted that the civil 
 rights of members of that communion will be main- 
 tained l)y our Courts of Law, the (juestion may well 
 arise, whether serious innovations upon the law and 
 practice of the Church under old France, may not pro- 
 duce a virtual forfeiture of the special privileges 
 conferred upon th'^. Church, as a body politic. It is a 
 widely dillerent thing- to guarantee the peaceful enjoy- 
 ment of their "culte" and '"dimes," from pledging 
 the faith and power of the Crown to the eniorcement 
 of the decrees of a foreign power, even though that 
 power acts under the insidious guise of only dealin"' 
 witli '• faith and morals." 
 
 Yet there is one point already indicated in the 
 elal)orate Judgment of the Privy Council, which, to my 
 mind, renders my appeal to Roman Catholics in Canada 
 at this moment Justifiable, and even imperative. 
 
 My Lords, in the foregoing extract, say : — 
 
 " No evidence has been produced before their Lordships to 
 
15 
 
 ! their Lordships to 
 er Majesty's lloiuan 
 
 ited, since the cession, 
 to enforce, which, in 
 
 y of the Inquisition, 
 
 ited by the old law of 
 ire whether since the 
 
 poratcs (s. 5) the 1st 
 Catholic subjects of 
 be bound by such a 
 
 llie Jiulgmoiit of 
 le status of Ilcr 
 l^ower Canada is 
 V of I'raiico prior 
 tioii of law that 
 11(1 \vhih\ as in 
 d that the civil 
 will be main- 
 stion may well 
 )n the law and 
 e, may not pro- 
 ecial privileges 
 politic. It is a 
 peaceful enjoy- 
 irom pledo-ino- 
 he enlorcement 
 n though that 
 >f only dealing 
 
 licated in the 
 , which, to my 
 •lies in Canada 
 srative. 
 
 ay:— 
 
 leir Lordships to 
 
 i 
 
 establish the very <;rave propositicm tlmt Tier MajestyM Uoamn 
 Catholic suljjects in Lower Canada have consented, since the 
 cession, to be bound by such a rule as it is now souirht to enforce, 
 which, in truth, involves the recognition of the authority of the 
 Inquisition, an authority never admitted but always repudiated by 
 the old law of France. It is not, therefore, necc ary to en(|uire 
 whether since the passinj; ot the 1-4 Geo. Ill, c. 83, whicli incorpor- 
 ates, (s. 5) the 1st of Elizabeth, already mentioned, the Koman 
 Catholic subjects of the Queen could or could not letrally consent to 
 be bound by such a rule." 
 
 It is hence evident that in their Lordships' view, sub- 
 Jert to llie concluding resercdtion, it is competent for 
 the Ivoman Catholics, by their own '•consent," expressed 
 in legislation, to dei)rive themselves of the protection 
 they now enjoy under the Ecclesiastical Law us ad- 
 ministered in France prior to the conquest. Will they 
 perlorm this suicidal act? 
 
 It is thus proved ])y the very highest authority 
 that txte status of Roman Catholics in Canada (subse- 
 quently conlined to Quebec only) is that possessed by 
 the Catholic Church in France prior to ITolt; and this 
 view has been further most distinctly stated by the 
 theologians to whom certain questions on the subject 
 were addre.^sed by the IJishops of Montreal and 
 Kimouski on behalf of the Quebec Council of Bishops 
 in 187-5. I shall now ]iroceed to signalize the various 
 pretensions put forth by the lioman Catholic Hierarchy, 
 with the view of altering this status, and the measures 
 already devised for giving them the sanction of law. 
 
 There is no doubt that for many years even prior to 
 the publication of the Syllabus, a new ecclesiastical 
 element obtruded itself into the Roman Catholic clerical 
 body in Lower Canada. The peaceful, loyal, modest, 
 intelligent priest who, in almost a patriarchal spirit, had 
 directed the consciences of a simple peasantr}'-, began to 
 find his domain invaded by the more active and ener- 
 
 ^^fr7^:^'M^^ \**JR*?^'5«^^f*^ 
 
i''l 
 
 
 I 
 
 16 
 
 getic spirit of the Ultramontane. The Bishops were 
 brought more directly under the control of the Sacred 
 College, vacancies in the Episcopate were filled with 
 men more suited to the requirements of Rome, greater 
 development was given to the establishment of religi:)as'. 
 bodies, and the control of education, both in its higher 
 and inferior branches, was sought to be placcl in the 
 hands of the priesthood. 
 
 But until after the promulgation of the Vatican 
 Decrees — that is long sul/sequent to the date of Con- 
 federation — no pretension of interference in civil 
 matters was put forth, beyond the legitimate injfluence 
 which no one desires to deny to the clergy of all per- 
 suasions, in their character of citizens. Can it, with any 
 truth, be said that this state of things exists to-day 'f 
 In answering this question, I shall have further occasion 
 hereafter to cite various official utterances of the Hier- 
 archy in Lower Canada, and leave it to others to recon- 
 cile them with the continued exercise of " free speech, 
 a free press, and free political action." But. first, let 
 me quote from the Syllabus Errorum certain opinions 
 which art expressly condemned. 
 
 That it appertains to the civil power to define what 
 are the rights and limits within which the Church 
 (Roman Catholic) may exercise authority. — (Syl. sec. 19.) 
 
 That the ecclesiastical power must not exercise its 
 authority without the permission and assent of the 
 Civil GovernmeTit. — (Syl. sec, 20.) 
 
 That the Roman Pontifls and G^^cumenical Councils 
 have exceeded the limits of their power, have usurped 
 the right of Princes, and have e.'en committed errors in 
 defining matters of faith and morals. — (Sec. 23.) 
 
 That the Church ha-^ not the power of availing 
 herself of I'orce, or any direct or indirect temporal 
 power. — (Sec. 24.) 
 
17 
 
 That the immunity of the Church and of ecclesias- 
 tical persons derives its origin from civil law. — (Sec. 30.) 
 
 That the commonwealth is the origin and source 
 of all rights, and possesses rights which are not cir- 
 cumscribed by any limits. — (Sec. 39.) 
 
 That in the case of conflicting laws between the 
 two powers, the civil law ought to prevail. — (Sec. 42.) 
 
 That the laws relating to education belong exclu- 
 sively to the State.— (Sees. 45, 46, 47, 48.) 
 
 That the State ought to be separated from the 
 Church, and the Church Irom the State, — (Sec. 55.) 
 
 That marriage is a civil contract, and can be dis- 
 solved by civil authority. — (Sec. 6o, and following sec- 
 tions to 74.) 
 
 That in the present day it is no longer expedient 
 that the Catholic religion shall be held as the only reli- 
 gion of the State, to the exclusion of all other modes of 
 worship. — (Sec. 78.) 
 
 That it has been wisely provided by law in some 
 countries called Catholic, that persons coming to reside 
 therein shall enjoy the public exercise of their own 
 worship. — (Sec. 78.) 
 
 . That the lioman Pontiff can and ought to reconcile 
 himself to, and agree with, progress, liberalism, and 
 civilization. — (Sec. 80.) 
 
 And to the foregoing opinions, which are expressly 
 condemned, Pope Pius IX., in his Encyclical of 8th 
 December, 1804, which accompanied the Syllabus, also 
 condemned those who maintain the liberty of speech, 
 of conscience, of worship, and of the press. 
 
 It is only candid to admit that many Catholic 
 writers contend that the Syllabus is not pronounced 
 ex Cathedra, and therefore not absolutely binding on the 
 
 
BBSSmm 
 
 ^-l. i 
 
 I 
 
 !M 
 
 sin 
 
 m 
 
 conscience or demanding implicit obedience.^ And 
 possibly the Encyclical Letter of 8th December, 1864, 
 is in the same position, though this seems more doubt- 
 ful ; but that this is not the view adopted by the Hier- 
 archy of Quebec will be abundantly proven from their 
 own official utterances, which seek to rivet the most 
 extreme pretensions of the Syllabv s on the consciences 
 of their people, wholly disregarding the moderate and 
 wise course of action laid down by Archbishops Lynch 
 of Ontaric and Connolly of Nova Scotia. 
 
 I have neither the abilitv nor the inclination to 
 enter into the wide field of discussion which has been 
 
 *Dr. Fessler says in the Preface to his work already quoted : — 
 
 " An Augsburg reviewer takes objection to my expression : ' It is hy 
 no means an (istablished fact among '^atbolic theologians, that the Syllabus 
 with its eighty propositions belongs to those delinitions of doctrine which 
 are to be characterized as infallible ;' and is of opinion that in saj'ing this, 
 I show that the notes cannot be relied on, which I have given to make it 
 plain how an utterance of the Pope may be recognized as ex cathedrd. I, 
 on the contrary, find that in this case, as in a hundred others, we can fully 
 rely on the notes which have been given, for they are really good and sound 
 notes ; but yet, notwithstanding this, the application of these notes to par- 
 ticular oases may have its difiSculties. It is the business of the science of 
 theology to support the different views which m."y be taken of this question 
 by such argiunents as it has at its command, and probably in this way to 
 bring it lo pass that the right view should become the generally received 
 view. 
 
 " ?.:ould this not take place, then the authoritative decision on the 
 matter may at any time follow. Before the Vatican Council was sum- 
 moned, u Catholic was bound to pay obedience and submission to the 
 Syllabus ; nor has the Vatican Council in any respects altered this con- 
 scientious obligation. The only (luestion which could arise was, whether 
 the Syllabus possesses those notes on the face of it, which, according to the 
 doctrinal definition of the fourth sescion of the said Council, belong to an 
 utterance of the Pope ex cathedrO. 
 
 "The 'Syllabus,' as its title shows, is nothing but a collection of 
 those errors of the age that we live in, which Pope Plus, in cnrlier Rescripts 
 of difi'erent dates, Ik.s declared to be errors, and which accordingly he has 
 condemned. The condemnation of errors, according to the traditional 
 practice of the Church, is made in various forms ; sometimes they are con- 
 
19 
 
 dience.^^ And 
 
 December, 1864, 
 IS more doubt- 
 
 d by the Hier- 
 cven Irom their 
 
 rivet the most 
 the consciences 
 e moderate and 
 li bishops Lynch 
 
 inclination to 
 vvhich has been 
 
 already quoted : — 
 xpiession : < It is hy 
 ms, that tlie Syllabus 
 >ns of doctrine which 
 1 that in saying this, 
 ave given to make it 
 ed as ex cathedrd. I, 
 1 otheni, we can fully 
 •eally good and sound 
 )f these notes to par- 
 ess of the science of 
 ak-n of this question 
 )bab]y in this way to 
 e generally received 
 
 tive decision on the 
 1 Council was suni- 
 1 submission to the 
 !ts altered this con- 
 I arise was, whether 
 ich, according to the 
 )uncil, belong to an 
 
 but a collection of 
 i, in crrlier Rescripts 
 accordingly he has 
 to the traditional 
 times they are con- 
 
 opened, as to what may cr may not be, the j^recise pre- 
 sent authority of the Syllabus or Encyclical Letter, 
 but the writers referred to abundantly prove that in 
 their opinion it requires no moie than the Papal fiat 
 to make them absolutely binding on every Eoman 
 Catholic, and consequently in many countries, and cer- 
 tainly in Canada, to array them in antagonism to their 
 fellow subjects of other creeds, 
 
 With reference to this point, I have read with much 
 interest, a very able and temperate letter, that appeared 
 in the Toronto Globe, dated 15th March, by an " Ultra- 
 montane," and T entirely agree with him that so far as 
 
 demned as heretical ; sometimes as savouring of heresy ; sometimes as 
 schismatic ; sometimcf; dimply as erroneous, or false ; sometimes as danger- 
 ous, or scandalous, or perverse ; sometimes as leading to heresy, or to 
 schism, or to disobedience to ecclesiastical superiors. When a particular 
 doctrine has been coitdemned by the Pope as heretical in the way desig- 
 nated by tlie doctrinal definition of the Vatican Council, speaking of the 
 Infallible teaching oflfico of the Pope ; — then, indeed, there can be no doubt 
 that we have, under these circumstances, an utterance of the Pope ex 
 cathedra. But as in the Syllabus, through the whole catalogue of eighty 
 propositions, designated generally in the title as 'Errors' (Syllabut 
 erroriim). there is nothing to show, as was pointed out above, under what 
 category of condemned propositions, according to old ecclesiastical usage, a 
 particular error falls, wo are compelled to have recourse to the records or 
 sources, in which the particular propositions of the Syllabus hcve been on 
 previous occasions condemned by Popes, in order to learn whether it is 
 condemned simply as erroneous, or whether it has some other designation, 
 and notably whether it has been condemned as heretical." 
 
 Dr. Newman writes in his chapter on the Syllabus : — 
 
 "The Syllabus, then, is to be received with profound iJ'ibmission, as 
 having been sent by the Pope's authority to tlie Bishops of t'ae world. It 
 certainly has indirectly his extrinsic sanction ; but intrinsically, and \ iewei 
 in itself, it is nothing more than a digest of certain Errors made by an 
 anonymous writer. There would be notiiing on the face of it to show that 
 the Pope had ever seen it, page by page, unless the ' Imprimatur' implied 
 in the Cardinal's letter had been an evidence of this. It has no mark or 
 seal put upon it which gives it a direct relation to the Pope. Who is its 
 author ? Some select tlieologian or high official, doubtless ; can it be 
 Cardinal Antonelli himself? No, surely ; any how it is not the Pope, and 
 
 ^^^^^m^mm 
 
 •"-*"^^"*' 
 
11 
 
 If 
 
 
 •■' 
 
 
 ;f . 
 
 m;^w 
 
 ?l 
 
 ll^f 
 
 jt fi . 
 
 I 
 
 1 
 1 
 
 
 ^ 
 
 ■ I 
 
 the altitude of the Roman Catholics is concerned, they 
 oug'ht to seek and obtain an authoritative statement of 
 that which their Church requires. But while this may 
 be a very excellent and prudent course for them to take 
 as members of the Church of Rome, they cannot expect 
 that Protestants will submit their claims or position to 
 the tribunal he suggests, — the Roman Pontiff" — at the 
 moment when in the Province of Quebec, we see the 
 interpretation put upon the Syllabus and Vatican De- 
 crees by the Hierarchy. '' Ultramontane " writes appa- 
 rently under the impression that the Bishop of Montreal 
 is the only prelate who has taken up an extreme posi- 
 tion, whereas, in point of fact, the difficulty would be 
 to find one who had not. It is true, Mgr. Bourget is 
 the most outspoken, but his opinions are equally acted 
 upon by other liishops, and have in no respoct been 
 condemned by the Archbishop or Council of Bishops. 
 
 At the fifth Provincial Council of the Hierarchy, 
 held at Quebec in 1873 (approved by the Pope in Sep- 
 
 I do not see my way to accept it for what it is not. I do not speak as if I 
 had any difficulty in recognizing and condemning the Errors which it 
 catalogues, did the Pope himself hid me ; but lie has not as yet done so, 
 and he cannot delegate his Ma gislerium to another. I wish with St. Jerome 
 to " fape•^k with the Successor of the Fisherman and the Disciple of the 
 'Cross." I assent to that which the Pope propounds in faith and morals, 
 but it must be he speaking officially, personally and immediately, and not 
 any one else wxio has a hold over me. The Syllabus is not an official act, 
 because it is not signed, for instance, with ' Datum Koma;, Pius P.P. IX ,' 
 or ' sub annulo Piscatoris,' or in some other way ; it is not a personal, for 
 he does not address his ' Venerables r ratres,' or ' Dilecto Filio,' or speak 
 as 'Pius Episeopus ;' it is not an immediate, for it comes to the Bishops 
 only through the Cardinal Minister of State. 
 
 " If, indeed, the Pope should ever make that anonymous compilation 
 directly his own, then, of course, I should bow to it, and aciept it as strictly 
 his. He might have done so ; h*^ might do 30 still ; tigain, he might issue 
 a fresh 1 ist of Propositions in addition, and pronounce them to be Errors, 
 and I should take that condemnation to be of dogmatic authority, because 
 I believe him appointed by his Divine Master to determine in the detail of 
 faith and morals what is true and what !s false." 
 
 m l UlJLlL I lll JLt l L I Iim W/rt 
 
 ^alii.:\»-i^ d^i-i' .hi, 
 
21 
 
 |onceriied, they 
 e statement of 
 hile this may 
 r them to take 
 cannot expect 
 or position to 
 ontiff",— at the 
 lec, we see the 
 d Vatican De- 
 " writes appa- 
 Jop of Montreal 
 1 extreme posi- 
 .'ulty would be 
 Ig-r. Bourget is 
 equally acted 
 respoct been 
 sil of Bishops. 
 
 the Hierarchy, 
 e Pope in Sep- 
 
 do not speak as if I 
 le Errors which it 
 
 not as yet done so, 
 ish with St. Jerome 
 the Disciple of the 
 n faith and morals,, 
 mediately, and not 
 i not an oilrtcial act, 
 m;o, Pius P.P. IX ,' 
 
 not a personal, for 
 to Filio,' or speak 
 ncK to the Bishops 
 
 ymous compilation 
 accept it as strictly 
 lin, he might issue 
 them to be Errois, 
 authority, because 
 ine in the detail of 
 
 tember, 18/4), among many other Decreta affecting the 
 conduct of the " faithful," I lind the following judgment 
 upon the relations of the lloman Catholic Church 
 towards the State : — 
 
 " Wc as.scrt that the Church is a perfect Society, independent oi" 
 the Civil power and Superior to it. Between the religious authority 
 of this Society (the fulness of which authority resides in the Roman 
 Pontiff) and the political power of the Christian ruler there exists, 
 from the very nature of things, such a relation, that the latcor is to 
 the former not only negatively but also positively subordinate, 
 although indirectly so. The Civil power can do nothing which tends 
 to the injury of the Church, and ought to abstain from such acts as 
 Avould clash with the laws of the Church, and, indeed, should also, 
 at the request of the Church, co-operate toward its benefit and the 
 uttainn)ent of it.s supernatural end. This is the true doctrine of 
 Boniface the Eighth, in the Bull ihiam Sanctam, in which he 
 teaches that the material sword should be subordinate to the spiritual 
 sword, and should be used for the Church, but not against the 
 Church. The opinion of the Fathers is the same who write that 
 the Civil power has been instituted by (Jod for the protection and 
 care of the Church." * 
 
 Following out the idea contained in the above 
 Decretum, Mgr. Bourget says in his Pastoral of 5t.h May, 
 1875, just before the Local Elections for the Province 
 of Quebec : — 
 
 KroiiTii Rule. — Who are those vho ought not to he voted for ? 
 
 We ha 70 just told you, our very dear brethren, with the full 
 
 • Profitemur Ecclcsiam esse societatem perfectam, iudependentem 
 a potestate civili, enque superiorem. Inter religiosam hujus sotietatis 
 auctoritatem, eujus plenitudo est in Ilomano Pontifice et potestatem poli- 
 ticam clnistiani gubornii, ea existit ex ipsis rerum naturis relatio ut ha3t 
 sit il!i nedum negative seil ct positive suboniinata, licet indirecte. Potestas 
 scilicet civilis nihil agere potest quod redundet in damnum Ecclesi.e, et 
 ab iis actibus abstinere debet qui jura Ecelesiie la^dereut , imo debet etiam, 
 qiiando societas religiosa id cxposcit, ad ejus bonum et ad ejus finem super- 
 uaturalem attingendum conferre. Han- est corta doctrina Bonifacii VIIX. 
 in Bulla ('nam Siincldm, m qua docet gladium mnterialem esse oportere mb 
 gladio spiriliMUGtuRW adhibeudum ;)ro Ecdesia, non autem contra Ecclesiam. 
 Eadeni est sententia Patrum, qui Rcribunt potestatem civilem a Deo esse 
 institutam in jinrsidium el liUelam Ecclesiir. 
 
 
 ■''■-^'^^^''>" 
 
WE 
 
 90 
 
 liberty accorded us by the sacred ministry which we exercise, who 
 are the candidates for whom you ought to vote on account of their 
 good principles. We will now instruct you as to who are those who 
 do not merit your confidence. 
 
 Assuredly, our very dear brethren, those do not deserve your 
 suffrages who show themselves hostile to religion, and to the divine 
 principles which it teaches ; who advance and maintain in their 
 speeches and writings, errors which the Church condemns ; who, in 
 order to secure their election at all costs, make use of corruption, 
 lies, frauds and the excess of intemperance ; who refuse their Curds 
 the right to give instructions with regard to the conscientious duties 
 devolving upon the candidates as well as the electors, pretending 
 that they ought not in any way to mix themselves up in elections ; 
 who would have the Church separated from the State ; who support 
 doctrines which are condemned by the Syllabus ; who oppose all in- 
 tervention by the Pope, Bishop or Priests, in the atfairs of the 
 Governments, as if these Governments were not subject to the prin- 
 ciples that God has revealed to the Church for the good government 
 of the people : who presume to teach that the Church has nothing 
 to do with political questions, and that she errs when she meddles 
 with them ; who criticize and blame the pastorals and circulars of 
 the Bishops and the instructions or' Pastors relative to elections ; 
 who, in spite of their protestations in favor of religion, effectively 
 favor and openly praise the papers, books, and associations of men 
 which the Church condemns ; who do not fear to say that the P' iests 
 ought to remain secluded in the Church and the .sacristy, and who 
 organize themselves to prevent them, if they can, from teaching 
 sound political principles, such as the Church herself teaches ; who 
 dare to predict that the Priests will be persecuted, ill-created, im- 
 prisoned and exiled, in Canada, as they are in Germany and other 
 countries, if they continue, us tliev arc doing, to engage in elections. 
 
 Again, in his other Pastoral, read at all the Churches 
 on Sunday, 4th April. 1875, he proscribes the Montreal 
 Witness, and denounces spiritual penalties and disabili- 
 ties here and hereafter ao-ainst all who should subscribe 
 for or even read that paper 
 
 Again in his Pastoral Letter of 3rd October, 1875, 
 
ill we exercise, who 
 >n account of their 
 who are those who 
 
 > fiot deserve your 
 , and to the divine 
 maintain in their 
 ondemns ; who, in 
 use of corruption, 
 refuse their Curds 
 ■)nscientious duties 
 ectors, pretending 
 ^ up in elections ; 
 tate ; wJio support 
 who oppose all in- 
 ;he affairs of the 
 ubject to the prin- 
 ! good government 
 lurch has nothing 
 when she meddles 
 s and circulars of 
 tive to elections ; 
 iligion, effectively 
 iiociations of men 
 y that the Piests 
 sacriwty, and who 
 1, from teaching 
 ilf teaches ; who 
 i, ill-*reated, im- 
 rniany and other 
 3'age in elections. 
 
 the Churches 
 the Montreal 
 and disabili- 
 
 iikl subscribe 
 
 ctober, 1875» 
 
 W 
 
 Mgr. Boiirget says in reference to the law a-, laid down 
 by H. M. Privy Council : — 
 
 " The Galilean Hberties, which have bdcn appealed to to that 
 end, being now considered even in France as real servitudes which 
 deprived the Church of her legitimate liberties, cannot be set up as 
 giving anyone the authority here in Canada to encroach upon the 
 rights of the Holy Church. 
 
 " It is to the Church alone to decide whether the decrees of 
 the Council of Trent are or are not binding in any particular 
 country, 
 
 " To her also is reserved the right of judging whether sinners 
 who are under the weight of censures have made the requisite repa- 
 rations to merit the pardon of their faults and participate in the 
 benefits of religion." 
 
 " Allow us, in conclusion, to observe, our very dear brethren, 
 that this decision might not have been given if the noble Lords who 
 compose the Privy Council and advise Her Majesty could have 
 been able to assure themselves that itAvould tend strangely to grieve 
 the Bishops of this country." 
 
 Finally, in his P^.cl-oral Letter of 1st February last,, 
 (1870,) quoted in my former pamphlet, he caps the climax 
 by declaring- " each one of you can and ought to say in 
 the interior of his soul, ' I hear my Cure ; my Cure hears 
 the Bishop ; the Bishop hears the Pope, and the Pope 
 hears our Lord Jesus Christ, who aids with his Holy 
 Spirit to render them infallible on the teaching and 
 government of His Church.' " 
 
 The foregoing quotations are merely selections from 
 a mass of documentary evidence produced since 1870, 
 which conclusively proves that the course adopted is 
 not the caprice of one over-zealous prelate, but the 
 deliberate policy of the whole Hierarchy ; and it is 
 to be observed that the entire body of proof thus 
 furnished bears date subsequently to 1870, and the 
 most aggressive portion within the last two years — 
 all being long after Confederation, and much the greater 
 
 :^*^i^^:iisa^.Mmimm^air 
 
1 ; 
 
 24 
 
 •^ 
 
 ^♦•j i 
 
 #« 
 
 "ij', 
 
 M !i!5 
 
 part since my own retirement from public lii'e in 
 1872. I conceive, therefore, that I was fully justified 
 in writing my letter of 31st May, 1875. to the Hon. 
 J. G. Eobertson, already published, and in Rising tho 
 following language : 
 
 " On my return from the "West, I am much concerned 
 to observe the attitude taken by the Ultramontane Party, not 
 only towards liberal Roman Catliolics, but also towards us Pro- 
 testants. I refer more immediately to tho manifesto by the Roman 
 Catholic Bishop of Montreal, but remotely, thouji,h not less directly, 
 to the ecclesiastical pressure which has been put upon the press of 
 the country, and the claim advanced, with ever-increasing arrogance, 
 to the right of the Roman Catholic Church and its Hierarchy to 
 control and direct the scope of political action and public law within 
 the Province of Quebec, treating it as their own peculiar domain, 
 and regarding us as strangers and aliens, holding no status of our 
 own, but simply tolerated in their midst." 
 
 The extracts given prove in the most authentic 
 manner possible, that the Roman Catholic Church in 
 Quebec extends its demands — 
 
 1. — To the general assertion of the superiority of 
 ecclesiastical over civil authority. 
 
 2. — To positive interference with both voters and 
 candidates in the Elections. 
 
 3. — To the exercise of proscription against the press. 
 
 4. — To the condemnation of freedom of speech, iii 
 opposition to the judgment of the Privy Council. 
 
 And Lastly. — To the extraordinary proposition that 
 the Divine assistance claimed to be given to the Pope 
 alone, when speaking ex cathedra on " faith and morals," 
 descends with undiminished force to the Bishops, 
 Priests and Cures. 
 
 Nor is there any excuse for claiming such extreme 
 power, on the ground that justice has been withheld 
 from their Church ; for the same Decretum of the 
 
 II I iimhMilMff i'Tf •" '■-"■'■' "'' 
 
u 
 
 public life in 
 s fully jiLstified 
 Ho, to the Hon. 
 id in iising- the 
 
 H much concerned 
 iiontane Party, not 
 ^o towards us Pro- 
 nto by the Roman 
 :h not less directly, 
 t upon the press of 
 icreasing arrogance, 
 d its Hierarchy to 
 d public law within 
 'n peculiar domain, 
 g no status of our 
 
 most authentic 
 olic Church in 
 
 i superiority of 
 
 oth voters and 
 
 ;'ainst the press. 
 
 I of speech, in 
 Council. 
 
 •roposition that 
 
 on to the Pope 
 
 h and morals," 
 
 the Bishops, 
 
 such extreme 
 >een withheld 
 i-etum of the 
 
 Council of Bishops before quoted, concludes with the 
 followinu' remarkable admission : — 
 
 '■■ AVo gladly acknowledge that the Church in our Province has 
 attained a greater measure of liberty than, perhaps, in any other 
 part of t'.ic world ; and we hope and desire that slie may, by the 
 kind favour of our civil ministers and leaders of the State, in con- 
 tinuation possess full and perfect liberty as far as it is possible. "f 
 
 Such are the doctrines laid down by the Roman 
 Catholic Hierarchy in Quebec, and it is notorious that 
 in very many instances they have been acted upon. 
 But better than a hundred special cases is the present 
 attitude of both ordinary political parties towards the 
 Priesthood, and the evident conviction in the minds of 
 their leaders that victory will rest with the party 
 favoured by the Roman Catholic Church. 
 
 I hold that, knowing as we now do the extreme 
 scope that may be given, and, in fact, is given in 
 Quebec to the claims of the Clmrch of Rome, it consti- 
 tutes a legitimate cause for apprehension and distrust, 
 when w^e perceive the Local Government of our Pro- 
 vince passing completely under the influence of the 
 Hierarchy. With the immense range of power given 
 by the Act of Confederation to the Local Legislatures, 
 covering the whole body of civil law, it is of most 
 serious import to us to learn that the maintenance of 
 all our civil rights is henceforward to be entrusted to 
 a body of men who are taught that the Pope is supreme, 
 and that all human enactments are subject to his re- 
 vision whenever he may please to pronounce that they 
 fall wi hin the charmed circle of "faith and morals." 
 
 Passing, however, from iho general to the particu- 
 
 t Lictantes vero confitemur mnjorcm libeitatis giadum Ecclesiam 
 adeptam esse in nostra Provinoia qtiam fursan in ullo alio orbis terrarum, 
 loco, simulqe sperantes cupiniiis nt pk-nam perfettamque libertatem, in 
 ([uantum ])08sibile est, doinoeps possideat, faventibus gratiosis civilibus 
 miuistris et reipiiblicic ducibus. 
 
20 
 
 lar, we observe that already free thought and free speech 
 have been anathematized m the case of the Institut 
 Canadien, and its member, the kite Joseph Guibord. 
 The Press has been placed under ecclesiastical ban 
 in the case of the Montreal Witness, and in ominous 
 warning's to other French-Canadian journals. The 
 Clergy have also succeeded in drawing under their own 
 control the expenditure of most of the public money 
 voted for Charities, Reformatories and Asylums, also for 
 Colonization ; and, in the case of Education, have ob- 
 tained, last Session, the entire management of this most 
 important subject, as regards Roman Catholics. The 
 influence already exerted over the consciences of the 
 simple and trustful French-Canadian peasantry is 
 already most marked and we may readily conjecture 
 what it will become when the education of the masses 
 is all entrusted to the same hands. Power is now 
 given to the Roman Catholic Bishops to divide the 
 whole Province into ecclesiastical parishes ; and we 
 know that this is being done irrespective of, and, 'n 
 many instances, against the wishes of the Roman 
 Catholic parishioners. The action of the Privy Council 
 in relation to Guibord has been provided against in the 
 future, by legislation obtained this year — giving full 
 control of burials to the Clergy. And probably, for the 
 first time within any British Province, the authority of 
 a foreign potentate is cited as necessary for the due 
 execution of the law : the Quebec Act, 38 Vic, Cap. 29, 
 respecting the erection of certain Parishes at Montreal, 
 contains the following extraordinary clause : — 
 
 " 3. — Each Parish thus recognized is so roeognizetl, subject 
 to tlie provisions contained in the decree of erection relatinir to it, 
 as amended by the Ilohj See, and published in 1874 in such Parish." 
 
 And the marginal note in the Statute is significant 
 of the future : " Decrees amended b// our Ilnli/ Father the 
 Pope a/e bindinu;.'^ 
 
 mMiiaii^liiii,is&i^t!~i!irliiSL.:^i 
 
27 
 
 and i'rce speech 
 oi' the Institut 
 oseph Guibord. 
 Iclesiastical ban 
 nd in ominous 
 journals. The 
 Linder their own 
 b public money 
 sylums, also for 
 |cation, have ob- 
 ont of this most 
 Catholics. The 
 isciences of the 
 1 peasantry is 
 idily conjecture 
 on of the masses 
 Power is now^ 
 s to divide the 
 rishes ; and we 
 tive of, and, "n 
 of the Roman 
 e Trivy Council 
 d ag-ainst in the 
 ar— giving full 
 •robably, for the 
 ;he authority of 
 try for the due 
 38 Vic, Cap. 29, 
 les at Montreal, 
 use : — 
 
 roeognized, .subject 
 turn relating to it, 
 ■t in .such Parish." 
 
 te is significant 
 ^lo/// Father the 
 
 It may be argued that all these points relate to 
 Roman Catholics only ; but I contend that they have a 
 most important influence on every British subject in 
 Quebec, and cannot be lightly passed over. To those 
 who may believe that this course of action is ephemeral, 
 and will pass away with the lives of one or two "\ ry 
 aged men, I recommend the careful perusal of Abbe 
 Paquet's Lectures on " Liberalism," delivered at the 
 Laval University in 1874, and approved by the Arch- 
 bishop. It will there be seen that the course of teach- 
 ing in the first Roman Catholic University in Queb»^c is 
 of the most extreme description, and inculcates obedience 
 to the Church of Rome in respect to every condemna- 
 tion of civil lights and civil government contained in 
 the Syllabus. 
 
 Therefore ; with the history of the excitement now 
 prevailing in Europe, and the course of events in our 
 Province before us, my first question must be answered 
 in the allirmative. " The attitude of the Roman Catholic 
 ■' Church towards civil society has changed since Con- 
 " federation, and such change has been signalized in 
 " Lower Canada by overt action.' 
 
 Has such change affected the general rights of Protestants 
 as cHizens of Quebec, and especicdiy weakened their 
 guarantees obtained at Confederation ? 
 
 The reply must necessarily be argumentative, and 
 addressed rather to those Protestant politicians, now 
 basking in the sunshine of Episcopal favor, w^ho say : 
 all this concerns Roman Catholics only ; both political 
 parties are alike in professed submission to the Church ; 
 it does not aflect us so long as we are uiiassailed, and 
 meantime we should act with those who in the past 
 were our friends and allies. I answer that the past has 
 
28 
 
 disappeared, and we are coiil'rontod with a near and 
 ominous luturo. The past was bright ^\Mth actions and 
 declarations all significant of equality of creeds ; of 
 liberty of thought and deed; the entire separation of 
 Church from State was solemnly entered on the Statute 
 Book ; the Roman Catholic Church reposed on the 
 guarantees granted by the liritish Crown ; it was not 
 aggressive, it meddled not with political strife, it pre- 
 tended to no superior rights over other Churches, and 
 though it was as a rule favorable to the conservative 
 party, it never presumed to dictate to the leaders of that 
 party, their political course. All this has changed, and 
 we look in vain for that independence of thought 
 and action which characterized our former French 
 Canadian leaders, in those who have since Confede- 
 ration administered the Government of Quebe",. The 
 party may be called the same, but I fail to recognize 
 it, and few will do so who know that that party 
 was created and led by thoje wiser minds, who re- 
 trieved themselves from the false step of the insur- 
 rection of 1837-8, and afterwards led the way in all 
 the necessary Liberal measures that followed the 
 union of Upper and Lower Canada ; the settlement of the 
 Clergy Reserves — the abolition of the Feudal Tenure — 
 the introduf'tion of the municipal system — the establish- 
 ment of National Education, and a host of other benefi- 
 cent measures These were the men who, understanding 
 the mighty difference between Reform and Revolution, 
 paused ■••'hen their goal was attained, and became the 
 ConseTVi'ive party to which I had the pride and 
 pleasur-' to belong. Can any one say that the present 
 men are their successors in aught but name ? Can 
 words more expressive of profound submission to the 
 Priesthood be found than the languas^e used in the debate 
 on the Address by their leader in the House of Com- 
 mons, Mr. Masson, sustained, as it was, bv Mr. 
 
 'WMkj&Mtiikjii^iLS:-. iiiii^'^^^aMA:. 
 
20 
 
 with a nofir and 
 Avith actions and 
 Hy of creeds ; of 
 tire separation of 
 t'd on the Statute 
 reposed on the 
 Irown ; it was not 
 it;al strife, it pre- 
 er Churches, and 
 the conservative,' 
 ho leaders of that 
 has chang-ed, and 
 ence of thought 
 ir former l^Vencli 
 e since Confede- 
 of Quebe?. The 
 fail to recognize 
 ' that that party- 
 minds, who re- 
 step of the insur- 
 d the way in all 
 at followed the 
 B settlement of the 
 Feudal Tenure— 
 m— the establish- 
 st of other benefi- 
 10, understandino- 
 and Revolution, 
 and became the 
 the pride and 
 that the present 
 ut name V Can 
 ibmission to the 
 sed in tlie debate 
 House of Cora- 
 was, bv Mr. 
 
 "^F 
 
 Langevin, from whom 1 should have hoped lor more 
 independence. 
 
 It is natural that those who enjoy the present favor 
 of the Hierarchy should be tiieir defenders and apolo- 
 gists, — and it is also natural that those who have sutlered 
 through their interfenmce should appear to })e my allies 
 at this moment, and it has not therefore surprised me, 
 that in my recent pamphlet, I should Ix; understood as 
 having changed my political status. My language has 
 not, however, bet n weighed with the same care with 
 which it was used by me. I have said : " I find but 
 one line of duty opeu to me, and that is to give my 
 hearty support and sympathy to the Liberal Catholics of 
 Que])ec." The whole tone of my pamphlet shewed, I 
 think clearly, that I had no concern with the party 
 politics of the day, which would have been the case 
 had I transposed the phrase and said Calliolir Liberals. 
 Unfortunately, I am loo well aware that neither Rouge 
 nor Blue are free from clerical subserviency. "What I 
 asked for in my letter to Mr. Robertson of 31st May, 
 and what 1 seek to obtain now, is " a public and explicit 
 " declaration that they reject and refuse to acknowledge 
 " the authority claimed for his Church by the Roman 
 " Catholic Bishop of Montreal in all matters; pertahiing 
 " to public law and the government of the country." 
 
 Such a declaration as the above can only have 
 force coming from the party in power. It is clearly 
 only to be obtained by a union of the Protestants, not 
 merely with the Liberal Catholics of Quebec, be they 
 politically Conservative or so-called Rouge, but with 
 the Catholics in other parts of the Dominion. 
 
 According to my apprehension of the circum- 
 stances, I think the country is threatened with very 
 grave evils, and I desire to avert the danger — not 
 through the special action of any purely political party, 
 
 / 
 
 
80 
 
 •J 
 
 #« 
 
 
 :•-■ 
 
 •. I* ■■; 
 
 '•'I.- ■ 
 
 ■4 
 
 
 ;■• 
 
 but j throug-h an appeal to the good sense of all. It 
 would be perfectly idle to expect that the Lower 
 Canada Liberals would, as a party, take the same 
 ground I do, when w^e see that the very opening of the 
 question arrays one of their inost distinguished leaders, 
 and a Protestant, in the same ranks with his life-long 
 oi-)ponents. 
 
 There is scarcely a svtbject that can be named that 
 does not fall more or less directly within the scope of 
 the Local Legislature ; and, as citizens of Quebec, the 
 Protestants have, therefore, good reason for jealous 
 apprehension at the encroachments of the Hierarchy. 
 It is not suiRcient for their re-assurance to be told these 
 measures concern Roman Catholics only, and that they 
 may repose in security upon the guarantees obtained at 
 the completion of Confederation. 
 
 These guarantees were obtained under a totally 
 diflerent state of public affairs from that which exists 
 now ; and, being intended as a protection for the faith 
 and liberties of the minority against possible wrong to 
 be sustained at the hands of the Roman Catholics, it 
 becomes of essential importance to recognize the serious 
 change that has been wrought in the Church of Rome 
 through the publication of the Syllabus and the pro- 
 mulgation of the Vatican Decrees. Responsible as I 
 was, in a great measure, for the sufficiency of these 
 guarantees, I claim that no blame can fairly attach to 
 me for not foreseeing the attitude the Church of Rome 
 was ui a few years to assume, and the consequent 
 extent to which the precautionary measiiros might 
 prove inadequate. l)ut this responsibility surely entails 
 upon me the duly of raising my voice as soon as there 
 is evidence of danger, and of doing what may, in my 
 judgment, still ajii^ear possible to preserve the harmony 
 and G'ood-will we must all desire to maintain in a com- 
 
 mmm 
 
31 
 
 sense of all, It 
 that the Lower 
 J, take the same 
 ?ry opening- oi the 
 ing-nished leaders, 
 ^vith his life-long 
 
 an ])e named that 
 ithin the scope of 
 ns of Quebec, the 
 eason for jealous 
 of the Hierarchy, 
 ce to be told these 
 Illy, and that they 
 antees obtained at 
 
 i under a totally 
 that which exists 
 ?ction for the faith 
 :>ossible wrong to 
 )man Catholics, it 
 ognize the serious 
 Church of Kome 
 bus and the jiro- 
 Responsible as I 
 fficiency of these 
 1 fairly attach to 
 Charch of Home 
 the consequent 
 measnr.is might 
 lity surely entails 
 as soon as there 
 ^'hat may, in my 
 irve the harmony 
 aintain in a com- 
 
 munity diifering, as we do, in creed, language and 
 nationality. 
 
 Let me, then, examine w^hat the Protestant guaran- 
 tees consist of, in order that the question of their 
 sufficiency at present may be distinctly understood. 
 
 They are three in number : Education, Eepresenta- 
 tion, and, most important to us of ail, the Veto power 
 reserved in the hands of the Federal Government at 
 Ottawa. 
 
 Education. 
 
 By the 03rd Clause of the British North American 
 Act, it is provided : — 
 
 93. In and for each Province the Legislature may exdunively 
 make Laws in relation to Education, subject and according to the 
 following Provisions : — 
 
 \. Nothing in any such law shall prejudicially affect any 
 Right or Privilege with respect to the Denominational Schools 
 which any Class of Persons have by Law in the Province at the 
 Union : 
 
 2. All the Powers, l^rivileges, and Duties at the Union by 
 Law conferred and imposed in Upper Canada on the Separate 
 Schools and School Trustees of the Queen's Roman Catholic 
 Subjects shall be and the same are hereby extended to the Dis- 
 sentient Schools of the Queen's Protestant and Roman Catholic 
 Subjects in Quebec : 
 
 3. Where in any Province a System of Separate or Dissen- 
 tient Schools exists by Law at the Union or is thereafter established 
 by the Legislature of the Province, an Appeal shall lie to the 
 (iovernor General in Council from any Act or Decision of any 
 Provincial Authority affecting any Right or Privilege of the 
 Protestant or Roman Catholic Minority of the Queen's Subjects 
 in relation to Education ; 
 
 4. In case any such Provincial Law as from Time to Time 
 seems to the Governor General in Council requisite for the due 
 Execution of the Provisions of this Section is not made, or in 
 
 ■ .•***»'^T^"'SW»»'W^'HI"'~5S 
 
 M..'MMi.^^}^-ir^^^im.--:^:-:::i.:-.. 
 
 
ii 
 
 case any Decision of the Governor General in Council on any 
 Appeal under this Section is not duly executed by the proper 
 Provincial Authority in that Behalf then and in ever)- such Case, 
 and as far only as the Circumstances of each Case require, the 
 Parliament of Canada may make rei^edial Laws for the due 
 Execution of the Provisions of this Section and of any Decision 
 of the Governor General in Council under this Section. 
 
 The or'y status, therefore, which we are guaran- 
 teed under the Imperial Act ol Oon federation is that 
 existing- at its jiassage. Now, it is well known that this 
 was wholly unsatisfactory to the Protestants, especially 
 in Montreal and Quebec ; and an endeavour to pass the 
 requisite amendments made in the last Session of 
 the Canadian l*arliament was defeated. So im- 
 portant did I regard this defeat, that I resigned my 
 seat in the Government, and declined any greater share 
 of responsibility than was accepted by other Protestant 
 representatives. However, as it threatened to interpose 
 most serious obstacles to the acceptance of Confedera- 
 tion, it was finally agreed, to be satisfied with the 
 assurances of Sir George Cartier and the French- 
 Canadian lioman Catholics following him ; that, at 
 the first Session of the Local Legislature of Quebec, the 
 required legislation should be obtained, and that the 
 Local Government should be so organized as to ensure 
 this result. Though not a member of the Government, 
 I formed one of the delegation to London, and assisted 
 in the compilation of the Act of Confederation ; and, on 
 the 1st February, 18G7, when Confederation took place, 
 I re-entered the Ministry, and, with the assistance of 
 Sir George Cartier and the Hon. Mr. Langevin, the 
 School Bill, as itnowstandc, was passed ; but even then 
 it was not attained without great difficulty, as can be 
 testified by all who were acting with me in Quebec at 
 the lime. 
 
 I 
 
 The educational rights of Protestants as respects 
 
33 
 
 much of the principle and mode of taxation, separate 
 management and other important points are, therefore, 
 not secured by the Act of Confederation ; but rest upon 
 a Provincial Statute of Quebec ; that is subject to repeal, 
 if not prevented by the \ieto poiver. 
 
 Representation. 
 
 Th3 representation guarantees enjoyed by the Pro- 
 testants consist in the follo^ving provisions of the 
 B.N.A. Act :— 
 
 80. The Legislative Assembly at Quebec shall be composed 
 of Sixty-five Members, to be elected to repre::ent the Sixty-five 
 Electoral Divisions or Districts of Lower Canada in this Act 
 referred to, subject to Alteration thereof by the Legislature of 
 Quebec : Provided that it shall not be lawful to present to the 
 Lieutenant Governor of Quebec for Assent any Bill for altering 
 the Limits of any of the Electoral Divisions or Districts mentioned 
 in the Second Schedule to this Act, unless the Second and Third 
 Readings of such Bill have been passed in the Legislative 
 Assembly with the Concurrence of the Majority of the Members 
 representing all those Electoral Divisions or Districts, and the 
 Assent shall not be given to such Bill unless an Address has been 
 presented by the Legislative Assembly to the Lieutenant 
 Governor stating that it has been so passed. 
 
 Electoral Districts of Quebec specially fixed. 
 
 Pontiac. 
 
 * Htawa. 
 
 ' genteuil. 
 
 • t''ntingdon. 
 
 COUMTIKS OF 
 
 Missisquoi. 
 Brome. 
 Shefford. 
 Stanstead. 
 
 Town of Sherbrooke. 
 
 Complon. 
 
 Wolfe & Richmond. 
 
 Megan tic. 
 
 At best, it was felt at the time to be a guarantee of 
 a most illusory nature, liable to be disturbed by natural 
 causes. But in what position c'oes it now stand? 
 Under the guise of re-patriation, large sums of money 
 have been annually voted, and the most persistent elibrts 
 
 3 
 
:L-i'.-.r:i/mi->-Utim»..i,.s 
 
 IN 
 
 84 
 
 made for the purpose of filling- ouv reserved constituen- 
 cies with French-Canadian Roman Catholics, Avhenever 
 an opening could be found or made. 
 
 Already our hold on thes. constituencies is so 
 weakened, that, with one or two exceptions, the candi- 
 date receiving the Eoman Catholic v(ite will always 
 secure his election. And when the day arrives that 
 Mgr. Bourget's dogma prevails as to ^' who are those 
 Avho are not to be voted for," it will be seen that our 
 guarantee is gone. One session, with an obedient 
 majority from the guaranteed constituencies, will be 
 sufficient to re-cast the boundaries of each and all, and 
 scatter to the w^nds this one of our impregnable securi- 
 ties ; /inless, as i, ' > '^ase of the I'iducation law, the veto 
 pinner be exerciseu 
 
 Veto ?oweu. 
 
 We have the guarantee 'that all local legislation 
 is subject to revision and veto by the Grovernor- 
 Creneral ; or rather, to speak more practieally and intel- 
 ligibly, by the Federal Government, The Clauses in 
 the Confederation Act are as follows : — 
 
 56. Where the Governor General assents to a Bill in the 
 Queen's Name, he shall by the first convenient Opportunity send 
 an authentic Copy of the Act to One of Her IMajesty's Principal 
 Secretaries of State, and if the Queen in Council withui Two Years 
 after Receipt thereof by the Secretary of State thinks fit to disallow 
 the Act, such Disallowance (with a Certificate of the Secretary of 
 State of the Day on which the Act was received by him) being 
 signified by the Governor General, by Speech or Message to each 
 of the Houses of the Parliament or by Proclamation, shall annul 
 the Act from and after the Day of such Signification. 
 
 90. The following Provisions of this Act respecting the 
 Parliament of Canada, namelv; — the Provisions relating to Appro- 
 priation and Tax Bills, the Recommendation of Money Votes, the 
 Assenl to Bills, the Disallojmnce of Acts, and the Signijicaiion of 
 
 ilii 
 
35 
 
 Pleasure on Bills rescn'ed,~%\\x\\ extend and apply to the Legis- 
 latures of the several Provinces as if those Provisions were here 
 re-enacted and .made applicable in Terms to the respective 
 Provinces and the Legislatures thereof, with the Substitution of 
 the Lieutenant Governor of the Province for the Governor General, 
 of the Governor General for the Queen and for a Secretary of 
 State, of One Year foi Two Years, and of the Province for Canada. 
 
 The veto by the Federal Government is the reiil 
 paHadium of onr Protestant liberties in Lower Canada. 
 I have already shewn that our educational rights are 
 only safe under its shelter, and that our representation 
 guarantee will, some day, " dissolve into thin air " witli- 
 out its exercise. Let me now point out that in the firm 
 but moderate use of this vast pow^er, safety may yet be 
 found, from the undue encroachments to which both 
 Protestants and Catholics are exposed. r)ut it is negative 
 only ; and if the opportunity for its exercise be lost, it 
 is impotent to remedy the evil. 
 
 No one can blame me then for endeavouring to 
 enlarge the sphere for discussion of our Lower Canadian 
 difficulties. Our last and most potent guarantee is in 
 the hands of the Federal Grovernment, and if the 
 exercise of this pre-eminent authority be assured, 
 through the establishment of a sound and pronounced 
 public opinion on the subject now under discussion, 
 we may await the issue with less misgiving. 
 
 On the other hand, if no voice of warning be 
 raised, — if nothing be heard but adulatory pteans to 
 the Hierarchy, to obtain their political supjiort and 
 inlluence, how can w^e expect to receive attention, when 
 we appeal to a Government at Ottawa, j.lmost all of 
 whose supporters from Quebec owe their seats to the 
 clergy — and of whoso opponents, a like proportion are 
 also hopelessly entangled. AYhat chance of getting the 
 Veto exercised, if nine-tenths of the Quebec votes are 
 
80 
 
 ready to cleclar*' want of coiitidence in the Government 
 that ventures to do it, and what else could the nine- 
 tenths do in their i)osition V 
 
 I midit extend this arr^ument much more, and 
 support it by a variety oi facts drawn from the legisla- 
 tion and administration of aliairs in Quebec, since 
 1870, — but I prefer to take only those striking points 
 with which we are in a great measure familiar, and 
 comx^ring the position of Quel^ec now, with what it 
 was, prior to the Syllabus and Vatican Decrees, I 
 unhesitatingly affirm that "Such change has affected 
 " the o-eneral riiyhts of Protestants, as citizens of the 
 " Province of Quel)ec, and especially, has weakened their 
 " guarantees obtained at Gonfederation." 
 
 I& the hwe Ihus raised Po/itica/ or RcU'j:ions ^ 
 
 It now only remains for me to consider, "whether, 
 the affirmative answers necessarily given to the tw^o 
 questions propounded, form a Political or a Religioir^ 
 issue, and may be discussed without trespassing upon 
 theological ground. 
 
 My own conviction is clear that the discussion 
 belongs wholly to the Civil or Political phase of human 
 society, and in the foregoing remarks, while necessarily 
 holding my views as a Protestant on the dogmas of the 
 Vatican Council, I have tried to avoid any reference to 
 them, which could be interi')ri'ted as in any way disput- 
 ing their claim to entire acceptance by Roman Catholics. 
 Should it prove, as many gloomily predict, that these 
 Decrees have left no common standing ground, as fellow 
 citizens, for those who are in, and those who are out of 
 the pale of the Roman Church, it will soon be painfully 
 manifest, and each must act as his conscience dictates. 
 
37 
 
 {■ .'? 
 
 AUhouuh I am myself, I trust, a sincere Christian, 
 yet rc^adiiig and observation have taught me that 
 Keligion, be the particular creed ^vhat it may, is a 
 sentiment oi' the humiii mind, more or less profound 
 according to the idiosyncrasy of the individual. Apart 
 from its moral teachings, — which ha\ e very widely dilfer- 
 od in different ages, and among the various races of the 
 world, — it has no temporal power whatever ; it deals ex- 
 clusively with the interest of man beyond the grave ; 
 and though men ha-s'e constantly presumed to pronounce 
 upon the i'uture fate of their fellow mortals, it is certain 
 that the linal judgment will be rendered by the Omnis- 
 cient, who alone cannot err. The necessary and logical 
 deduction from this jieculiarity of the religious senti- 
 ment, has been, that, Irom the very earliest ages, and 
 under every system of faith that has prevailed, the 
 teachers have been compelled to seek from the Civil 
 powers, the authority to enforce their doctrines 
 
 The Christian form of religious belief, and its 
 teachings, as developed by men, have, in the course 
 of nineteen centuries, follow^ed precisely in the same 
 steps. We shall search in vain for a period when 
 human power, human law, and Civil government, 
 have not been grasped at by the Church as a means 
 of compelling obedience to their dogmas. It is thus 
 clear, that unless Civil society chooses to \\ield the 
 weapon against itself, the " spiritual sword " of the 
 priesthood will be powerless to wound. 
 
 These observations are, I suppose, trite enough, but 
 I think they will not be considered out of place, when 
 they are intended to preface my appeal to all good citi- 
 zens, whether Catholic or Protestant, to resist the pre- 
 sent attempt of the Roman Catholic Hierarchy to control 
 the Local 'lovernment of Quebec. 
 
 The State — whether riuhtlv, Protestants as gene- 
 
88 
 
 rally think, or wrongly, as the Syllabus toaches — has the 
 supreme power on earth, and can compel compliance 
 with its decrees. The Courts of Justice declare the 
 rights and ol)ligations of every one, in the eye of the law. 
 To cite extreme examples ; in Eng-land we see points 
 afiecting- the doctrine of the Church of l^lngland 
 frequently settled by the Courts ; — we see clergy- 
 men directed to administer the sacrament itself when 
 it had been illegully withheld ; — we have seen the 
 ecclesiastical sentence against Joseph Guibord prohib- 
 iting his burial, reversed by the Privy Council, and 
 we all know that no unjust senlcnce or injury can 
 be inflicted by Bishop or Priest alfecting temporal in- 
 terests, for which our law will not provide a remedy. 
 
 It is certainly not a religious question, but a politi- 
 cal or civil one, whether we shall change this state of 
 things — whether we shall surrender our civil rights into 
 the hands of the Priesthood or not — whether we shall 
 permit them to use at our elections an undue influence 
 infinitely more powerful and more dangerous than that 
 of gold or intemperance — whether they shall dictate to 
 us what we shall say, or read, or think, and thus gradu- 
 ally shackle all the energy and intelligence of our young 
 Dominion ? 
 
 Well may " Ultramontane," in the letter to which 
 reference has previously b^en made, say of the Pastoral 
 of 1st February, issued by Mgr. Bourget, that he " makes 
 " bold to call (it) the most extraordinary document ever 
 " issued by a Catholic Prelate "; but, unfortunately,, 
 there are, as I have shown, others nearly or quite as 
 remarkable, as yet, disavowed by no superior authority. 
 I rejoice, however, to observe the sensible course adopted 
 by Archbishop Lynch, and it emboldens me to address 
 my fellow-subjects generally of the lioman Catholic,, 
 rather than those of my own faith, in entreating them 
 
 li 
 
39 
 
 h 
 
 to unite with thoso, both Catholic and Trotestant in 
 Quebec, who deplore and resent the attitude of the 
 Hierarchy. 
 
 Let not our .sister Provinces wrap themselves up 
 in indill'erence — they will soon learn that what injures 
 Quebec, injures them, — and that agitation and discord 
 here, means trouble and disturbance at their own doors. 
 It would ill become a man of my years and experience, 
 even if it suited my taste, to use the lang-uag-e of 
 menace, but I may littingly employ words of entreaty 
 and warning, — and I therefore do in the most earnest 
 manlier, pray for such sympathy and help as will arrest 
 the designs of those who are now troubling us. Let the 
 Roman Catholics (I speak wholly without reference to 
 party terms) in Ontario and the IMaritime Provinces, 
 assure those of their owni faith here, that they may rely 
 on their aid, — and w^e shall soon see such a phalanx 
 drawn from both political parties, and united with the 
 Protestants, as \vill make the Hierarchy pause, and 
 return to their proper sphere of teaching piety and 
 morality to their people while living-, and supporting' 
 them- in death with the comforting assurance of happi- 
 ness hereafter. 
 
 Permit me to recall a page from the past history of 
 our noble Province. In 1836 the French Canadians, in 
 the pursuit of many laudable reforms, mixed, unfortu- 
 nately, with much that was national and sectional, 
 allowed themselves to become involved in open contest 
 \vith the supreme power, and with their English-speak- 
 ing- fellow-subjects. The issue w^as most disastrous, and 
 for the time not only deprived them of all civil rights, 
 but so seriously alarmed the minority, that, though 
 possessing the control of the Government, the latter 
 sought and obtained safety through union with Upper 
 Canada. Should the encroachments of the Hierarchy, 
 
40 
 
 and their influence ovtM- their people, once more provoke 
 rt con lost, history will possibly repeat itself, and the dis- 
 cord of Quebec be extiny-uished by the change from a 
 Federal to a Legislative Union of British North America. 
 Many events already transpiring ])oinl to such a change, 
 and if the Protestants are once thoroughly alarmed, and 
 find theii civil r-ghts invaded, it may be found the 
 easiest and safest measure to restore harmony. Already 
 we may accept the note of warning, conveyed in the 
 formation of the Protestant Defence Alliance, and its 
 spreading organizations. It is only the iirst indication 
 of growing discontent, and should not be disregarded 
 till other and more menacing demonstrations are made. 
 One thing is certain, that the rest of the Dominion 
 cannot allow Quebec, to become the seat of chronic 
 agitation and disorder, to the injury and danger of the 
 other members of the Confederation. 
 
 But if it be not so, and this struggle is allowed to 
 extend and intensify, then the day which sees the 
 triumph of the priest, will usher in that w^hieh will 
 overthrow his power for ever. It is impossible that in 
 a Province of the Protestant empire of Great Britain, 
 on the continent of America, in the presence of Forty 
 Millions of Protestants, a slavery should be imposed 
 upon us by the Homan Catholic Hierarchy, which exists 
 no longer even under the shadow of the Vatican. Free 
 speech — free thought — and a free press, must have the 
 fullest scope in America ; a:id if, in a wild scheme to 
 reduce them to obedience to the will of the Priesihood, 
 they be for the moment repressed, all history tells us 
 that the torrent when it bursts, will sw^eep away far 
 more than the barrier that arrested its course, — and will 
 leave behind the w^reck of many noble Catholic insti- 
 tutions, to mock the folly of those, who make unwilling- 
 adversaries, of natural and atlectionate friends. 
 
 ;i^ 
 
^1 
 
 sti- 
 iusi" 
 
 In coiK'ln.sioii, let mo endoavouv to comply with the 
 demand made upon me IVom various quarters, to point / 
 out some course of action which will avert the evils of j 
 which I complain. The course is plain and the result \ 
 certain, but it iuA'olves the co-operation of the lead«M-s 
 of our rival political parties, and can therefore, only he 
 obtai)ied through pressure upon them. If the leaders 
 of both political parties would, for once, lay aside their 
 mutual jealousies, and unite in a declaration to the 
 Hierarchy, that their interference must absolutely cease, 
 or that all would unite in leiiislation to check it etlect- 
 ually, this ail'air must, end. To attain this object, I | 
 siig'g'est an organization comj)osed of Catholics and 
 Protestants, irrespective of creed, nationality or political | 
 party, for the maintainance of the Civil Rights of the 
 people ; such an organization, thoroughly in earnest, 
 would brinji' suihcient pressure on our rulers, both at 
 Ottawa and Quebec, to ensure their compliance, and to 
 settle for our day at least, the proper and harmonious 
 relations of Church and State. 
 
 1 
 
 A. T. (lALT. 
 
 ty 
 
 ^tS 
 
 ■ee 
 
 he 
 
 to 
 
 Montreal, 3rd April, ISTB.