IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 // 
 
 
 
 z 
 
 1.0 
 
 I.I 
 
 .. «. Ill 
 
 1^ 1^ 
 m 112.2 
 
 1.8 
 
 1.25 III 1.4 
 
 1.6 
 
 V] 
 
 /2 
 
 
 
 ^'J^ 
 
 o 
 
 7 
 
 Photographic 
 
 Sciences 
 
 Corporation 
 
 n WIST MAIN SfRSCT 
 
 V«BSTIR,N.Y. 14^80 
 
 (1 M <*''3-4S03 
 
 ^y^ '^^^ 
 
 
 "4 
 
CIHM/ICMH 
 
 Microfiche 
 
 Series. 
 
 CIHM/ICIVIH 
 Collection de 
 microfiches. 
 
 Canadian Institute for Historical Microreproductions / Institut Canadian de micrcreproductinns historiques 
 
Technical and Bibliographic Notes/Notes techniques at bibliographiques 
 
 The Institute has attempted to obtain the best 
 original copy available for filming. Features of this 
 copy which may be bibliogrbphically unique, 
 which may alter any of the images in the 
 reproduction, or which may significantly change 
 the usual method of filming, are checked below. 
 
 □ Coloured covers/ 
 Couverture de couleur 
 
 I I Covers damaged/ 
 
 D 
 
 D 
 
 D 
 G 
 
 □ 
 
 D 
 
 Couverture endommagde 
 
 Covers restored and/or laminated/ 
 Couverture restaurde et/ou pelliculie 
 
 I I Cover title missing/ 
 
 Le titre de couverture manque 
 
 I I Coloured maps/ 
 
 Cartes giographiques en couleur 
 
 Coloured ink (i.e other than blue or black)/ 
 Encre de couleur (i.e. autre que bleue ou noire) 
 
 I I Coloured plates and/or illustrations/ 
 
 Planches et/ou illustrations en couleur 
 
 Bound with other material/ 
 Reli6 avec d'autres documents 
 
 Tight binding may cause shadows or distortion 
 along interior margin/ 
 
 Lareliure serrie peut causer de I'ombre ou de la 
 distortion le long de la marge intirieure 
 
 Blank leaves added during restoration may 
 appear within the text. Whenever possible, these 
 have been omitted from filming/ 
 11 se peut que certaines pages blanches ajoutdes 
 lors d'une restauration apparaissent dans le texte, 
 mais, lorsque cela 6tait possible, ces pages n'ont 
 pas 6t6 filmdes. 
 
 Additional comments:/ 
 Commentaires suppldmentaires; 
 
 L'Institut a microfilm^ le meilleur exemplaire 
 qu'il lui a 6td possible de se procurer. Les details 
 de cet exemplaire qui sont peut-dtre uniques du 
 point de vue bibliographique, qui peuvent modifier 
 une image reproduite, ou qui peuvent exiger une 
 modification dans la m^thode normale de filmage 
 sont indiquds ci-dessous. 
 
 □ Coloured pages/ 
 Pages de couleur 
 
 n Pages damaged/ 
 Pages endommagdes 
 
 I Images restored and/or laminated/ 
 Lkd'^ Pages restaur^es et/ou pelliculdes 
 
 r~~U Pages discoloured, stained or foxed/ 
 Lr^ Pages ddcolordes, tacheties ou piqu^es 
 
 I j Pages detached/ 
 
 n 
 
 Pages ddtachies 
 
 Showthrough/ 
 Transparence 
 
 Quality of prir 
 
 Qualit^ indgale de I'impression 
 
 Includes supplementary materif 
 Comprend du materiel suppl^mentaire 
 
 Only edition available/ 
 Se^la Edition disponible 
 
 r~y Showthrough/ 
 
 I I Quality of print varies/ 
 
 I I Includes supplementary material/ 
 
 I I Only edition available/ 
 
 Pages wholly or partially obscured by errata 
 slips, tissues, etc., have been refilmed to 
 ensure the best possible image/ 
 Les pages totalement ou partiellement 
 obscurcies par un feuillet d'errata, une pelure. 
 etc., ont 6t^ filmies d nouveau de facon d 
 obtenir la meilieure image possible. 
 
 This item is filmed at the reduction ratio checked below/ 
 
 Ce document est film6 au taux de reduction indiqud ci-dessous. 
 
 10X 14X 18X 22X 
 
 26X 
 
 30X 
 
 
 
 J 
 
 12X 
 
 16X 
 
 20X 
 
 24X 
 
 28X 
 
 32X 
 
The copy filmed here has been reproduced thanks 
 to the generosity of: 
 
 Library of the Public 
 Archives of Canada 
 
 L'exemplaire filmA fut reproduit grAce A la 
 g6n6rosit6 de: 
 
 La bibliothdque des Archives 
 publiques du Canada 
 
 The images appearing here are the best quality 
 possible considering the condition and ibgibiiity 
 of the original copy and in Iteeping with the 
 filming contract specifications. 
 
 Original copies in printed paper covers are filmed 
 beginning with the front cover and ending on 
 the last page with a printed or illustrated impres- 
 sion, or the bacit cover when appropriate. All 
 other original copies are filmed beginning on the 
 first page with a printed or illustrated impres- 
 sion, and ending on the last page with a printed 
 or illustrated impression. 
 
 The last recorded frame on each microfiche 
 shall contain the symbol —^>( meaning "CON- 
 Tly^UED"), or the symbol V (meaning "END"), 
 whichever applies. 
 
 Les images suivantes ont 6t6 reproduites avec le 
 plus grand soin, compte tenu de la condition et 
 de la nattet6 de l'exemplaire film6, et en 
 conformity avec les conditions du contrat de 
 filmage. 
 
 Les exemplaires originaux dont la couverture en 
 papier est imprim6e sont fiim^s en commengant 
 par le premier plat et en terminant soit par la 
 dernidre page qui comporte une empreinte 
 d'impression ou d'illustration, soit par le second 
 plat, selon le cas. Tous les autres exemplaires 
 originaux sont film6s en commenpant par la 
 premidre page qui comporte une empreinte 
 d'impression ou d'illustration et en terminant par 
 la derniire page qui comporte une telle 
 empreinte. 
 
 Un des symboles suivants apparaTtra sur la 
 dernidre image de cheque microfiche, selon le 
 cas: le symboie — ► signifie "A SUIVRE ", le 
 symbols V signifie "FIN". 
 
 iVIaps. pi£«tes, charts, eic. may be filmed at 
 different reduction ratios. Those too large to be 
 entirely included in one exposure are filmed 
 beginning in the upper left hand corner, left to 
 right and top to bottom, as many frames as 
 required. The following diagrams illustrate the 
 method: 
 
 Les cartes, planches, tableaux, etc., peuvent dtre 
 film6s d des taux de reduction diffirents. 
 Lorsque le document est trop grand pour dtre 
 reproduit en un seul clich6, 11 est film6 d partir 
 de Tangle sjp6rieur gauche, de gauche d droite, 
 et de haut en bas, en prenant Is nombre 
 d'images n6cessaire. Les diagrammes suivants 
 illustrent la mdthode. 
 
 1 
 
 2 
 
 3 
 
 1 2 3 
 
 4 5 6 
 
''/r 
 
 ; I- 
 
 i* 
 
)!!)* ,MIM. i.,l I: 
 
 .'.» 
 
 A.!:/ 
 
 vx 
 
 THE 
 
 RECTORIES 
 
 OF 
 
 UPPER CANADA: 
 
 BEING A 
 
 RETURN TO AN ADDRESS 
 
 or 
 
 THE HONOURABLE THE HOUSE OF COMMOJ^B, 
 
 * Dat« J nth Mart;lB, 18»», 
 
 VOR 
 
 coriKs OK i:xrnACTy of the correspondence between the uevtenant oovEivNon 
 
 0.V L'PPEK CANADA AND THE SSCKETARV OF STATE, ON THE SUBJECT OF THE 
 CREATION OF RECTORIES IN THAT PROVlSCe BV SIR JOHN COIBORNK. ■ 
 
 N*^ -. "*-*'• 
 
 *«'fi ', 1 
 
 ^ViTH APit'^NDlX, : 
 
 •xf ':■•' 
 
 ."^mtiT': 
 
 CoLcviAi OKhtE, /)<»»w«\o S/r<w<, 26/A J/orr/i, lb39.— H. LABOUCHERE. 
 
 TORONTO: 
 PUINTED AND SOLD BY HUGH SCOBIE, 16, KING STREET EAST. 
 
 1852. 
 
C N T EN T S. 
 
 1. Denpafch L^ini OIen;j]g lo Sir F. B. Head, 
 ■) Isl Aii^'ust, 1 833 
 
 51 DeppntchSir F. i». Ilpud to Lonl GU'iioig, 
 17th recotnher, 1^38 
 
 3. Articlj from iMi)niiii^ Courier, MoiitrcJiI,. 
 
 4. Minute of iCxecntivu C<iui!ciJ, Ijtli Jan., 
 
 18;!6, rccouinieudiipg the cstablihliniciil"f 
 tho Uectories 
 
 5. 3ch(;dulesof Ucuirits of Patcutn for lands 
 
 ill regard to tho Roctories 
 
 C. Dcfipatch Sir F. 15. Head to Lord Glenelg, 
 2nd May, 1B37 
 
 7. Md'»iorials of the Dolegatos of tho Cliurch 
 
 of Scotland, asseriiblod at Cobourg, April, 
 1837 
 
 8. Despatch Lord Olmioltt to Sir F. B. Head. 
 6th July,1837 ." 
 
 9. OiMyQ submitted to the Law Officers of tho 
 
 Orown in England, 12th April, 1837... 
 
 10. Opinion of tho Law Officers of the Crown, 
 8th June, 1837, declaring the Rectories 
 invalid ., i 
 
 11. Dosj>atcli Sir F. B, Ht-ml to Lord Oleisolg, 
 
 Kith September, IS.H 
 
 13. Despatch of Earl IJalhnrst to Sir P. 
 Maitlan.l, '2nd April. 1813 
 
 13. De:spat-1: d E.ul Hiuhiirbt to Sir I' 
 Mailland, Qiind J'lly. 182.') 
 
 li. Minute of Executive Cotincil, 'Jlst Nov., 
 1325 
 
 15. Despatch Sir F. B. Head to Lord Glenelir, 
 16lh Sept.. 1837 T. 
 
 IG. Memorial from S < nod of Church of Scot- 
 laud in Canada, 6th Sept., 1337 
 
 17. DcHpatch Lord Glenelg'lo Sir K. B. Head, 
 
 irnii Nov., 1837 
 
 18. Despatch SirF. B. Head to Lord Glciclg, 
 
 I8th October, 1837 
 
 19. Report of tho Archdeacon of York, 19th 
 October, 1837 
 
 30. Attorney General Sewell's Report, of 
 Lower Canada, respecting tho erection 
 of Protestant Parishes, 6th June, 1801. 
 
 91. Patent by the Duke of Richmond, erect- 
 ing the Parsonage or Rec'.ory.and Parish 
 of Montreal, 12th August, 1818 
 
 29. Minute of the Kxecutive Council of Up- 
 per Canada, 9th March, 181.5 
 
 23. Despatch of Governor Drummond to 
 Governor Gore, 23!d March, 1816 
 
 34. Act of Ur>per Canada, relative to tythea, 
 90th Fe»\.lS23 
 
 25. Minute of Clergy Reaeni'e Corporation, 
 
 4th Feb.. 13.35 
 
 26. Message from Sir John dtiborne to tho 
 
 E.xeculive Council, 9.9th June, 1835 
 
 iW. Case submitted by Secretary Rowan to 
 the Crown Oificera, 8th May, 1835 
 
 i-AQE.: 
 
 j;28 
 8{;2D. 
 
 3.30. 
 3 
 
 131. 
 32. 
 
 5133 
 
 5 
 
 34, 
 
 6 
 
 J35. 
 
 8 
 
 3G. 
 
 
 37. 
 
 9 
 
 
 
 38. 
 
 10 
 
 
 
 33. 
 
 11 
 
 
 
 10. 
 
 11. 
 
 
 11 
 
 11. 
 
 13 
 
 43. 
 
 13 
 
 
 
 13. 
 
 14 
 
 
 
 14. 
 
 1-1 
 
 
 
 15. 
 
 U 
 
 
 
 46. 
 
 If) 
 
 47. 
 
 
 48. 
 
 21 
 
 
 
 49. 
 
 24 
 
 
 
 50. 
 
 24 
 
 
 25 
 
 51 
 
 25 
 
 
 sdi 
 
 52. 
 
 26 
 
 
 I'AOK. 
 
 Addilioiial cn.sc,2<)th May, 16.15 ii8 
 
 Opinion of Solicitor General IJagorrunn, 
 
 4th June, 183,) 27 
 
 Ojiinion of Attorney (icnorul Jameson, 
 13th Juno. ]63i>, and concurrence of iho 
 Executive Council therein, 5th Nov., 
 
 1835 28 
 
 Despatcn Lord Glcnelg to Sir Geo. Arthur, 
 
 26th December, 1837 28 
 
 Despatch of Lord Glenelgto bir Geo. Ar- 
 thur, 9th February, 1 8;i8 30 
 
 Case submitted by Lord Glcnelg, to the 
 Liiw Onicers of the Crown, I'Jih Dec, 
 13.37 30 
 
 . Extract Des|mtch, \ iscount Goderich, to 
 Sir John Colborne, 21»t. Nov., 1831.... 31 
 
 . De.spatch. Viscount (loderich to Sir John 
 Colborne, of same date 31 
 
 , Draft of Mo.ssage to tho Legislature of 
 
 Upper Canada, acconi))anjing same 33 
 
 Dr-i't of Bill to be laid before tho liCgis- 
 
 lalure, accompanying Hame 34 
 
 Confidenliiil Despatch, Vi.'connl Goderich 
 to Sir John Colborne, 5tli April. 1832.. 35 
 Conunission to the Errrl of Gosford, as 
 
 Governor General, i;jih June, 1835 35 
 
 Opinion of the Law Ofticorisof the Crowi5, 
 24lh January, 1838, declaring tho Rec- 
 tories tt> be valid 40 
 
 Despatch Sir George Arlliur to Lord 
 
 Giouclii, Uth July, 1838 -,. 4C 
 
 Letter from Secretary the Hon. Jo'an Ma- 
 caulav, to tho Moderator of Synod, 2nd 
 
 July,*1838 41 
 
 Desj)atch Sir George Arthur to Lord 
 
 Glenelg, 22nd Sept., 1838 42 
 
 Address from the Commission of Synod, 
 to Sir George Arthur, 18th July, 1838. . 42 
 Report of the Executive Cou>icil thereon, 
 
 9th Augu-it, 1838 4T 
 
 Address to the Qu«en, by the Grand Jury 
 
 of the Bathurst District 4^ 
 
 Despatch Lord Glenelg to Sir George 
 
 Arthur, 24th Oct,, 1838 j 49 
 
 Api'K.vDix. — Article irom the Toronto 
 
 Colonnt, June, 1852 &0 
 
 Despatch froni Sir P. MHttland, to Earl 
 
 Bathurst. 17th May, 1819 53 
 
 Prttilion from the Presbyterian Congre- 
 gation of Niagara, to Sir P. Maitland. 
 30th March. 1819 33 
 
 Despatch from Earl Bathurst to Sir P. 
 Maitland, 6th May, 1820, r^cogidzing th« 
 claim of the Church of Scotland, to a 
 participation in the Clergy Reservca.... M 
 
 Despatch from Sir P. Maitland, to Earl 
 Bathurst. 28th Dec, 1825 54 
 
THE RECTORIES 
 
 OF 
 
 J..» i,V 
 
 C A N A D A'.' 
 
 /■ 
 
 .Rotum to an Addreti of tine Honourahlf. the Jfoute 
 of Gommon», dated llth March, 1839 ; for Copies 
 Of Jixtracin of the Correspondcnee -.between the 
 jMuietiant- Governor of Upper Canada and th* 
 Secretary of State, on tlie Subject of the Creation 
 of Rectories in that Province hy Sir John 
 Oolbom$, 
 
 K. LAQOLCHERK. 
 
 Colonial OlRce, Downing Street, 
 26ih March, 1839. 
 
 No. 1. 
 
 (No. 92.) 
 
 Copy of a Despatch frim Lord Glenelg to Sir F, 
 S. Head, K.C.H., Lieuienaai*Governor of Upper 
 Canada. 
 
 Downing Street, 3 J st August, 1836. 
 
 Sir — Among the Documents appended to the 
 Ri?port of Ihe Committee of the H.»use of Assem- 
 bly of Upper Canada, to whom was refeired your 
 Correspondence with your late Executive Council. 
 is a Schedule of the patents for land gianted ab 
 endowments to the Church of England in t()at 
 Province, and a return of properly ceded by cer: 
 tain parties in exchange for enaovvmenls. The 
 incomplete manner in which these returns are^ 
 
 No. 2. 
 (No.lOl.) 
 Copy of a Despatch from Sir F. B. Head, K C.H., 
 Lieutenant Governor of Upper Canada, to Loid 
 Glenelg. 
 
 Toronto, Upper Canadij, i7ih Dec, 1836. 
 
 My Lord,— In cotnplianca with the direction! 
 contained in your Loid«hip'8 Despatch, No, y2, I 
 have the honour to transmit herewiih documentfl 
 showing the number and nature of the endow- 
 ments to the Chuich of England which were made'' 
 by my predecessor. 
 
 Your Lordship will perceive that the patents of 
 these endowments iiie all dated alter my arrii"*l 
 at New Yolk, and while I was on my jjumey to 
 Toronto ; and th<nigh I have never mentioned the 
 circumstance before, I will not now withhold 
 from your Lordship, that the feeliriii; which the 
 endov .nent of these Rectories cieated thmiighoul 
 the povince was one of Mje many ditlicullies I 
 had to contend against diuiig the late Elections. 
 I have, &c., 
 ' (Signed) F. B. HEAD," 
 
 !K*sii-ii Enclosure referred to in No. 2. 
 (A.) 
 Morning Courier, ''• *' ^ 
 Montreal, Fiiday, 17th Feb., 1837. 
 drawn up renders it impossible to discover iht-i A most animated debate look place in the U'lper 
 date of the greater portion of the transactions to'Canada Assenibly on the J)th inst., on the iieport 
 which they lefer; but it would .nppear from iht'of ihe .Select Committee to whctn the petitiorts jc- 
 heading of one of the returns, that several Rec-;spec'.ing the Rectaries, from several Presbyterinn 
 tories have been endowf^d doling the current year;iCongregations, had been refeired. Mr. M'Kay, 
 allhcuj;h, I presume, before your assumption ofjChairman of ii»e Comn.ittee, submitted a series 
 the Government of Upper Canada. As this, is a.-'f resolutions condemnatory of the recent estab- 
 ■iuhjecl of considerable importance, and as it bns 'ishment of liectorirs in the Piovim-e, but provinj^ 
 attracted the notice of the nublic, both in thJMiot quite palatable to the House, they weiere^ 
 
 country and in the province, 1 have to requesi 
 that you will sup))ly me with an explanation ol 
 the returns to which I havts alluded; specifying 
 the dates at which the several endowments weit 
 conceded, and, as far as possible, the grounds ol 
 the lespective grants. 
 
 I need not, I am sure, point out to y6u, that, 
 pending the settlement of Ihe Clergy Reserve 
 Question, .it is indispensable that no further allot- 
 ment of church lands shoull take place, without 
 tlie express sanction of His Majesty's Government. 
 
 I have, &c., 
 
 (Signed) GLENELG. 
 
 
 jer ted by a small majority;. They went Ihe length 
 if abolishing the Rectories already ebtablished. 
 (n lici; oi them, the following, pioposed by Mr. 
 Vl'Lean, were adopted : — 
 
 Is', Resolved, That by the ihirty-nighlh clousa 
 of the Act 31, Geo. 3, cap. .31, powri is given to 
 His Majesty to authorize the Governor. Lit iiten.Mit 
 Governor, or person administering the Government 
 .)f this Province, vv'ith the advice of the Executive 
 Council, to constitute and erect within every 
 Township or Parish one or more Parsonages or 
 Rectories accordin" to the establishment of the 
 Church of England, and from time fo time to 
 -tidow such Parsonage or Rectory with Ijtndt 
 
 B 
 
«m<horiar,rd and requirf(J by that Act to be reserved 
 !t»r fh»! stippuil of a Proiealtini Clergy. 
 
 Sd. Resolved, Thai the power thus veatcd irtihe 
 nmisati administering the Government and the 
 *!xecolive Council o( thib pr^vinte not having 
 ^heeti f.vercised for a peiiod oi nearly half a cen- 
 tury, the inhubiiants oi the province had good 
 av«tK>n to believe that no allenipt would be made 
 "focHiry ii into effect, more especially when the 
 ^Provincial Legislature had been invited to legis- 
 late by the Imperial Government, in relation to 
 ■^he Reserves, from which all er.downents must 
 «eres6arily be made. 
 
 3<l. Resolved, That the late Lieutenant Gover- 
 ««r, uiih the advice of the Executive Council, 
 ■«*i«bUshed certain Rectories under the power so 
 inng Miflered, in deteiejice to the public feeling, 
 to rorriAin doitnant. 
 
 4tb. Resolved, That while this House musi 
 ««ifieqiiivocal!y condemn such a proceeding, under 
 tfa« peculiar* circumstances of the province, and 
 IMiiding the question as to the disposition ol the 
 'Ci«rgy Resertes, it regards as inviolable the rights 
 •t'<j»iired under the patents by which Rectories 
 fc«v« been endowed, and cannot, therefore, either 
 JrvMc or sniif tinn any inler/eience with the rights 
 •^bas established. 
 
 5ib. Resolved, That in the opinion of this 
 HiMse, the Hectors who have been, or who may 
 3be «6trtblished in this Province, lannot and ougbi 
 •not to exercise any Ecclesiastical or Spiritual 
 iwtwer or amhority whatever ever any portion of 
 ■the {>eople of this province other than the mem- 
 ■h^iB of their respective congregations. 
 
 6lh. Resolved, That as an impression ieems to 
 firevail that Rectors so established are entitled to 
 -♦fjoy and exercise general and exclusive Spiiilual 
 «rj<i Ecclc$i<isiical powers, and it is expedient to 
 remove all grounds of appreher)»ion on this head, 
 « humble A'Idiess he presented to His Majesty, 
 fif'tying, ill earnest ami strong, but respectlul 
 wrnij, that Hii Majesty vyill be graciously pleased 
 ««» convey to the Urlperial Parliament the anxious 
 citsire of this House, in behalf of the great body 
 <4' the i)i»<>ple of the Province, that as the Pro- 
 vsrtcial Parliament are restrained from legislating 
 on tfae subject, except under peculiar and embar 
 rassirtg circumstances, an Aci of the Imperiu 
 F«rli..tnent may be passed to declare, in plain and 
 explicit terms, ihat the establishment and endow 
 •aent of Rectoried iu this Province shall not bi 
 c«Mstraed to confer aiiy right to exerci«e any ec- 
 cksiastical or spiritual power whatever except 
 «f*r the members of the Chjrch of England. 
 
 This discussion, which lasted about ten hours, 
 ^ints conducted wiib great keenness, and every 
 'incli of ground was vigorously contested by the 
 JFiieads of " Justice to ail." 
 
 The Honourable George H. Markland. 
 
 The Honourable Joseph Well*. 
 To His Excellency Sir John Coiborne, K. C. B,, 
 
 Lieutenant Governor of the Province of Uppi-r 
 
 Canada, and Major General commanding Hisi 
 
 Mijesty's Forces therein, &c. &c. &c. , 
 
 May it please your Excellency, 
 
 Pursuant to the views of Lord Godorich, shown 
 by his Devpatch of the 5ih April, 1832, in which 
 he concurs with your Excellency, and expresses 
 his desire " (hat a moderate portion of land should 
 be assigned in each Township or Parish for en- 
 ouring the future comfort, if not the complete main- 
 tenance of the Rectors," the Council caused the 
 necessary steps to be taken for the purpose of 
 setting apiirl Lots in each Township tbioughoHt 
 the Province. 
 
 Much delay has been caused by their anxiety In 
 avuid interfering with persons who might have 
 acknovf ledged claims to any of the Reserves to be 
 selecteil either for Lease or Purchase. 
 
 A difficulty in completing what his Lordship 
 most appropriatfly calls "this salutary Work" 
 was also caused by the Crown Officers not con- 
 curring in the form lo be used in the instrument 
 by which the Endowment is lo be confirmed, 
 which left ihe Council to decide as to ibe mode to 
 be adopted for that purpose. 
 
 These obstacles have now been surmounted, 
 and it is respectfully recommended that no time 
 be lost in authorizing the Attorney General to 
 prepare the necessary instruments to secure to the 
 Incumbents named in the annexed Schedules, and 
 heir successors, the Lois of Land there enumer- 
 ated as having been respecively set apart for 
 Glebes. 
 
 All which is respectfully submitted. ' ' •" 
 (Signed) PETER ROBINSON, P. C. 
 
 (C.) 
 Return of Patents for Lands granted ac Erdow- 
 menis to the Church of England in the Province 
 of Upper Canada, under the authority of an order 
 in Council dated the 15ih day of January 1836; 
 ■showii g the Date of each Patent, the name of the 
 Minister presented to each Rectory, and the Lor, 
 Concessioii, number of Acres, and Township com- 
 posing the respective Endowments, as taken from 
 ihe Recoids in the Office of the Secretary and 
 Registrar of the i^rovince. [There are forty-four 
 entiies appended to this return.] 
 
 In addition lo the toiegoing, Patents were en- 
 :jrosse(l hi ihe same period in the Secretary's 
 office for the following l^ecldries, under the like 
 authority, but were stayed by His Majesty's 
 Atlorni^y General, and have noi since been com- 
 pleted. [Ther^ are ten entries appended to tfai« 
 retur/i.l 
 
 .- - ; -: (E.) ■ F^^^^ 
 
 A Schedule of patents completed in (he office 
 
 of he Secretary and Registrar of the province for 
 
 lard to certain Clergymen of the Church of Eng- 
 
 Peter Robinson, Prssiding land, in reiiirn for properly ceded by ibem to the 
 
 ^\'^t," jCrown for endowments to their respeciive Becto- 
 
 <Copy.) 'V 
 
 lixectitive Cm 'cil Chamber at Toronto, Friday 
 15th January 1^36. 
 Present. 
 The Honourable 
 Councillor. 
 
 1, 
 
 4i 
 
riet, specilying the different r.rders in Council a no 
 under whicb ili« tame were granted. [There art 
 six entries appended to this return. J , ..- , . 
 (F.) 
 
 A return of Property surrendered by certain 
 Clergymen of the Church of England and otheis ; 
 showing the value of said Property, and the landi 
 granted in lieu (hereof intended as endowments. 
 rThere are six entries appended to this lelurn.] 
 No. 3. ,. ... t > 
 
 (No. 51.) 
 Copy of a Despatch Irom Sir F. B. Head, K.C.II. 
 
 Lieutenant Governor of Upper Canada, to Loid 
 
 Glenelg. 
 
 Toronto, Upper Canada, 2d May, 1837 
 
 My Lord, — I have the honour to transmit to 
 your Lordship a Copy of an Address which hai 
 been presented to me by Mr. Hugh Scobie and Mi. 
 David Brodie, requesting me to tiansmit to youi 
 Lordship a Document, purporting to be, ** a Copy 
 of an Address to the King by the Assembly ol 
 Delegates in connexion with the Established 
 Church of Scotland, who met at Cobourg on the 
 14th April." 
 
 As the object of this Address is to prove, that 
 the Act of the Imperial Parliament, 31 Geo. III. 
 Cap 31, is an infringement of the rights of the pe- 
 titioners, I do not think it necessary to offer an) 
 observations to your Lordship on the subject. 
 1 have, &c. 
 (Signed) F. B. HEAD. 
 
 Enclosure referred to in No. 3. 
 
 (Copy.) 
 To His Excellency Sir Francis Bond Head, K. C, 
 
 H., Lieutenant Governor of the Provincu ol 
 
 Upper Canada, &c. &c. &e. 
 May it please your Excellency, 
 
 We beg leave most respectfully to present youi 
 Excellency a Copy of the Address lo His Majesty 
 of the Assembly of Delegates in connexion with 
 the Established Church of Scotland, who met at 
 Cobourg on the I4th instant, and pray that you 
 Excellency may be pleased to transmit the same to 
 the Right Honourable Lord Glenelg, Secretary foi 
 the Colonies ; and aUo, that you may be pleased 
 to recommend the same to His Majesty's favoura- 
 ble consideratidn. 
 
 And, as in duty bound, we shall ever pray. 
 (Signed) WALTER TELFER. 
 
 HUGH SCOBIE. 
 DAVID BRODIE. 
 Cj'jourg, April 17ih, 1837. - 
 
 (Copy.) 
 
 T6 the King's most Excellent Majesty. 
 May it please your Majesty. 
 
 We, your Majesty's most dutiful and loyal sub 
 jects, Delegates appointed to meet at Cobourg by 
 the Presbyterian Congregations in Canada, ir, 
 connexion with the Established Church of Scot- 
 land, to consider what measures, at the present 
 crisis, it might be most expedient to adopt, in 
 order to remove the spiritual disabilities undei 
 which we labour, beg leave, ia the aame of the 
 
 5 
 
 whole Members of our Church in Canada, most 
 humbly to approach your Majesty, and to exprtsa 
 our sincere attachment and Loyalty to your Ma* 
 jesiy's Royal Person and Government. 
 
 We beg leave most humbly to represe.nt to vwur 
 Majesty, that the Cbuiches of Scotland and Eng- 
 land were established by Acts of the Parliament 
 at the separate Kingdoms, and were confirmed oy 
 ihe Act of Union, whereby a " Communication of 
 all Rights, Privileges, and Advantages is secured 
 to the subjects of either Kingdom," and therefore 
 the Status of the Two Churches so established is 
 co-ordinate in the British Colonies. 
 
 With the utmost deference, we humbly slate to 
 your Majesty that the fundamental principles of 
 the Act of Union, which were guaranteed to us 
 with so much Jealousy by our Forefathers in peri- 
 lous Times, and which every tiue Scotsman must 
 always consider a birthright not to be infiinged 
 upon, cannot be in any way air<;cted by an Act of 
 the Imperial Parliament of Great Britain without 
 doing manifest injustice to your Majesty's dutiful 
 and loyal Scottish subjects. 
 
 The Act of the Imperial Parliament, 31 Geo. 3. 
 c. 31., appears to your Majesty's petitioners to be 
 an infiirgemnl upon 'heir rights, in so far as it 
 provides for the establishment and endowment of 
 Rectories in Canada and the presentation of In- 
 cumbents or Ministers of the Church of England 
 (hereto, with the powers thereby conferred on 
 them : and the recent Establishment and En- 
 dowment of Fifty-seven Rectories in this Province 
 is a further infringement upon their rights, in res- 
 pect that these Incumbents or Ministers are in- 
 vested with spiritual jarisdiction, not only over 
 your Majesty's dutiful and loyal subjects of the 
 sister Church, but also over all Denominations of 
 Christians within the hounds of their respective 
 Rectories. 
 
 Your Majesty's Petitioners anxiously hoped that 
 the authority which your Majesty was graciously 
 pleased to transmit to your late Representative, 
 Sir Jahn Colborne, in this Province, to refer the 
 settlement of the Disputes which had arisen in the 
 Colony respecting the Clergy Reserves to the local 
 Parliament, would have prevented your Majesty's 
 late Represent^ive from establishing and endowing 
 the Rectories above alluded to; and your Petition- 
 ers are unvtilling to assume that your Majesty 
 would have insttucied your Representative at 
 that time to establi!>h these Rectories; and we 
 most humbly assure your Majesty that that Act 
 has tended more than any other circumstance to 
 diminish the estimation of a large majority of 
 your Majesty's loyal subjects ot the equity and 
 wisdom of your Majesty's Govern|;neni in this 
 Province. 
 
 Your Petitioners therefore most humbly pray, 
 hat your Majesty may be graciously pleased to 
 listen to our Complaints, and to take them into 
 your Royal Consideration, and lo adopt such mea- 
 sures, in terms of the Act of the General Assembly 
 of the Church ol Scotland passed 1833, as will 
 constitute all Sexsions, Presbyteries and Synods 
 which now are or hereafter may be in connexion 
 
 .^l 
 
e 
 
 wHh Iht'Charch of Seot1an«! t-^ Cinadii, inlolofer all denoihinRtfoni of ChrirlUni within th«" 
 
 I 1 
 
 BodiM Corporate, to the tffeel of holding Land*, 
 Bttildinga, and other Properly for Eceletiaslical 
 and Educational purpose*, and at will give eflect 
 to the judgments and proceedings of our Ecclesi- 
 asticai Courts in matters sprilual, in the fame 
 manner as is done in Scotland ; and also such men 
 
 bounds of their respective Rectories. To shew 
 that this alleged grievance is not merely a theore- 
 tical evil, but a practical wrong, the petitioners 
 refer to the eilablishment of fiMy-seven Rectories 
 in January 1R36. They complain of this measure 
 as a departure from the pledge of the Crown to 
 
 ■tires aa will effectually remove the Disabijjlies of refer to the local Parliament the settlement of 
 
 the disputes which had arisen respectijis the Clergy 
 
 which we- complain, and place us on that Footing 
 to which br the Act of Union we are entitled, but 
 restrieting Doth the powers of our Clergy and alsc 
 of those of the sister Church to the members of 
 their own Congregations within this Province. 
 
 And, as in duty bound, Yuur Petitioners will 
 ever pray. 
 
 (Signtdby Twenty-six DcUgalcs.J 
 
 ''-■ ''-"^'- ■ ' nZ*. ■■"'' -^ 
 
 (No. 199.) 
 Copt of a Despatch from Lord Glekelo to Sit 
 F. B. Hkad, Bdrt., Lieutenant Governor ol 
 Upper Canada. 
 
 Downing Street, 6ih July, 1837 
 Sir, — I have received your despatch, dAted the2d 
 May last, No. 61, enclosing the topy of an addiess 
 to the King, by the assembly of Delegates, in con- 
 junction with the established church of Scotland, 
 and the copy of an address from the same parties 
 to yourself^ praying ynu to transmit to me the copy 
 of the address to the King, and to recommend the 
 same to His Majesty's favorable consideration 
 
 This address, a-o you have observed, asseiis that 
 the Constitutional Act of the Canadas of the year 
 1791 is an infringement of the rights of the peti- 
 tioners; you therefore think it needless to offci 
 any observations on the subject. ' entirely con 
 cur with you in thinidng, that, in the administra- 
 tion of the Government of the Province, neithei 
 Her Majesty's oontidenlial advisers nor you had 
 any proper concern with the question, whether the 
 Constitution of 1791 was wisely framed, or coii- 
 . sistent with the just pretensions of each of the three 
 Kingdoms now constituting the United Kingilom 
 of'Great Britain and Ireland. Il is sn/fieirnt for 
 us to know, thai tha British Legislainre have en- 
 acted that law, and that the Lei^islaluro of the 
 United Kingdom is nioiie capable to reppti! or to 
 amend jf. The duty of the Executive Govern- 
 ment is simply to execute its piovisions. In this^ 
 conclusion you have rested, and there also 
 should have been inclined to terminate the discus- 
 sion, if I bad not recently found cause to suppose 
 that the Act of 1791 has received an erroneous 
 
 Reserves, and declare themselves unwilling to as- 
 sume that the King would at that time have in- 
 structed Hfs Mojesty's representative to have 
 established those Rectories; they then declare that 
 this Act has tended more than any t>ther circum- 
 stance to diminish the estimation of the equity of 
 His Majesty's Government in the Province, and 
 as a reparation they call upon the King, in sub- 
 stance, to invest the Church of Scotland with 
 |K>wers co.extensive with those which are enjoyed 
 by the sister Church of England, but to restrict 
 the spiritual authority of both to their own pecu- 
 liar members. Without cxpiessing a decided 
 opinion aa to the nature and extent of the spiritual 
 jurisdiction which would accompany the creation 
 of any Rectories under the Act of 1791, I trust 
 that the follovs-ing explanation of the measures 
 which I have taken in the interval which ha* 
 elapsed since 1 received your despa'ch of the 17ih 
 December last. No, 101, upon the subject of the 
 fifty-seven Rectories created by an Act of your 
 immediate pret'ecessor in the Government, will 
 convince the petitioners of the Church ol Scotland 
 that they have to a certain 3xfent misapprehended 
 the Act of 1791, so far at least as that Statute may 
 be supposed to have authorized the establishment 
 of the Rectories in question. 
 
 You are aware that your Despatch of the 17th 
 December 1836, contained the first official inti- 
 mation which ever reaches .Be of the Rectories 
 having been either established or endowed. The 
 fact had been asseited in Parliament, but I was 
 not only officially uninformed, but really ignorant 
 thai it had occurred ; 1 therefore requf>sted you to 
 supply me wiih the necessary information, and 
 until it reached me in the month of Fcbruaiy last, 
 [ was entirely desliiutoof all aiiiheiilic intelligence 
 as to what had really been done. 
 
 You will not, I trust, even for a moment, sup- 
 pose that I refer in the spirit of cencuie or com- 
 plaint to the silence of the Previnciul Government 
 on this occasion ; it admits of an obvious e.Nplana- 
 tion. The creation and endowment of the Recto- 
 ries was almost the last Act ol Sir John Colborne's 
 Administration; and as at that time you were 
 
 construction from the petitioners, as well as from ictually on your way from New York to Toronto, 
 others of deservedly great authority in the Pro- your predecessor probably assumed that the pro- 
 vince. It is impoitant to rescue the Constitution ceeding would be reported by you, he having at 
 from a censure and a consequent unpopularity (o.last, as it may we|l be imagined, scarcely leisure 
 which it is not justly obnoxious, enough for the discharge of his many indispensible 
 
 The petitioners maintain that the Act of 1791 island urgent j)ublic duties. On the oljjer hand, it is 
 an infringement on their righiJ. because it provides'impossible net to respect the feelings which india 
 
 ■for the endowment of Rectories in Canada, and foi 
 the presentation of Ministers of the Church of 
 England as incumbents and because it invests 
 those incumbents • with spiritual jurisdiction 
 
 posed you to enter on the subject. Regretting the 
 measure itself as creating a now embarrassmei^t 
 ih your path, at that time beset by difficulties of 
 no ordinary kind, and naturally regarding it as 
 
*T 
 
 "irremediable, you preferred tn contend wilb this 
 obstacle silently rather than to avail yourself of i(, 
 either as an apology in (he event of failure, or a» 
 enhanrini; your o^'n nnerit in the event of success. 
 To thii generous solicitude for the credit of youi 
 imnnediate predecessor 1 have always attributed 
 your omission to report his proceedings with re 
 
 derlare their opinion to be, Ihnt the erection »nd 
 t'ndowment of the fifiy-seven Recloiiea by Sir J. 
 Cotborne are not valid and lawful Acts. 
 
 I confess myself to be much embarrassed by 
 this decision ; it imposes upon Her Majesty's Go- 
 vernment a duty which is f»r many reasrna ex- 
 ceedingly irks'ime. The demands of the members 
 
 gard to the Rectories ; and I fully admit, that Wktiijuf the Church of Scotland would forbid a silent 
 
 the opinion- which you entertamed, and could 
 scarcely have failed to entertain, as to the validity 
 of the Act itself, the motives for making it a sub 
 je.c*. of correspondence were but few and of no 
 great weight. 
 
 Although, for the reasons to be subspquentl) 
 stated, 1 am compellcd*io ihink that the creation 
 and endowm.'ni of ihe Rectories were noi lawful 
 or valid mcosures, yei it would be most foieign 
 to my real intenlijn if I should be supposed to cast 
 any doubt on the propriety of Sir John Colbo ne'* 
 conduct in reference to them. That distinguished 
 officer has givrn to many proofs of bis devoted 
 zeal for His iMajesiy 's service, and fox the good ol 
 the king's subjects, to permit the admission ol 
 even a surmise injurious to his public spirit or. 
 this or <iny other occasion ; and although I may 
 ditfer fiom him in opinion as to the expediency of 
 establishing the Rectories, tspeci^Hy at ihe mo- 
 ment chosen for that puipose, yel I am convinced 
 that Sir John Cotborne would as readily as any 
 man acknowlodge that opposite views of the pub- 
 lic interest, upon any particular question, may bf 
 entertained by men engaged in the same bianch 
 of His Majesty's service without di rogaling in the 
 slightest degree from iheir mutual esteem and 
 confidence. Indeed, in proportion to the slien^ih 
 of those feelings will usually be the fieedom with 
 which such opposite views are avowed and dis- 
 cussed. 
 
 On receiving your Despatch of the 17th Decem- 
 ber, it appeared to me very questionable whelhuM 
 any adequate legal authority existed for the crea- 
 tion or endowment of the Rectories. I did noi 
 indeed perceive any | ossible g.ound for disputing 
 the right of the Lieutenant Governor in Counci 
 to proceed to that measure, if previously sanction 
 ed by the King;; but on referring t.i the commis- 
 sions of Lords Aylmer and Gosford, to the general 
 instructions accompanying them, to the corres- 
 pondence between this department and the Pro 
 Tincial Government, a.id to the minutes of the 
 Executive Council of the !5th January, 1836, i' 
 appeared to me that no such sanction had evei 
 been given. The grounds of this opinion you wil 
 learn from the accompanying copy of the commu- 
 nication which I thought it necessary to address 
 to the King's Advocate and to the Attorney and 
 Solicitor General 
 
 The Law Officers of the Crown received that 
 reference on the 12th Aprili and reptuled to rn-^ 
 their answer on the 8 h ultimo. The delay is 
 readily accounted for by the great importance of 
 the question, and bv the anxiety of His Majesty^t^ 
 Legal Advisers to ofier no immature jiulgment on 
 such an occasion. 1 enclose lor your informcilioi, 
 a copy of their report. You will find that- they 
 
 acquiescence in what has been done, even if such 
 inaction were otherwise compatible with the obli' 
 gations of the cffice which I have the honour to 
 hold; yet I feel that by aclin^f on the advice o( 
 the Law Officers of the Crown in this instance'! 
 ^hall inevitably appear to be assuming an attitude 
 of oppoiiition to the interests of the Church of 
 Rlngland. I can, however, only pursue the straight 
 path which Uei before me; liutsiing that if I shall 
 not at first escape misconstruction, I shall ulti- 
 mately be acquitted by the parlies more immedi- 
 ately concerned of any failure in the afieotionand 
 .iiid veneration for the Chinch of England which 
 should characteiize every sinceie member of her 
 cocDmunion. 
 
 It is of course possible tbat the statement on 
 Wiliich the Law Oflicers of the Crown have found- 
 ed their opinion may be erroneous or defective, al- 
 i hough it is certain that the utmost care and labour 
 have been bestowed on the investigation of the 
 facia of the case. It is also posaible that Her Ma- 
 jesty's Lpgal Advisers may have misapprehended 
 the law, although it is tqniiily clear 'ttiat they have 
 bestowed their roost puiient and laborious atten- 
 tion on the questions proposed to them. But, ad- 
 verting to each of these possible sources of error, 
 my first solicitude is to ascertain whether any 
 )uch mistake has rejily occuired. You will there- 
 fore have the goodness to communicate a copy of 
 this Despatch to the Archdeacon of Toronto, who 
 will probably think it right to lay it before the 
 Bishop of Moniieal, who is now officiating as 
 Bishop of the Diocese of Quebec ; and you will in- 
 vite his Lordship and the Archdeacon to inform 
 you whether they are aware of any material fact 
 omitted in the case laid before the Crown Lawyers, 
 or inaccurately slated there, or of any important 
 argument which may be supposed to have escap- 
 ed the notice of those learned persons. If any 
 such error or oveisighl shall appear to you to have 
 been committed, you will suspend all further pro- 
 ceedings until you have reported on the case to 
 me, and shall have received my further instruc- 
 tions. 
 
 If no such error sh°:tll be pointed out by the 
 Bishop or the Archdeacon, or shall occur to your- 
 self, you will then consult with them as to the 
 method by which the question of law can bo 
 brought to an adjudication with the least delay, 
 inconvenience, and expense, and with the least 
 danger of placing the Local Government in the 
 invidious position of being engaged in an open 
 controversy with the Church of England in the 
 Province. I trust that some method will be found 
 of obtaining the judgment of the Court of Queen's 
 Bench in a form which will exclude the supposi- 
 tion of any unfiiendly feelin^^u either side. On 
 
8 
 
 tbia Mbjeet you will, of count, act under the 
 guidanctt ci' your legal adviaera. it matlera littla 
 what may be the ahape of the liiifntion, if it ahall 
 •void every aemblanca of hoaMlity, and aball be 
 ■uch aa to bring the queaiion of law fully to adju- 
 dication in aucb a manner aa m\\ enable either 
 party to bring the cause by appeal under the review 
 of the Judicial Connmillee of the Privy Council. 
 
 I have aaaunnrd that the Bishop nnd the Arch- 
 deacon would not think themselves at liberty to 
 surrender the rights, apparently vested in the 
 Church of England, in deference to the opinion ol 
 Her Majesty's leijal advisers, and withoit the 
 previous judgment of the proper legal tribunals, 
 must g»» further, and avow my opinion thatsuv'S a 
 surrender is neither to be asked nor desired. ){ei 
 Majeaty's Governnnent repose indeed in the law 
 officers the confidence to which their high profes; 
 aional reputation gives them so jus! a title; but 
 •m persuaded that it wonid be moresatisfaeiorv to 
 thoae learned persons themselves, as it would be 
 Air more agreeable (o me and my colleagues, that 
 claims of such peculiar delicacy and importance 
 should be decided, rmt on the rssponsibiliiy only 
 of the judgment of the Qieen'a Advocate and 'the 
 Attorney and Solicitor General, but on that of the 
 proper tribunals, after a full investigation of all 
 the facts of the ca>e, and of all the princirles sf 
 law bearing upon thorn. 
 
 On such subjects as the present, Ijttle advan'nge 
 is gained, whilt) mnch inconvenience is incurred 
 by concealment. The public at largt are so deep 
 ly interested in the result, that they are entitled to 
 know the progress of the discussion, when no posi- 
 tive injury can arise from the disclosure; you have 
 therefore my authority to communicate this Dea- 
 patch or any passages of it which you m<ty thi.ik 
 It not inconvenient to communicate lo the petition- 
 ers of the Church of Scotland, as the answer lo 
 their application. They will perceive that thfii 
 reques* for the grant of certain peculiar advan- 
 tages to their own church proceeds on an assump 
 tion, the accuracy of which is yei to be decided, — 
 the assumption, namely, that the Church of Eng- 
 land has acquired a valid and lawful title to the 
 endowments made in her fjvour in January, 1836. 
 and to the spiritual jurisdiction which is supposed 
 to be incident to those endowments. 
 I have, &c., 
 -Wi^tfr . (Signed) GLENELG. 
 
 First enclosure No. 4. ,.< •] 
 (Copy.) 
 
 Downing Street I2ih April, 18S7. 
 
 SiR,-The Statute 31 Geo. 3. c. 31. s. 38. enables his 
 M ajeaty to authorize the respective Governors ol 
 Lower Canada and of Upper Canada, with the 
 advice of the Executive Council, to constitute 
 within each Township or Parish o Parsonage or 
 Kectory according lo the Establishment of th^ 
 Church of England, and to endow every such P.'.i 
 sonage or Rectory with so much of the Clerg\ 
 Reserves as the Governor, with the vice of the 
 Council, shall judge to be expediem, under the 
 
 then existing cirrumstances of such Township off , 
 Parish. 
 
 Tbe Governor's Commission, dated the tflh of 
 July 1833, following in this respect the ancient 
 and eatablisbed form, aulhorizea the Governor, or 
 in his absence the Lieutenant Governor, with the 
 advise of the Executive Council, to erect Parson* 
 ages in each Township or Parish according to the 
 kstablishment of the Church of England, and to 
 endow any such Parsonage or Rectoiy with any 
 part of the Clergy Reserves, " subject neverthe- 
 less" (to quote the precise words ol the commis. 
 sion) " lo such Instiuctions touching the premises 
 as i>hall or may be given you by us under our 
 8i),net and sign menu Jf or by our order in our 
 Piivy Council, or through one of our principal Se- 
 cretaries of Stale." 
 
 Thus the authority which His Majesty was en- 
 abled by Parliament lo impart lo the Governor, 
 was, in fact, so imparled to him, subject to tbe 
 King's further instructions. 
 
 From the dale of ihe Statute 31st Geo. 3. until 
 the year 1835 the power of constituting and erect- 
 ing Parsonages or Rectories was never exercised 
 in Upper Canada ; but at the close of that year it 
 was called into exercise by the then Lieutenant 
 Governor Sir .John Colborne. The intention to 
 ado|>t this measure was not communicated by Sir 
 John Colborne t-^ His Majesty's Government, nor 
 was thn measure itself ever reported by that offi- 
 cer, having been taken immediately before his 
 resignation of the Government into the iiands of 
 his uuccessor Sir. Francis Head. The total num- 
 ber of Rectories ihus established appears to have 
 been fifty-seven. 
 
 Having recently received from Sir Francis Head 
 arepoiton the subject, enclosing the Minutesof 
 (he Executive Council of Upper Canada of the 
 Idtii January 1836, I enclose a copy of those 
 Minutes. You will perceive fiom them that tbe 
 Council founded their recommendation of this 
 measure on a despatch from Lord Goderich of the 
 .5th April 1832, from which they quote one pas- 
 sage. That passage, however, is not accurately 
 (iescribed. Lord Goderich is represented in tbe 
 Minutes us expressing his desire "that a mode- 
 rate poriion of land should be assigned to each 
 Township or Parish for ensuring the future com- 
 fort, if not the complete maintenance, of the Rec- 
 ■ors." On referring to the despatch itself it ap- 
 pears that it expressed his Lordship's opinion that 
 >he greatest benefit to Ihe Church of Englapl 
 would be derived from applying a portion at least 
 of the fifnds under the control of the Executive 
 Government •• in preparing, as far as may be 
 practicable, for pinfiiable occupation, that mo- 
 derate portif'n of land which you (Sir J. C.) 
 propose to assign in each Parish for increasing the 
 future comfort if not the complete maintenance of 
 the Rectors." The distinction between the Earl 
 of Ripon's language and the terms in which it is 
 hus quoted is important. It conveys no significa- 
 ion of his Majesty's pleasure, nor indeed any in- 
 struction, respecting the erection of Parsonages 
 and Rectories, nor even with regard to the grant 
 
 If ce 
 tin 
 m 
 en 
 Tl 
 Si 
 tb 
 J 
 
 c 
 
9 
 
 
 I Towiitfarp e* 
 
 led the «ib of 
 ct the ancient 
 > Governor, or 
 rnor, with the 
 
 erect Parson- 
 cording to ihe 
 
 gland, and to 
 
 toiy with any 
 
 ect nevenbe- 
 
 Ibe commis. 
 
 ihe pretniaes 
 ua under our 
 
 order in our 
 principal Se- 
 
 ijeKy waa en> 
 the Governor, 
 subject to the 
 
 ' Geo. 3. until 
 ng and erect- 
 ver exffcised 
 f that year it 
 n Lieutenant 
 
 intention to 
 licated by Sir 
 ernment, nor 
 
 by ihotoffi- 
 y before his 
 the hands of 
 e tolal num- 
 ears (o have 
 
 Francis Head 
 le Minutes of 
 inRdu of the 
 >py of those 
 ^em that the 
 lion of this 
 Jerich of the 
 lote one pas- 
 )t accurately 
 Rnted in the 
 hat a mode- 
 ned to each 
 future com- 
 of the Rec. 
 itself it ap, 
 opinion that 
 of EngJapl 
 tion at least 
 ! Executive 
 as may be 
 < that njo. 
 [Sir J. C.) 
 Teasing Ihe 
 olenance of 
 !n the Earl 
 which it is 
 significa- 
 ed any in- 
 Parsonages 
 5 the grant 
 
 «f.land for tha maintenance pf Ihe Clergy. The 
 ^tiain subject of the passage is the applTcstion o( 
 certain funds In preparing for proAtubleo cupa- 
 tion certain land*, and those lands are itidicaleo 
 merely by a passing reference to some intention 
 entertained ond announcpd by Sir John Colb^rnr. 
 The records of this office contain no despatch from 
 Sir J. Colborne in which any allusion is made to 
 tbe (ubiecl. It may therefore be inferred ihat Sir 
 J. Colborne's intentions were made known to 
 Jiord Ripon through some private and unofficial 
 channel. 
 
 The Council however appear to Ijave understood 
 Lord Rino^'s Expressions as such an intimation 
 of 'be Kmg's pleasure as would justify Ihe erection 
 and endowment of fifty-seven Rectories. Thai 
 the words were not designed by his Lordship to 
 be so understood may wiih some confidence be in 
 ferred from the following circumstance : — the Sta- 
 tute 31 Geo. 3. sec K6 to 40 enables the Provin 
 cial Legislature, on certain conditions, to repeal 
 so much of that Act as relates to the Clergy Re- 
 serves. On the Slst of November 183], that is. 
 six months before the date of the despatch to 
 which reference is made by the Executive Coun- 
 cil, Lord Ripon addrensed to Sir John Colborne a 
 despatch, in which the Provincial Legislature 
 were invited to exercise this power, and he ex- 
 
 Eressly recommended Ihat the repeal should em- 
 raceall the clauses in question, amongst which 
 are included those which relate to the erection 
 and endowment of Rectories. The despatch ol 
 the 5th of April 1832 was marked '* confidential ;" 
 and it would seem impossible that Lord Ripon 
 could have designed by such a communication to 
 convey to the LieutRnant Governor the King' 
 sanction for neutralizing to a considerable extent 
 the effect of thai repeal, which five months before 
 hia Lordship bad recommended in a public de 
 spatrh. 
 
 I enclose for your perusal copies of the two des 
 patches of the 21st November, 1831, and of the 
 Qth of April, 1832. 
 
 The questions which 1 would propose for youi 
 consideration are ihj following: 
 
 First. Adverting to the terms of the S a- 
 lute, 31 George 3rd, Chapter 31, section 
 36 to 40, and to the terms of the Royal 
 Corr mission, could the Lieutenant Governor, with 
 the advice of the Executive Council, lawfully con- 
 stitute and erect or endow any Parsonage or Rec- 
 tory within Ihe Province without the further signi- 
 fication of His Majesty's pleasure 1 
 
 Secondly. Can Lord Ripon's Despatch of 5th 
 April, 1832, be regarded as signifying His Maj^^s- 
 ty's pleasure for the erection of P.ir3(/i:ages or fo; 
 the endowment of them, or for either of those pur- 
 poses. 
 
 Thirdly, Are the erection and the endowment of 
 the filty-seven Rectories by Sir J. Colborne valid 
 and lawful acts 1 
 
 Fourthly, if the preceding qcestions be answer 
 ed in the affirmative, have the Rectors of the Pa- 
 « rishes so erected and endowed the same ecclesiasti 
 cal authority within their respective limHs as are 
 
 vested in Ihe Rector of a Parish in Englsntf, tm 
 within what other bounds ia tbst aulhtMity ita»> 
 iricledr 
 
 you will have the goodness to consider ibm*- 
 
 questions in coniultation with the King's Advo-^ 
 
 cate and Mr. Solicitor General, and re^xirt lo 
 
 your and their joint opinion upon them. 
 
 I have, &c., 
 
 (Signed) GLENELtt* 
 
 The Attorney General, ^c. &c. &c. 
 
 Second Enclosure in No. 4. 
 (Copy.) 
 
 Doctors Commons, 8lh June, 1837.: 
 
 My Lord, — We are honoured with your Loitt* 
 chip's letter of Ihe I2ih of April, stating that th» 
 -statute 31 Geo. 3, c. 31 lo38, enables His Mhie»l]r 
 10 authorize the respective Governors of Upper 
 Canada and of Lower Canada, with the advice oC^ 
 tha Executive Council, to constitute within encb. 
 Township or Parish a Parsonage or Rectory, ne-^ 
 cording to the establishment of the Chuich of F.u£>-. 
 litnd, and to endow every ;iich Parsonage Ok Ree- 
 lory with so much of the Clergy Reservts as tb»- 
 Governors, with the advice of tbe Council, slwll 
 judge to be expc'lient under the then exi&ling e:r- 
 cumstances of such Township or Parish. 
 
 That the Governor's Cuinmission, dated the (ilk 
 July, 1835, following in this respect the unciMlr 
 and established form, au'horizps iKe Govern«>r, cmt 
 in his absence the Lieutenant Governor, with lb* 
 advice of the Executive Council, to erect Parson- 
 ages in each Township or Parish according to tbfr 
 establishment of the Church of England, and t» 
 endow any such Parsoniige or Rectory with any 
 part of the Clergy Reserves, "subject neveiike- 
 less fquotingthe precise words ofibe Commis&i9B> 
 10 such instructions touching the premises as shall 
 or may be given you by us, under our Signet kdA 
 Sign Manual, or by our order in our Privy Coun- 
 cil, or through one of our Principal SecretaribS of 
 Slate." 
 
 Thus the authority which His Majoeiy was en- 
 abled by Parliament to impart to the Governor w«». 
 in fact so imparted to him, subject to the ICing's 
 further instructions. 
 
 That from the date of tie Stctute 31 Gen. 3, uff- 
 til the year 1835, the i er of consolidating aoA 
 erecting Parsonages or Rectories was never exer^ 
 cised in Upper Canada; but that at the close of 
 that y^ar il was called into exercise by Ihe th*». 
 Lieutenant Governor Sir John Colborne. That. 
 Ihe intention \o adopt this measure was not com-^ 
 municated by Sir John Colborne to His Maiesty'*. 
 Government, nor was the measure itsf If ever se- 
 ported by that officer, having been t»ken inrimeiiK 
 alely before his resignation of the Government iutfk 
 the bands of his successor, Sir F. Heud. 
 
 That the total number of Rectories thus ee4ft- 
 blisbed appears to have been filty-seven. 
 
 That having recently received from Sir F. HeaA 
 u report on the subject, enclosing the minutes ol: 
 the Executive Council of Upper Cunnda of latW 
 January, 1836, your Lordship encloses a copy of 
 those minutes. 
 
 ~rr.ij:!,.fr--3^-TTr- 
 
10 
 
 That we shall ^retive from them that the 
 Council raundeU tbeirrecom'melldationof thiamfa' 
 aarc nn a despatch from Lord Gbderfcfa of the 5lb 
 April, 1832, from which they q^pte one pwsage; 
 that passage, bowofer, is tint accurately describ- 
 ed. That Lord Goderich is repr«i^(ed in the 
 minuies as expressinc his desire " that a moderatt 
 
 Your Lordship encloses for our ptfruial CApiciof 
 (he iwo Despatches of the21*t of Novem))ier,^1881j. 
 and of the 5th April, 1833. ^ ^ ^a 
 
 The questions which your Lordship is pleaslNl 
 to propose for our consideration are the follow* 
 infj— 
 
 First. Adverting to the terms of the Statute 3Iat 
 
 portion of land should be assigned in such Town- Geo. 3, Cap. 31, Sec. 36 to 40, and to the terms of 
 ship or Pari«b for ensuring the future <^omfort ifthe Royal Commission, could the Lieutenant Gov- 
 not the eomforiable maintenance of the Rectors."lernor, with the advice of the Kxecutive Courtcil, 
 That, on referring to the despatch itself, it ap-'lawfully constitute and prect or endow any Par- 
 pears that it expressed his Lordship's opinion thBijsot age or Rectory within the Province without the 
 the greatest benefit to the Church of England furjher signification of His Majesty's pleasure 1 
 
 would be derived from applying a portion at least 
 ofthefxnds under the control of the Executive 
 Government " in preparing, as far as may be prac- 
 ticable for profitable occupation, that moderate 
 portion of land which you (Sir J.Culborne) propose 
 to assign in each Parish for increasing the future 
 comfort, if not the complete maintenance of the 
 Rectors." The distinction between the Earl ol 
 Ripoii's language and the terms in which it is thus 
 
 Secondly. Can Lord Ripon's Despatch of the 
 dth April, 1832, be regarded as signifying His 
 Majesty's pleanure for the erection of Parsohages, 
 or lor the endowment of them, or for either of 
 those purposes 1 
 
 Thirdly. Are the erections and endowment of 
 the fifty-seven Rectories by Sir J. Colborne .valid 
 and lawful Acts 1 
 
 Fourthly. If the preceding questions b^ answer- 
 
 quoted is inriportant. It conveys no sigtiificiitionjed in the affirmative, have the Rectors of the Pa 
 
 of His Majesty's pleasure, nor indeed any instru.^ 
 ticn respecting the erection of Parsonages and 
 Re<:iories, nor even with regard to the grant ol 
 land for the maintenance of the Clergy. The 
 main suhJHct of the passage is the application ot 
 certain funds in preparing fv profitable occupa- 
 tion certain lands, and those lands are indicated 
 merely by a {Massing reference to some intention 
 ent«itained and announced by Sir J. Colborne. 
 That the records of the ColoninI Oilice contain no 
 Despatch from Sir J. Colborne, in whith any allu- 
 sion i^ made to the subject. It n:7ay therefore be 
 inferred ihatSir J. Colborne's intentions were made 
 known to Lord Ripon through some piivate and 
 unofficial channel. 
 
 The Council, however, appear to have under 
 stood Lord Ripou's expression as such an intima 
 tion of the King's pleasure as would justify the 
 erection and endowment ol fifty-seven Rectories. 
 That the words were not designed by his Lordship 
 to be so understood m»y, with some confidence, be 
 interred from the following circumstances: — The 
 Statute 31, Geo. 3, s. 36 to 40, en.ibles the Provin 
 cial Legislature, on certain conditions, to repeal so 
 much of that Act as relates to the Clergy H'serves: 
 on the 2l8t of November, 1831, that is, six months 
 'before the date of the despatch to which referenci- 
 
 '^is made by the Executive Council, f^ord Ripon sd 
 
 '^'dressed to Sir J. OorBorni>, a despatch, in which 
 ' the Provincial Legislature were invited to exercise 
 
 ' this power, and he expressly recommended thai 
 the repeal should embrace a 1 the clauses in ques- 
 tion, amongst which are included those which 
 relate to the erection and endowment ot Rectories. 
 That the Despatch of the 5th of April, 1S33, 
 was marked " Confidential," and it would seem 
 impossible that Lord Ripon could hav^ designed 
 by such a communication to convey to the Lieu- 
 
 ■ tenant Governor the King's sanction for neutraliz 
 ing, tc a considerable extent, the effect of that re 
 
 ' peal which five months before his Lordship had 
 recommended in a public Despatch. 
 
 risbes so erected and endowed the same ecclesias. 
 lical authority within their re&pcctive limits as is 
 vested in the Rector of a Paiish in England, or 
 within what other bounds is that authority res- 
 tricted ? 
 
 And your Lordship is pleased to request that we 
 would consider these qup>«tions in consultation, and 
 report to your Loidsbip our joint opinion upon 
 them. 
 
 In obedience to your Lordship's commands we 
 have considered the several questions, and have 
 the honor to report that, adverting to the terms of 
 the Statute 31 Goo. 3. cap. 31. sec. 36. to 40., and 
 to the terms of the royal commission, we are of 
 opinion that the Lieutenant Governor, vrith the 
 advice of the 'Executive Council, could not lawful- 
 ly constitute and erect or endow any. Parsonage or 
 Rectory within the Province without the further 
 signification of Hii> Majesty's pleasure. 
 
 if'econdly. We are ut opinion that Lord Ripon's 
 despatch of the 5th April 1832 cannot be regarded 
 as signifying His Majesty's pleasure for the ervc- 
 'ion 01 Parsonages, or for the endowment of Ihetn, 
 or for either of those purposes. 
 
 Thirdly. We are of opinion that the erection 
 and the endowment of the fifty-seven Rectories by 
 Sir J. Colborne are not valid and lawful Acts, yf / 
 We have, kc. 
 
 
 [Signed] 
 
 The Lord Glenelg, 
 ^c. ice. &c. 
 
 J 
 J 
 R. 
 
 DODSON. 
 CAMPBELL. 
 M. ROLFE. 
 
 
 No. 6. 
 (No. 102.) 
 Copy of a Despatch from Sir F. B. Head, Bart., 
 Lieutenant Governor of Upper Canada, to 
 Lord Glenelg. 
 
 Toronto, I6ih September, 1887. 
 Mv Lord, — I hare the *-. nour to inform your 
 Lordship, that iu obedienc. 'i your Lo>dBj)ip.*ii> 
 
11 
 
 Ibe Sjatol« gj«t 
 to the terms of 
 ieutenant Oov- 
 cuiive Council, 
 iclow any Par- 
 ince without the 
 ''s pleanure 1 
 espalch of the 
 %ifnifyin|f His 
 ol Parsonages, 
 for either of 
 
 •ndowment of 
 Colborne voJid 
 
 onebeanswer- 
 ors of the Pa- 
 ame erclesias. 
 ve limits as is 
 1 England, or 
 authority res- 
 
 equest that we 
 
 risultation,and 
 
 or "lion upon 
 
 <^on)nnand8 we 
 on», and have 
 " the terma of 
 36. to 40., and 
 on, we are of 
 nor, with the 
 iW not Jnwful- 
 '. Parsonage or 
 ut the further 
 re. 
 
 Lord rlipon's 
 t be regarded 
 ' for the er»c- 
 it?nt of them, 
 
 the erection 
 Keclories by 
 'ulActs. 
 
 DSOPf. ■» 
 
 M'BELL. 
 
 ROLFE, 
 
 Eao, Barh, 
 Canada, lo 
 
 [eotnmands, at expressed to nne in your Despatch, 
 0. .199, dated 6th July, 1837, I immediately 
 lihmunicated a copy of (be said despatch to (he 
 Lrchdeacon of York, whose Report on the kubject 
 f the Rectories shall be transrililicd to your Lord 
 I ship as soon as I shall leceive it. In tjic mean- 
 while, however, I doem it advisable to forward to 
 your Lordship copies of the following documents, 
 which appear lo me to bear U|ion the case sub- 
 mitled by your Lordship for opinion to the King's 
 Advocate and to the Attorney land Solicitor Gene 
 ral : — 
 
 1. Copy of a Despatch from Lord Bathurst to 
 Mr. President Smilh, daled 2i d .\pril, 1818. 
 
 2. Copy of a Despatch from Lord Bathurst to 
 Mfljor Ge'ieral Sir Peregrine Maitland, dated 22nd 
 July, 1825. 
 
 3. Copy of a Report of the Honourable iht 
 Executive Council, on the subj'-ct of Parsonages 
 and Rertorics, to be constituted and erected i» 
 every Township or Parish within this Province, 
 according to the EsttaLlishment of the' Church ol 
 England, dated 21st Novembe', 1825. 
 
 I have, &p. 
 
 (Signed) F. B. HEAD. 
 
 vince, be vested in a corporate body, or continue, 
 iS at present, under the control of the Lieutenant 
 Governor a/id Exeqaiive Coiinril. 
 I have, &c 
 
 (Signed) BATHURST. 
 Mr. President Smith, 
 
 &c.,' &c., &c. 
 
 Second Enclosnre referred to U\ No. 5. 
 (Copy.) 
 
 Downing Street, 22nd July, 1825 
 Sir, — I have received His Majesty's commands 
 lo direct that you do from time to lime, with the 
 ndviceof the Executive Council for the affairs of 
 I he Province of Upper Canada, constitute and 
 erect within every Township or Parish wbtrh 
 now is or hereafter may be iormed, constituted, 
 >r erected within thr- said Province, orie or more 
 Parsonage or Rectoi'y or Parsonages or Rectories, 
 according to the establishment of the Church of 
 England; and that you do from time to time, by 
 an instrument under the Great Seal of the said 
 Province, endow every such Pi^rsonage or Rectory 
 with so much or such parts of the land so allotted 
 and appropriated as al'ortsaid in respect of any 
 lands within such Township or Paiish which 
 ihail have been granted 6ubsFqii'>ntly lo the com- 
 msncement of a certain Act of the Parlinment of 
 Great Britain, passed in '.he thirty-firai year of the 
 reign of His late Majesty King Geor^ the Third, 
 intituled "An Airt lo rejieai certain parts of an 
 Act passed in the fourteenth year of His iMajesty'a 
 reign, intituled ' An Act for making more eifeclual 
 provision for the Government of the Province of 
 '.Quebec in North America, and to make further 
 , n , . . - - -.L ,. iprovision for the Government of the said PrO' 
 
 and Recones. tnconformiiy with the provisionj|,j„^ ,„ or of such lands as may have been al- 
 contamed in the 31st Geo. 3. cap. 31. l^^^^ „„j approp.iated fnr the same purpose by 
 
 As I entirely concur with his Lordship in thejor in virtue of any instruction which ma" have 
 propriety of adopting a measure caloiilattd to give been given by His said late Majesty bafc 9 the 
 to the Protestant Church in the Canedas the sup-i^ornmencemcnt of the said Act, as you shall, 
 port which it was in the coniemphrtion of ihejwiih the advice of the said Executive Council, 
 Parliament of this country to afford to it, I have judge to be expedient under the existing circom- 
 nol failed to submit his Lordship's represenlation;8tajices of such Township or Parish, 
 to the Prince Rf'geni, and I have received His! 
 Royal Highness's commands to instruct you toi 
 
 Firot Enclosure referred to in No. 5. 
 
 (Copy.) . >!;:v;.(» 
 
 " Downing Sireet, 2iid April, 1818. 
 
 Sir, — The Bishop of Q'lt'bec has frequenti) 
 brought under my consideration the advantage.^ 
 which would result lo the interests of the Chuich 
 of England in the Province under your Govern 
 meni, from the legal estdblishment of Parishes 
 
 You shall also present lo every such Parsonage 
 . ,- , - , , . '!or Rectory an incumbent or minister of the 
 
 l"_'*'^^.^".•^*"'l!7J.!«fiT""n^^•'_'^..!"'^J^ of E.igland who .hall have been duly 
 
 o^ .-• - J^T'i" • "*^ Pa;'s''t>s in every_j„i„^j acccordin- lo the rites of the said church 
 Township wilhin the Province under jourGovern-L-,i ....,^i..f,«», i;^o" .., i:™,- =..»w „,o»„<.;oo ... 
 
 and erecting 
 
 hintheProvinceunderjourGovern-la„,,, I from ti^e lo lime such vacancies as 
 men ; and you will also take care that it be d.s- hippen therein, 
 
 tiucily understood that ihe constitution of Parishes' ' " r haw & 
 and Rectories can give no claim whatever to any ' „.*^* » *mrjTTi>oT 
 
 incumbent to receive tithes of the land within the (Signed) BATHURST. 
 
 limits of his Parish ; all claim of thai nature hav- Major General Sir Peregrine Maitland, K.(/.B. 
 
 ing been effrtc;ually annulled by the provision for' 
 
 the support of a Pi olestanl Clergy made in thej Third Enclosure referred to in No. 5. 
 
 3l8t of the King, and ly ih.» declaratory lawi (Copy.) 
 
 passed by the Legislature of the Pfovli.re in 1816. Exeoutiva Council Chamber at York, Monday, 
 
 The endowment of the sieveral Rectories with due 
 portions of the Clergy Reserves will be necessarily! 
 a matter of future consiileratiun, and until the 
 moie general settlement and cullivaiion of the 
 Province shall have taken place, I consider it ad-j 
 Tisable that the management of the several Re 
 serves should, as is the case in the Lower Pro*' 
 
 21st November, 1825. 
 Present : 
 The Honournblo "rTillinm Campbell, CTIiiof 
 
 Justice, Chaimmn. 
 The Honourable James Baby. 
 The Honourable and Reverend Doctor Jojin 
 ' ." Sti'achan. 
 
 ■■-^.^^wsmt-Mimfnf-' 
 
t ; 
 / 
 
 12 
 
 To nis Excellency Sir Peregrino liaitland, 
 JL C. !>., Lieutenant Governor of the Province 
 of Upper Canada, and Major Oeneral com- 
 manding His Majesty's Forces therein, <S:c. 
 Ae. Ac. 
 May '.X please Your Excellency, 
 
 The Executive Oouucil, having had under their 
 considoraiion the Despatch of tlie Right Honour 
 able Earl Bathurst, His Majesty's principal Se 
 -cretary of State for the Colonies, dated Downing 
 street, 22n'lJuly, 1825, directing your Excellency, 
 by His Majesty's commanfls, to constitute and 
 erect Irom time to time, with the advice of the 
 Executive Council for the affairs of the Province 
 of Upper Canada, within every township or 
 parish which now is or hereafter may be formed, 
 constituted, or erected within the said Province, 
 one or more Parsonage or Rectoiv, or Parsonages 
 or Rectories, according to the establishment of the 
 Church of England; and that your Excellency do 
 from time to time, by an instrument under the 
 Qreat Seal of the said Province, endow every 
 such Parsonage or Rectory with so much or suet 
 paits of the land so allotted and appropriated as 
 aforesaid, in respect of any lands within such 
 township or parish which shall have been granteil 
 subsequently to the commencement of aceitaii) 
 Act of the Parliament of Great Britain, passed in 
 the thivty^rst year of the Reign of His late Ma- 
 King George tlie Third, intituled, " An Ac 
 
 je3ty King' George the Third, intituled, " An Act 
 " to repeal certain parts of an Act passed in thi 
 " fourteenth year cf His Majesty's Reign, inti- 
 " tilled, 'An Act for making more effectual pro- 
 " ' vision for the Government cf the Province ol 
 " ' Quebec, in North America, and to make fur- 
 " ' ther provision for the Government of the said 
 " ' Province,' " or of such lands as may have been 
 allotted and appropriated for the same purpose, 
 by or in virtue of any instruction which may have 
 been given by His said late Majesty beforo the 
 eommeDcemcnt of the said Act, as your Excel- 
 lency shall, with the advice of the saiS Executive 
 Council, judge to be expedient under the existing 
 circumstances of such township or parish, — raosi 
 respectfully report: — 
 
 Thatthey are convinced of the propriety of divid- 
 ing the Province into parishes with as little delay 
 as possible, not only because it appears necessary 
 bewre the new system of land-granting goes intu 
 operation, which implies such division to have 
 previously taken place, but as giving a religious 
 character to the country ; but in carrying the 
 measure into effect, the townships not being of to 
 equal dimensions, though M too large for one ~ 
 palish, the Board find some difficulty in advising 
 into how many they ought to be divided. 
 
 On reference to the Surveyor General it isj 
 
 forming any such township into two parifthes by 
 a division ae convenient as circumstances will a4* J 
 mit, that three thousand thee hundred acres; 
 one-third of the appropriation, be attached as an' 
 endowment to the Parsonage of each from the 
 Rcservn appertaining or belonging to such parish ; 
 and a similar proportion be observed in town- 
 ships of other dimensions; that the lemaining 
 one-third, consisting of about three thousand two 
 hundred acres, be reserved in the possession of 
 th-» Corporation for general purposes, the same to 
 be sold when it shall be deemed for the interest 
 of the Church ; the proceeds of such sale to be 
 funded in the British Stocks, and the interest 
 only to be applied to the support of a Pro- 
 testant Clergy. 
 
 Tiint a general fund gradually av'^cumnlating as 
 sales of this one-third take place, '^ 111 be found 
 extremely convenient for the support of Clergy- 
 men in parish' s till their respective endowments 
 become available, and, likewise, to 8U)>pIy sala- 
 ries to the Clergymen established in such towns 
 and villages as may from time to time grow up 
 in different parts of the Province, and for which 
 'there is no particular provieion, aud, likewise, for 
 such dignitaries as the Church establishment may 
 be found to requite. 
 
 Si ch general disposable fund becomes further 
 necessary from this circumstance, that many 
 tojvnships were settled before 1791, and, the.e- 
 fore, contain no Reserves — othei.s, in which the 
 Reserves form a block in the middle, and cannot, 
 therefore, be productive for a longtime; conse- 
 jueiitly, the Ckrgymen of such must in the in- 
 terim bo supported out of the general fund. 
 
 That the endowment attached to each Parson- 
 age or parish shall remain with the Corporation 
 for the purpose of managing and leasing till as- 
 sumed by the incumbent as hereinafter provided ; 
 the proceeds, while under such management, 
 being paid into the geneir' fund. 
 
 That the two parishes into which any township 
 is divided, may be at first conferred upon tJie 
 same incumbent, who shall be required lo serve 
 at each once in every Sabbath, except where the 
 Ordinary may deem it expedient to order other- 
 wise. 
 
 That so soon as any CU-rgyman shn" prefer his 
 endowment to the salary allowed him by Govern- 
 ment out of the general fund arising from lands 
 sold or leased, it shall be permitted him to do so ; 
 and his salary in such case shall be transferred 
 ._ another parish. For example, suppose in 
 Cornwall, Brockville, or Kingston, etc., the whole 
 endowment, 6,600 acres, is divided into sixty-six 
 farms of 100 acies each, and that such farms let 
 for £5, they would produce a revenue of £330, 
 found that a numerous class of townships aielon which the incumbent would relinouish his 
 those of nine miles by twelve, containing about salary of £200 sterling, and take llie endowment 
 69,000 acres, ouc-scventh of which, or about] It is further humbly submitted, tl-at as soon as 
 9,800 acres, is the appropriation set apart for thejlho endowments of each of the parishes into 
 maintenance of a Protestant Clergy. which any township is divided become sufficient 
 
 Assuming only two pari.shes for each of theselto support a Clergyman^ one shall be appointed 
 townships, it is humbly submitted, that the ap-lto each at the request of the Ordinary, saving 
 propriation be divided into three parts, and, after the rights of the incumbent for the time being. 
 
T 
 
 13 
 
 In building Ohurches, referencfi, it is respect 
 loll/ conceived, should b« had to the probable 
 
 from your Lordship, signifying that the Latr 
 Officers of the Grown hare given an opinion that 
 
 lation of the parish, so that the number of the Acts of tlie late Lieutenant Qorernor Sir John 
 
 jws may be sufficient for its accommodation ; 
 »ut vacant pews, till required by the parishion- 
 lers, to. bo at the disposal of the Vestry, by 
 [leasing for the benefit of the Church. 
 I It is, also, respectfully recommended, that the 
 lincumbents of jtarishes be restricted in leasing to 
 I three livcK, or twenty-one years, the usual time in 
 I such cases 
 
 As it appears from the Despatch of Lord 6a- 
 [ thnrst, as well as from 3Ist of His late Majesty, 
 I that, besides one-seventh of the whole Ianu» 
 which by that Act has beeu set apart for the 
 I rnaiotenance of a Protestant Clergy, certain other 
 appropriations have, in some instances, been pre- 
 viously made by virtue of instructions from Hifrik' 
 
 - - - hcCi 
 
 said fate MajestT, a Return of these from the 
 Surveyor General, together with Iho lands appro- 
 priated for,each township or parish respectively, 
 will be found necessary to enable your PJxcelleiicy 
 in Council to point out the particular lots or pur 
 
 Colbornc, establishing Fifty-seven Rectories in 
 Upper Canada, against which the Presbyterian 
 bpdy of thin Province petitioned His late Majesty, 
 were not valid and lawful Acts, and farther, that 
 your Lordship instructed the Lieutenant lovernot 
 to the following effect : — " That your Lordship 
 feels it isj)OBsiLle that the statement on whicn 
 '■he Law Officers of the Crown n^ay have founded 
 their opinion may be .erroneous or defective, and 
 also tliat they may have misapprehended the 
 law, and that yrur Lordship has therefore di- 
 rected his Excellency to invite the Bishop of 
 Montreal and Archdeacon of York to inform his 
 Excellency whether they arc aware of any mate- 
 al fact omitted in the case laid before the 
 rown Lawyers, or inaccurately stated there, or 
 
 of any important argument which may be sup- 
 posed to have escaped the notice of those learned 
 persons, and that if any such error or oversight 
 
 ^ , .. J.... should appear to his Excellency to have been 
 
 eels of land which shall form the endowment of committed, his Excellency is directed by your 
 
 any Parsonage or Rectory 
 
 Should your Excellency be pleased to approve 
 of these suggestions, it is humbly submitted, that 
 Lord Bathurst's Despatch, with this Report, be 
 refeiTed to His Majesty's Attorney General, that 
 the nerepsary legal steps may be immediately 
 
 Lordship to suspend all further proceedings until 
 his Excellency shall have reported to your Lord- 
 ship on the case, and shall have received your 
 Lordship's further instructions." 
 
 Your memorialists not being aware jf the 
 reasons why an appeal for information should bo 
 
 taken for dividing the Province into parishes, andjmado to the Bishop of Montreal and the" Arch 
 
 constituting and erecting Parsonages or Recto- 
 ries, with tl-e endowments, as herein advised. 
 All which is most respectrully submitted. 
 (Signed) WILLIAM CAMPBELL, C. J. 
 
 No. 6. 
 XNo. 103.) 
 Cory of a Dicsi'atch from Sir F. B, Head, Bart. 
 Lieutenant Governor of Upper Canada, t( 
 Lord Glemelg. 
 
 Toronto, 16th September, 1837. 
 Mt LoRD.^At the request of the Synod of 
 Canada, in connection with the Church of Scot- 
 land, I have the honour to transmit to your 
 Lordship an Address from that body to the 
 Queen. 
 
 I am further requested to forward two Memo- 
 rials from the same body addressed to your Lord- 
 ship, having reference to the claim of that church 
 to a share of the revenue acciuing from the 
 Cleigy Reserves, and to the Rectories lately con- 
 stituted in this Province. 
 ^ '"' I have, <tc. 
 
 *" ■" (Signed) F. B. HEAD. 
 
 Enclosure in No. 6. 
 To the Ricrht HonouraMc Lord Glenelg, one of date, especially wlien 
 Her Mrjesty's Principal Secretaries of Slate, 
 the Memorial from the Synod of the Presby- 
 terian Church of Canada, in connexion with 
 the Church of Scotland. 
 Mt Lord, — Your memorialists in Synod assem- 
 bled have received through his Excellency Sir 
 Francis Bond Head au extract of a Despatch 
 
 deacon of York iii reference to the grounds en 
 wliich the local government acted in this instance, 
 especially as all these grounds must have been 
 in possession' of He.*' Majesty's Government at 
 the time the case av.is submitted to the Law 
 Officers of the Crown, yot since it has pleased 
 your Lordship to make such a reference, your 
 memorialists, whose rights are very materially 
 involved in the proper adjudication of this ques- 
 tion, respectfully crave that your Lordship may 
 bo pleased to put them in possession of all sucn 
 information as may t)e nccessarv to defeud the 
 members of the Church of Scotland in this Pro- 
 vince from the injury that may ariee from ex-parte 
 evidence. 
 
 Your memorialists are given to understand, 
 from high authority, that since the Despatch of 
 Lord Godcrich has been declared an insufficient 
 ground for the establishment of these Rectoric 
 ihat the abettors of the act will allege som^ 
 Despatch of Lord Bitluirst in 1825 as better 
 authority. Your memorialists crave your Lord- 
 ship's attention to the inconvenience and injustice 
 that may arise to Her Majesty's subjects m this 
 Colony from the Administrators of the local 
 Government acting on Despatches of very old 
 Dcspntches more recent 
 are in tiieir possession, and when the position of 
 colonial affairs which called fortli the former may 
 be entirely changed. 
 
 Finally, That as your memorialists are of opi- 
 nion that several of the clauses in the Act 
 31 Geo. 3, referring to the establishment of the 
 Church of England iu this Province with the 
 
I ■- 
 
 14 
 
 Bame pleriitade ef privileges sbo possesses injaa Archdeacoa of tbia portion of the l>ioceBeii, . 
 
 ' Kngland, are an infringement of the rights of the subject of this dcsspatcb apd its enclnsureei, i| 
 
 members of the Church of Scotknd in a Britisii order that I may state to his Lordnhip \rUetIu 
 
 Colony as secured by tlio Treaty of Union, your 
 memorialists respectfully crave ihat your Lord- 
 siup may be pleased tu advise the withholding 
 of the Roval Assent to this Act until the Presby- 
 terian body in this country shall have beeu fully 
 heard in their own defence. 
 
 Your memorialistp, Ac. '!. . 
 
 In name and by appointment of Synod, this 
 6th day of September, 1837. 
 - ;.,^,^ ALEX. GALE, Moderator, 
 
 '>*•; t<i 
 
 .i 
 
 ;■,>. 
 
 
 ^f^ 
 
 .. ^ No. 7. ,:;, ,,,, 
 
 (No. 244.) 
 Copt of a Despatch from Lord Glenelq to Sii 
 ^ F. B. Hk.\d, Bart., Lieutenant Governor, 
 ■ Upper Canada. 
 
 Downing S rect, 15th November, 1837. 
 * . Sir, — I have received your Despatch, ,No. 102, 
 .of the 16th September, informing mo of the stepi 
 *i which you had taken on the receipt of mv 
 f Despatch, No. 199, of the 6th July last, ancl 
 transmitting copies of several documents which 
 appeared to you to boar on the. case referred to 
 I abstain from expressing any further opinion on 
 this subject, until I shall have received the 
 Report to which yoH advert from the Archdeacon 
 of York. 
 , . - I have, ttc. 
 ;.. ,., ... .. (Signed) OLENELG 
 
 in tlie case whicit he hasaubmitted for the op 
 ion of the Law officers in England any fact 
 circumstance has been left unnoticed n'hich mid 
 havo influenced their decision. f 
 
 I an-i thankful for the opportunity thtiSAflbrdcdl 
 me of communicating oflicially the foUowineT 
 facts in vindication of the course, which liy 
 been pursued in this part of His Majesty's doipiBl 
 ions for affording in time a secure but a verji 
 moderate provision for a very «mivll number o| 
 the resident clergy of the Churcli of England. 
 
 The clear and express Enactments of the Stal 
 tute 31st Geo. 3d. Chap. 31., providing for tbJ 
 erection of Parishes in Upper Canada, could notj 
 for many years be acted upon in this ProrinceJ 
 because it contrnued^ almost a dense forest til] 
 after tlie American War of 1812. Few or nof 
 reserves were leased, and conseqnontlj there were! 
 no funds at the disposal of the Government ; thcT 
 few Clergymen of the Chuich of Englaiidl 
 then resident in the Colony wore supported aJ 
 Missionaries by annual salaries derived from the] 
 iJritish Government, and from the venerable! 
 society for the Propagation of the Gospel in Fori 
 eign parts. But though the situation of the CoJo-l 
 ny rendered it inexpedient, or rather impossiblej 
 to erect Parsonages and Rectories, the delay diill 
 'iiot arise from any doubt on the part of the ProT 
 vincial Government tliat full and sufKcient power! 
 was given to the Governor or Lieutenant Oovcrnorl 
 in Council by the Royal Corami.ssion, and the! 
 [nstruclions with which it was accompanied : had! 
 Bart., there been tlie sligJitost hesitation on this point! 
 
 No. 8. 
 (No. 113.) 
 
 Copy of a Despatch from Sir F. B. Head, _ -.., - „ — ^ 
 
 Lieutenant Governor of Upper Canada, to Lordjin Upper Canada, it would have been removed! 
 Glenelg. by the proceedings in the Sister Province. So! 
 
 Upper Canada, Toronto, 13th October 1837. 
 My Lord, — Having in compliance with your 
 Lordship's Directions furnished the Archdeacon 
 of York with a Copy of your Lordship'a Des 
 patch No. 199, on the subject of certain Kectonc; 
 establi.sh«d and endowed by Sir Jolin Colborno 
 previously to his leaving this Government, I have 
 now the honour of transmitting to your Lordship 
 the Archdeacon's Report thereon. 
 
 I have, <tc., 
 ror^;,';. (Sigued) F. B. HEAD 
 
 far back as June 1801, at the instance, 1 believe! 
 of the Lord Bishop of Quebec, steps were takenj 
 to os'ablisli Parishes and Rectories in Lower! 
 Canada ; and in like manner since the pence of! 
 1815 such proceedings have been from time to| 
 time had in this Province as seemed best calcu- 
 lated to cherish and gradually to build up thel 
 Church as a permanent ecclesiastical establish-' 
 'ment for the religious instruction of the inhabi- 
 itants according to the principles, rites, andl 
 ^ceremonies of the National Church of England. [ 
 
 i On the 9lh of March 1815 the Executive Coun- 
 
 Enclosure in No. 8. icil, under the administraiion of General SirGor- 
 
 Roport of the Archdeacon of York. jdon Drummond, in reporting'on the petition of thel 
 
 Toronto, Upper Canada, 12lh October 1837. i Reverend John Strachan for remuneration fori 
 
 Sir,— 1 have the honour to acknowledge your'monles expended on the Parsonage Houso ofl 
 
 letter of the 11th ult., transmitting to me byjCornwall for the residence of the Minister of the] 
 
 Desire of His Excellency the Lieutenant Gover-lchurch of England, recommended " that when- 
 
 nor, a cony of a De.^patch of the Right Honoura-jever a church is erected and a minister appointed! 
 
 ble Lord Glenelg, Her Majesty's Secretary ofjto reside in any Township, the Wardens may be! 
 
 State for the Colonies, dated the 6th day of Julyjauthorized to erect a Painonage House by antici-j 
 
 last, respecting the establishment of certain Rec-jpating the produce of the Clergy Reserves in the I 
 
 tories in this Province, and the endowing them; Township, by a loan of a sura not exceeding lourl 
 
 with Lands for the support of the resident cler-ihundred pounds, the principal and interest ofl 
 
 gymen. which Loan shall be paid by &uch person as maj j 
 
 I perceive that his Lordship has-been pleased be charged with the receipt of the Clergy Reeerve! 
 
 to direct that a reference should be made to me rents within the Township as they fnay become! 
 
 
1ft 
 
 [active. That the ehenre on Inturacce andjwould be oasj to eoraplete the endowuent irith' 
 
 jnarj tenant's repairs sball be defrayed by 
 J Inconnbent, and all other repairs by such 
 Bans us the building." 
 Jie Report in Council suggesting this principle 
 future guidance in building and erecting 
 UrSonaM Houses ^va8 transmitted to the Kiglil 
 onDUttmH Lord Bathurst, Principal Secretary 
 State,' 'for the opprobatiuu of His Royal 
 Khnesa the Prince Regent To this an answer 
 1 returned by Lord Bathurst, dated the lOtli 
 etcher 1815 : — " The claim of the Reverend 
 octor Straihan, the present Minifeter of York 
 from the Report of the Council to be 
 erving of consideration, and you will therefore 
 sider yourself authorised to make the payment 
 liich they have recommended." 
 8 the flind arising from the rents of Cler^ 
 Brves under lease accun^ulated very slowly, 
 ^plication was made to His Majesty'b Govcrn- 
 Icntbythe first Bishop of Quebec, soliciting 
 |at the clergy in a corporate capj city might 
 entiusted with tho power of leasing; 
 id accordingly the Corporation for managing 
 lo Clergy Reserves in Lower Cai ada was estab- 
 lished by an instrument under the Great Seal 
 'that Province in 1816, which instrument had 
 originally draughted in that Colony by the 
 ft\r OflScers of the Crown. This draught was 
 i to the Secretary of State for the Colonics, 
 ord Bathurst, for the approval of the King" 
 overnment, and it was returned with the 
 Inction of Government and an order to Sir 
 bhn Sherbrooke to cause Letters Patent of 
 ^corporation to be issued in the terms of the 
 taught. A similar Instrument at the instance 
 
 due portions of the Olebes and Clergy ReseiriB 
 when the Bishop should think proper, to proceed 
 to institution. This gradual mode of establishinf; 
 the Church, though necessarily slow from the 
 smnllness of the funds, was neveithcless follow- 
 ing by degi'ees the increasing settlement and cul-^ 
 tivation or the ProviLCO, and meeting, in as far 
 as the Government was cblo, its growing itanta 
 for religious instruction. Upper Canada even in 
 1818 was still in comparison a wilderness; and 
 therefore no measure of a general character, con- 
 stituting and erecting Townships (many without 
 any inuabitants) into Parishes and Rectories, 
 would have been found beneficial. Moreover it 
 could not be ferescen where the population would 
 most rapidly congregate ; it was therefore thought 
 most useful ancLadvitable to husband the scanty 
 fiids, and reserve tliem for applications from 
 populous TownBhips and places as they offered, 
 and decide upon the amount of assistance to be 
 given according to their particular merits. In 
 this way Parsonage Houses were built, or partly 
 so, at Cornwall, Brockville, Bath, Cobourg and An- 
 
 caster, and promises made to many other places 
 so soon as the growing funds arising from leasoB 
 would permit. 
 
 Had not their limited means prevented the Pro- ' 
 vincial Government from proceeding to any great 
 extent with the commands of His Royal Highness 
 the Prince Regent, communicated in this instruc- 
 tion, the question of tithes at this time raised till 
 finally set at rest would have dictated the same 
 course of proceeding. It was considered by the 
 Government of this Province, that under the com- ' 
 
 prehenslve words of the 39th Section of the Sta- 
 tlie Bishop ' 7as recommended by the Execii-itute the regularly inducted Rector of any Parish 
 e Council of this Province on the 20th «r Rectory created in pujsnancc of His P.oyal 
 tober 1818, and was made Patent under the Highness' instructions might claim to bo entitled 
 eat Seal of Upper Canada on the 30th of April to titlie.?, notwithstanding the evident intention 
 
 8l9. Since that pe.iod greater facilities have 
 ben afforded to the issue of leases, and their 
 imber has in coiiseqtience rapidly increased. 
 I About tho same time the.Lord Bishop of Quebec 
 M earnestly pressed upon the consideralion of 
 in Majesty's Government tho expediency of 
 Ividing the Provinces into Parishes ; and it ap 
 }ars, in consequcnco of Jus Lordsliip's applica- 
 Dn, an inntniction from tho Secretary of State 
 as transmitted by Mr. President Smith, then 
 Iministering the Government, dated the 2(1 day 
 'April 1818, conveying the autliority of His 
 oyal Highness the Pr'-^co Regent for erecting 
 tirishcs and Rectoviefl ill con form ily to the Sta- 
 Ite 3l8t Geo. 3. Chap. 31. Ssct. 38. 
 [The principle already adoptd in this Province 
 ' building i'arsnnage Houses appeared so much 
 accordance with .he spirit of tl'.is instruction 
 fit the Colonial Government wds encouraged to 
 occed as fast as the small means at their dis 
 ksal allowed, in the hope of at least furnishing 
 [no distant period comfortable places of resi 
 ice for the Missionaries then in the Province. 
 1 small Parcels of Land were attached to each 
 
 if the Statute that the Clergy of the eslablished 
 Church should receive their support from the 
 produce of the Ch^rgy Reserves. 
 
 It was not apprehended that ft claim to lithtjs' 
 would in fact be preferred by any Rector so in- 
 ducted ; but it was possible, and to prevent em- 
 barrassment and alarm it was thought prudent 
 not to ju'ocecd to tho full extent of the Royal In- 
 structions vhich hr,d been tra)-.siiiitted u'ltil an 
 Act should be passed by tlie Coloi^ial Leoislature 
 ' ' ing th(it no right of tithes should ensue 
 upon the Induction iuto any Benefice in this 
 Province, 
 
 A short Act was passed by both Houses of the 
 Lcgislafnro of tho Colony, declaring "that no 
 tithes shnidd be claimed, demanded, or received 
 by any Ecclesiastical ParEon, Rector, or Vicar of 
 the Protestant Church within the Province, any 
 Law, Custom, or usage to tlie contrary notwith- 
 standing." In this enactment, which the writer 
 of this letter had the pleasure of bringing forward, 
 the Friends of the Church of England fully con- 
 curred, for they never desired to retain anything 
 more tlmn they were entitled to by the most 
 
 i 
 
 .'N 
 
 \i' 
 
 lonage on its erection, it was believed that il|obviou8 construction of a solemn Act of the Bri- 
 
w 
 
 ,< 
 
 I 
 
 \ , 
 
 M 
 
 ii 
 
 ) ; 
 
 i( 
 
 .. V 
 
 i: 
 
 ( 
 
 tiah rarlirment Thifl Act, hewg necesMrilv 
 reNrved for the assent of Hia Majesty, failed 
 eren though noticed in tha Royal lustruction, to 
 receive the ria(]^uiaite attention in Eneland until 
 the limited period of two years had empsed, and 
 it could not therefore becoice a Law. 
 
 In the year 1821 a similar Bill was passed,^ o^ 
 tfbiclk apopy accompaftiea this Letter, and whicli 
 in conformity with the provisions of the forty - 
 second Section of 31st Qeo. 3. Chap 31., received 
 the sanction of His Majesty and tho Imperial Par- 
 liament, and was proclaimed on the 20th Febru- 
 ary 1823. 
 
 It was this effort to renounce, on the part of 
 the National Clnirch, any thing which could rea- 
 sonably seem invidious in the provision made by 
 law for her support that gave occasion to tho dis- 
 cussion of a question of which I may truly say- 
 
 that it was started with no hope of the results t^Tliis plan was for some t-'>ie under consideration, 
 which it has been unexpectedly suffered to leaq. because a difference of «>pinion was entertained 
 
 church in this profinca upon a footing whickl 
 could alone secure it against the recurrenfce o(] 
 similar danger, by transmitting through his Sec- 
 retary of State for the colonies, tho lata Earl I 
 Bathurst, a formal inatrument, plain and une*I 
 quivocal in its terms, and which expres8l|: con< 
 veya in the words of the statute the requisitt* 
 authority fur establishing Rectories attd Par- 
 Mnagea in Upper Canada, and endowing them i 
 with lands, in the discretion of the Qovemor and| 
 Council. 
 
 This instruction had no limitationslike the onel 
 transmitted to President Smith, but was in everyl 
 respect full and complete. It was officially laidl 
 before the Executive Council of tho time, soon I 
 ifter its receipt in November, 1825, and thel 
 Council prepared and submitted a proposition fori 
 erecting and endowing Rectories and ParsonagQ&l 
 
 Before it can be ultimately disposed of it will 
 be necessary that the sense of Parliament should 
 be pronounced upon the Arguments to be de- 
 duced from history, from the principles of the 
 Constitution, from the plain words of the statute, 
 from numerous other nets of the British Parlia- 
 ment, and from a series of public acts in England 
 and the colony, in which the impressions of thi- 
 Government can bo very easily and satisfactorily 
 traced. I shall say no more now on this subject 
 than that if tho Church of Scotland had a right 
 to be regarded under the act of union as estab- 
 lished anywhere out of Scotland, it was a right 
 of which the people of Scotland, of England, 
 and of the colonies were all equally ignorant 
 until it was discovered in Upper Canada, one 
 hundred and ten years after the act of union ; and 
 that if it was really intended by the British Par- 
 liament when the 31st Qeo. 3, chap. 31, was 
 passed to comprehend the Clergy of the Church 
 of Scotland within the provisions of that statute 
 it was an intention of which the British Govern- 
 ment, the Church of Scotland, and her clergy and 
 adherents in and out of this Province wore evi- 
 dently unconsciouH for thirty years aftor the 
 statute passed. Of this there is in my opinion 
 satisfactory proof, both negative ana positive. 
 
 In 1824 and 1825 His Majesty's Government 
 had entered into a contract with a Joint Stock 
 
 vn its details ; there was a doubt as to the proper I 
 extent of the parishes, and the portion of landtl 
 which it would be expedient to annex to eachi 
 It was found that the fut.ds, though increasing,! 
 were still inadequate to build any number ofl 
 Parsonage houses at the same time, and there wail 
 ^ome reluctance to constitute and erect a greati 
 number of Parishes, and annex portions of wildl 
 lands yielding no profit, without at the sanqe timel 
 bringing them partly into cultivation and buikt-f 
 ing residences for the clergy. There was also al 
 reluctance to adopt any temporary or partial ar-f 
 rangement, while hesitation was felt to act deci- 1 
 sivoly and make a general appropriation of thel 
 Clergy Reserves by dividing the whole proTinoe| 
 into Parishes and endowing each with a suffi- 
 cient portion of land, while the question had beeol 
 brought under tho consideration of Parliament I 
 and tna Ooverament in England. These yariouel 
 points were made still more perplexing by th«j 
 passing of 7 and 8 Geo. 4, chap. 62, authorizing I 
 the sale of part of the Clergy Reserres, as it di-i 
 reeled the monies arising from the sales to be I 
 placed in the British funds, and so removed them I 
 from the more immediate control of the Colonial! 
 Government. Moreover these sales frequently in-f 
 eluded Reserves under lease, by which naeans tbej 
 proceeds arising from rents were in some degre«| 
 diminished. These difTicuUies may well account! 
 
 Company for selling to them a large portion of. for th? delay during the shoit remainder of Sir 
 the waste lands of the Crown at a cheap rate, Peregrine Maitland's Administration ; they likt- 
 and upon terms of payment very advantageousjwise furnished sufficient motives for inducing Sir 
 to the Conipany. About 2,000,000 of Acres ofjjohn Colborne to take time for consideration. Ini 
 the Clergy Reserves were to be included in this the meanwhile aid continued to be given as b«' 
 
 contract. But tho clergy of the Church of Eng- 
 land in this province very earnestly appealed to 
 His Majesty's Governn'ent against this improvi 
 dent alienation, and happily their appeal was uot 
 made in vain 
 
 fore towards the erection of Parsonage houses atj 
 Toronto, Port Hope, Woodrtock, London, LongI 
 Point, ^c, as tho funds allowed. The clergjl 
 were not urgent, and did nut press any general 
 plan, reposing in the faith of Government, whiehj 
 
 The Reserves were excluded from the sale, and,they saw was doing all in its power; th^y wa"2<l! 
 by agreement with tho Canada Company a block in tranquillity, fully assured that tho interests ofj 
 
 ' the church would not be loot sight of, and tlutl 
 
 07 - 
 
 of the other waste lands of the Crown was trans 
 
 ferred in their stead. 
 
 And further His Majesty was graciously pleased 
 
 when the proper time arrived a general meaaurt! 
 for constituting and erecting Parsonages and Ree-F 
 
 to manifest hia d«sire to place tho (Stablisbed tories would bo adopted, or aa a«)on aa maani 
 
17 
 
 voro at the dwpoeal of tbe proper authorilies toltiallj exeeutod before Sir Joho Colborn«,bad th(i 
 make it efficient. J4lighte«t. intimation of an iutcniiou to Buperecis 
 
 Thus matters continued for wrae length of time ;|him in ai« Govornwent. 
 but during tlie latter part of Sir John Colbonie't' Wbe-.i thi^ intimation did arrive, His Exceliuiity 
 
 Ailminintration llie propriety of turning the lands 
 
 tosoijfte account for the support of the clergy on- 
 
 '"^ gaged tlie consideration of the Secretary of State, 
 
 as app^rs from the copim of despatches whicl 
 
 cartai'ily mai,iifestod an uneoiiiTocnl anxiety to 
 lose no time in completing what had .been much 
 more than begun, and dirt hasten iLtM Boucb as 
 wa.? in his power. 
 
 accompany my Lord Glonelg's correspondence His motives for this were probably, in the fir^t 
 »ith Hiff Excellency the Lieutenant Governor place, not to leave to the power of chanco ^vhat 
 Indeed some such course now became absolutely. be felt it to bo his duty to secure, and in the next 
 necessary, for His MajestyV Government hud by|place to avoid the appearance of leavinyj to his 
 ila late armngoments m sunoe degree withcl. v/ii successor ihc performance of an Act which he 
 from a most meritorious diss of tiie miiiistorf) of niighl imagine would with some injure his popu- 
 tbe Church that scanty support which thej hadjlaiity. 
 
 enjoyed, and wliich they had liftle reason to ex-j However this may be, I have no doubt that the 
 ])ect would ever have been denied them. It was measure in qiie.stion is precisely that Act of Lieu- 
 tliorefore but a natural sentiment of justice which|tenant General Colborne's 'administration of 
 impelled Lord Goderich. to enjoin up>uSir JohnJpi'hich tlic remembrance will ever be most satis- 
 Colborne the reparation of this loss, by f;cciiring]faclory to him as a man and a Christian, 
 in a permanent manner a small fraction of thati With respect to what I find has been said by 
 provision which an act of the Brilisii Parliament ihe friends of tl>e Cluircli of Scotland in regard 
 nad assured to them for tlieir support. Moreoverjto the ecclesiastical jtiri.sdicl.ion over other sects 
 the result of the uegociations since nntered intojwhicli the endowment of these Rectories has con- 
 by the Secretary of State for thj Colonies wilh|ferrcd upon the Church of England, it is not easy 
 the society for the propagation of the Gospelto understand how any nuniDcr of persona re- 
 in foreign parts bcingonty of a temporary nature,! -liding in tlie country could prevail upon them- 
 and implynig the discontinuance of any 8alario;| selves to express ai.y serious apprehensions ou 
 to the iucccssors of the present incumbents, tht|ihat score. 
 
 Colonial Government was obliged 'vithout^elayi Parishes have been for many years erected 
 tt take such measures as might enable it in some! within the Province of Lower Canada under the 
 degree to meet this alarming contingency. They -amc Act of Parliament, and in the other Colo- 
 were also pressed to take active steps in tliis be- nies of British North America, in tlic West In- 
 half by the clergy corpt)ration, as appears froml'iia islands, and in New SoutJi Wales. Thes« 
 tlic minutes of its proceedings on the 9th Feb-i Rectories which arc now complained of have 
 ruary 1835, on which occasion the late Lort.jijeen established noaily two years, and the ex 
 
 liishop presided, 
 
 There was no necessity for considering Lord 
 Ooderich's letter an aothority or instruction, in 
 accordance with the requirement of the 38th sec- 
 tion of 31 George 3. chap. 31. ; it is rather to be 
 deemed an injunction or friendly admonition no 
 longer to postpone under any circumstances doing 
 something towards the permanent establishmeni 
 of the Church. To have sent additional authorit} 
 would have been superfluous, as the Royal instruc- 
 tions already mentioned were and still are more 
 than sufficient to enable his E.\cellency the Lieu- 
 tenant Governor in Council to constitute and erect 
 Paisunages and Rectories with competent En- 
 dowments tI)roughout the Province, instead of the 
 vory small number to which they have been un- 
 fortunately limited. 
 
 I would not presume to offer any further ex- 
 planation of the delay which occurred in carrying 
 tlic injunction into effect, because Sir John Col- 
 borhe is in the Country and may be easily referred 
 to. 
 
 perience of the past, and the ob.servatIon of the 
 present, must have equally shown that no person 
 of any other religious commuiiity has the slight- 
 est reason to suppose that his civil or religious 
 liberty, his person, or his property, will bo in any 
 manner interfered with in consoijuence of these 
 Rectories or endowments. It is m fine notorious 
 that the rights of marriage, baptism, and sepul- 
 ture, are, by the laws of the Province, common to 
 the teachers of all other Christian deiiorainalions 
 with the Clergy of the Church of i^ngland, 
 
 Whatever, therefore, may have been elated, it 
 is very certain t;jat no such apprehension is, or 
 can, have been feU. 
 
 With respect to the land annexed as an endow- 
 ment, it is, in aln.ost every instance, an insigniti- 
 cant fraction of those Reserves to wliith the 
 Church of England in this Province has a clain 
 which ought to be regarded as sacred. 
 
 In value it is so small as to be diiefly accept- 
 able to supply tire wood, and in most cases being 
 wild and totally uncultivated, it will yield nothing 
 
 I know, however, that the measure of consti- without incurring a considerable expense > e^'on 
 tuting these Rectories was no sudden Resolution the very best of the endowments yield a very 
 but on the contrary it was along time in progress; tiifling emolument, and will not for a long time 
 that it was retarded by varying' opinions upon,ra!).ke"up for the fifteen per cent, recently de- 
 soi.ie points of detail, as well as by the difficulties ducted from the narrow sfilarv of the incuhibentu 
 already noticed ; but that nevertheless much pro- Indeed those endowments, looking to futurity, 
 gress was made io it» and it was id fact suUstan- when tUo country is populous and well cuitivuted. 
 
 ■'»' 
 
uttfifij an ndemiato provision for tn« ■usteiiane« 
 of «n educated Minister o( the Ooiipel, onH ought 
 not, therefore, to liave rouSed tlie joalouny of anj 
 body of Christians. • It must be further Dome in 
 mibd, that the greater mttnber of these endow- 
 menta consist of JandH which have beuii in tht 
 posaoflsiou of the several incumbents by licence 
 of oeonpation from their fii'st eettlement in the 
 ralsBion v^ithout notice or complaint, and that the 
 only difference now in a greater security of title. 
 I- do not know that the establishment of the 
 Rectories has called forth the language of coin- 
 plaiot from any religious community except from 
 the Church of Scotlatid, of whose members it js 
 rotnarkablo that their iltiberal and intemperate 
 hostility to the Cliurch 
 ■vine* appears to have 
 
 
 
 
 18 
 
 MPD iMirfFeely be antieipat«<l in anv inatftnce t* Uis execution of a power gircn by the Eing in 
 
 --'-'-■ * * — ' •- '- 't "^xact conformity to ita enactroeiita ; it cannot* 
 
 iherefore, be destroyed to gratify the uncharitable 
 feeling of any person or party, and nothing can 
 .loprive the Clergy of the Church of iiingland in 
 this Province of tho rights tittis secured to them 
 but the over-ruling power of the same LogisWiure 
 which conferred tliem. I need not say that an 
 Apt of Parliament which should have that for ita 
 object would be such an Act as never yet han 
 dishonoured tlio supreme Council flf the Empire. 
 I observo that the lette, of my Lord Glenelg 
 suggests tho possibility, tliough it by nq means 
 expresses an expcctnticn or desire, that I may be 
 found willing to surrender or to concur in sur- 
 
 _,_ , rendering voluntnrily the endowments. which the 
 
 of England in tliis Pro-JKing has annexed to the severnl Rectories. Hap- 
 _j^^ .. .^ .Constantly increased inipihr the provident caution of Parlisment.l.as not 
 
 Eroportion to the unjust aggtossiona which thoy||nKced it in the power of any individual to be the 
 ave made upon her riglits, and the countenance instrument of so much i'ljustice ; it is not in my 
 
 discietioii to make any surrender of the llnd ; if 
 it were, I believe it would not be necessary to a«- 
 sure any one who is personally acquainted with 
 :ne that I would as readily surrender my life. 
 
 I have laboured earnestly for nearly forty 
 years, through good report and bad report, in 
 promoting the peace and hnppiness of this Pro- 
 vince, and it.? attachment to the Parent State ; 
 during more than thirty-four years of thpt ] criod 
 1 have been zoalouKly, and, I trust, succesfsfully, 
 employed in promoting the cause of true religion, 
 and in the discharge of tho sacred duties of a 
 Olcrgymnn, and have uniformly acted towards all 
 other Christian denominations with a Christian 
 spirit, wTiicIi the respectable portion of them will 
 readily acknowledge. T am now approaching 
 the evening of my life, and asBuredly I shell 
 never incur the reproach of having sacrificed any 
 portion of tlio interests of the Church to which 1 
 have the happiness to belong, in the wild hope 
 of conciliatiTjg her enemies, or from the cnlpabJo 
 
 which these aggressions have unexpectedly re- 
 ceived. 
 
 Even the House of Assembly, after much dis- 
 cussion. occa.«ioned chiefly by tho five or ni^ 
 incm)\»>fs belonging to the Church of ScotIaii(i 
 ^ who. have seals, passed tho following resolutiou 
 by a majority of thirteen : "That this House ro- 
 gat-ds as inviolable the rights acquired under tlu 
 patents by which Rectories liavo been endowed, 
 and cannot therefore cither irivitc or sanction any 
 interference with . the rights thus established." 
 It is true otlior resolutions werepa&sed disapprov- 
 ing of their establishment ; but to call in question 
 the patents by which they were constituted and 
 erected would have been, as many of the speak- 
 ers wisely averred, to disturb and nsettle tlie 
 titles to property throughout the whole Province. 
 In recapitulation I beg to state, Ist. TJiat how- 
 ever 6en5;ible I am of the consideration of His 
 Majesty's Government in making the reference 
 which occasions this letter, I cannot but regrci 
 
 that before snb.mitting to tlie Crown Officers ordosire of avaidin^ the unpopularity which it 
 Engla/id a statement of a case which has led ta'secms to bo feared must attach -to those who 
 their expressing an opinion aguin.st tho k-'jal va- fairly maintain the religion of our Sovereign and 
 lidity of tlic Act which has been called in qncs- of tho Biiti.sh Empire. 
 
 tjon, the same inquiry was not n.'adc which it Iia,s I have not failed to notice that from the tenor 
 been thcn<;fht just ar.d prudent to institute bofcirc^of my Lord Glenelg's despatch it is U> be infer 
 
 their oj>inion should bo acted upon. 
 
 2ud, That the case stated for the opinion cf the 
 Ciown 0;Tlccis must have conveyed to then 
 clearly the impression, that from the year 1791 to 
 the time of creating tlicse Rectories, no authority 
 had boon conveyed from dis Majesty thrcnigh liifc 
 Secretary of State such as the .'Joth clause of the 
 Statute 31st George- ,1, chap. 33, requires; llial 
 their opinion is founded upon this impression, and 
 rests, therefore, upon tlio supposed non-existenci 
 of nn instrument, two of wliich of dilferent date? 
 are now before me, and sre rccoitled in the pro- 
 ceedings of the Executive Council of this Pro- 
 vince. 
 
 3rd. That this provision made for the rci^iding 
 Clergy of the EstabliKljcd Church, partial and i.o- 
 Bufficieni; as it unfortunately is, stands upon the 
 cxprcES provisions of an Act of Parliament and 
 
 red that tho petitioners in the name of the Clmrcli 
 of Scotland have claimed for their Cliurch tie 
 liglit to be treated in this part of tho Qiicen*3 
 dominions 'ipnn a f(H)ting of perfect equality with 
 the united Church of England and Ireland. 
 
 Ii is not credible that any number uf enlight- 
 ened nieiubers of the Church of Scotland can 
 linvc imposed so far on their own judgment as to 
 believe thiit it was reserved for two or three la^-^ 
 men in the Lcgi.-jlature of a remote Colony to dis- ' 
 or vcrriglits and relations resulting from tho Act of 
 Union winch had escaped consideration and no- 
 tice in nil parts of the Hritish dominions during 
 fnore than a century. Tliey cannot but be aware 
 that the Act of Union did but protect the rights 
 and privileges of the Church ol^ Scotland within 
 the Kingdom of Scotland in express words, while 
 in language as" express, it guarded all the righta 
 
i. 
 
 19 
 
 and privijegofl of tbe 'National Chuich of the Km- 
 piro 111 every other partfof the British donainioiis. 
 They must-j beyond all question, know and feci 
 tiidi the claim which Ihey have originated in 
 lUppir Cuuida, to constitute of riglit a second 
 1 Chinch ostablishniont in a British Colony, is a 
 iKivel pretension, at variance with the principles 
 l,t'th^ Constitution, and not to 'oe reconciled to 
 the t'reqiientiy .declared sense of ,yavtlianient from 
 tliu lima of the Union to the present moment, to 
 jtlicActsof the Government both in the Mother 
 rouiitry and in tlic Colonies.or to the understanJir.g 
 hvliich has iiniversaily prevailed on this point in 
 Iflll parts ol the Empire ; and there can be as lit- 
 Itle question that they must have been exceeding- 
 liy surprised at the facility with which they have 
 l.been allowed to advance step by step in preten- 
 tions, unsupported by the Constitution, by histii- 
 jy, by law, or by reason, but which, when they 
 arc carried to their full extent, must tend to "ro- 
 iluco confusion and to ungottle the Ecclesinslical 
 [condition of the Empire. 
 
 Tlie error will bo perceived when it is too late 
 Ito remedy it; and it will bo found that the well 
 [tistabiishcd princijjlea of the Constitution have 
 Ihcoii deserted for the purpose of pursuing what 
 I will torn out to be any thing but a wise or popu- 
 |lar lause. 
 
 ■ I have, <fec. 
 (Signed) JOHN STRACHAN, D.D. LL.D 
 |Johu Joseph, Esq. Archdeacon of York, 
 
 , ,., ■ Upper Canada. 
 
 (No. 1.) 
 [Attorney General's Report respecting; the er,ecting 
 
 of Protestant Parishes 
 iTo His Excellency Sir Robert Shore Miines, Bart., 
 Lieutenant Governor of the Province o/ Lower 
 Canada. 
 
 I have been honoured with your Excellency's 
 
 'ommands, requiring my opinion "on the legal 
 
 pourse to be taken for erecting syrh Protesiam 
 
 Parishes as are mentioned in a report of a Com- 
 
 Imittee of the whole Coimcil upon Ecclesiastical 
 
 lAffdirs, dated the 7ih June last, as well as foi 
 
 establishing a Parsonage or Eccesiaslicai Benefice 
 
 each Parish respectively." 
 
 The Committee in their Report have stated to 
 
 y^our Excellency, "That from the papers accom- 
 
 or KcclMiattical Benefice in # auh u( lucb f%p 
 rishes." 
 
 The general question, therefore, which arjiea 
 out of the report is this ; what is the legal course 
 i» be taken lor the Eccli-iiaglical Division o( the 
 HroteslanI See ol Quebec inio parishes, and for the 
 erection of Reclorifs thejein according lo the es- 
 tablibhmenlol the Chur:h of England." 
 
 The points which the Que:;tian involves are 
 mpnrtunt, and although I have ultimately satisfied 
 my own mind upon them, yet 1 submit my opin- 
 ion to your Excellency's consideration with great 
 difiideMce. 
 
 By the 31st Geo. III. Chnp. 31. it is enacted, 
 "Thiit It shall and may be lawlul lor HisMiijesty, 
 His Heirs and Successors, to aulhoiize ihe gov- 
 ernor or person administering the GoverntiitiH^ 
 wilh the advice of the Executive Council, to ton* 
 stiiule an<l erect within every Township or Parish 
 which now is or may be heiealter formed, con«ti- 
 luted, or erected, one or mine I'drsonage or Rec- 
 tory or Parsonages or Rectories, according to the 
 establishment of the Church of England." 
 
 The Statute and Governor's Commissimi ite » 
 obviated every difficuliy wilh respect (o the esiuh- 
 lishment o( Rectoiies, but the legal course to be 
 taken for the previous erection of Parishes admit» 
 of more discussion. 
 
 On the threshold of this inquiry we meet with 
 what, 1 believe, may be termed a noveliy in Ju- 
 risprudence, lur we are under the necessity of 
 admiliing that there art» by Law Two descriptions 
 of Parishes in Canada, to wit, Paiishes with 
 respect to the Church of England, and parishes 
 wilh respect to the Church of Rome; for if we 
 have recourse to the Law of England as it regard^ 
 ihe Church of England (which is the Established 
 Church of Canad.',) we lind Ihat Parishes are ec- 
 clesiastical and necessary divisions cf every Bish- 
 opric, and Iherelore the Report hau staled "the 
 Formation of Proiestant Paiishes"" to be a prelimi- 
 nary .equisiie to the erection of Rectories. On the 
 other hand, alihougb the Church t,f Enjjland be 
 the Established Church »| Canaila, yet by ihe 
 Fil'lh Section of the Act 14lh Geo. IIL Chap. 83. it 
 is declared, " Thai His iMiijesiy's Roman Catholic 
 subjects may holjl and enjoy the free exercise of 
 the Religion of the C'hunh of Rome, and that Ihe 
 Clergy of the Church of Rome may hold, leceive 
 and enjoy their accustomed Dues and Righis," by 
 
 guying the ordrr of relerence they conrejve thatjwhich means the division of the Province into 
 our Excellency does not expect them to entei Parishes with respect to the Chuirh of Rome has 
 nlo the detail ol a general system, but to suggestlbecome equally necessary, for without this division 
 he most advisable means of forming such estab-|" the Dues and Righis of the Clergy" can never 
 ishment as from the aggregate of the Protestanl:be legally ascertained, either with respect to the 
 opulation in different parts of the Province andjPersons fropn whom, or the Priests by whom, they 
 he present supply of Minister? pf the Church tojare claimed. 
 
 uperintend them may be found practicable." j The Report (admitting two descriptions of Pa- 
 
 And to attain this desirable object, they humbly risjies) has staled the necessity of '^ co-extensive 
 
 pprehend that the two prelinjfnary requisites are and identical Boundaries," and as much civil 
 
 rst, '^ the forming of such a Number of Proles- matter may be hereafter engrafted upon parishes. 
 
 lant Parishes as,, from tlie number of Protestant 
 Inhabitants .dwelling in the Vicinity, shall be 
 
 Ihoosht ex'^ed'"'' 
 
 ^r»f1l^r 
 
 although ecclesiastical divisions of the Province, 
 this necessity is very apparent ; but to ensure iden- 
 
 f a ParfQnageitical Boundaries it is equally necessary that pa; 
 
sp 
 
 •l t 
 
 I 
 
 rUbea relative to ^^^ Churches ihould be erected 
 bj authority common to both. 
 
 Your P^xcellency'i rererence baa required my 
 ' opinion upon the lefjal course to be taken for the 
 erection of Protestant Parishes only, and to these 
 therffore I confine myself; and, in my apprehen* 
 sion these may be in Oanoda legally erected by 
 the sole authoiity of His Majesty. 
 
 According to the Law of England, which is the 
 law of the Established Church of England, a 
 Parish is defined to be *' that Circuit of Ground 
 which is committed to the charge of one Parson oi 
 Vicar or other Minister having Cure of Souls 
 therein," and is declared to be not a civil but an 
 ecclesiastical division. 
 
 By Letters Patent (under the Great Sfeal ol 
 Great Britain, dated the 13ih day of August in 
 the Year 1787, lHis Mnjesly was pleased to ereci 
 the Province ot Nova Scotia into a Bishop's See. 
 and to gram unio the Bishop of iVova Scotia full 
 power to exercise Jurisdiction, Spiritual and Ec- 
 clesiastical, in the then Province of Quebec, sinci' 
 <)ividt;(l into the Provinces of Upper and Lower 
 Cinaila; and afterwards, by other letters patent 
 under tiiM Great Seal of Great Britain, dated the 
 28ih day of June 1793, His Majesty was furthei 
 pleased to revoke so much of the letters patent by 
 which the Bishopric of .Nova Scotia was erected 
 as reht«;d to the Province of Quebec, and in like 
 manner to erect the Provinces of Upper and Lower 
 Canada and their dependencies into a Bishop's See 
 to be called from thenceforth the Bi8hu|)ric ol 
 Qiiebec. Thus His Majesty, by his sole authority 
 has made an ecclesiastical division of his North 
 American Dominions into Two Dioceses ; and thai 
 he had a right so to do has been declared by the 
 Parliament of Great Britain in the Fortieth Sfction 
 of the Statute Stst Gen. III. Chap. 31., which sub- 
 jects the Incumbents of Rectories in Upper and 
 Lower Canada " to the Jurisdiction and authority 
 Jawlully itranted to the Bishop of Nova Scotia by 
 His Majesty's Royal Letters Patent, or which 
 might thereafter by His Majesty's Royal Authori- 
 ty be lawfully granted or appointed to be admin- 
 istered within tho said Provinces or either of thern 
 respectively by the same Bishop of Nova Scotia, or 
 by any other person or persons " 
 
 ralActaot fan^ament in reierence to civil mat- 
 ters, particularly the maintenance aniiaettlem*fit| 
 of the Poor. 
 
 Fbe division of the dioceses of England into I 
 parishes cannot be ascribed lu anyone Act, nor 
 indeed to any one sin^lu Hi(e. The most ordinary 
 method, however of auKiinenting the number ol 
 Parish Churches depended on the piety of the I 
 Thanes orGre i]|Lords, who, having large feesandl 
 territories in tfhecountiy, founded churches for the I 
 service of their families and tenants within thcirl 
 iominions. It was this gave a primary title tol 
 the patronage of laymen, and made the oounds oil 
 a parish cummtnsurate with the extent of u| 
 manor. 
 
 It may be doubted whether in England His Ma- 
 jesty possessed the right of erecting |)arishes when I 
 ihey were noticed by Acts of Parliament in relei- 
 ence to civil matters, and when the creation ol a 
 parifih subjected the inhabitants to assessment] 
 and other impositions lor various civil purposes, 
 but before this was the case it appears ceruui: 
 ihat Ills Majesty, as supreme Loid, had the riyli'l 
 of founding a Ctiurch in any extra-parochial placej 
 and of erecting it, or any part of it, into sr Parish. 
 
 I infer this from an ancient record of the case| 
 of the Prior of Carlisle and Bishop of Carlisle, de- 
 cidtd in the eighteenth year of the Reign of Kil- 
 ward the First, in which it was determined th.itl 
 ih' Tithes of Lands v\'ithin a forest which is oiill 
 of any Paiish belong to the Kin", for the follovv-[ 
 ing reason assigned, which has leference to HisI 
 Majesty: — " Quia inforesia pruedicta villas edi- 
 Jiciue ecclesiaa const) uere ten as assartare ct ccle- 
 •iia.i illas cum dcciims terrarumillarum pro ro/»ii-j 
 tate sua cuicumque voluerit confer re potest eo quodl 
 foresta ilia non est infra limiles alicvjus parochiue. 
 
 To found a church fwhich of itself implies the! 
 ri^;hts of Tithes. Marriage, Baptism, and Sepullurel 
 w thin certain fixed limits,) and to assign to thati 
 Cluirch a certain Territory charged with the pay- 1 
 m^nt of Tithes for its support, was the efleciualf 
 erection of a parish ; and it His Majesty at any tinicj 
 previous to the Conquest possessed the right oil 
 electing a Parish in an extra-parochial place, 
 
 humbly conceive he must yet possess it with resi 
 pect to this Province (whatever the Law of En^l 
 Upon the general principles, and according tr-iland may be) for 1 know of no Law extended tol 
 the Law Maxim «' non debet cui plus licet quodjCanadaH)y which the exercise of this prerogative| 
 minus est non licere," that power which wassuf- has been limited. 
 
 ficient for the greater ecclesiastical division of a jj ^ay. however, be supposed, since all Forest?! 
 Country into Two Dioceses by th«. erection of ^ere parts of the King's Do.tiain, that the KirJ 
 
 Two Bishoprics must also be sufficient for the 
 lesser ecclesiastical division of the same dioceses 
 by the erection of parishes, for Bishoprics and i)a- 
 rishes were equally ecclesiastical divisions, and 
 the latter of lar infeiior consequence 
 
 Ttie Kingdom of England, in reference to civil 
 matters, was orginally divided into Vills and Pa- 
 
 had ihe right of erecting a Forest or part of a Fori 
 flst into a Parish, because he there possessed ihtl 
 right of founding a Parish in common with ihel 
 Thanes, each of whom held the same power in In J 
 own manor. But even in this view of the decisionr 
 and rejecting the only reason assigned for it in the 
 record, viz: "quod foresta ilia non est infri 
 
 rishes, which were, as above stated, divisions oVilyilimites alicujus parochite," the case yet cleai 
 in reference to ecclesiastical affairs. The commoniwarrants this construction, "that His Majes 
 Law even took no notice of them, insomuch that a held in common with his superior vassals the! 
 •tine was not admitted of Lands in a Parish. But right of founding Churches on his Own domainl 
 in process of time parishes were noticed by seve- and that whereon he possessed the right of found- 
 
 A^ 
 
 atmt 
 
21 
 
 Ciorch thtrt he might law/\tlly ertate a erflctad by the * Authority of the Popt, whose 
 
 power Ihe Church of EnglanrJ can in no way re 
 
 Par «/»." 'And cilice by the thirly-f^ijjhth Mciiori 
 n( the Act 3l«t, Cieo. 3, chap. 31, His Majesty, 
 with the advice of hia Executive Council, may 
 IniiiiH a Church arcording lo the establishment of 
 itie Church of Eiicrlnnd in any part of Canada, il 
 JmIIows, even upun thia principle, that in any part 
 o( Canada with the same advice he may create a 
 Proipatani rarish, A Parson or Rertor. According 
 lo lue establishment of the Church of England, is 
 " one that hath (nil possession of all the rights of 
 « Parish Church;" and a Parsonatje or Rectory 
 '• consists of ihe glebe, tithes and oblations which 
 are established for the support' of a Parson oi 
 Rector," or, in other words, for the support of an 
 Incumbent of a Parochial Churrh. There cannot 
 therefore be a Rectory or Parsonage, nor a Parson 
 or Rector of a Ciiurch, that is not "parochial," 
 and there cannot be a Parochial Church without fl 
 Parish ; and, consequently, whoever possesses the 
 power of convening an extra-pa:ochial place 
 into a Parsonage or Rectory, and of creating a 
 I'arson or Rector to enj'iy it, must also necessarily 
 possess Ihe incidental right of erecting that extra- 
 parochial place into a Parish; for without that 
 there can be no such power, the previous erection 
 ')f such extrn-parochial place into a Parish being 
 indispensably necessary for the establishment of 
 the Rectory, — the very means by which it must 
 be created. 
 
 By the thirty-eighth section of the Act 31st, 
 Geo. 3, chap. 31, His Majosty is empowered " to 
 constitute and erect within every Township or 
 Parish which then existed or which thereafter 
 might be formed, coii«tiliiled, or erected within 
 the province, one or more Parsonage or Rectory, 
 or Parsonages or Recforips, according to the estab 
 lishment of the Church of England." 
 
 His Majesty, therefore, by this section is pos- 
 sessed of the power of converting any Township 
 in Canada into a Par,sonage or Rectory, and by 
 the thirty-ninth section of the same Act of crea- 
 ting a Parson or Rector to hold it, and since every 
 Township is extra-parochial he nrust necessarily 
 also for the reasons above assigned possess the 
 identical right of erecting any Township in Canada 
 into a Protestant Parish. 
 
 With respect aUo to the Roman Catholic 
 Parishes which existed at the time of passing Ihe 
 above Act of 3!, Geo. 3, which itideed weie the 
 only Parishefl then in existence, the reasoning ap- 
 plies, all of them, in reference to the Church of 
 England ai^d to the Protestant See of Quebec, 
 being equally extra-parochial. For as Parishes 
 in England are Ecclesiastical Divisions of Dio- 
 ceses according lo the establishment of Ihe Church 
 of England, so Protestant Parishes in Canada must 
 be the Ecclesiastical Divisions of Ihe Protestant 
 See of Quebec according lo the same establish- 
 ment ; and this Ihe Roman Catholic Parishes 
 which existed at the time ol passing the above 
 Act of 31, Geo. 3, cannot be, because they were 
 created and existed long before the erection of the 
 Protestant See of Quebec, and consequently with- 
 out any reference to it, and because they were 
 
 cognise. And aucb being ihe case the repo'rt of 
 »he -Council has stated to your Excellency that ia 
 all instances wherever a Protestant Rectory is to 
 be established it will be necessary previously lo 
 create a Proiesiant Parish, even in the Roman 
 Catholic Parishes of Quebec, Montreal, Three 
 Rivers, and William H<"nry, with co-exfeniive or 
 raihur identical boundaries, although thn«e ^ai ishea 
 have existed as such since the year 1722. 
 
 Since, therefore. His Majesty by the above-cited 
 sections of Ihe Act of the 31si, Geo. 3, chap. 31. is 
 possessed also of the power of converting any.Ro> 
 man Catholic Parish which existed at the time of 
 passing that Act (and now have been since 
 elected.) into a Protestant Rectory, and to create 
 a Rector to Iveld il, and since every such Parish, 
 with respect to the Church of England and the 
 Protestant See of Quebec, is extra-parochial, he 
 must also, for Ihe reasons above assigned, neces- 
 sarily possess the identical right of erecting any 
 Roman Catholic Parish now existing in Canada 
 into a Protestant Parish and Eciesiatticai Divi. 
 sion of Ihe Protestant See of Qijehec, according to 
 the establishment of the Church of I-lngland. 
 
 I shall add, that in strict conformity to the 
 principles wbi(?h I have had the honour ol submit- 
 ting: 10 your Excellency's consideration, His 
 Majesty, by His Royal Commission, has been 
 pleased of his sole authority to authorise and em- 
 power the Governor, Lieutenant Governor, or 
 person administering the Government of this pro. 
 vince, with the advice of the Executive Council, 
 lo form, constitute, and erect either Townships or 
 Parishes within the province, and within every 
 Township or Parish lo constitute and erect one or 
 more Parsonage or Rectory, or Parsonages or Rec- 
 tories, according to the establishmentof the Church 
 ol England. 
 
 For the reasons I have detailed, I am of opinion 
 that in your Excellency is vested the power of 
 erecting, with Ihe advice of His Majesty's Execu- 
 tive Council, such Protestant Parishes as are men- 
 tioned in the report referred, and that the leaal 
 course to be taken for the Ecclesiastical Division 
 of the See of Quebec into Parishes, and for the 
 erection of Parsonages or Rectories therein, ac- 
 cording to the establishment of the Church of 
 England, is by letters patent under the great seal 
 of this Province. 
 
 (Signed) J. SEWELL, 
 
 Attorney General. 
 Quebec, 6th June, 1801. 
 
 * (No. 2.) 
 
 Province of Lower Canada. 
 RicHiwoND, Lenox, and Aubigny. (l.s.) 
 
 George the Third, by the Grace of God of the 
 United Kingdom of Great Britain and Ireland 
 
 * The division was in the first instance made by Eccle- 
 Biosticnl authority, the Bishop acting concurrently with 
 the civil Governmentof the Province, and their proceed- 
 ings were conflrmed by an ArrAt or Decree of (he Kias of 
 France in ITas. 
 
 # 
 
22 
 
 King Defender of tbt Faith } t« til «hei> Um** 
 present Lei ten iball concern, greeiirw ;- > . •n 
 ■ Whi^rcDA by Letters Patent under our Oreal 
 Seal of Great Riilain, bearini; dnte the twenty- 
 eighth dny of June iq the (hirty-firit yi-iir *>( our 
 Rttiiin, we<H)i4 erect, found, ord.iin, make, and 
 roniiiiutfl oii> Frovinctis of Lower Cannda R(id 
 Upper Canada, and, :heir dependencies, to be a 
 Bishop's See, lo b« called fronri Ihsnceforth the 
 Biahopric of Quebec ; and wherens by a certain 
 Statute nr Act of the Parliament of Great Brilnin 
 phased in the ihiriy-firsi year of our Reign, inti- 
 tuled " An Act to repeal certain parts of an Act 
 passed in the fourteenth year of our Reign, inti 
 tuled 'An Act for niakitii; more e(r<;climl piovi,>ioii 
 for the Government of ihe Province of Qiiebsc in 
 North America, and to make further provision foi 
 the Government of the said Province,' " eundry 
 provisions were made respecting th^ allotment and 
 Hpproprialion of land for the mai.nlenatic? and 
 support of a Protestant Clergy within our said 
 Provinces J and it was amoiiij other liiintfs more 
 especially enacted, ihat it »ihoiild and might be 
 lawful (or Us, our Hi-ii-s or .Successori, to author 
 ize the Governor or Lieutenant Governor of each 
 of our said Provinces respectively, or the person 
 administerinj; the Government therein for the time 
 beinij, fiom lime to time, with the ,idvice of ou 
 Executive Council of our said Provinces respec- 
 jively, to constitute and erect wilhin every Town- 
 ship or Parish whicn ihen was or thereafier mig;hl 
 be formed, consiiuiied, or erected wiihinstich Pro- 
 vince, one or more Parsonaf^e or Rectory, or P.ir- 
 Bonasjes or Reclori'^s, according to the establish- 
 ment o( the Church of Kngland; and from ti.jieto 
 time, by an instrument under the Great Seal of 
 Mich Province, to endnvv every such Parsonage or 
 Keciory wiih so much or such part of the lands so 
 ullolted and iippropi iated as afi>resaid, in respect 
 of any lands within such Township or Parish, 
 which should have been granted subsequent to the 
 commencement of the said Act, or of su'"h lariils 
 as might have been allotted and appropriated for 
 the same [nirpose by or in virtue of anyinstruclion 
 which might be given by us in respect nf »»ny 
 
 Enfland) and, with lh« advice of the said Rxecii- 
 live Oouneil, bath aho judged it to be exp«(Ji»iH 
 uniler tto^ no'v <.«itHing circumstances oftheaaid 
 Parish of Mfontre^l, to endow the said Parsonage 
 or Rectory with ttie Ch'urch Lands ami immovea- 
 ble estate hereinafter particularly sei. loiih and 
 described. 
 
 Now therefore know ye, that our said trusty 
 and well beloved Sir John Coape Sheibrooke, 
 Knight, our saitl Governor, being thereunto, by us 
 iluly aiilhorizeJ, pursuant to the uforesaiil Statutn 
 hath, und by these our Letleis Patent, with the 
 advice of our Executive Council ol our said Pro- 
 vince, doth ordain, make, consiiiute, and Hectare 
 all that precinc't included wilhin the bounds and 
 limits of the aforesaid Parish ol MnnirfHl, as (\)>i 
 siiibed in a ceitaiii reglement ol iheSieur V«u- 
 ilreuil. Governor and Lieuienant Governor of New 
 France, the Sieur Eveqtfe de (iutbec, and the 
 Sieur Begou, irilendant. bearing dale the twentieth 
 'ay of September in 'he year of our f..ord Christ 
 One thousand seven hiindred and twenty-one, con- 
 firmed and homologated by an ArnU of His most 
 CJhrislian Majesty in His Council d'Etat, bearing 
 date the thirtl day of March in the year of our 
 Lord Christ One thousand seven hundred and 
 twenly-two, is and shall be henceforth for ever 
 an ecclesiastical division and parish of the afore- 
 ■"aid BishopVic of Quebec, and be called by the 
 name of "The Parish of Montreal," And within 
 ihesaid parish our said Governor, being also there- 
 unto by us duly authorised pursuant to the afore- 
 said St.Jute, hath constituted anil erected, and by 
 these our Letters Patent, with the advice of our 
 said Executive Council, doth constitute and erect 
 one Parsonage or Rectory, accoiding to the estab- 
 menl of the Church of England, to be called from 
 henceforth the Parsonage or Rectory qfl the Parish 
 (Church of Montreal : and haih and doih oidain, 
 make, constitute, an<l declare the precinct con- 
 lained wiihjn the limits aijd bounds of the said 
 Parish of Montreal to be the precinct of the said 
 Paisonage or Rectory of the Parish Church of 
 Montreal; and having great confidence in the 
 It-arning. jileiy, morals. Probity and prudence of 
 
 the said Act. as such Governor or Lieutenant Gov- 
 ernor, or person administering the Government, 
 Bhould, with the advice of llie said Executive 
 Council, judge to be expedient under the then ex- 
 isting circumstances of such Township or Parish. 
 Anil whereas the doctrine and discipline of the 
 
 lands granted by us before the commencement nf John Leeds, Clerk, a Minister of the Church of 
 
 England, duly ordained according to the Rites'of 
 he said Church, our trusty and well beloved Sir 
 John Coape Sherbrooke, Knight, oursaid Governor 
 being also thereunto by us duly authorized pursu- 
 ant to the aforesaid Salute, hath nominated, pre- 
 sented, and collated and by these our lellers Patent 
 
 Church of England, being professed and observed doth nominate, present, and collate, the said John 
 by a very considerable part of our loving .«ubject8 Ijceds to the said Parsonage or Rectory and Parish 
 resident in ihe Parish of Montreal in the Disirict Chur'-h ol Montreal, and to be the Incumbent 
 of Montreal, ill our said Province of Lower Can- thereof, and to have, hold, and enjoy the same, 
 nda, our trusty and well beloved Sir John Coape and all rights, profile, and emoliim. nts thereunto 
 Sherbrooke, Knight Grand t>oss of the Most|belopging or granted, as fully and amply, and in 
 Honourable Military Order of the Bato, our Gov- the same manner and on the same terms and con- 
 fernor Generstl of and for our said Province of ditions, and liable to the performance of the same 
 Lower Canada, hath, with the advice of our Ex- duties^ r« the Incumbent of a Parsonage or Rectory 
 ecuiive Council of our said Province, judged it to in that part of our Dominions called England for and 
 be expedient to constitute and erect a Parsonage during oii^ Royal pleasure and the actual residence 
 "or Rectory within the said Parish of Montreal, ac- of the said John Leeds in the said Parish of Mon- 
 tording to the ^stablisiinnettt of the Church of,treaI. Arid, to the end that all matters and thing* 
 
29 
 
 liforcMid nri«y htv» rtjfir dii« effeef, W«, by thwe 
 our Letter! Patent, do •i|[nitv unto 'he "igbt Rev- 
 •renil Father ir. UckI, Jacub Lord Bi«bnpol Quelle 
 that we, in manner aforesaid, bav<f ordained, made 
 ci-.nstilut«'d, Hnd declared the aforetnid Pariab ul 
 Moriiitfal to be an ercl^sinitical divitioii and I'liHsh 
 oCtht* Hforecaid Bishopric of Quebec, and have 
 erected and constituted within the Slid Parish the 
 aforesaid ParsouaKe or Rectory, and ilo present 
 unto hinn, the said Jacob Loid Bishap'of Qiif.bec, 
 the said John Leeds, reqnirinjK, and by the Fuiih 
 and Life by which he is hound to us cornmand- 
 fnn him, to admit the saici John Leeds tpthe said 
 Parsonage or Rectory and Parish ('htircb of Mon- 
 treal, and cause him to be instituted and tnduci>-d 
 into the same with all its rijjht", membe^-a, aiJ 
 appurtenances, and to do and execute nil other 
 thini§[8 in this behalt which w'hall belong to hl6 epis- 
 copal office. 
 
 And we do hereby will arid grant, that the Rec- 
 tor of the said Parsonage or Rectory and Paiish 
 Church of Motitreal, and his Successors Rectors 
 of the said Parsonage or Rectory ami Ptirisb 
 Church, be, and shall continue a Body Cf.rporate 
 with perpetual succession, by the name of the 
 Rector of the Parsonage or Rectory and Parish 
 Church of Montreal. 
 
 And we do further will and grant that he and 
 his successors, by the name aforesaid, siiail be 
 ' able and capable in the law and have full powei 
 to purchase, have, take, hold, and enjoy such me*,- 
 sua^?s, lands, rents, Tenements, annuities, here- 
 ditaments, heritages, and real estates, of what 
 nature and kind soever, in fee and in perpetuity. 
 or for term of life and yenrs, as by giant or license 
 under the Great Seal of our said Province he or 
 they shall at any time be authorised to take, hoi' 
 and enjoy ; and also all manner of Goods, chatttls, 
 and things personal whatsoever of what nature or 
 value soev'er ; and also to determine any of the 
 •aid Messuages, lands, tenements, hereditaments, 
 heritSges, and real estates whereof or wherein he 
 or they shall have any estate or interest as afore- 
 said, in jsuch manner as by license under the Great 
 Seal of our said Province he or they shall at any 
 time be authorized for that purpose ; and that he 
 and his successors, by and under the same name.|i 
 may prosecute, claim, plead and be impleaded, ' 
 defend and be defended, answer and be answered, 
 in all nrtanner of Courts, ot (Ja, our Heirs and Suc- 
 cessors, and elsewhere, in and upon all and singu- 
 lar causes, suits, writs, and demands, person-*l and 
 mixed, £itKl ih all other thingb, causes, and matters 
 whatsoever. 
 
 And moreover, We will and ordain by these 
 Proeents, that the said John L'-eds, Hector o; tiie 
 Kttid Parsonage or Rector/ and Parish Church, 
 shall be subject to the Authority and Jurisdic- 
 ti6n of the Right Reverend Father in God, Jacob Seal of our said Province to be bereunto affixed. 
 
 DioceA* itUh'in wliich aueh Parsonage or Reetorjr 
 or FyirMh Church Ih situated. And know ye furth- 
 er, tbftt our «ii«l triiHty nntj vetl*beiov«d Bir John 
 Coap»8herbrooko, Krrifrht, our Governor an afore- 
 unid, bcintf thereunto nUo by n* du'y autiioriied 
 puniuiiiit to iho nforcsaid Statuti, Hath, with th« 
 advice of our said Executiv* Coti<icil, Qllotted 
 and appropriated, ordiuiied, made, conalitutod, 
 appoiiitt"!, and dcclurod, and by these our 
 Letter? I'atf nt dotii allot and anprnprinte, ordain, 
 make, ijoiiKtitute, appoint, andtleolaie, the Church 
 erected in Notre Duine Street in our said City of 
 Montreal, in the naid Pnriiih of Montreal, 
 to bo the Parochial or Parish Church of the 
 sjtid Parish of Montreal : and the said Par- 
 sonngo or Rectory of the snid Pariah Churcl^ 
 of ifontical, with the said Church, haih, 
 and by these our Letters Patent doth endow, 
 and the Freehold and Inhuritance of the said 
 Church and of all the Appurtenances thereunto 
 belonging halh, and by these our Letters Patent 
 doth give, grant, and vest forever in the said 
 John Leed^, Rector of the said Pai-sonego or 
 Rectory and Parish Church i f Montreal, and his 
 Successors Rectors of the said Parsonage or, Rec- 
 tory and Parish Church ; and the same Church ia 
 "lereby declared to bo for over dedicated to the 
 Service of God, to bo therein morn especially ap- 
 plied to tho use and Behoof of our loving sub- 
 jects professing the Doctrine and Discipline of 
 the Church of Fngland, now inhabiting, and 
 from time to lime hereafter to inhabit, the said 
 Parish of Montreal. 
 
 And know jye, that our said trusty and well- 
 belov'cd Sir Jo V Coape Shorbrooke, our said 
 Governor, being i,.ereunto by us duly authorized 
 pursuant to the aforesaid Statute, hath, and by 
 ihese our Letters Patent doth, with the advice of 
 our said iiixecutive Council, endow the said Par- 
 sonage or Rectory of the Parish Church of Mon- 
 treal with all, each, and every the Tracts, Lots, 
 Pieces, and Parcels of Land herein-after describ- 
 ed ; that is to say, first, with all that Piece or 
 Parcel of Land situate, lying, and being in Notre 
 Dame Street in the City of Montreal, measuring 
 upon the said Street one hundred and nine feet 
 two inc'ies, and upon which said Parish Church 
 is built ; and the Fieeliold and Inheritance of 
 the said Lot, Piece and Parcel of Land, and all 
 the Appurtenances thereunto belonging, hath, 
 and by these our Letters Patent do give, grant, 
 and vest for ever in, the said John Leeds, Rector 
 of tho said Parsonage or Rectory and Parish 
 Church of Montreal, and his Successors Rectora 
 of the said Parsonage or Rectory and Parish 
 Church. 
 
 In testimony vrhereof, We have caused these 
 our Lett'M's to be made Patent, and tho Great 
 
 Lord Bishop of Quebec, and his successors 
 Bishops of tho Bishopric of Quebec, in the 
 same manner as any Rector of any Parsonage or 
 Rector?- or Parish Church within that part of 
 
 Witness our trusty and well-beloved, his Grace 
 Charles Duke of "Richmond, Knight of the most 
 Noble Order of the Garter, Captain General and 
 Governor in Chief in and over our Province of 
 
 Great Britain called England is under the Au-Lower Canada, Vice Admiral of the same, <fec. 
 thority and Jurisdiction of tlie Bishop oj theiifef. <tc,, at our Castle of Saint Lewis in our City 
 
 i 4 
 
 I V 
 
 ^ 
 
24 
 
 •od in the filfty»'«ig!jt^^«tf'jX»f 6ur Reign 
 Joh» TiyloV, 
 
 'Deputy Secretaiy, 
 
 which fball gorem all applications of this nator* 
 
 of Quebec, in our ipicl Province gf Lower Gaiis* 
 
 da, the twelfth ifl#'^ August, lu the #e&r of our uatiTli^BlatiTo provision Bhall be made on the 
 
 Lord one lh'oue*ni 'e%M BtiadreH anaT'eigbtfeen', subject The Qomnuttee is of opinion that when- 
 
 ever a Church is^erccted, and a Minister appointed 
 t:<>'reflido, in any Township, the Wardens may 
 bo authorized to erect a Parsonage House, by 
 anticipating the produce of tjje Clergy Reserves 
 in the Township by loan of a t>iini not exceeding 
 
 pounds, the principal and interest of ;. 
 which loan shall be paid by such person as may 
 bo charged with the receipt of the Clergy rents 
 within the Township as tncy may become pro- 
 ductive ; that tho'ciiarge of insurance and ordi- 
 nary tenant's repairs shall be defrayed by the 
 Incumbent, anJ all other repairs by such meana^« 
 as the building. ' ^ 
 
 Upon this principle the Committee humbly- 
 sub. it to your Honour, for the approbation of 
 His Royal Highness tlie Prince Regent, that the 
 Reverend Doctor John Strachan may be entitled 
 to receive fiom the rents of the Cle.gy Rese'rves, 
 in respect of the lands in the Township of Corn- 
 wall, the principal and interest of his advance 
 towards the erection of the Parsonage House in 
 Cornwall, conformabln to the ce'-tificates of the 
 Magistrates and Churcliwardens, the sum of £340, 
 with interest at the rate of six per cent, from 
 until paid. 
 
 All wliich is humbly submU^ed. 
 
 (Signed) THOS. SCOTT, 
 
 ChairmaD. 
 
 (No. 3) 
 At the 09uncil Chamber at York, on Thursday 
 file 9th day of March. 1815. 
 
 Piresent : — The Honourable Thomas Scott, 
 Chief Justice, Chairman ; the Honourable James 
 Baby, the Honourable John M'Odl, the Honoura 
 ble Mr. Justice Powell. 
 
 To His Honour Gordon Drumninnd, Esquire, 
 President, admnjistering the Government of 
 the Province of Upper Canaiia, and Lieu- 
 tenant General comtnan'iing His Majesty'.* 
 Fofces therein, &c., ttc, «&c. 
 May it please your Honour, 
 
 The Committee of the Executive Council to 
 which was referreil b\' your Honour tlie Petition 
 of the Reverend Doctor lit.rachan for remunera- 
 tion for monies e.vpcniled on the Parsonage House 
 at Cornwall for the residence of the Minister of 
 the Church of England has bestt-wed due atten 
 tion on the sul^ject, and considers the prayer of 
 the petition reasoiuible and just. 
 
 The latter part cf the reference, to advise from 
 ^what fund compensation can be made, has also 
 undergone tlie-serions consideration of tlie Com- 
 mittee. In its deliberation on this subject the 
 Committee was naturally led to review tiie rela 
 tive situation of the Ministers of the Church here 
 and in England. They find that the Rector of a 
 Church in England lias a fee in his Rectory, which 
 is endowed in such a manner "3 to insure a per 
 manent Revenue during the Incumbent's life 
 that provision is mado by Statute in England to 
 subject that Revenue to 4,iie chaige oi building 
 and repairing the iiouse of the Parsonage or Rec- 
 tory : That in this country the Church is not ac- 
 tually endowed, nor has the Mluister a fee o 
 any security in his incumbency, which, as we! 
 as his Reverme, is at t' 2 will of the Crown : That 
 no prevision therefore can be made one of that 
 Reveri'iri for building or repairing the Parsonage 
 House : That it is contemjilatotl by the Canada 
 Bill to endow the several Rectories hereafter to 
 be conotituted out of the lands reserved for the 
 support of a Protestant Clergy at the discretion 
 of the Governor and Executive Council of the 
 
 Province, or as the Legislature, under certain ""d you will therefore consider vourself author- 
 limitations, may ouiiiin : That in the mcantimt-izwl to make the payincJut which they have 
 the lands reserved iur the support of a I'rotestaiill'ccommended." 
 
 Clergy are leased, and the rents tliereof may bej (Signed) BATHURST. 
 
 applicable to such support at the discretion of the! [A'os. 5, 7, and H, are omitfcd here, being d^npli' 
 Executive Governmeni. It is from that hnr'-ates of three docianent,. '^Ireadi/ piMished, viz.: — 
 only that the Committee can discover any 8ource|/.o)v/ Bnlhnrst's Jkupaich to freudent Smith, of 
 for providing a decent residence for the Clergy. ,i2«(/ April, 1818 ; Lord L<ithiiri>Vn DoKpalch to Sir 
 In analogy to tlie provisi(>n8 of the seventeenthlP. Maitlaml, of mndJuii/, 1825 ; and the Report 
 of His present Majesty, the Cfmimittee nppre-\of the Ereculive Council of Upper Canada, to Sir 
 hends it may bo expedient to adopt some rulej/'. J/a«</anc?,o/2Ui iVW>ni«r, 1825.] — pp. 10«tl4. 
 
 Sir," 
 
 (No. 4.) 
 Castle of St. Lewis, Quebec, 
 23d March, 1816. 
 -I avail myself of the present opportunity 
 
 of I'oiwarding to your Excellency the extract of 
 a despatch addressed to me by the Earl Bathurst, 
 m reply to a communication I made to his Lord- 
 ship, submitting the petition of the Reverei d Dr. 
 Strachan to his favourable consideration. 
 I have, &c,, 
 (Signed) GORDON DRUMMOND. 
 His Excellency Lieutenant Governor Gore, 
 tic, ttc, (fcc. 
 
 Extract of a Despatch from the Earl Bathurst, 
 addressed to His Excellency Sir Gordon 
 Druinmond, lOlh October, 1815. 
 
 "The claim of ihe Reverend Dr. Strachan, the 
 
 present Minister of York, appears from the report 
 
 f the Council to be deserving of consideration. 
 
25 
 
 jCNo. fl.) 
 Appkhdix B. 
 j&n Act relatiya to the Right of Tithes within this 
 Province. (Pgssed by the Legislature 
 • of Upper Oanadal) 
 [The Royal Assent lo this Bill was promulgated 
 by Proclamation hearing date the 20th day of 
 February 1823.] 
 Whereas notwithstanding Bis Majesty has been 
 graciously pleased to reserve for tb^ support of a 
 Protestant Clergy in this Province one seventh 
 of all lands granted therein, doubts hav« been 
 Suggested that the tithes of the produce of laixl 
 might still be legally demanded by the Incumbent 
 duty in-'ituted or Rector of any Parish, whicli 
 doubt it is important to the well doing of thit- 
 Colony to remove ; be it enacted by the King's 
 most Excellent Majesty, by and with the advice 
 and consent of the Legislative Council and As- 
 sembly of the Province of Upper Canada, con- 
 stituted and assembled by virtue of and under 
 the authority of an Act passed in the Parliament 
 of Great Britain', intituled " An Act to repeal 
 certain parts of an Act passed in the fourteenth 
 ye'f of His Majesty's Reign, intituled, ' An Act 
 f . making more etlictual provision for the Gov- 
 ernment of the Province of Quebec in North 
 America, and to mal^e further provision f(U' the 
 Government of the said_ Province,' " and by the 
 authority of the satue, That no tithes shall be 
 claimed, demanded or received by any ecclesi- 
 astical person, Rector, or Vicar of the Protestant 
 Church .within this Province'; any law, custom, 
 or usage to the coutrarjj; notwithstanding. 
 
 (No. 9.) 
 At a meeting of the Corporation for superintend 
 ing, managing, and cimducting the Clergy Re 
 serves of llie Province of Upper Canada, held 
 on the 4th of February 1835. 
 
 Present. . . 
 
 The Honourable and Right Reverend the Lord 
 
 Bishop of Quebec. 
 The Honftnrablfc and \'enprable the Archdea- 
 ^ con of York. 
 
 The Reverend A. N. Bethune. , 
 
 The Reverend J. MacGralJi 
 The Reverend J. iMillar. 
 The Reverend R. Flood. 
 The Surveyor General. 
 
 The following resolutions wci'e then proposed 
 and unanimously adopted : 
 
 3d, Resoked, That a few Ckrgy R«Rerve Lots 
 leightor ^n in number, a* mhr be considered 
 exppdieoki W e*en)i)tfe4 IWifo^fe' or lease in 
 every To^rnship in whieliJamifleBjt clerjn'man is 
 not already Btatioued; Ip such parts of the same 
 as may apr^ar mos* Oonvenient to form an en- 
 dowment for future Paiftshes. . 
 
 4tb, Reflclved, That it is expedient that .: spe- 
 cial endowment be constituted without delay for 
 the maintenai^co of the episcopal otHce and that 
 of the Archdeacons in this Province, and that for 
 this purpose a Reservation of two Lots in fiacb 
 Township be recommended. 
 
 olh, Resolved, That it is deemed advisable by 
 this Corporation that the leasing of the Clergy 
 Resorvea be recommenced, and tiiat a new Tabfe 
 of Rents for sucli Reserves be established, distin- 
 guishing the annual amount to be paid by Les- 
 ■sees according to the value and situation of the 
 Lots held ' them. 
 
 6lh, Resolved, That in carrying the former Re- 
 solution into effect, it bo iiumljly reconimtndcd 
 to the considc.alion of tlij Lieutenant Governor 
 and Council, whether it would not be most ex- 
 pedient thai the Rents to be charged in future 
 upon the Clergy Reserves should be iixed by a 
 moderate per-contago upon the estimated Value 
 of such Lots. 
 
 7th, Resolved, Tliat it be recommended that 
 not more tlian one fointh of the Clergy Reserves 
 be sold liereafter in any one TownKJilp by the 
 Commissioner of Crown Lands, as from the Act 
 of Geo. 4. Cap. G2, autiiorizing the Sale, it is 
 reasonable lo infer that the retcMtion of three 
 fourths of tlu) Clargy Reserves in every Town- 
 ship was contompiated. 
 
 8th, Resolved, That it be recommended that no 
 Clergy Reserves bo hereafter sold under 10s, per 
 Acre, as when they arc of less value it is con- 
 sidered more advantageous tliat they sliould be 
 retained for Lca>o. 
 
 9th, Resolved, That to ensure the regular pay- 
 ment of Rents due upon the Clergy Reserves it 
 be recommended tliat a Commission of office 
 should be issued, to declare tlie Lots of the prin- 
 r'pal Defaulters in every District .acant or open 
 for Sale. 
 
 10th, Resolved, That it be recommended that 
 no assistance bo b(4stowed in future towards the 
 '.wOlion of Parsonage Houses from the funds 
 jarising from the Clergy Reserves, unless tliey bo 
 
 1st, Resolved, That inmiediate steps may be built of durable Mateiials of Brick or Stone, 
 taken to appropriate ri an endowment to every' 11th, Resolved. That it docs not appear to thia 
 Mission or Pari.ih now constituiod in this ProvincciBoard that the Sale of Cler;i'y Reserves under 
 nuch portion of the Cli!:j;y Uesorvj?s or Glebes Lease was cotitenipialed by tiie Act of Geo. 4, 
 within 0.. hh near to t!ie sj«mo as mny be deemed Cap. f)2., since its object was to raise a fund for 
 
 expedient preparatory to the induction of the 
 resident clergyman. 
 2d, Resolved, That for the Selection of the 
 
 the maintenance of l)'? Clergy, which llie sale of 
 leasee' Lots seems in some degree to counteract. 
 12th, Resolved, That an hiqnble address be 
 
 Lots embraced in the foregoin;r resolution, the presented to His E.\cellency the Lieutenant Go- 
 clergyman contiguous be assisted by a pereonivernor, expressing to hin» the grateful sense en- 
 acting under the direction of the Surveyor Oen-|tertained by this Corj)oration of tlio zeal and In- 
 •raJ. I'.erest which His ExceUeucv has rannifested ia 
 
 m 
 
26 
 
 the eauM ef the Obvdi. in tlili Prof iD<!% atid 
 recommending to JiitJGiT^abl* ooaipid^^bQ,. tlic 
 ibregoiDg RaaoliitioQS. .' » '• ' 
 
 (Signed) •^. 0; J. QuEiiso, 
 
 Principal. 
 
 (Nolo.) 
 Oorernment House, 29th June, 1835. 
 
 Tlie Lieutenant Q-ovcriior transmits to the Ex 
 «cutive Council the accoroppnying copy of a 
 Communication addressed to the Law Oincers of 
 .the Crown, and their Reports, relative to the 
 coqrRO which it is proposed to adopt in constitut- 
 ing Parsonaf^es accoraing to the Statutes. 
 
 The Lieutenant Goviarnor requests the Execu- 
 ,tive Council will exanine the forrcei oi instru- 
 ments which the Attorney General recommciids 
 to be used in constituting and endowing Rector- 
 iefi apd presenting Roctors, and take into conaid- 
 eralion whether the course recommended by the 
 Attorney General if. in any respect objectionable; 
 Or whether, under all circumstances, it may not 
 be for tlie interests of the Province to direct 
 Parsonages to be constituted and endowed >vith- 
 out fprllier delay, and designated in the mode 
 S'lggested by the Attorney General, in all Town- 
 sh'p8,in whicl^ missionar.es have been appointed 
 by *he ftishop of Quebec to '^ake charge of con- 
 gregations. 
 
 Government House, 8Lh May, 1835. 
 Gentlemen, — I am diiected to acquaint y^u 
 that before the Lieutenant Governor, with the 
 advice of <,he Executive Council, can proceed to 
 constitute and erect Parsonages or Rectories in 
 each settled Township of the Upper Province, in 
 conformity io the Act of the 31st Geo. 3, Cap. 31, 
 it is necessary that the Crown Officers should 
 state, for the information of the Lieutenant Gov- 
 ernor and Executive Council, xho precise mode 
 by which Parsonages or Rectories can be legally 
 constituted, and carefully draw out the form of 
 the instrument wliich they may recommend to 
 be adopted in future, when the Lieu'.Miant Gov- 
 ernor deems it necessary to constitute Parsonnge)- 
 or Rectories, to endow them, and to present Min- 
 isters. The late Attorney General made a report 
 on these subjects, which the Lieutenant Governor 
 
 connected witli the eccl^Blaatical divisioDii of the, 
 EftUbljshed, Churcli, which could hive reference 
 only to r.'jht«, Poor Laws, and the Ecclesiastical 
 jiiriiidiction of Vicars or Rectors, and endeavoured. 
 ta show that the dispersed state of the popula- 
 tion, and other circumstances, render it impracti- 
 cable to ronstitute, advantageously, Parislies. and 
 that such ditisiona could never confer the rights 
 and priviiogcs that are Ktluched to Paushes in 
 Eni;land, but might 'embarrass the Clergy. 
 
 The Lieutenant Governor still adheres to hia. 
 former intentira of constituting Rectories or 
 Pai-sonages, according t<( (he Act which has beni^ 
 cited, in every settled Township ; a course whicli 
 was sanctioned by the Secretary of State for the, 
 Colonies in 1832. Tluis, JissMmi^g that there are 
 a certain number of lots set apart in every Town- 
 ship for Glebes or Endowments, the next, step to 
 be taken must be to yest these Lands in the, 
 hands of Trustees for the benefit qf incumbents, 
 when the Rectories or Parsonages may bo consti-. 
 tuted ; and so soon as a congregation be formed 
 by a Minister, the Rectory may be designated by 
 styling it Xh'e first or second Rectory or Churcb 
 o^ the East or West lownship ; and if such a 
 course can be legally followed, the Lieutenant 
 Governor is. persuaded that tlie Bishop of Quebep 
 will not refuse to proceed with the Inductions of 
 Ministers properly qualified, on their being It- 
 gally presented to him. 
 
 I have, Ac, r 
 
 (Signed) • "WM. ?IQWAN. 
 
 The Prowu OiRcers, 
 
 Government House, 26th May, 1835. 
 Gentlemen, — With reference to my communi- 
 cation of the 8th instant, and the present state of 
 the Missions of the Church of England, and to 
 the Intention of the Lieutenant Governor of erect- 
 ing Parsonages immediately, with the advice of 
 the Executive Council, in conformity to the Sta- 
 tutes, I am, directed to call your attention to tb 
 i',hief objects it appears desirable to accomplisQ 
 in presenting and inducting Clergymen,— the 
 conferring the right on all the inhabitants of a 
 Township to attend ever-jr Church iiat may be 
 established in the Township in which they re- 
 side, and to secure to incumbents the appropri- 
 
 has already transmitted to you. ationg which may be annexed to their respective 
 
 You will perceive from the accompanying cor- Cliurches, without embarrassing them Avith any 
 rcspondcnco lliat the Bishop of Quebec hesitates of tii,Q imrpuyities and privileges which are inse- 
 to induct Mr. Coghlan, under t' instrument bv|parable from our Ecclesiastioal Divisions at 
 •whii-h be has been presented ti, the benefice ofhomo, but inapplicable to this Province. 
 ht. John's, at Port Hope ; the Lieutenant Gover- The Statutes" declare that Parsonages are to be 
 jio>' therefore requests that you wi'l report how'erocted in Townships according to the Church of 
 
 far the objections of the Bishop may be removed 
 or considered valid. 
 
 The Lieutenant Governor in 1832 suggested to 
 the Secretaiy of State for the Colonics that it 
 
 England ; your opin'on, therefore, is requested a^ 
 to the legal definition of a Parsonage, and nn 
 which mode it «un be beat designated. 
 The term Piirsonago in law His Excellency 
 
 was expedient, in making arrangements with njsupjioses is apjJied to the benellco ai.d re.sidenco 
 view of laying the foundation of the Church and of the Parson (tr Persona Ecqlesioc, who will 
 insuring its prosperity, to constitute gradually a have during his life the freehold in himself of th»? 
 certain number of Rectories or Parsonages in!Parsoiiay;e House, the Glebe, and Endowment^ 
 every Township, without transferring to incum-jattached to the Parsonage. 
 bent« »ny of the exclusivo rights or immunities' The Lieutenant Governor requests to be ir»« 
 
M^ 
 
 be in« 
 
 27 
 
 formod whether Churchwardens or Guardians of 
 the Church property, who are in England tjtle^Je- 
 gnl Representatives of the Parish, cannot be 
 chosen dj the joint consent of the Minister apd 
 congregation, or pew-holders. 
 
 As the'Farsonage in law will be considered 
 as the appropriation of the Parson, and not as 
 the boundaries of a Parish, or the extent of any 
 Ecclesiastical juruiKlietion, the Lieutenant Gover- 
 nor suggests that a Church and Pars«jMago raighf 
 b« designated sufficiently by stylina; it the first, 
 second, or third Township Church. 
 
 On these points His Excellency desires to have 
 your opinion as soon as possible. 
 I have, «fec., 
 (Signed) WM. ROWAN. 
 
 The Crown Officers. 
 
 Solicitor General's Office, 
 
 Toronto, 4th June, 1835. 
 
 Sir, — ^With reference to your communication of 
 the 8th and 2fith May last, containing the com- 
 mands of the Lieuterant Governor, that I should 
 report my opinion on the points referred to there- 
 in, relating to the intention of His Excellency to 
 erect Parsonages and Rectories within the Pro 
 viiice, I have the honour to state that the Act of 
 tl^e Briti^h Parliament, from which authority to 
 fict on this important subject is derived, re- 
 <juires, — 
 
 1st. That the limit* of all Parsonages or llec 
 torics created should bo defined : 
 
 2nd. That, when defined, a Minister duly or- 
 dained according to the estiiblishmont of tlie 
 Church of England should bo prc-sonted for In 
 duction ; the patronage being in all cases in the 
 Crown. 
 
 3rd. That such Parsonage or Rectory should be 
 endowed with such portion of the Lands reserved 
 for the support of the Established Church as His 
 Majesty's Government should tliink sulHcient for 
 the proper maintenance of the Minister : and u 
 
 on those several heads I beg leave to olftr 
 foUwing observations : — 
 
 Upon the first point, I am of opinion tliat it is 
 necessary that the liniils of all PaMoiiagcs or 
 ilectories sliould be defined : first, beiausc! wiiou 
 declared and established, they are intended to 
 constitute the Ecclesiastical Divisions of the Pro- 
 
 o^ the tuoveable cffecte belosPgi."^ to the Church, 
 have tlie |)!OW«r of rogulati^and setUiug foes and 
 pdw ttifiUil and gtHiQroUjr are pUiised in the man- 
 agement of all tbatters relating to Church pro> 
 party and funds, with the exception of the landed 
 eudowuieuts and other real estate held by thein* 
 curabout and derived from the Crown. 
 
 Upon the second point I beg to iemark, that 
 the Minister, when inducted, becomes veste<l with 
 all the rights which belong to a Parson or Rector 
 of a Parish in England, and ia in like manner 
 subject to all the duties and responsibilities which 
 in tiiat country attach to the Incumbent of a 
 Living there, with respect to the rights of a Par- 
 son or Rector, they are few oven in England, and 
 ire still loss in number in this country. Here 
 there are no tithes, iio exclusive right to marry or 
 to keep registries of marriage, births, christenings 
 or burials ; no claims to fees, privileges, orimmu- 
 nities of any kind, arising from usage or pres- 
 cription. In iliis country, as in England, the 
 Parson or Rector, when inducted, becomes a cor' 
 poraiioii sole, Svd as sucli he is invested with all 
 the real estate with which the Parsonage or Rec- 
 tory is endowed, and control over these ("A'-luch 
 arc tho only rights that exclusively 1' .ng to 
 hitn) bo alone can exercise, be the linii..-. uf his 
 Parsonage great or small ; on the other hand, 
 every doty tliat is imposed on an Incumbent of a 
 Living in England attaches to him here, and ha 
 is responsible to the civil or ecclesiastical power 
 for their due performance. The apprehension 
 therefore that has been entertained (oy myself 
 as well as others,) that by extending the limits of 
 a Par;?onage or Rectory, a power would be givoti 
 to the Minister that might be improperly used, 
 and therefore lead to inconvenient consequences, 
 is, upon examination, found to be without 
 cjrounds ; ou tho conlvary, in jiroportion as tlie 
 limits of the Parsonage or Rectory are extended, 
 the duties and responsibilities of the Incumbent 
 ire increased, and the control of the congregation 
 
 the over him strengthened, while he gains no "addi- 
 tional advantage whatever to himself. The law» 
 do not prescribe tho numb. " inhabitants a 
 Parson.igo or Rector)- should contain before the 
 Bishop is authorized to induct a Minister to the 
 cure uf souls within its limits, and therefore this 
 must, to a certain degree, be left to his discretion ; 
 
 ' vince, in the same manner that Parishes consti- but tho cioatiiig a Parsonage or a Rectory, with- 
 tute these divisions in England ; second, becauseiout assigning boundaries, would, in my opinion 
 the Minister being appointed to the Cure of\he void, and therefore without this being done 
 l^otil within liis Pamonage or Jiectori/, and as nO|noiiher jiresentation nor induction could legally 
 duties can bo legally required of liim bcjiond i<sjtake place. 
 
 limits, it is obvious that it must contain such a Upon the last point it is unnece-ssary for mo to 
 number of inhabitants as will constitute a con-;niake any fuitlier <ibsorvation than that a form of 
 gregation ; and, third, because Cluncliwar('ensji)atent should be framed conformably to law, for 
 must be elected annually by and lioni . „ong:endowing Parsonages or Rectories with such 
 the members of the Ch.u-ch residing within the lands as His Majesty's Government may deem 
 boundaries of the Parsonage or Kuctory, and can-|surticient for the respectable support of the In- 
 not be elected from among any other class of cumbont. 
 
 persons. And it may lie necessary to roniark,! All which is ncvertheloss respectfully submitted, 
 with reference to Churchwardens, that they' I have, »tc. 
 
 should be legally appointed ; and that when sof (Signed) 
 
 elected they become vealej with the control 
 
 1^ 
 
 CH. A. HAGERMAN, 
 
 Solicitor General, 
 
 % 
 
 \ 
 
28 
 
 $- 
 
 t Attornty Oeoerai's Office, 
 
 , > 13th Jan«»l^ . 
 
 Sir,— I BaT« tib hihi^vr tp *frtB«i|r<^t you 
 will submit tb the coiis|dtetl|tiQDorhie£xceUenej 
 the LieuteDauC Oov^ernqr the . proposed forms ot 
 two instrucaents drawn, by hia Excellency 'b com 
 mand. 
 
 1. An InstruMent under tlie Qreat Seal for the 
 constituting and erecting of a Parsonage or Rec- 
 tory within any particular Township according to 
 the authority given to His Maiesty by the Statute 
 31 Geo. Ill, c. 31, 8. 38. 
 
 2. Letters missive, also under the Great Seal, 
 directed to the Lord Bishop of Quebec, requiring 
 the institution and induction of the Clergyman 
 whom his Excellency, under the thirty-nintb 
 section of the same Act, may present to the Par 
 Bonage or Rectory so constituted. The contera 
 
 Soraneous endowment of the land appropriated 
 y the other instrument may be made by an 
 ordinary grant to the Incumbent and his succes 
 gors. On all future presentations the legal title 
 to the temporalities will vest by the act of iusti 
 tution and induction. 
 
 The great respect due to the opinion of the 
 Solicitor General has led me to frequent rr ^on 
 sidorations of my advice, that his Excelleucy, 
 under the Imperial Act above recited, might erect 
 and constitute these Parsonages, and endow them 
 without assigning any territorial limits for the 
 spiritual jurisdiction and operations of the Par 
 son, in the nature of a Parish ; and I cannot di 
 vest mjself of the opinion that the Parsonage 
 may be so constituted, and may consist of the 
 Parson, with the Church, Ac, and the endow- 
 ment. Parish, in its technical sense, having rela- 
 tion to Tithes, Church Rates, <fec., undoubtedly 
 requires ascertained limits ; the word, however, 
 is not used in the Act except as a mere civil sub- 
 division of the Province, and synonymously with 
 Township ; for it authorizes the erection and con 
 Btitution of one or more Rectory or Parsonage or 
 Rectories or Parsonages within every Township 
 or Parish. Neither do I think the words Par- 
 sonage and Rectory are used with any reference 
 to a particular jurisdiction as contradistinguished 
 from Vicarage or Stipendiary Priesthood, but 
 r-imply as Benefice, which is the larijest term ap- 
 plied to Church Livings, and means thoBeneticia 
 or Endowment : and I think the Parson or Cor 
 poraUon sole, together with the Church and Ben 
 
 or Oura of Souls, in; the anciemt sense of tbsr 
 \yord8, where in fact the Clergyman's Parish con- 
 sists of hiB vcJluntary flock and congregation, im-< 
 EresH we with the opinion that, unless the law 
 ad in terms required such a specific division and 
 anpropriation of a particular part of each Town- 
 ship to each endowment, the contrary system is 
 the most expedient 
 
 ..As to the appointment of Churchwardens, the 
 provision in the 33 Geo, III, c. 2, s. 7, respecting 
 them hating been repealed by -the recent Act 
 consolidating and altering the laws relating tn 
 Township Officers, in which no mention whatever 
 is made of Churchwardens, and as there are here no 
 payers of Church Rates, I am not at this moment 
 prepared to say how they could be legally ap- 
 pointed ; but I do not thit)k that any present un- 
 certainty upon that matter could delay his Excel- 
 lency in. the important duty of ^crecting and 
 constituting Parsonages and appropriating the 
 Endowments. 
 
 I have, Ac, 
 (Signed) ROBERT S. JAMESON". 
 Lieutenant Colonel Rowan. 
 
 In Council, 5lh November, 183.5. 
 The Council concur with the herein-expressed 
 opinion of the Attorney General, and recommend 
 liiat no time should bo lost in erecting and con- 
 stituting Parsonages and appropriating the en- 
 aowments in the manner within -mentioned. 
 (Signed) PETER ROBINSON, P. 0. 
 (Signed) J. C. 
 
 No. 9, 
 
 (No. 4.) 
 
 Copy of a Despatch from Lord Glenelg to Major 
 
 General Sir George Arthur, K.C.H., Lieutenant 
 
 Governor of Upper Canada. 
 
 Downing Street, 
 
 26th December, 1837. 
 
 Sir, — Amongst the questions to whicli your at- 
 tention will be called upon your arrival in Upper 
 Canada, one of the most in»j)ortant is that which 
 relates to the provision for the maintenance and 
 diffusion of Chiistian knowledge throughout tho 
 increasing population of the Province. 
 
 Tliis subject has recentl,>' engaged much of the 
 public attention in Upper Canada, with reference 
 to the recent beneficial appropriation of tho 
 
 Lands set apart by the Act of 1791 for religious 
 fece or tempera! Endowment, will amount to ajpurposes, and known by tho name of Clergy Re 
 Parsonage within the meaning of the Act. Had 
 the Act, while authorising tho erection and con- 
 stitution of PaiRonaires within each Township, 
 used any words implying a division of the Town- 
 
 servos. It could scarcely be expected that tho 
 discussion of this question could fail to produce 
 considerable controversy and exciteiiient, or that, 
 its settlement could be accomplished without 
 
 ship, some doubt might be entertained which the'serious difficulty. I entertain, however, a c "iifi- 
 Act does not now raise. The difficulty of mak-|dent hope that some })lan may at an early peuoil 
 ing territorial divisions now which would meet|bc agreed to, by which the difficulties which have 
 (the state of population hereafter, together withhitherto opposed a satisfactory adjustment of tho 
 the inapplicability from tlie absence of Tithes'confl'cting claims of various leliijious denomina- 
 «nd Church Rates, the Beneficia consisting entire- tions may bo removed, and an adecpiate provision 
 ly of land or the proceeds of land, combined with;be made for meeting, on comprehensive priiici- 
 tno probable impolicy of apjjearing to crcatejplos, the religious wants of the great body of the 
 Parishes where there is uo spii'ltual jurisdiction, luhabilauts. 
 
 /Hit. 
 
^ 
 
 29 
 
 1 repiet tli.'it the agitated question of the, en 
 dowhii:i»l, cf lii'tY-seveu Rectories in the B^hi 
 nil uc.citiont of iho year 1836 has introduced a 
 new element of dissension. The conesnondenoe 
 wliich Ims taken place between Her Majesty's 
 (iovernment and your predecessor on this 8i:bject, 
 will place you fully in possession of the facts of 
 this case. How far the view originally taken of 
 ihat subject by the Law Officers of the Crown, 
 may be alteied when they shall have maturely 
 coimidered the explanations which have recently 
 for the first time reached me, as to the grounds 
 on which the Lieutenant Governor and Execu- 
 tive Council really jiroceeded, 1 am at present 
 unable to state. In the meanlirtie, however, be- 
 fore 1 can receive their Report, I think it right t • 
 acquaint you with the view which I at present 
 entertain of the course which it may be desirable 
 to pursue with reference to this subject. 
 
 The House of Assembly of Upper Canada, as 
 appears from their Journals of the 9th February, 
 1837, adopted a series of Resolutions relative to 
 these Endowments, of which the sixth declared, 
 " That, this House regards as inviolable the rights 
 acquired under the patents by which Rectories 
 have been endowed, and cannot, therefore, either 
 invite or sanction any interference with the rights 
 thus established." On the part of Her Majesty's 
 ExKcutive Government, I cannot hesitate to avow 
 ciun entire adoption of the principle by which this 
 Ivcsolution v.'as dictated. Although the Endow 
 inents of tlie Rectories in the year 1836 did not 
 take place with the previous concurrence or 
 knowledge of the present Ministers of the Crown, 
 yet, as they appear to have been made at least 
 uiuler a presumed authority from the Secretary 
 of State, and as considerable time has now 
 elapsed since the parties were put in possession 
 of the Lands, I should much regret to be com- 
 jiolled to disturb that settlement, or to dispossess 
 the Clergy of the Church of England of the 
 Lands which have been assigned fur their main- 
 tenance. 
 
 Should the legal right now appear to the Law 
 Oflicers of the Crown to be indefeasible, no prac- 
 tical question will, of course, remain for the de- 
 cision of the Government ; liut, even on the con- 
 trary supposition, I feel that, with the corcur- 
 rence of the Local Legislature, the Endowments 
 which have actually been made might he ratified 
 in connexion with some general scheme for the 
 future appropriation of i,he Clergy Reserves, 
 which would satisfy the reasonable claims of 
 other denominations of Christians. As a basis of 
 such a settlement I would propose that, under 
 the peculiar circumstances of the case, the right 
 of the Church of England to the Endowments of 
 January, 1836, should be acknowledged and rati- 
 tic'd. I would further suggest that tiiis measure 
 shnuld be accompanied by a Legislative declara-! 
 tion that the entablishment and endowment of! 
 J^.ectorifjs iti the Province shall not be construed} 
 to confer any right to exer;;ige any Ecclcsiasticalj 
 <n Spiritual power whatever, "except over the! 
 Members of the Church of England." I quote 
 
 thoae vords from t^ie Besolultjons of the AsBesiblT 
 of the 9th of Fabina(ry.OL637, to wTiich I have 
 already referred, T^hafc House, indeed, propoeies 
 that this declamtion* eHould proceed, not from tfje 
 Local iiepislature, but froin Parliatncn^ But I 
 conceive that, if the arrangehiant I suggest should 
 meet with general abceptance, thero will be no 
 difiiculty in obtaining an Act of general Assem- 
 bly for the purpose, and that the interference of 
 Pailiament in the internal afiau» of the Province 
 may thus be avoided. 
 
 In the next place, I have to refer you to my 
 Despatch to Sir F. Head of the 7th of September, 
 No. 231, in which, and in the enclosures accom- 
 panying it, will be found an explanation of the 
 syptem established on my advice by His late 
 Majesty for providing for the religious instruction 
 of the inhabitants of the Australian lonies, I 
 do not here enter into the details of it measure, 
 with which you are already familiar, but I con- 
 tine mvself to the statement thnt the general 
 principle of it is, thr.t the contiilnitions of the 
 State towards the support of the difTerent Chris- 
 tian communions should be regulated by the ex- 
 tent of the voluntary etTorts which the Members 
 of each should make' for' the promotion of the 
 same general end. Of the success of that plan in 
 N"ew South Wales I have the most satisfactory 
 proofs. The result in that Colony, even during 
 the short period which has elapsed since the pro- 
 visions of this moasuru have t)een in operation, 
 lias been greatly to increase the spontaneous ex- 
 ertions of the various dcnominationsof Christians, 
 the number of Ministers, and the means applica- 
 ble to the general difFiision of Christian instruc- 
 tion. If the Clergy Reserves irif Upper Canada 
 should be converted into a fund subject to a sim- 
 ilar appropriation, I pevceive no reason to doubt 
 of a corresponding result. If, by the adoption 
 of this scheme, with any modifications which tho 
 knowledge possessed by the Local Legislature of 
 tho circumstances of the Province, and the com- 
 parative numbers of tho religious denominations 
 existing in it, may suggest, concord and a mutual 
 good understnncfing could be restored amongst 
 the ditFerent Christian societies existing in Upper 
 Canada, an object of the highest importance 
 would be attained. We should have closed a 
 controversy hostile to the general peace of Her 
 Majesty's subjects inhabiting that part of Her 
 dominions, and should have brought to an end a 
 debate painful to every one who is justly alive to 
 the interests of the Curistian faith, which we all 
 acknowledge and profess under various forms of 
 Ecclesiastical Government. 
 
 You are, therefore, authorized to convey these 
 or any other suggnstions whicli you consider bet- 
 ter adapted to efti^ct tlie olrject in view, to the 
 Legislative Council and House of Assembly, in 
 whatever manner miy be nicLst consistent with 
 constitutional imins and with a careful respect 
 for their rights and privileges ; and I earnestly 
 hope that they will cordially co-operate with Her 
 Majesty's Government and with yourself in the 
 adoption of Buch measures, with reforcnco to this 
 
f^ 
 
 50 
 
 ...jW«, aB' Tirill most offoctitally con-lqu«eiion Under thn review of tho highest (ircessi* 
 J x^^t ^i-i_-.. «^» .. ' j,j«||jpral authority, whiclj has alrondy been uf- 
 
 fdjlled to tho CJergy of tlio Cliurch of England •, 
 but as thei-b is littlo prospect of any such fact or 
 argumont being nowilicited, .1 should rejoice to- 
 beliuve that the diflcu8»iuii is finally closed. * I 
 trust that the effortB which you lui've been in- 
 structed to make for the adjustment of tho ques- 
 tion of the Clergy Reserves, will tend to that 
 result. 
 
 I have, Aq., 
 
 (Signed) . GLENELG. 
 
 dace to tlie adTancem^ifiMf the ber* Iriterestii of 
 all classes of Her Maj«^* mbjoc^i in the Pro 
 Tince. "" * 
 
 I have, «tc., 
 
 (Signed) 
 
 GLEITELO. 
 
 No. 10, 
 (No. 20.) 
 
 Copy of a Despatch from Lord Qlenelg to Mnjor 
 General Sir George Arthur, K. C. H., Lieut- 
 enant Governor of Upper Canada. 
 
 Downing Street, 
 9th February. 1838, 
 
 Sir,— Referring to the Despatches cnunicrated 
 in the margin on the subject of tlie lioctories es- 
 tablished in Upper CiiHaun, under an order made 
 by Lieutenant Governor Sir John Colborno with 
 the advice of the Executive Council, in the year 
 1836, I have now the honour to transmit for your 
 information a copy of a further report wliich has 
 reached me from the Queen's Advocate, and from 
 Her Majesty's Attorney and Solicitor General 
 You will perceive tliat, adverting to the facts now 
 for the first time brought under their notice, they 
 affirm the validity of the endowments in point of 
 law, while they continue to maintain tlio insufli- 
 ciency of the authority to M-]iich alone tho order 
 itself referred as the foundation of the measure. 
 
 I regret that the teal basis on wliich the Act 
 proceeded was not communicated to mo in an- 
 swer to my first demand for explanation on tlie 
 subject, in which case this discussion would havi- 
 been saved. 
 
 The legal right beinij now established, no fur- 
 ther question respecting them can remain for 
 the consideration of Her Majesty's Government. 
 
 The Synod of the Scots Church in L'pper Can 
 
 . (A.) 
 
 Downmg Street, 
 mih December, 1837. 
 Sir, — I have the honour herewith to transmit to 
 you certain documents which I referred to you 
 on the 12lh of April last, on the subject of cue 
 endowment of certain Rectories in the Province 
 f Upper Canada. I also enclose a copy of the 
 rep<)rt made by you r.nd by the Attorney and 
 Solicitor General in answer to tliat reference, with 
 copies of a correspondeiice ■ndiich has since taken 
 place on the subject between myself and tho 
 Lieulet,aiit Governor of Upper Canada ; I also 
 enclose a copy of the commission under which 
 the Government of tlie Province was administer- 
 ed in the month of January 1836, when the order 
 of tho Lieutenant Governor in Council reij^cting 
 those Rectories was made. 
 
 Adverting to these various documents, and es- 
 pecially to tho report of th6 Archdeacon of To- 
 ronto accompaying Sir F. Head's Despatch of 
 
 the 18th of October, I am to request that, in con 
 ciirrenco witli Mr. Attorney and Mr. Solicitor 
 Genera1,you would report to me your and theirjoin t 
 opinion, whether the addition of the material fact 
 ada has, as youaie aware, made the strongest rc-jnow' communicated to you, affects the conclusion 
 presentations against these endowments, and which you and they adopted and reported to rac 
 especially against what they apprehend must fol-jon the "8th of June ; and if so, you will have the 
 
 low, namely, that tho ecclesiastical authority 
 thereby established in tho Parishes created by 
 this measure must affect, not merely the mem- 
 bers of the Church of England, but those also of 
 other religious communions. If this bo really 
 the legal consequence of the measiure, of course 
 the Ministers ot the Crown cannot prevent it. I 
 confess, however, that I do not distinctly under- 
 Bland what is that ecclesiastical nutliority which 
 tho Incumbents of the Church of England have 
 thus acquired, and against which the members of 
 tho Scots Churcii remonstrate ; I am much dis- 
 ]>osed to doubt, whether, in practice or in theory, 
 the fifty-seven Rectories will exercise any auth- 
 ority, sp-ritual or temporal, excepting over 
 those whu may voluntarilv submit themselves to 
 it 
 
 owover, any members of the Scots Church, 
 or ' ny other Ciiristian community, shall insist 
 upoi: .•. arther investigation of the question of 
 law, ai.a shall be able to state any material fact 
 or to suggest any important argument which may 
 hitherto have escaped notice, it, will bo my duty 
 to afford them the same facility for bringing the 
 
 goodness to report to me the answer which you 
 now would give to the questions proposed in my 
 letter of the 12th of April, which I will tran- 
 scribe. 
 
 They were as follow ; namely, 
 
 Fiist. Adverting to the terms of tho Statute 
 31 Geo. 3, Cap. 31, Sec. 36 to 40, and to the terms 
 of the Royal Commission, could the Lieutenant 
 Governor with the advice of the Executive Coun- 
 cil lawfully constitute and erect or endow any 
 Parsonage or Rectory within the Province ■with- 
 out the further signification of^ Her Majesty's 
 pleasure ? 
 
 Secondly. Can Lord Ripon'g Despateh of the 
 .5th April, *1 832, be regarded as signifying His 
 Majesty's pleasure for tlie erection of Parsonages 
 or for the endowment of them, or for either of 
 those purposes ? 
 
 Thirdly. Are the erection and the endowment 
 of the fifty-seven Rectories by Sir J. Colborno 
 vidid and lawful acts ? 
 
 Fourthly. If the preceding questions bo an- 
 swered in tho affirmative, have tlie Rectors of the 
 Parishes so erected and endowed the same eccle- 
 
10 highest ftccessiT 
 already been uf- 
 luich of England ; 
 i any such fact or 
 [ shdiilil rejoice to- 
 finally closed/ I 
 3U huVe been in- 
 ftment of tbo qucs- 
 will tend to that 
 
 •;||'GLENELG. 
 
 ning Street, .< 
 eceinber, 1837. _ 
 c with to transmit tO' 
 I referred to you 
 the subject of cne 
 ries in tlie Province 
 lose a copy of tho 
 the Attorney and 
 that reference, with 
 lich has since taken 
 in myself and tho' 
 lor Canada ; I also 
 ission under ■which 
 ice was administer- 
 836, when the order 
 1 Council re|j^cting 
 
 documents, and os- 
 Archdeacon of To- 
 lead's Despatch of 
 request that, in con- 
 ■ and Mr. Solicitor 
 your and their joint 
 
 of the material fact 
 (Fects the conclusion 
 
 and reported to mo 
 o, yon will have the 
 B answer which you 
 ions proposed in my 
 which 1 will traji- 
 
 nely, 
 
 erms of the Statute 
 ) 40, and to the terms 
 mid the Lieutenant 
 the Executive Coun- 
 erect or endow any 
 the Province •»ith- 
 n of Her Majcsiy's 
 
 n's DespRtch of the 
 as signifying His 
 oction of Parsonages 
 am, or for either of 
 
 and tho endowment 
 by Sir J. Colborno 
 
 ig questions be an- 
 ,v(i tlio Hectors of tho 
 3 wed the same eccle- 
 
 ^f 
 
 «iaBtioftl aiithority witbin tlieir respective iimtts 
 aa is vested in the Hector of a Parish in Engiand, 
 or within what other bounds id that autLojitj 
 restricted ? . 
 
 I have, (fee, 
 
 (Signed) GLENELO. 
 The Queen's Advocate, 
 
 with counterparts to the Attorney General and 
 Solicitor General. 
 
 (B.) 
 XNo.SS.):. 
 Extract of a Despatch from Viscount Godorich 
 to Sir. J. Colborno, dated Downing Street, 
 %^ 2l8t November, 1831 
 
 " With respect to the Clergy Reserves, I have 
 no hettitation whatever in stating that I entirely 
 concur with tho Assembly in thinking that they 
 form a great obstacle to the improvement and 
 settlement of the Province, without being pro 
 ductivo of any corresponding advantage to make 
 up for the inconvenience. During tho forty years 
 the system of making these licserves has existed 
 the total amount of tlie income they have aflbrded 
 has not equalled the expense incurred in thuir 
 management. 
 
 " I find by the Abstract of tho Income and 
 Expenditure of the Corporation for managing the 
 Reserves that the receipts during tho last nine 
 years have not averaged more than £200 a year, 
 and that the whole of these sums liavo bficn ab- 
 sorbed by the expenses of tlio oftlcers of the Cor- 
 poration. It is indeed stated that a considerable 
 number of Leases have been granted, and tiiat n 
 
 J 'early income may be expected from the land so 
 etof £3,3.50, currency ; it appears, however, that 
 this sum is what is calculated upon as the amount 
 of tho rent which ought to be obtaii ,d, not what 
 
 has been actually received ; and I fear tliat when|und according to tho same rules." 
 the expenses of mauageme'nt and collection come 
 to bo deducted, and tho necessary allowance 
 made for bad debts, tho net proceeds would be 
 very considerably reduced; even supposing the 
 nominal rent to be collected it would be but a 
 small sum when compared witli the burdcg in 
 flicted uponthe Colony 
 
 have a direct tendency to render odious the 
 inhabitants those t:)_\yliom their good-wHl and 
 affection aro qQpccuIioiiy needful. 
 
 " Sucii are the considerations by wliich His 
 Majesty's Govemmtsnt have been- influenced in 
 coming to the ioncliision that the retention of the 
 Clergy Reserves in toeir present state is inexpe- 
 dient. It is Bcarcel;^ necessary to protest ngamst 
 this conclusion being construed into an acquies- 
 cence in tho opinion expressed in a petition upon 
 this subject, signed by a considerable number of 
 the inhabitants of t)ie Province, " that any kind 
 of Church Establishment, circumstanced ai Upper 
 Canada is, is essentially anti-pbristian and bane- 
 ful to every interest of humanity." I am con- 
 vinced that this is a sentiment which the great 
 majority of those by whom the petition was 
 signed- would not seriously mean to adopt, and 
 that in their eagerness to get rid of a practical 
 grievance, they have incautiously sanctioned 
 speculative opinion!-, which I have no doubt that 
 upon mature reflection they would . disavow. 
 Helioving this to be the case, I decline to enter 
 into any argument for the purpose of refuting an 
 assertion, the justice of wliich I so entirely deny. 
 [t is sufficient to repeat that His Majesty's Gov- 
 ernment have advised tlie abandonment of the 
 Ile.serv «. for the simple reason that after an ex- 
 perience of forty years they have been found not 
 to answer tlie expectations entertained at the 
 time the system was established, but have en- 
 tailed a heavy burden upon the Province without 
 producing any corresponding advantage. 
 
 " In a separate despatch I have described in 
 detail the inoasuie it will be necessary to adopt 
 for tiie purpose of causing tiiese Reserves to 
 revert into the gcjicral mass of the Crown Estate, 
 when they will be managod by the same officers. 
 
 (C.) 
 (No. 50.— Copy.) 
 
 Downing Street, 21st Nov., 1831. 
 Sir, — In my despatch oi this date, No. 55, I 
 
 liavo announced to you tlie intentions of His Ma- 
 It seems indeed to be[iosty's Oovernraent on the subioct of the Clergy 
 proved by what has been experienced, not onlyjlle.'iervcs in Upper Canada, and have apprized 
 m Canada but in the Australian Colonies, that you tliat I should in a separate dospatcli describe 
 land in countries where so much remains iinap- in detail the measures it would be necessary to 
 
 propriated can only be profitably occupied by 
 those who have the stimulus of personal and pcr- 
 tnanent interest. Hence the income derived from 
 landed property retained in tiio hands of the 
 (^lovernment for any public purpose is trifling 
 compared to the inconvenience it occasions ; the 
 same sum raised in almost any otiier manner 
 would be much less burdensome to the Colony. 
 
 "Under these circnmstances I cannot entcrtaii 
 •a doubt that an end sliould immefiiately be pul 
 to the system of reserving a seventh of the waste 
 
 adojit for tlio purpo.se of causing those Reserves 
 to revert into the general mass of tlie' Crown 
 Estate. I now proceed to execute this pu/pose. 
 The statute 31 Geo. III. cap. 31, sec. 36 to 40, 
 provides for the appro|)riation of' lands for the 
 maintenance of a Protestant Clergy, and for the 
 erection and endowment of Rectories, the pre- 
 sentation of incumlients, and tlic manner in which 
 such incumbents shall lioid tlicir livings. The 
 forty-first section, wliicli immediately follows 
 
 those enactments, is expressed in tho following^ 
 lands in Canada for the support of a Proteetantj words : — 
 Clergy ; that which would be an objectionable! " Provided always, that the several provisions 
 mode of raising a revenue for any public pur|-osejhereinbefore contained respecting the allotment 
 js still more strongly to be condemncil as a j)ro-|an(i appro])riation of lands for tho support of a 
 vision for the ministers of religion, since it musti Protestant Clergy witliin the said Provinces, and 
 
 ■s ! 
 
 ' i 
 
^«* 
 
 ^32 
 
 1 1 
 
 ! I 
 
 ^l\^ 
 
 n 
 
 K > 1 
 
 ppc\,..,t{ tho consUtuting, electing, and en- 
 dow ig I'arsonagos or Kt'ctorios within ll)>/Baitl 
 f'rroviiicea, and uIho lespyqUng tlie presentation 
 of incunibonta or ministers to the same, and aim 
 refipf.ctins? tlie manner in wliich such mcumbentf^ 
 nr tuinistors Hhail liohl and cnjov tho samo, sliali 
 1)0 subject to be varied or ropealed by anj cxprcs)- 
 provisions for that pwi'poscf contained in nnv act 
 or acts which may be passed by the Legislative 
 Council and Aswembly of tho said Provincefe 
 respectively and assented to by His Majesty, 
 his heirs or successors, under tho restriction*- 
 hereinafter provided." 
 
 Tlio forty-second clause then proceeds to enact, 
 that -whenever any act sliall be passed by the 
 Legislative Council and Assembly for any of the 
 before • mentioned pnii)ose«, such act shall, "be- 
 fore any dechiration or signification of the Kinj^'s 
 assent thereto," be laid before both Houses ol 
 Parliament in (.Ireat Britain, and that His Majesty 
 shall not sigtiify his assent until thirty days 
 after the act shall so have been J,laid before the 
 two Houses. 
 
 Subsequently to the date of thiu Act of Parlia- 
 ment the Corporation for the Management of the 
 Clergy ileserve^ was established by a Charfei 
 issued under the Oreat Seal of the Province ; 
 that body have granted Leases of a considerable 
 quantity of land, none of which, as I understand, 
 are raaJo to endure for more than twenty-one 
 years from their re8])ective dates. 
 
 The statute 7*8 Geo. IV. cap. 62, nuthorized 
 the Governors of the Provinces, with the consent 
 of the Executive Council, in pursuance of any 
 instructions which might be issued to them by 
 His Majesty through one of his Principal Secre- 
 taries of State, to sell a part of the Clergy Ke- 
 ■rves, not exceeding one-fourth of tho whole 
 ^..ovided that in no one yeai* more than 100,000 
 . acres were so sold ; the money arising from th 
 sales was to be invested in tho Public Pounds of 
 this Kingdom, and the interest of that investment 
 was declared applicable either to tho improve 
 ment of tho rnsold Reserves or to the purposes 
 for which ihe Reserves were originally made. 
 
 It appears that in pursuance of this statute 
 74,819 acres of the Clergy Reserves have been 
 sold up to the inonth of J.une Ias\ for sums togc 
 ther amounting to £;)0,G.'i7 7s. 6d., currency, and 
 
 that the sum of £ was due by the pur 
 
 chasers, who by the terms of their contracts were 
 liable to the payment of interest. 
 
 In order to accomplish effectually the designs 
 which I have explained in the despntch already 
 referred to, it will hh necessary that so much of 
 the statute 31 Geo. III. cap. 31, as relates to the 
 allotment and appropriation of lands for the sup 
 port of the Protestant Clergy within the Province 
 of Upper Canada should be repealed by an act to 
 be passed by the Council and Assembly in exer- 
 cise of the authority committed to them for tiiat 
 Surpose by the forty-first section of the Act. The 
 ill, if BO passed, must be accompanied by an 
 Address from tho Legislative Conndil and Assem- 
 bly, desiring that it may bo "transmitted to 
 
 KngJand without delay, for tho purposd of being 
 laid before Parliament previously to tho signifl- 
 cation of His Majesty's assent t' •,'i-eto." 
 
 A simple repeal of this part of the Act of 
 1791 would give Birth to some questions of an 
 ombarriising nature, tho discnssion of which it is 
 very desirable to preclude. The.,<|ue8tions which 
 1 anticipate would be, 1st, whether the Reserves 
 already made would vest in his Majesty absolute- 
 ly, or would be held by him upon any trust for 
 tne benefit of tho Protestant Clergy ; 2dly, 
 whether the Leases granted by the Corporation 
 for managing the Reserves would be still subsist- 
 ing ; 3dly, whether the Rent reserved on those 
 Leases would be payable to His Majesty or to 
 tho Corporation ; 4thly, whether the money al- 
 ready raised by Sales under the Act of 1827 
 would rcn)ain applicable or not to tho purposes 
 (expressly declared by that Statute. It might be 
 suggested, as a further doubt, whether the Cor- 
 |)oration would continue in existence, and wheth- 
 er the Powers of Sale given by the Act of 1827 
 wore to be exercised any furtner. The solution 
 of those questions is, however, obvious ; the Cor- 
 poration could not survive the extinction of the 
 object for which it was erected ; tho Power of 
 Sale could not be exercised after the subject of 
 sale viz. tho Clergy Reserves, had ceased as such 
 to exist. 
 
 To meet, however, still more effectually tho two 
 last-mentioned questions, you will, as soon as 
 the Act .shall have been introduced into the As- 
 sembly, intimate to tlie C!cr<T;y Corporation that 
 it is the express desire of His Majesty's Govern- 
 ment that until tho Bill shall have finally paued 
 into a Law, or shall have been finally rejected, 
 ihey do abstain from granting any more Leases 
 of the Clergy Reserves ; I cannot doubt their 
 ready com])linnce, and am most reluctant to 
 reason, even hypothetically, on the contrary sup- 
 position. But as it will be necessary to prevent 
 improvident Leases, which on the haste and ex- 
 citement of tjie moment might be made, you 
 will, in the unfortunate contingency of the Cor- 
 poration persisting in making them, direct tho 
 Attorney General to take such measures as may 
 bo best adapted to bring to trial the validity of 
 the Charter itself. I apprehend that the result 
 nnist be to ascertain that it is void in point of 
 strict Law. But it is impossible to deprecate such 
 a controversy too earnestly, or to contemplate it 
 at all, except as an extreme remedy in a case of 
 extreme importance. 
 
 Whenever the Act shall hare been finally pass- 
 ed the continued existence of the Charter would 
 bo of no practical importance, though it would 
 be on the- whole desirable that tho Charter 
 .should be then surrendered. 
 
 With regard to the continuance of the Power 
 of Sale under the Statute; 7 it 8 Geo. 4. c. G2., 
 yon will immediately signify to t'le Ofiicers em- 
 ployed under that Statute His Majesty's com- 
 mands that they do abstain from acting any 
 further in execution of it after the 30th Juno 
 18J2, and that during the half-year from January 
 
33 
 
 Iflt to that Date the Sales to be mndo iihould not 
 exceed in nun)ber of Acres the iiuinber actuallj' 
 sold iu the preceding half-year. 
 
 The dltHculticu wliich might opnoso or partial- 
 ly fru8trate the execution of the designs of His 
 Majesty's Government being thus obviated, it re- 
 mains to C(inside| what [trovisions the proposed 
 Act of Assembly should contain. 
 
 First, then, it should be enacted, that so ranch 
 of the British Statute of 1791 as relates lo Uie 
 Appropriation of Clergy Reserves shall bo re- 
 
 1)ealed. But as it is unnecessary and would be 
 lighly inconvenient to repeal so much of that 
 Act as relates to the erection and Endowment of 
 Parsonages, it will be fit, in order to obviate the 
 possibility of mistake, that the precise words 
 upon which alone the repeal is to operate should 
 be quoted in the repealing Act. 
 
 Secondly, to remove all doubts as to the effect 
 of the repeal, it should be expressly provided 
 that the reserved Lands should immedi;itoly vest 
 ill His Majesty and be held by him. His Heirs 
 and Successors, in the same manner in every re- 
 spect as if the Provisions to be repealed had 
 never been enacted 
 
 Thirdly, the Leases granted by the Clergy Cor- 
 ^wration should be declared to be as valid as 
 though the repealing Act had not been passed 
 litt the Tenant should be required to attorn to 
 lijs Majesty, and to pay their Rents to Him, or 
 to the Receivers of His Land Revenue in the 
 Province 
 
 Fourthly, all Sales effected, and all Acts done 
 under the Statute 7 <fe 8 Geo. 4 Cap. 62., should 
 be declared as valid as though the repealing Act 
 had not been passed. 
 
 Fifthly, the only additional Provision, the 
 necessity of which 1 can anticipate, would be an 
 enactment declaring that henceforward no grant 
 of Lands wherever made shall be deemed invalii: 
 or ineffectual, by reason of the absence of a 
 
 Specification of the Clergy Reserves appropviat-j Majesty's Cominandsto make the following Com- 
 cd in respect of such grant. 
 
 ous M I am to relieve you to the utmost poasiblo 
 extent from Responsibility upon au occasibu of 
 so much gravity and iuipoitatico, \ encloso ta 
 you the copy of a message to bo transmitted ia 
 His Majesty's Name to both of the Houses of the 
 I'rovincialLegislaturo. 
 
 The same motive induces mo to transmit to 
 you the draft of a Bill, which lias been pr(!purod 
 under my direction, for carrying tlie views of 
 His Majesty's Government into effect. Without 
 intending to fetter the discretion of llio Law 
 Officers of your Govornraent. I must express my 
 earnest wish that the Bill might bo introduced 
 in terms corresponding as closely as possiblo 
 with those of the accompanying drafi. 
 
 I am pot sufficiently conversant with the usages 
 of the Canadian Assembly to venture to pre- 
 scribe anything respecting the manner in which 
 this Bill should be brought forward. If I am not 
 misled by the analogy ot T!iigligh Parlinin-'iitary 
 Proceedings, I tilididd desire that the Act miiy be 
 introduced to iho notice of the Assembly by the 
 Attorney General, or if he has not a seat in that 
 bouse, tlien by any official member in whose 
 ability and discretion you can place adequate 
 confidence. L^liould the Law jiass, in any horm, 
 you will neither give nor reluso your consent, 
 l)Ut will reserve the Bill for tlie signification of 
 His Majesty's pleasure. Indeed 1 concei'o that 
 to be tho proper course of ])roceeding iu every 
 case in which an Act of the Canadas is required 
 to be laid before the Two Houses of Parliament. 
 
 I have, Ac, 
 (Signed) Godeeicu. 
 
 Lieut. General Sir John Colborne, k. c. n. 
 &c. &c. &c. 
 
 To] 
 
 Draft of a Message to the Legislature of Upper 
 Canada. 
 The Lieutenant Governor has received His 
 
 future grants this of course 
 ous, but it might obviate 
 
 With 
 would 
 Si no 
 
 doubts as to the effect in future of past neglects 
 of this part of the Act of 1791. 
 
 A Provincial Statute embracing these pro- 
 visions, and neither exceeding nor irdling short 
 o' " ' 
 
 reference to tnunication to the Legislative Council [the House 
 be superflu-jof General Assembly], in reference to the Lands 
 inconvenient! which, in pursuance of the Constitutional Act of 
 
 this Province, have been set apart for the support 
 and maintenance of a Protestant Clergy. 
 
 The Repre.seiitations whioli have at different 
 
 times been made to His Majesty and His Royal 
 
 ' them in any material respect, would, I appre-i Predecessors, of tho prejudices sustained by/Hia 
 
 hend, effectually set at rest all the questions re-lfaithful subjects in thi.>5 Province from the ap- 
 
 specting the Clergy lieservcs, to which I have propriation of the Clergy Reserves, have eiigagod 
 
 ndverted in my aceomjianying despatch, except 
 
 in t^e possible, but I trust very improbable event. 
 
 o'' either House of Parliament addressing His 
 
 -lajesty to withhold His Assent That however 
 
 is a contingency against which no security can 
 
 His Majesty's most attentive consideration. His 
 .Majesty has, with no less anxiety, considered how 
 far such an Appropriaticni of Territory is con- 
 ducive either to the temporal welfare of the Min- 
 isters of Helii^ion in tiiis Province, or to their 
 be taken, and upon which it could answer nojspiritualintli.ence. Bound no les-J by his personal 
 practicable purpose to speculate. |feelings than by the sacred oblig.itioiis of that 
 
 It rem.iins to consider what steps should bcl-ilatiou to which Providence has called him to 
 taken in order to bring this question fairly undeij watch over the interests of all the I'rotestant 
 tho notice of the two Brunches of the Provincial;Chuiches within his dominions, his Majesty could 
 
 lever consent to abamion those interests with a 
 
 Bgislati 
 
 purpose 
 
 they should be invited to the consideration of the view to any objects of temporary and apparent 
 question by a mcs,sage from His Majesty, A nxi- expediency. 
 
34 
 
 I- /I 
 
 r '■ 
 
 ' i 
 
 ■( ' 
 
 • IlhMtheieforo btion with iieonliar Batiafnction tlio landH to be there))y granted, and Uiat such 
 tluit, ill tlic result of his iiiqiiirius into tlnu Hiih-luniJs su ullutcd and (ipprojniatod >>}i()uld ho, a» 
 ject, His Majesty ) I us fuurui that the clmiiL'cs nearly U9 the circumstanccH and nature of tbo 
 sought for bv so laryo a propoi tion of llio inhuoi- case would admit, of the like quality as the lands 
 tauts of the Vrovince may be cariiod into effect, in reMioct of which the xanie Huould bo so alloted 
 ■without sacrificing the just claiius of the Eslub- and appropriated, and should be, as nearly as the 
 lishod Churches of England and Scotland. The same could be estimated at the time of making 
 waste lands which have been set apart as a j)ro-uuch grant, equal in value to the seventh part of 
 Tision for tiie Clerjjy of those venerable bodies the land so granted ; aiul it was thereby further 
 have Iiitherlo yielded no disposablo revenue. The enacted, that all and every the rents, profits, or 
 period at which t'liey might reasonably be ex- eu)oliiaients which might at any time arise from 
 
 Eected to become more pioductivo is still remote, such lands so allotted and anproj)riated as afore- 
 [is Majesty has solid grounds for entertaining sai<l should bo applicable solely to the mainten- 
 the hope, that before tlie arrival of that period, itaiice and suppoit of a Protestant Clergy within 
 may be found piaclicable to afford tlie Clergy of the Province in whicli tiie same should be silu- 
 those Churches (luch a reasonable and moderate ated, and to no other use or purpose whatever : 
 provision as may bo necessary for enabling them And whoreas in puisuance of tne said statute 
 properly to discuarge their sacred functions. divers tracts of land within this Province have 
 His Majeaty therefore invites the Legislative boon aliotod and appropriated for the support 
 Council [the House of General AsscmblyJ of and niaintemmce of the Protestant Clergy within 
 Uppnr Canada .o consider how the powers given the same : And whereas by certain Letters Pa- 
 to the Provinciil Legislature by tlte constitution- tent under the Great Seal of this Province, bear- 
 ,al act, to vary or repeul this part of its provisions, ing date tho day in tho 
 can be called into e.vercise most advantageously Year Ills said late Majesty Iting 
 for the spirituil and teiiiporal interests of liis George the Third did constitule A. B. and CD., 
 faithful subjects in ihis Prdvince. and tlicir successors to bo a body corporate : And 
 (Signed) GODEHICH. iwhereas the said cor])oration have, 'k pursuance 
 of the powers so vested in thcni as aforesaid, do- 
 Draft of a Bil!'. to be laid before tho Legislature mised various parts of tlie said Clergy Reserves 
 of Upper Canada. witliin this Province to divers persons for terms 
 Whereas by an Act pasfsed in the Purliatnont of years by leases in the name and under tho seal 
 of Great Britain in the thirty-first year of the of the said Corpuiation, in which leases divers 
 reign of His la'.e ^Majesty King George the Tliird,. sums have been reserved and made payable as 
 intituled, "An Act to repeal certain j)arts of an by way of rent : And whereas by a certain Act 
 Act passed in the fourteenth year !'♦' His Majes-oi' the Parliament of the United Kingdom of 
 ty's reign, intituled 'An Act for making more (^reat Britain and Ireland, passed in the 7th and 
 eflfectual provision for the Ciovernment of the.8tli year of liie reign of his late Majesty King 
 Prov'- ,0 of Quehec in North America,' and to George tho Fourth, intituled " An Act to autho- 
 make furtlier provision for the Government of the rizo tho sale of a part of tlie Clergy Uesorves in 
 said Province," it was amoni,'st other things en-'the Provinces of Upper and Lower Canada," it 
 acted, that it should and might be hiwful for His is enacted, " that it sliall and may be lawful for 
 said late Majesty, His Heirs and Successors, to the Governor and Lieutenant Governor, or officer 
 authorize the Governor or Lieutenant GovernorladminiHtering the (^ove atnont of the said Pro- 
 of each of tiie said Provinces res|u;clively, or the'vinces or cither of them, with tho consent of the 
 person administering tlie (loveinnieut llierein, to Executive Council up])oiiited within such Pro- 
 make from and out of tiie lands of the Crownlvince for tiie all'aiitj thereof, in pursuance ef any 
 within such Provinces such allotment and appro-;inslructions which may bo issued to sudi Gover- 
 priation of lands for tlie support and mainteua!'.ce|nor, Lieutcn.'iDt (Jovernor.or other officer as afore- 
 of a Protestant Clergy within tiie same as may ;said by His Majesty, through one of His Princi- 
 bear a due proportion to the amount tifsuch huitfs'pal Secrelaiies of State, to sell, alienate, and con- 
 ■withiu tiie same as iiad at any time lieen granteii:vey in fee sim])le, or for any less estate or inter- 
 by or under theautlioriiy of his said late Majesty; est, a jiart of tlie said Cler^'v lioserves in each of 
 and tlia: whenever any grant, of lands within the said Provinces (not e;aeeding in eiliier Pro- 
 oither of the said Provinces sliould llieioafter be vince one fourth of the IJescrves within sucli 
 made by or under llie authority of His M;ijefj|y,ipro\inoe,) upon, under, and sulject to such con« 
 His Heirs or Successors, there sliould at tliesanieiditions, jirovisoes, and regulations as His Majes- 
 time be made, in respect of the same, a propor-jty, by any such instructi>'MS as aforesaid, shall be 
 tionable allotment and appro|)riation of lands foiipleiiscd to direct and ;ippoint ; jirovided neverthe- 
 the above-mentioned jiurpose within the Town-Jes.-, that the quantity of lliesaid Clergy lleser ■> 
 uliip or Parish to which such lands so to be granted so to be sold as afoiesaid in any one year la 
 should appertain or be annexed, or as nearly ad- (iither of the said I'mviiices shall r iu the 
 jkcent thereto as circumstances would admit ; and whole exceed 100,000 acres ; provide<l also, that 
 that no such grant should be valid or effectuallihe monicf; to arise by or to bo produced from 
 \inless the same should contain a specification oflany such ^yiIo or sales shall be ]iait. over to such 
 the laudfe so allotted or a])propriutcd in re.-^pcctof ollicer or oiiiters of liis Miijesly'b Kevenue with- 
 
35 
 
 that 8uc1> 
 luld be, at* 
 lire of tbo 
 M the lands 
 i 80 alloted 
 [iurly nstho 
 of making 
 nth part oi 
 by further 
 
 profitH, OP 
 arise froia 
 d as afore- 
 i niamteii- 
 rgy ■\vithiu 
 d be situ- 
 
 ■whatover : 
 aid statute 
 vincB have 
 .he mipport 
 orgy within 
 Letters Pa- 
 vinco, bear- 
 ill the 
 ijosty King 
 \. and 0. D., 
 :)onite : And 
 t pursuance 
 foresaid, do- 
 j;y Reserves 
 H for terras 
 ndor the seal 
 eases divers 
 
 payable as 
 curtain Act 
 Kingdom of 
 the 7 th and 
 lajesty King 
 ct to autho- 
 
 Rcsorves in 
 
 Canada," it 
 JO lawful for 
 [lor, cr officer 
 le said Pro- 
 onsent of the 
 u such Pro- 
 lance ef any 
 ) such Gover- 
 Ticer asafore- 
 t' His Princi- 
 late, and con - 
 tate or inter- 
 es in each of 
 u either Pro- 
 
 within audi 
 
 to such con* 
 s His Maies- 
 csaid, shall bo 
 clod nevorthe- 
 iergy lleser > 
 
 one year in 
 11 1 ill the 
 led also, that 
 roduced from 
 
 over to such 
 Llevcnue with- 
 
 in the Haid Provhicea respectively n« His Majesty 
 shall be pleased to appoint to receive the same, 
 and shall by sucli officer or officers he invested; 
 in the public funds of llio United Kingdono of 
 Great i3ritain and Ireland in such inanne|- andj 
 form as His Majesty sliall from tiiiio to liuio bo 
 pleased to direct; provided also, that the dividends 
 and interest accrujng from such public funds so 
 to be purchased shall be appropriated, applied, 
 and disposed of for the improvement of the re- 
 maining' part of the s^id Clergy Reserves, or 
 othenvise for the iiur|)oses for which the said 
 lands were so reserved as aforesaid, and for iio| 
 other purpose whatsoever, save only as far qs; 
 may be neceH«ary to apjily the same or any j)art 
 thereof in or towaids defraying the expenses of| 
 or attendant tipon any such sale or sales asature- 
 said i and whirli appropriations sliall Ik; so mailc' 
 in such manner and form and for such speciali 
 purposes as His Majesty from time to time siiali 
 approve and direct;" And whereas in pnrsuaiicc| 
 of the said Inst recited Act the Lieutenant Gover- 
 nor for the time being of this Province, with the 
 consent of tlie Executive Council, hatli, in jnuhu- 
 ance of instructions for that purpose issued by 
 His late Majesty King George the Fourtli through 
 one of His Principal Secretaries of Stale, effected 
 sales of divers parts oi ihe said Clergy Reserves : 
 And whereas by an address to both Housas of 
 the^ Provincial Legislature, bearing date on the 
 day of last. Major Gen- 
 
 eral Sir. lohn Colborne, Kniglit, Commander of 
 the most Honourablo JliliJary Order of tlto Batli, 
 did signify to both of the Houses of the Provincial 
 Legislature His Majesty's most gracious invitation 
 to consider liow the powers given to tiie Provincial 
 Legislature by tlie Constitutional Act to carry or 
 repeal that part of its provisioiKS whir], relates to 
 the lands alloted and appropriated in fliis Pro- 
 vince for the support and maintenance of a Pro- 
 testant Clergy could be called into exercise most 
 advantageously for the spiritual aiul tenporal in- 
 terests of His Majesty's faithful subjects in this 
 Province : Now therefore, be it and it is hereby 
 enacted, ifec, that so much as is hereinbefore re- 
 cited of the said Act of the British Parliament so 
 passed as aforesaid in the lUst year of the reign 
 of His said late Majesty Kin^r George the Third 
 shall be and the same is hereby repealed. 
 
 And be it further enacted, That fnjm hence- 
 fortli no grant heretofore made by or on the be- 
 half ot His Majesty or any of his Royal predeces- 
 sors of any lamls situate within this Province 
 shall be or be deemed invalid or ineffectual, or be 
 liable to b(#imj)eached, vacated, or set aside, by 
 reason tluit any such grant did not contain aspo- 
 eitication of the lands alloted or appropriated ibi' 
 the support and uiaintenaBco of a Protestant 
 <~'lergy in respect of the lands thereby granted, 
 I I, every giant t-if lands within this Province 
 heretofrre made by or on the behalf of His Majesty 
 or any u. His Royal predeces.-ors ,iii which any 
 such specification may have been omitted shall 
 lienceforth be- and shall be deemed and taken 
 from the day of the date thereof to have been a.^ 
 
 E 
 
 valid and effectual in the law m tJiOH/fh 
 grant had contained the specification a''oro8r id. 
 
 And bo it further enacted, that oil lands here- 
 tofore appropriated within this Province for the 
 kupport and maintenance of a Protestant Cletj^y 
 now remaining unsold shall be and the same aru 
 hen'by declared to be vested in His Majesty, His 
 Heirs and Successors, as of hw and thei'- original 
 estate, absolutely discharged from all trust for or 
 for the benefit of a Protestant Clergy, and of and 
 from ftll and every the clnims aii<l demands of 
 such Clergy upon or in respect of tlie same. 
 
 And be i*^ further enacted, that all and every 
 the tenants or tenant of the lands so demised as 
 afoiefinid by the said C'-rporation shall and they 
 each of them are and is hereby rerpiircd to attorn, 
 ■ md during the remainder of the terms by sucli 
 'o^pective leases granted to pay the rents thereby 
 respecti\ely reserved to His Majesty, His Heirs 
 iiml Successors, or to such parson as shall by His 
 Majesty, His Heirs and Successors, or by the Lords 
 Comiiiii.;siouers of His Majesty's Treasury for tlio 
 time being, be appoiiiti'd to leceivo the .same. 
 
 Provided always, and belt further enacted, that 
 nothing herein contained sliall take away orafFecti, 
 or be construed to take away or afhu-t, tlie right 
 or title of any ])erson orpersfuis in or to any lands 
 wliifth may by any such person or persons be 
 liolden or enjoyed, or which any such person or 
 persons may claim to hoi ' '■r enjoy, by virtue of 
 any sale, alienation, conveyance, or contract made, 
 excepted, or entered into in jiursuance of tho 
 above-recited act of Parliament passed in the 
 seventh and eiglit year of his said late Majesty's 
 •eign, but thatevery sucli sale, alit^iation, or con- 
 tract shall bo as valid and effectual in the law, 
 and shall henceforth have and continue to have 
 tho same force, virtue, and etieet, asif thispresent 
 act had not been made. 
 
 (E.) 
 
 (Confidential.) 
 
 Downing Street, 5th April, 183,^. 
 Srn,— In my Despatch, No. 57, of the- 21st 
 November 18ol, I authorized you to apply in the 
 year 18.'t2, towards the maintenance of the Bishop 
 and other ^Ministers of the Church of England 
 in Upjier Canada, £5,000 out of the. Casual 
 land Territorial Revemie of that Province; and I 
 estimated that tho resources availalile to the 
 same object from Provincial Funds by Law 
 applicable to it would amount to about £1,000 
 making in the whole a sum of £(i,000. 1 di- 
 K^cted you at the same time to divide tho sum 
 into three parts, whereof one. amounting to 
 £1,500 was to be j'aid to the Bishop, another, 
 amounting to nearly £1,000, to the Two Arch- 
 deacons of York ai:d King-^ton, and the third, of 
 £3500, in aid of those payments which the So- 
 ciety for the propagation of the Gosjiel in For- 
 eign 'parts is in the habit of making to the Minis- 
 ters of the ( 'lunch of Enghiiid who are denom- 
 inated Mi.ssronaries. You liavo since been iii- 
 foriTied by me in ray Despatch, No. 62, of 'the 
 30th of March last, that Ilis Majesty's Govern- 
 
 I 
 
36 
 
 r > 
 
 bnvo iKterrnined to call upon Parliament 
 o vt te, du iiig the Life of the JHnlion, the whole 
 of Ir'fl incutnu. Tlio charge tliorufore for the 
 loaintinaiico of th» Olcrgy for the yonr 1632 will 
 bu re<liioed from £G()00to £450U. I have Mliice 
 luunied Iroin your private letter of the 16th of 
 February, that tlte rcso'irces derivable from tlie 
 funds 8et apart for this object will considerably 
 exceed the amount at which, judging from tht 
 inanimation in my poHsexMion, I had ventured to 
 rate them. It now appeals that the inteient upon 
 instalmcutB to be paid in 1832, upon Uescrvos 
 nntecedontly purchased, will amount to £130U 
 and that the net produce of the Heiitt of Clergy 
 Lands leased will not be less than £230U. To 
 these two §uiii8 will be to be added the interest 
 upon the purchase money of tlicse Reserves 
 vested in our funds, which will amount to about 
 £300. Tlie total of these items will be £3800 
 instead of £1000 al^which I hadesiinintod them ; 
 and if to this total there be added liom the 
 casual and territorial revenue £1000 inakiiig in 
 the whole £4800, there will be abundant Means 
 of niictiiig all the demands for salaries, includ 
 iiig the two Archdeacons, for which 1 had intend 
 ed to provide. A question tiiAeforo naturally 
 arises, an to the most advantageous mode of dis 
 posing of the £4000 to be taken out of the casual 
 and territorial revenue, which had been destined 
 to this particular service, and which will no long 
 er be required for that purpose. I iiuve consider 
 ed with great attention the observations contain 
 ed in ywv private letter of the 16th of February, 
 and the ])ropo8itions which result from them 
 and I am hupp>^to find that your practical views, 
 founded upon ])ersoi!al knowledge and experi- 
 ence, ar(3 so coincident with those which upon a 
 more speculative view I had been led to enter- 
 tain. I quite concur with yon in thinking thai 
 llie greatest benefit to the Church of England 
 would be derived from applying a portion at 
 least- of the funds under tl:e control of the Ex- 
 ecutive Government in tlie building of Rectories 
 and Churches, and I would add, in preparing, as 
 far as may be, for profitable occupation that 
 moderate jiortion of Land which you propose to 
 •a.s8ign in each Township or I'arisii for increasing 
 
 Chapcla, and aoiBe oven for the l^fethodiitM, par- 
 ticularly tliat portion of them who may bu in 
 cumDiunion with thoWesleynn Methodists o/ this 
 country. It is obviously impossible to think of 
 aiding every subdivision of^Keligionists, whontj 
 varieties are too indefinite to enumerate ; and J 
 feel that even witli respect to those closseH to 
 which 1 have alluded I cannot well undertake to 
 prescribe to you from henco the exact proportion 
 of nasistance which it might be fit to grant to 
 each. £4000 in the whole will bo disposable, 
 and I willingly leave it to your discretion to 
 decide as to the proportionate'distribution of that 
 sum. I am well aware that in the execution of 
 this duty you will have to steer a difiicuH course, 
 and that it will require nosnutlltact to determine 
 by what practical means those important objects 
 can best ue attained ; the diffusion of religious 
 feelings and motives of conduct is the great point 
 to be aimed at, and His Majesty's governnu nl 
 must naturally feel anxious that these should be 
 as extensively as possible in unison with the 
 Established Church of .this Country ; but it can- 
 not be forgotien that the condition of Society in 
 such a country as Upper Canada presents ilitfi- 
 culties in the pursuit of this object which are 
 very serious, nnd that a state of religious peace 
 is above all things essential in establishing in the 
 minds of tlie people the eflicacy of religious 
 principles. Whilst, tiierefore, I admit wiiiiout 
 reserve my own extreme onxioty for the widest 
 extension of the Church of 'England in Upper 
 Canada, I feel it to bo scarctly less important 
 earnestly to urge the inexpediency of seeking 
 to promote that great object by aiming at tht 
 xclusion or repression of other Chnrclies. 
 
 I communicate to you these sentiments on tlic 
 part of the King's Gdvernment, with an entire 
 reliance upon your judgment and coincidence of 
 views ; and tho i)reeent temper of the majority of 
 the House of Assembly, together with the in- 
 creasing prosperity and general trai.quility of the 
 Province, encourage me to entertain a sjinguine 
 hope that the present opportunity, if wiwuly and 
 juuiciously used, may lead to the most important 
 and beneficial results. 
 
 I have, Ac, 
 the future comfort, if not the complete mainto-j (Signed) Goderich. 
 
 nance, of the Hectors. With this view it appears Lieut. Gen. fcjir John Oolborne, k. o. b., 
 to me that it v<rould be most desirable to make a <tc. ■ix. <<;.•. 
 
 beginning in this salutary work by a.ssigning toj P. S. Upnnapolni; so importarit as the dis- 
 it a portion, at least, of the £4000 to which Itribution of the £4.00 referred to in this Dcs- 
 have before alluded, as being no longer required^p(\tch, I should wish no actual step to bo taken, 
 (during tlio present year at all events) for the until I shall have had an opportunity of con- 
 paynieni of clerical salaries. 1 say a portion of sidering any suggestions which you may have to 
 this sum, because I am led to think that it would|offer upon the subject, which I trust I may re- 
 be expedient, with a view to prevent jealousy;ccive at as early a period as may be. convenient 
 and attempts at interference with this Territorialjfor you to favor me with them. 
 
 fund to permit some part of it to bo disposed ofi '■ — 
 
 for religious objects generally, without reference! (F.) 
 
 to the particular modes of belief which certain'(Copy.) 
 
 classes of the community may entertain. Soinej William R. 
 
 of it mi^ht, for instance, be applied to Churches Our will and pleasure is, that you prepare a Bill 
 
 for the Presbyterians, some for Roman CatholicI for our Royal Signature, to pass our Great Seal 
 
T 
 
 xliiitM, par- 
 may bu in 
 JiHtso/ tlii« 
 o think <if 
 ists, whoHc 
 ite ; and J 
 
 ) clOMMiH tu 
 
 ndortuku to 
 t proportion 
 o graiit io 
 
 dispoHable, 
 iscrelion lo 
 ition of that 
 ixcciition «»f 
 icuU course, 
 :o detorrniiio 
 tant obji'Cts 
 
 of rehgiouH 
 t great point 
 govern imnl 
 o Hhouid be 
 m with the 
 ; but it can- 
 if Society in 
 •esents uitii- 
 t wliich are 
 igiouB peaci" 
 ishing in thu 
 
 of religious 
 mit without 
 • tlio widest 
 nd in Upper 
 Ma inipoitaiit 
 f of seeking 
 iming at tht 
 rches. 
 
 inuiils on tlie 
 th an entire 
 incidence of 
 le majority of 
 with tliB in- 
 quilityof tlio 
 a BJUiguine 
 f wis'jly mid 
 ost important 
 
 Af., 
 
 GuPEIlICH. 
 B., 
 
 t as the dis- 
 in this Dc8- 
 to be taken, 
 inity of con- 
 i inay have to 
 ist I may re- 
 je convenient 
 
 irepare a Bill 
 our Great Seal 
 
 37 
 
 of onr ITnitod Kingdom of Great Britain andvincR of Qii«boc ; anil the Province t«f*Lower' 
 Irt'land. in the wordn or to the effect fcdlow-Cannda toconiprebond all such i^ands, To/r/toi *>, 
 iuu ; yiz :— and IhIhuiIh lying to tlie KnHiward of tho iaid' 
 
 William the Fmirth, by the Ornco of God of lino of division as were part of our said I'luviuco 
 the United Kingdom of Groat liritain and Ireland of Quebec : And wo iiu liureby require and 
 King, l)cfend*!r of the Kaith, to our right truHly command yon to do and oxecuto nil tilings iii 
 and figiit well-Jiolov d Cousin and Councillordue manner t'>at shull belong to your said coin- 
 Aivhii>8ld Karl of Gosford, grootiiftj, maiid and tho trust we have rojiofMid in you, ac- 
 
 WhereaH we did, by certain Letters patent cording to t)\c Heveral powers [jrovisioim, and 
 bearing date at Westminster tho twentv-fourtlrdircctionH granted or api)ointu<i you by vjitiio of 
 day of November one thousand eight hundred our present commission, and of nti Act piised in 
 and thirty, in the first year of onr lleign, consti- the tliirty-li:st year of the Keign of His lato Ma- 
 ture and appoint our right trusty ami well-be- jesty King Genrge the Third, intituled " An Act 
 loved Matthew Lord Aylmcr, Knight Commanderito repeal certain parts of an Act passed in the 
 of the Most Honorablo Military order of thejfo!irteonfh year of ii is Majesty's Ktign, intituled 
 Hath, Lieutenant General of our Forces, to be" An Art fur maki' g more offurtual provision for 
 Captain General and Goveiiior-in-Chief in and the Governuient of Quebec, in North .\nieiiea," 
 over tho I'rovinces of Upper and Lower Canada uml to make further provision for the Govein- 
 «)uiing our Royal pleasure ; And wheieas we did, ment of llie said l'rovince,"^nil of such instrnc- 
 ))y certain otiier Letters patent, bearing date at tions as are herewitli uiveii to you, or which may 
 Westminster the second day of April in this pre- from time to time be hereafter giv<'n to vuu, in 
 sent yer.r one tiiousand eight hundred and thirty-respect to tho said rroviuces. or either df tliem, 
 tivo, in tho fifth year of our Reign, constitute and by us, iiiuier our Sij^ii Manual and SiL,'net, or by 
 appoint our right trusty and right well-bolove(l|our order in our Privy Council, or through one of 
 Cousin anchCouncillor William Pitt Earl Anihurst'our y)rincipal Secretaries o*' Slate, and aceordiiig 
 lo be our Captain General and Governiir-in-Chief|to such Lasvs as are now in force or shall here- 
 in and over tho Provinces of Upper and Loweiafter be maile and established within our said 
 Capada aforesaid, during our Royal pleasure, andlProvinces of Upper Canada and Lower Canada 
 by the said last-recited Letters patent of the'under and by vutuo of such powers, provisions, 
 twentv-fourth day of November ono thousand and directions as aforesaid : And our will and 
 eight hundred and thirty, as by these said rccited^pleasuro is, that you the said Vichibald Earl of 
 • .fitters respectively, relation being thereunto had, iGosford, as soon as may bo after tlio pub- 
 may more fully and at large appear: NowJication of those our Letters patet.t, do 
 know you, that wo have revoked and determined.'take the oaths appointed to be taken by an Act 
 and by these pr( sents do revoke and tletermine.lpassed in the first year of tlie iieif,'n of King 
 the said recited letters patent of the second daylOeoige the first, intituled " An Act lac,^ furth- 
 of April one thousand eight hundred and tliirty-jcr security of His Majesty's peison and (idvern- 
 five, and every clause, article, and thing thereinlment, and lor the succession of the Crovri in the 
 contained : And further know you, that we, re-|lleirs of the late ' rincss Sophia, beint,' Pidtost- 
 posing especial trust and confidence in the pru-jants, and for eMiniiuishing the hof>es of the pre- 
 dence, courage, and loyalty of you the saidjtended Prince of Wales, and his o|)en and secret 
 Archibald ICarl of Gosjprd, of our especial grace,! Abettors/' as altered and explained by an Act 
 cerlainknowledgo, and mere motion, have thought passed in tho Sixth year of tho Reign of King 
 tit lo constitute and appnint you to be, during ouriGeorge the third, intituled " An Act for altering 
 pleasure, our Captain General and Governor' in-itho oath of Abjuration and the assurance, and 
 Chief in and over our Province of Upper Cana-ifor amending so much of un Act of tho seventh 
 da, and in and over our Province of Lower Ca-'year of Her late Majesty Queen Anne, intituled 
 nada, respectively bounded by a lino to com-j' An Act for the Improvement of the Union of 
 nience at a stone boundary on the North Bank ofihe two Kingdoms,' as after the time therein 
 the Lake Saint Francis at tho Covo West of thcjlimited requires the delivery of reitain lists and 
 Point an Baudot in the limit between the Town- copies therein mentioned to persons indicted of 
 ship of Lancaster and tho Seigneurie of New|High Treason or Misprison of Treas^ " or in 
 Longuevil,, running along the said limit in the|lieu thereof the oath required to be ♦:' \ :i by an 
 direction of Norlh thirty -four d(;grees West to|Act passed in the tenth year of the r;.'!!?!) of His 
 tho westernmost angle of tho said Seignenria of|late Majesty King George tho Fourth, intituled 
 New Louguevil, thence along the North-westernj" An Act for the relief of His Majesty's Roman 
 boundary of the Seigneurie of Vaudreuil run- Catholic subjects," according as the said former 
 ning North twenty-five degrees East until itj Acts ot the said last-mentioned Act shall be ap- 
 strikes tho Ottawas River into the Lake Tornisjplicable to your case ; and likewise that you take 
 Canning, and from the head of the said Lake by'the usual oath for the due execution of the office 
 a line drawn due North until it strikes the bound-iand trust of our Captain General and Governor- 
 niy line of Hudson's Bay; the Province of in-Chief of our said Province of Upper and 
 Upper Canada to comprehend all such Lands, of our said Province of Lower Canada, and 
 Territories, and Islands lying to the Westward of for the due and impartial administration of 
 Uio daid line of division as were part of our Pro-justice ; and further, that you take the nath re- 
 
 -'^ 
 
iipp 
 
 ■p^ 
 
 38 
 
 M^h/, 
 
 quired*tor)e taken by Oov6rnov.a of plantationo, 
 
 toido \"heir i Imost that I'v -cveial Laws lolaliiii; 
 
 ' to trftde and plaiitntions bo duly ob'^ned ; al] 
 
 which said oath* the; Executive Councils of out 
 
 mit the custody thcroof tosucli person or perwns 
 as may be appointed by us for that jiinpose ; And 
 whereas by tho said rt:r't<'(l act jjasced in the thir- 
 ty-iir%t ycar_of the reij, f his late ]\laj('sty King 
 
 said Provinces of Uj)per G;in;ida and Lowoi Ca- (ieorfti the Third, it is cnactocl, that theie sha)! 
 nada respectively, or any three or more of theibo within each of our said provinces of Upper 
 raeiubers of either of thenj, have hereby fulliCanada and Lower Canada respectively, a Legi*. 
 power and authority and are reqinred to admin- lative Council, ttc, and an Assembly to be com-' 
 ister nnlo you, and in ycnr absence to ouriposed and constituted in the manner in the s^d 
 Lieutenant (xovernor, if there bo any npon theiact described ; and that in the said Provinces we, 
 place, all wliich being d".ly- performed you thejour heirs and successors, sliali have power durr 
 said Archibald Earl of Go^ford, or in your ab-ling the continuance of the said act, by and witl^ 
 sence our Lieutenant Governors of our said Pro-Tth* advice and consent of tho said Legislative 
 vinces, or persons administering tho respective Ootincils and Assemblies, to make laws fot the 
 Governraenth therein, shall administer to each of peace, welfare, and good government of the said 
 the members of such Executive Councils as afore- Provinces respoctivelj', such laws not being re- 
 paid such of the said oaths mentioned in the said pugnnnt to the said Act ; and tliat all such Jaws 
 several Acts ns.shalLbe a jiplicable to the case of 
 the individual tn'iin*rvf our said Council talking 
 the same ; and you are also to adndnister to theni 
 the usual Oath for the due execution of theii 
 places and trusts : And whereas we maytintt itishall from time to time appoint to be our Gover 
 
 being passed by the said Legislative Councils and 
 Assemblies and being assented to by us, our 
 heirs and successors, or assented t ) in our name 
 ly 'uch person as we, our heirs and successors, 
 
 convenient for our serxico that" certain oHices or 
 places within our said I'rovincesof Upper Cana- 
 da and lit Lower Canada should be filled by oui 
 Subjects who may profess the Religion of tliv 
 
 nor or Lieutenant Governor of tho said Provincs 
 respectively, or by such person as we, our heirs 
 and successors, shnll from time to time appoint to 
 idminister the government Avitliin the same, are 
 
 Church of Home ; it is therefore our will andjiy the said Act, declared to be, by viit'."- of and 
 pleasure, that in all cases wlieie such porson-tjunder the autliority of the s;iid act, valid and 
 Bhall or may l>o ailmitted into any such office orjinnding to all intents and pur|ioseH whatsoevci 
 place, the oatli jiiesoritied iti >i!ul 'by an Act ofiwithin the said Provinces ; we do hereby give and 
 Parliament passed in the funrteenth year of the'grant nnto you the said Archibald Earl of Gos- 
 Reign of Kii.^ George the Third, inijtuled "Atiifoui full power and authority to issue writs of 
 Act for )naking more etffctual ]irovision f(U', theisumn: ms and election, ami to call together the 
 Government of the Province of (Quebec in Xerthi Legislative Councils and Assemblies of the said 
 America," and also the oath prescribed in andd'iovinces of Upper Canada and of Lower (Janada. 
 by the Act before mentioned, p.T:sed in the tentlijin such manner as is in the said Act anlhorized 
 year of the Reign of His l.ite >.!ajesty Kingiand directed, subject to tho provisions atid regn- 
 George the Fourth, shall be ilul'^ administered unto lations therein contained in that behalf, and 'o 
 them ; and they shall also take the usual oath foijSuch instructions and authorities as shall bo here- 
 the due execution of their places and trusts ro-|with or at any Time hereafter given unto you by 
 spectively : We do furti.er give and grant untojus in that behalf under oilr signet and sign man- 
 you tho said Archibald Earl of Gosfoid fullnal, or by our order in our Privy Council, or 
 power and authority from time to time and at through one of our principal secvetaiies (d' Statv 
 
 any time hereaft .., by yourself, or by any othei 
 to be authorized by you in that behalf, to ad- 
 minister and give such of tho said oalhs in the 
 said seveial Acts contained as .shall be ajipl cable 
 to tlic case of the individual to whom the sane 
 
 And we do lieieby give and grant unto you 
 tho 6ald Archibald Earl of- Gosford full pow- 
 er and autiioviiy to fix the times and places 
 of holding every Se»s;on of tho J;egisla- 
 tive Councils and Assiinblies of our said Pro- 
 
 shall be administered to evc^-y such person and per-jvinces of Upper Canada and Lower Canada, and 
 sons as you shall ihink lit, wlwj shall hold any oflice to prorogue the same fr'::n t..ne to time, and to 
 or place of trust (,;■ pr()fit, or who shall at anVjdissolve the same by proclamation or otherwise, 
 time or times ])ass irto our said Provinces oflsnbjecfc nevertheless to tho regulations, provisions. 
 Upper Canada and of Ij iwer Canada, or shall bw'and direetions of the said last-mentioned Act, and 
 resident o, abiding therein : And wo do herebylto such instructions and authorities as in respect 
 authorize and empower you to keep and use the'of the premises may be herewith or at any time 
 public Seals of our -fid Piovincew of L^pper Ca-ilnieafter j,iven by us unto you under ours'gnetand 
 nada and Lower Canada for sealing all thingsjsign r!'..inual, or by our order in our Privy Cuun- 
 whatsoevtr that shall pass tiu- Seal of our said|Cil, or through one of our Principid Secretaries of 
 Provinces respectively ; and, i.i case of your ab- State : And we do by these presents authorize 
 sence from either of our said Provinces, to de- and empower you tUe sale' Archibah Enrl of 
 liver the same into the chaige and custo(Iy of oin|Gosford, with the advice of il.c l-.xecutive C'cun- 
 Lieutemint Governor, or person administering the'cils appointed by us for tho afr.irs of on.' .said 
 Gover-jnnmt there for the purposes before mention-iProvinces of Upper Canada and Ijower Canada 
 ed, until 'vc shall think in to authorize you, by an respectively, from time to time to form, constir 
 ^nstrament under our Royal Sign Manual, locom- tute, and erect Townships or Parishes within our 
 
 bl^ 
 
 y > 
 
rrr 
 
 iiu-A 
 
 &9 
 
 or persons 
 pose ; And 
 in the thir- 
 ijr^sty King 
 there sbaU 
 s of Upper 
 y, n. Legisr 
 to be con»r' 
 in the s^id 
 uviiices we, 
 power durr 
 y and witlj: 
 Legislative 
 iws iot the 
 of the said 
 )t being re- 
 1 such Taws 
 louncilsand 
 by us, our 
 nour name 
 
 succcsaors, 
 
 our Gover- 
 1 ProvincH 
 3, our heirs 
 ! appoint to 
 le same, are 
 
 iti"^ of and 
 
 valid and 
 whatsoevci 
 by give and 
 arl of GuH- 
 5SU0 writs of 
 together the 
 of flie said 
 wer(vana(if), 
 :t aiilhorized 
 US atid regu- 
 'half, and 'o 
 lall bo here- 
 unto you by 
 d sign man- 
 • Council, or 
 ies of Stato : 
 it unto you 
 \\ full pow- 
 
 and places 
 e Jjegisla- 
 ir said I'ro- 
 Ciinada, and 
 imo, and to 
 ir otherwise, 
 K, provisions, 
 lied Act, and 
 s in respect 
 ■ at any time 
 •uris'gnctand 
 Privy Ccun- 
 ecretaries of 
 its authorize 
 ;xl. Enrl of 
 cutive C( un- 
 
 of 01. ; I- aid 
 wer Canada 
 'orm, consti: 
 )S within our 
 
 said Provinces, and also to constitute and erect 
 within every Township or Parish whicii now i 
 
 or hereafter may bo Corned, constituted, or .^rect- Royal pleasure thereo'' : And wejdo hereby auth- 
 
 you withlioM onr ass'^nt tmm snch bill, 'or that 
 you reserve sucli Uill for the signification of our 
 
 ed within our said Provinces, one or inore''Pai> 
 sonage or Rectory or Parsonages or Rectories, 
 according to the establishinenl of the Church of 
 England; and' from time to titne, by a'l instru- 
 •'ment under the seal of our saifj Provinces, ros- 
 ^pectively, to«ndow every such T'a-jonago orKec- 
 i,Qt'y witii so mucli or such part of the lands so 
 allotted and appropriated as by the last-recit- 
 ,«d Act in that behalf is mcmioned in respect of 
 <iny lands within such Township or Parish which 
 shall have been granted subsequent to the com- 
 mencement of the same Act, or of i-uch lunds as- 
 may have been allotted and appropriated for the 
 saivie purpose by or in virtue of any inS'tructions 
 which may be given by us in rcsjiect of any lands- 
 granted before the comnier.ceniei'.t of tlie last- 
 iinentioned Act, as you, willi the advice of oui 
 said Executive Council of such Prnvinee, shall 
 judge to be expedient uniler the existing cireum- 
 stancos of such ToH'nshi]) or Parish, subject ne- 
 vertheless to such inslructions touching the pre- 
 mises as shall or may be given you by us, inulei 
 our signet fuid sign manual, or by our order in 
 our Privy Coi;i)cil, or ilirough one of our I'rinci- 
 cipal beci'elaries of State : And wo do also by 
 these presei''8 aiitluirize and empower you to pre- 
 sent, subject to the provisions in the atiove men- 
 tioned Acts in that behalf, to every such Parson- 
 age or Rectory, and to every Church, Ciuipel, oi 
 other ecclesiastical benefice, according to the es- 
 tablishment of the Churcii of Ei. gland, within 
 either of our Slid Pro>iiices, an Incumbent oi 
 Minister of tl Church of I'lngland, who sliall 
 have been duly ordained according to the liteso! ( 
 the.fiaid Church, and to sufijily from linie to time 
 f^uch vacancies as may happen of Incumbents or 
 Miuisters of the said Pan-Nonages, Rectories-, 
 Churches, Chapels, or lieneticcs, or any of them 
 respectively: And we dn hereby give and grant 
 unto you the said Archibnld Knvl of Ciosi'ord full 
 power and auth.'r.ity to give warrants under yoni 
 Jiand for tae issuing of public monicji for all jnib- 
 lic services ; and we do particularly i fjiiire you 
 to take care that regular accounts of all receipts 
 and disbursements of such monies be duly ktijit : 
 
 orizo arni empower you to constitute and appoint 
 Judges, and, in cases requisite, CommisHionere of 
 Oyer and Terminer, Justices of the Peace, and 
 other necessary officers and miitislers, in our said 
 Provinces of Lower Canada and Upper Canada, 
 forth'j better admitiistratioii of justice and put- 
 ting tlie laws in oxecution, and to administer or 
 cause to be administered unto them such oath or 
 oaths as are usually taken for tlie due execution 
 and performance of offices and places, and for 
 clearing the tiuth in judicial causes : And wo 
 do hereby give and grant unto you full 
 power and authority, when you shall" sec 
 cause, or sholl juilge any ofTender or 
 offenders in Criminal matters, or for any fines 
 or forfeitures due unto us, fit objects of our mercy, 
 to pardon all such oticnders, and to remit all such 
 offences, fines, and foifeiluieii, tieason and wilful 
 murder only excejitetl ; in whicli casi s you shall 
 likewise have power ufion i xlraordinarv occisioiis, 
 lo grant reprieves to the oOoiideis until and to the 
 intent that our Royal Pleasure mr.y bo made 
 known thereon : Antl .wo do likewise give ami 
 grant un-to ymi full power aiid iUithority, with the 
 advice of our Executive Councils of our said pro- 
 vinces of T'|)i)er Canada and Lower Canada, to 
 grant lands within the said provinces respective- 
 ly ; which said giants are to pass and be sealed 
 with oin' seal of such jirovince, and being entered 
 upon Record by such oflicer or oflieers as shall be 
 appointed thereunto 'shall be good !ind effectual 
 in iaw against us, our l.eirs and successors : And 
 we do hereoy require and command all our off- 
 ers and ministers, civil and milita'y, and all other 
 inhabitants of our said provinces of Upper Canada 
 and JAiwcr Canada, to be obediciit, aidinir, and 
 j^ssisting unto you the said Archibald Karl of 
 Gosford in the execution of this our Commission 
 and of the powers and authorities herein contain- 
 ed : And in case of your death or atsence out of 
 our said Province of Upper Canada or our Pro- 
 vince of Lower Canada, we do by these presents, 
 in either of such cases, gi\e and grant all and 
 singular the powers and aiiiluu'ities herein to you 
 granti.'il to our Lieutei.ant (iovernors for the time 
 
 And we do further give to you the said .Vrcliibald'beiiigof such provinces respectively, or of either 
 Eiitl of Gosford lull |)ower and authority, wheiijof them, as the case maybe, or, in the absence 
 and so often as any bill which lias been passed of any such Lieutenant Governors or Lieutenat.t 
 in the Legislative Council and House of Assem-|Governor, to such person orperso is as we may by 
 bly of either o' our said PrvivincLS 'if Upper Can-jwarrant under our Sign Manual auUiorizse 
 acfa and Lower Canada shall be jiresented nntn'and app"i':l to be the Adininisrratnr of the Gov- 
 you for our Royal assent, to declare, aecoiding toiernnieiit of such Provinces (u-eith(;r of them, such 
 
 your discretion, (but subject iieverthole.ss to the 
 provisions contained in the said recited Act pass- 
 ed in the thirty-first year of the rei;j,n of his late 
 Majesty King George the Third, and subject also 
 to such instructions, directions, and authorities as 
 we shall >ercwith or at any time liertiafter give 
 
 powers and authorities to be by them or him ex- 
 ecuted and enjoyed during our plcnsuro ; but if 
 upon your ileath or absence out of our said ])ro- 
 viiicos of I pi'cr Canada and liower Canada, or 
 either oftliem, lliero be no persun ujion the place. 
 Commissioned and appointed by us to lie our 
 
 il! 
 
 I, 
 
 unto you in that belnilf under our signet aiidsign|Lieutenant Governor, or specially appointed by 
 manual, or by our order in our Pjivy Counri,, orjus to administer the Government within our .sniitl 
 through one of our Principal Secretaries of State,)'; rovinces, our will and pleasure is, that until your 
 that you assent to such bill in our name, or that return from any such absence, or until our further 
 
 ) 
 
40 
 
 mK. 
 
 ' ■■ ' 
 
 ' v:^ 
 
 J -I 
 
 pleasur' hall bo knov<^n, the senior Military offi 
 cer for the time ^einj^ in command of our forces 
 within our said province of Upper Canada or our 
 said province of Lower Canada, as the case may be 
 shall taiie upon him the administration of the 
 government thereof, and shall execute in our said 
 provinces respectively thi ! our comtuipsion and 
 the aforesaid instructions, and the several powei* 
 and authorities therein contained, in the same 
 manner and to all intents and purposes as otlier 
 our Captain General and Qovernor-m-chief should 
 or C!ight to do : And we do hereby give and 
 grant unto you the said Archibald Earl of Gos- 
 ford fuL power and authority, in caso any person 
 or -(^erfjons commissioned or appointed by us to 
 
 "Secondly. Can Lord Ripon's Despatch of 
 the 3rd of April 1832, be rrgarded as signifying 
 His Majesty's pleasure for the erection of Parson* 
 ages or' lor the endowment of them, or for either 
 of those purposes ? 
 
 •'Thirdly. Are the erection and the endowment 
 of the fifiy-seven Rectories by Sir J. Colborne 
 valid and lawful Acts .' 
 
 '"Fourthly. If the preceding questions be an- 
 swered in the affirmative, have the Rectors of the 
 Parishes so erected and endowed the same ecqle- 
 siasiical authority within their respective limits 
 as is vested in the Rector of a Parish in Enj^land, 
 or within what other bounds is that authority re- 
 stricted V In obedience to your Lordship's corn- 
 
 any office or offices within our said provinces ofj'nands, we hi\ve the honour to report that, advert 
 
 U^-per Canada or Lower Canada from which hcjinj? to the various documents, and especially to 
 
 or' they may bo liable to be reiioved by us 8hall;the insiiuclions conlairied in Lord Bathinst's des 
 
 in your opinion be unfit to continue in our service, 
 to suspend such person jt persons from his or 
 their several employments until our plea- 
 sure shall be known. In witness, &c. Witness, 
 <fec. And for so doing, this shall be your warrant. 
 Given at our Court at Windsor this 13tL day oi 
 June 1835, in the fifth year of our reign. 
 By his Majesty's command. 
 
 (Countersigned) Glknblg. 
 
 Doctors Commons, 24th January, 1838. 
 
 My Lord, — We are horoured with your Lord- 
 ship's commands, sisnified i.. your letter of the 
 19th ultimo, transm^'ing certain uucuments which 
 were referred to ub m the 12ih of April last on 
 the subject of the endowment of certain Rectories 
 in the Province of Upper Canada ; also enclosing 
 « c"pyof the rej ort made by us in answer to thai 
 reference, with copies of a correspondence which 
 has since taken place on the subject, between your 
 Lordship and the Lieutenant Governor of Upper 
 Canada ; also enclosmg a copy of the Commission 
 under which the Government of the Province was 
 administered in the month of January 1836, when 
 the order of the Lieutenant Governor in Council 
 respecting those Rectories was made. 
 
 Adverting to these various documents, and 
 especially to the Report of the Archdeacon ot 
 Toronto, ompanying Sir F- Head's despatch of 
 the 18ih of October, your Lordship is pleased to 
 request that we would report our joint opinion, 
 whether the addition of ihe material fact now 
 communicated to us affects the conclusion which 
 we adopted and reported to your Lordship on the 
 8th of June, and if so, that he would leport the 
 answer which we would now give to the ques- 
 tions pro|H>8ed in your Lordship's letter of the 12th 
 of April; viz. 
 
 " First. Adverting to the terms of the Statute 
 31 Geo. 3. Chap 41. Sec. 36 and 40, and to the 
 terms of the Royi 1 Co.nrimission, could the Lieu 
 tenant Governor, with the advice ol the Executive 
 Council, lawfully constiiute and erect or endow 
 pny Parsonage or Rectory within the Province 
 without Ihe luiiher signification of His Majesty's 
 pleasure 1 
 
 patch 10 Sir P. Mail land of the 22d of July 1825, 
 Inferred to in the report of the Archdeacon of York 
 Toronto,) anil also to Ihe terms of the Royal 
 Commission, the wholeof which is now before us, 
 we are of opinion, — 
 
 Ist. That the Lieutenant Governor, with the 
 advice of the Executive Council, could lawfully 
 constitute and erect or endow any Parsonage or 
 Rectory within Ihe Province without the further 
 signification of His Majesty's Pleasure. 
 
 2d. We are o( opinion, that Lord Ripon's des- 
 patch of the 5ih of April 1832 cannot be regarded 
 us signiryiiig His Majesty's pleasure for the erec- 
 tion of Parsonages, or for Ihe endowment of them, 
 or for either of those purposes. 
 
 .3(1. We are of opinion, that the erection or en- 
 dowment of the iifty-seven Rectories by Sir John 
 Colborne are valid and lawful Acts. 
 
 4ih. We are of opinion, that the Rectors of the 
 PerishiS so erected and endowed have the same 
 ecciesit;stical authority within their respective 
 limits as is vested in the Rector of a Parish in 
 England. 
 
 We have, &. 
 
 The Right Hon. Lord Glenelg, &c. 
 
 J. DODSON. 
 
 J. Campbell. 
 
 R. M. R0LF£. 
 
 (No. 11.) 
 
 (No. 41.) 
 Copy of a Despatch from Major General Sir 
 
 George Arthur, K. C. H., Lieutenant Governor 
 
 of Upper Canada, to Lord Glenelg. 
 
 Toronto, 11th July, 1838. 
 
 My Lord, — I have had the honour to receive 
 your Lordship's despatch. No. 20, together with a 
 further report from the Queen's Advocate and Her 
 Majesty's Attorney and Solicitor (General, in addi- 
 tion to that made under the reference of 12th 
 April 1837, upon the validity of the endowment 
 of certain Rectories in thin Province which those 
 learned genttemen, upon the new fact brought 
 under their notice, now affirm. 
 
 I hav« to inform your Lordship, that since my 
 arrival in this country I have been in communi- 
 icution with all the principal persons who have 
 
41 
 
 tpatch of 
 signifying 
 »f Parson- 
 for eitiier 
 
 idowment 
 Colborne 
 
 (IS be an- 
 ors of the 
 me ecQle- 
 ive limits 
 En||land, 
 thorily re- 
 lip's com- 
 at, advert- 
 r>ecially to 
 iiist's des- 
 July 1825, 
 r>n of Yoric 
 Ihe Royal 
 before us, 
 
 with tile 
 
 lawfully 
 
 rsoiiage or 
 
 he further 
 
 pon's des- 
 e regarded 
 r the erec- 
 it of them, 
 
 lion or en- 
 y Sir John 
 
 itors of the 
 
 ; the same 
 
 respective 
 
 a Parish in 
 
 DODSOM. 
 
 Campbell. 
 
 M. ROLFE. 
 
 jfeneral Sir 
 t Governor 
 
 ly, 1838. 
 to receive 
 ither with a 
 ite and Her 
 ral, in addi> 
 ice nf 12th 
 endowment 
 vhich those 
 tct brought 
 
 it since my 
 
 I communi- 
 
 vs'bo have 
 
 taken part in this question, and, after a long con 
 Irrence with the Synod in connection with the 
 Church of Scotland, 1 have addressed that body a 
 letter of which the enclosed is a ropy. 
 
 It is not, however my intention, to defer mea- 
 sures, but at the first meetmg of the Legislature I 
 propose to cause a bill to be introduced for re-in 
 vesting the Lands reserved for the Clergy in the 
 Crown to be applied for religious purpos'ts, and i 
 hiive reason to think it will be carried by a con- 
 siderable majority. 
 
 I have, (See, 
 (Signed) Geo. Arthur. 
 
 The Hight Hon. Lord GleneJg, &c. 
 
 Enclosure referred to in No. 11. 
 Government House, Toronto, 2d July, 1838. 
 Sir, — I have had the honour to receive your let 
 ter of the 22d June, wh-zh I have laid before Ihe 
 Lieutenant Governor, together with your former 
 leiter addressed to Mr. Joseph, in which you state 
 That the Commission of the Synod of the Piesby- 
 terian Church of Canada in connection with the 
 Church of Scotland have appointed certain of their 
 members a deputation to wait upon the Lieutenant 
 Governor, for the purpose of requesting such infor- 
 mal! ^'> as it might be in bis Excellency's powei 
 -, gi . 'specting Ihe intentions of the Colonial 
 *• • tit of giving effect to the admissions 
 v\ hi( a you state hove been so long and so frequentl; 
 made by the Ministers of the Crown in regard to 
 ttieRlghtsof the Church of Scotland in this Colony 
 On the llth ultimo the Lieutenant Governor ar 
 forded the deputation the most unreserved persona 
 explanation ; and I am now to repeat to you, thai 
 it is His Excellency's intention to bring before 
 the Legislature at its next meeting the question 
 of the Clergy Reserves, and his determination to 
 usehis utmost endeavours to have it finally settled, 
 with a due regard to the piesent condition ami 
 future welfare of the Province, and in such a 
 manner as shall be most conducive to the promo- 
 lion of the bests interests of all Her Majesty's 
 tiiibJHcts. 
 
 Governor laid open for your 
 ''If Francis Head's Despatch, 
 <"ii."t of the Honourable and 
 I' icon ol York, together with 
 ' rh had been subaiitted to the 
 ■ C./wn, and the c;;:ioideralioi 
 t li.i' to form the opinion that 
 the erection or endowment o* Ihe Fifty-seven 
 Uectorios by Sir John Colborne aro valid and 
 lawful acts. 
 
 A copy of the ArchdeRcon's Report, which u.e 
 Tiieutenant Governor believes has nlieady been 
 published, will bo t-ausmitted to you in a few 
 days, a copy of Lord Glenelg'H Despatch, with 
 its Enclosure, being the opinion of tlie Law Offi- 
 cers, whi'''' was read at the inte'vicw on the 
 llth infl ; I have the honour now to enclose 
 and witi' it' 'onco lo the several remarks made 
 thereupor > > Cue deputation, i am directed to 
 offer the following observations : — 
 Ibu Tho deputation expressed tliemselve.s not 
 
 The Lieutenant 
 perusal a copy <■ 
 tramsmitting 
 Veneiable the * ■ , 
 other docutr. n 
 Law Officers oi v 
 of '-'hicti had led 
 
 to be convinced of tho soundness Or tb* oi^iji 
 
 of tho Law Ofticera in favour of the leg»li ty ' 
 
 the endowments. 
 
 In furtherance of the kind disposition ma"'" 
 fested by tho Secretary of State, that if you 
 should still feel it right to insist upon the further 
 investi^tion of tliis question of law, and should 
 be able to state any ir«iterial fact or to suggest 
 any irnpo-tant argument which might hitherto 
 have esciipod notice, and would bring the same 
 forward by petition, the Lieuteqj|iit Governor 
 will transmit tlie same to th' Secretary of State ; 
 or, as His Excellency understood your desire was 
 to have a judicial dete'iniuation of the matter, he 
 sees no legal objecLio to your instituting a pro . 
 ceeding iii the Court of Chancery for the repeal 
 of the Patents of Endowment, or in any other 
 manner which you may be advised to adopt in 
 any Court in the Province iv which the question 
 ca" be egally entertained ; from the decision of 
 which Court an Appeal can be had to the Judi- 
 cial Committee of tier Majesty's Privy Council, 
 to which aliusicn is niade, in the Despatch of tho 
 Secretary of State for the Colonies, the 9th of 
 February, 18''8, No. 20. 
 
 If the opinion of the Law Officers had been 
 against the legality of the endowment. His Ex- 
 cellency would probably have directed such a 
 proceeding at the suit of the Crown. But Her 
 Majesty's Government now considering the act 
 legal, tho burden of instituting the suit is una- 
 voidably cast upon those who wish to void the 
 Patents. 
 
 His Excellency is, however, induced to believe 
 that the whole question of the Reserves will be 
 satisfactorily settled without reference to judicial 
 decision. 
 
 2(1. In like manner, if it bo still your desire to 
 have a judicial determination (upon the claims 
 tho Church of Scotland can legally maintain to a 
 participation in the lands reserved under the 
 31 Geo. 3, c. 31, or to the funds arising fron? 
 them), that question also can, upon your petition, 
 be submitted to the Secretarj'- ot St;;te, with tho 
 expression of your wish that it should be re- 
 ferred to the Judicial Committeo of the Privy- 
 Council. 
 
 The Lieutenant Governor liopcs, from this 
 ready acquiescence with the itnidiod wish of the 
 lejjutation, that he gives tho sincerc.st pioiTf in 
 his power of his desire that every justice should 
 be done to your asserted claim ; and it outrht at 
 the same time to satisfy you that Jler Majesty's 
 Government have ^een sincere m their desire to 
 itivestiarate tho question of your rights. 
 
 3d. With respect to your apprehension, from 
 tho establishment of the Rectories, that the Chinch 
 of England will exercise some crclesiastical au- 
 thority, I am to repeat to you, the Li(.'utenant 
 Governor's personal observation, that, in His 
 Excellency's opinion, no objection whatever caa 
 e.xist " to a legislative declaration that the estab- 
 lishment and endowment of Rectories in the 
 Province shall not bo construed to confer any 
 right to exorcise any eccIoaia,stical or spiritual 
 
42 
 
 ,1 
 
 J^'Ver w " "^ ""V except orev tl>« .iiembera of the; increiisin;^ than ollicrwiso, and that I am not met 
 "^"' 'V , E(*gl;)'id," aud «ucli a Tiifl will be by the oj)poi)eiii.s uf the claims of the Church oi 
 
 pJ'aV«e'jl iiDf'oi ;he imlhority of. Her Majesty's 
 '^o/ormnept- 
 
 His Excellency commands me to express his 
 \ery deep regret that tliis coiunrmnication hm^ 
 been bo long delayed, but he trusts that it will 
 yet reach you soon enough for y<jur purpcses at 
 the approaching meetine; of your Synod, and thai 
 you will be nensible o^ his great fcoliciiudo to 
 inform liimgelf fully of the nature and extent of 
 the claims of 'Sll deii°.ninations before he finally 
 directed an answer to be returned to your appli- 
 cation. 
 
 I liave, &c., . jf 
 
 (Signed)" John Mac a vl ay. 
 The Rev. Alexander Gale, 
 
 Moderator of the Synod of Canada. 
 
 . . No. 12. 
 (No. f,4.) 
 Copy of a Dpspatch from Major General Sir Georgf 
 Arthur, K. C. H., Lieutenant Governor si 
 Upper Canada, to Lord Glenel;;. 
 
 Government House, TordHio, 22d Sep. 183;; 
 My Loid,— Since 1 had live iionour of address- 
 ing to your Lordship my Despatch ol the 18ih of 
 July last, I have received liom the Rev. Air. 
 
 England iu that temper whicli I sougJit U) en- 
 con riigo by th(! letter addre^bod by my ordeir to 
 the Rev. Mr. Gale. 
 
 ' I iiovortholess sliall not be deterred fronv my 
 endcavD.ns to effect an adjustment of this nm^i 
 onibarrassing affair in such a manner Jis to restore 
 tranquillity at the last, if not geiiei-al content-' 
 meat, 
 
 I have, (fee. 
 (Signed) Gkorgk Artuuu. 
 
 Enclosures in Xo. 12. 
 (No. !.)■ 
 
 To His Excellency Sir George Arthur, KnigM 
 Coniiiiauder of tlie Royal llciiiov";rian Guel[)Li'- 
 Order, Lieutenant (to\eriHir of the I'roviuce oJ 
 U])per Canad;!, ilnjor General commanding 
 Her Majesty's Forces therein, &c. &c. 
 May it pltiasc your Excellency, 
 
 A large portion of the ])eopie over wliom your 
 [•'xcellenry ludds rule feel tliey have sustained a 
 ■.,'ievous wrontr. Scotclimen and I'resbvlerians 
 ; ■'> ''da, with deep grief, liave long seen nios;, 
 1, ' .It rights, — the sacred rights of the Churcii 
 of r native land noglecied and insulted. 
 
 With jeelin.'<s painful in no uuiinary degree d 
 
 Jo 
 Gale, Moderator of the Commission of Svnod, a|lhey now learn that Acts are proclaimed as legal 
 
 which directly violate them. 
 
 The venerable body over whom 1 have the 
 Iionour of [iresitling, });alicipating M'ith their 
 countrymen in their setiled conviction of the i^n- 
 justice of these jM'oceedings, participating with 
 them the painful emoiions with whi6n they liave 
 (illed them, have devolved on me the duty of 
 s(demnly protesting before your E.xcellency, be- 
 fore Caiiiula and the empire, against their possible 
 logp'.ity or validity. 
 
 i'ermit me to assure your ]']xcellency that is a 
 duty, on the discliargeOf wliich I enter with the 
 most painful feelings. At these unhappy dissen- 
 sions within the Christian world in Cai;ada the 
 Intider triumphs, the enendes of British institu- 
 tions rejoice, 
 
 Ihit thougli ])crformii)g it with heiiviness of 
 
 memorial or protest against the endowment ol 
 Rectories i> this Province, of which a copy is 
 herewith tii-'isinitted. 
 
 I sh(nild liave communicated this document to 
 your Lordship at an earlier period, had I not 
 wailed for a copy of the Resolutions relating to 
 clerical endowments which were piiSsed at a meet- 
 ing of the Presbyteiiaii Ministers at .Montreal, 
 and which, though J was led to expect it, lias not 
 yet reached my hands. 
 
 Accompanying this protest, your Lordship will 
 find a minute of the Executive Council oi,i that 
 document, (iinbodying senlimentH in which I do 
 not hesitate to declare my full ctnicurrence. 
 
 Your Loi'dslii]) cannot Lmt observe with regret 
 the spirit in which the pr( test ot the Synod has 
 been drawn up, and !he obstacles which it throws 
 
 in the way vi' a satisfactory setlli'iiient of a cpies- heart, a sense of what is owing to the rights of 
 tion under any circumstances dithcult to be dis- the veneraltle Chinch in which I bear ollice, and 
 posed of. ;of the ancient kingdom from whidi we have 
 
 I have further the honour to enclose an addres-ssprung, a seii^^e too of what is owing to the preva- 
 to tho Queen fnnii the Grand Jury of the District:lence of ihc immutable jirinciples of justice, and, 
 of Rathurst, adopted a .short time since. iabovo all, a deeplj impie.'^seu conviction of the 
 
 This address, wliioh is signed by some veiylnioinentou-i conseijiR'Hcos to the spiritual well- 
 worthy and loyiil people, has lor its object to de-ibeing (d' nijiiiy coininu- millions ot men of our 
 prccaie the establishimnl of any dominantchurch l)Iood and lineage, -which the mensures now bav- 
 in this rrovmce. in order to show them wha't ing jilace must in all human ]>r<jbability produce, 
 the views and intentions of (iovernment were oU'Strenglhen mc in e.xecutimioCtho charge which has 
 this point, I have sent them a C'ipy of ih.e letter|bcen cmnmitteti to me to lay before your 'Kxcclleii- 
 whicii I caused to be written to the Rev. Mr. cy, with the utnnist respect, and brictly, bulalso in 
 Gale on the'Jnd of July, and A.'hich 1 communi- lull Inith and sincerity, a sivnimaiy of the wrongs 
 cated to your .Lordship v.^ith my despatch Xo. which the Church of Scotlaml in C'anada has sns- 
 4L ,taiiied, and a delail of the ground of tliis onr 
 
 I regret to find that tlic ferment created in thcisolemn protest against rece«t violations of itu 
 Province by the di.scus.siou of thib matter isiatherirjglits. 
 
!'K,-ri 
 
 ■-s. 
 
 am not mH 
 ■ Oliurch 01 
 ugJit k) en- 
 iiy order to 
 
 il froriV my 
 
 f tllis IlKtel 
 
 a to restore 
 al content- 
 
 Abtuuu. 
 
 luv, Knipht 
 II Guelf)ljir 
 I'roviuce el 
 (lumaiidinj^ 
 c. 
 
 wliurii yovir 
 s-nstaiiidd ii, 
 
 osbvti."iians 
 
 ; seen nidsl. 
 thf! Cliiiicli 
 
 d insidlcd. 
 degfiee do 
 
 led as legal 
 
 1 have the 
 with their 
 1 of the iiii- 
 latiiig willj 
 1 they have 
 Ihe duty of 
 ellcncy, he- 
 leir )>os,si.ble 
 
 icy that is a 
 ter with the 
 ppy disseii- 
 CaDada tlic 
 Lisli institu- 
 
 eaviness of 
 he rii^lits of 
 V ortice, and 
 .'h we have 
 ) the preva- 
 iiMlicc, and, 
 lion of the 
 ritual well- 
 iiKMi of mir 
 s now hav- 
 it}- produce, 
 ;e which has 
 jr'KxeclIen- 
 ', but also ill 
 "the wioiigw 
 ida has ans- 
 of this our 
 .tioDS of itii 
 
 ■^T 
 
 Tt is doubt les8 Ictiown to yotu Excellency that 
 tlic first trausatlniitic 8et*ler8 of this colony we;( 
 Sc'itchmeii ; that for many of tlio year» »)f ity 
 earliest liibtory, Scotchnum* constituted tlie greni 
 niHfes t>^ British ernigiai.ts, aixl tlint, froir ihi 
 sproadlhg: of these and thcii ('.esceiidantp, Sc tcl 
 rrffibytciiana form a large part of the populaliin 
 of ''Jpper Canada. 
 
 Tour Excellency will not liesitato to believ 
 that oijT countryijien, while thus devoting thei' 
 'ivesantl fortunes to the enterprise of reducing i 
 reinolo and desert dependency of I lie em; ire to :• 
 fertile province, rested in full confidence that th, 
 guardian power of the parent State ■ft ould bi 
 watchfully extended over them : that they enter- 
 ed on their arduous and important undertaUinj' 
 with hopciul and cheerful Iicarts, from the reiiec- 
 tions that, though at a distance from the land ot 
 their fatliers, they were yet in regitms which thr 
 bloo ! and energies of those father« had largely 
 contributed to place wilhiii the limits of the eiii- 
 pire, and mi<rht with perfect security rely on be- 
 ing upborne in their dangers and dilhculties by it> 
 protecting and sustaining arm. 
 
 In tliese their just expectations they nave un- 
 happily been grievouBiy disappointed. In on* 
 moHt important particular, in all that concerns 
 their religious rights and privileges, Scotcbraei 
 have been in Canada as exiles from tl'eir owi. 
 realm, as aliens in the land of the stranger. 
 
 This, it has been authoritatively told us, is r 
 colony of the hurch of England. The Churc) 
 of Illngland, we are told, is the religion of tht 
 State, and rightfully claims ihe whole counten- 
 ance and support of the government. 
 
 A seventh of the lands is set apart for a pro 
 lestant Clergy. The Churcli oi England take* 
 posscsrion of them and holds them. Thousands 
 are gra.ited every year for th.u support of religion 
 they are granted to tlie Church of England 
 Governmont chaplains are a pointed ; they areol 
 the Church of England. Scotchmen form no un- 
 distinguished portion of the soldiery of the Em- 
 pire ; no provision in made for the Scotch soldiers- 
 receiving the ministrations of their own church, a- 
 in the ca.a'^ of their comrades from England. Wo 
 romoustrated agattist being thus placed in sutjcc- 
 lion to the church of the sister kingdom. 
 
 The mode in which these remonstrances havt 
 been treated hue served to make us more bitterly 
 sensible of the complete and humiliating subjec- 
 tion to that Church in which it has been sought to 
 plado and hold us. 
 
 In answer to our remonstrances, Mr. Hagerman. 
 t!.;» than Solicitor, and immediately thereaftei 
 Attorney ~ 
 
 A.rcIulcacon ot lorontocnaracLenzesasa p[ 
 display of eloquence in defence of his chuichand 
 government, taxes us with presumption in daritip 
 to renionslrato. "How," tiiis legal ailviser of tin 
 1,'ovcrnniftnt of this colony is reported, in his plac 
 Il tiic House of Assembly, to have said, " liow 
 can jou possibly place yourselves in comparison 
 with the church of the State, or imagine your- 
 Hcives anything else, in Canada, than a merely 
 
 .'■.Vuirtcr SfsnioiiS 
 y'on »re mennl !< 
 
 toIera(«;d' sect ? Has the Govenimei! 'nedyod 
 ^n any oibtr light ? Does it n cc^i.i-o y-jm as a 
 'mmIv corporHte ? Can you in that capn' iiy, hold 
 'Veil hiilf a dor.iMJ acrei of htiul 1 Nhv. Siro yoii 
 Kit tied down by degrading di--abii tit.x V Can 
 your clergymtii pcrfoim llic mM'riri^e ciMeinony 
 •veil amtrig their own pi oplo wi^luiu liftving to 
 !iinc<; attcmiance ijii liie contL'-ni lible Court of 
 
 ' Dcu'h lii.i eve:y ll ing kLom^ 
 be, and inuit bi', .sir;} !y a «Jif* 
 «>iilii g sect, existing at all in Canada but l.y sLt- 
 t'eraiice V" 
 
 When ourselves regarding our aoluoi coidition, 
 ■ve hnVe been coinpelled to ncknowlui'^ie ilial tl.o 
 ^lictnre drawn of it b-y the Attorney Gt i eisl is uoX 
 unlike the reality. Willi soimw — lor th*' t'tfecle Jiirt 
 •nelauclioly, — with. sorrow we ackuo\^ li'dtjefhe de- 
 ;raded condition under which we exist. We ad- 
 mil that the general beuriug of liic g()\oriin)cnt 
 towardH us has been advcise. Hence it ie, from 
 those untoward and discouraging circuinstancesi, 
 ihat niany, many thousands of our couiitrymen 
 iiKpersed over thee extensive regions, are pining 
 ■imler depiivation of the religious ordinances (.f 
 iheir father land ; that n.at.y of them, alaf, from 
 rheir loiig continued deprivation of these ordintin-' 
 oes, have ceased to feel the want, and, it ia to \>o 
 .'eared, have lapsed into a foigetfuiiicss of thd 
 ijLties and privileges of religion itself. 
 
 Hence, too, arises the difiiculfy experienced in 
 piocuring clergy ii""' of our church from our na- 
 ive land. Our brt .hren at inmie, thoi gh cheer- 
 fully devoting ^henisclvis to the duties (fa laboii- 
 ■iiK life, and contented with no \eiy al uiidriiili 
 xirtion of this world's guou.'^, arc not accustomed 
 © occupy a humiliating position in society, ,to bo 
 lighted and regarded with jealousy ')y "those iu 
 authority in the land, or placed in o tposition to 
 then9. Hence it is also that the ch-igy of tl 6 
 Scotch Church in the (-'anadas nun.ber so fe>v^ 
 ind that instead of sixty we do not amount ti'i 
 :hree times sixty. 
 
 But though wo have ever been obiged, in stul- 
 less of heart, to acknowledge the hu iiiliatiiig.';i;(l 
 iiscouraging condition in which adl crents to oi.r 
 national church exists in Canada, -wo havcevtr 
 Hskcd ourselves, is it right, or fit, or jist, tliat sucli 
 diould be on" condition ? Is there really a ji:st 
 ;aufse why Scotchmrn should not injoy c<ji;al 
 jrivilegts, wliy they should be held inferior iit 
 'an.lda to Englishmen, why the cm 3 sharing at 
 least equally the toil should not equal. y share thfl 
 •eward. '! 
 
 For any such cause we have look'jd in vain. 
 
 We have re „rred to the r'^cords of hifetory ; we 
 
 General, in an harangue, which the ^nnd ouv country there gloriously distinguished as 
 
 n of Toronto characterizes as a splcndidrnainlaining its liberties and independence entire, 
 
 .hrnngli many an urduoue contest. We see Hng- 
 laiid first coimcriiing, to reneivi; from \m a King, 
 ind then seeking to bo incorporated wiih us nf ii 
 lalion. Kfitlier in our previous history, orlho 
 li.slory of the Union, norm the instrument of i;n- 
 , (Ml, can we lind any thing indicating inferioiiiy 
 ir Kubiection ; on the contiaiy, we find onr.seUcs 
 plac.nl '.u a perfect equality ^\ilh our bie'.hrcn of 
 
mmmmimmmn 
 
 mmmm 
 
 m ' 
 
 jl 
 
 H 
 
 t i 
 
 * '' ! 
 
 ■n\ 
 
 1 1 
 
 Eii^lntid, a oonimunily of all rplita, privilegps, 
 «i(J iidvaiilajefl, thai nmv or do belong to eithei 
 w. g m;aiantoed, by llio' treaty of union, to tlic 
 naitivt'H '>i botli kiiigcloins. 
 
 W.J Ikivc looked around : we Pen a floiirislung 
 proM'i.c.o, stained and prcBerved fiom the enoimief 
 t)f tlu> cniriire b; a^^cct'^^sive conteats, in which the 
 Wood ana energies of Scotchmen were expended 
 in no M'aiity mt-gaiue ; reclaimed from the wild- 
 Jic'.-.B of nature bj exertions in which our country- 
 im-n liave borne no small part. We hareeaftt oui 
 eyes I'ver the wide Atlantic to our natiT« land ; 
 we hijve eeon'bUi church honoured and fespected 
 as th« greajs^^tainiiiff principle of whatever there 
 is good aiia pfaisewortiiy, and as contributing m 
 no small 'd^ifroo to tl><f i!<ene!al peace and pro.<- 
 perifv olthe Knipire. hi nil this we have seei, 
 nothing that should rci.<lor ua inferior in Canada 
 nothinjjf tlint should •wirlniraw from us the aasia- 
 taiicc granted by (rovernment to othere ; nothing 
 that sliunld exiio.«e uh to des^rudation or insull 
 Wo have accordingly tiiniod from t.'anadji, aiui 
 tho.'<ft d reeling the Ooiinoils of the colony, to tin 
 Imperial Oovernment. 
 
 We have rej>resented to the Briush railiameni 
 that Canada is a Hritish, not an English colony, 
 and that we are not colonists of EngLind, but ol 
 lliH I'^inpiie of (treat Britain. 
 
 We have claimed therefore, in terms of tin 
 treaty of union, to have in Canada possuK&iou ot 
 » community of nli the rights, piivilfges, and ad- 
 vantages eitjoycd by the colonists of our aietc) 
 ){ingiiom. We have claimed, consequently, to b( 
 lieM, as well as the Church of England, an estal)- 
 Itshud cliureli, and as such to have the iirntcctioi 
 and suppc^t of (iovernnuMit. We havo claimed,, 
 as one ((' Jie eHtablished churchca of the Empire, 
 as one of the protestnut churches recognised h) 
 the luws of tile Enijiire, to share equally with the 
 Church of England, in proportion to otr numbers, 
 in rhe lands set apart in Canada for the mainten- 
 siiice of a Fn;te!?tant Clergy. In all these respecth 
 ■our claims have been fully iclmiUed. 
 
 V 'lad, in tlie firrst place, the satisfaction tcjiii Established Church in Canada had received 
 leaiTi (hat in 1819, hi'fore any proper reprcscnta-jtlio fullest sanction, we murmured not at the iii- 
 
 a« a prnrision fiir tlicfie veneiahle Iwdiea hi' > 
 lithcrto yielded no disposable revcmie. 
 
 To pnM ly other s.nnctions, we have the follow 
 ng recent correspondenco between Lord Oknol,^, 
 Principal Secretary of State for the Colonies, umi 
 Princi| al McEariane, Convener of the Comjnittco 
 )f tlie Cliuicii of Scotland, on the Churches in tlv 
 './oloiiiis : — 
 
 The Conunittee, through Dr. McEtrlane, tbud 
 address Lord Olenelg : — 
 
 Edinburgh, 21fif March, 1837. 
 
 "The inemoiialifits beg leave to repeat thn 
 iss.ertion of a piinciple, which they apprehend 
 ■ai'i'ot I'c col tidveiled, viz., that by the Treaty 
 if r.ic Uiiiii the ministers (Kid mcmbera of thy 
 I'liiiieli (f Scotland are entitled, in every Colutiy 
 ctlled or acquired since the year 1706, to be on 
 I perfect equality in all respects with those of 
 'he Cliuicli of England, in proportion to tlia 
 lumber belonging respectively to each denomi- 
 nation." 
 
 To this Sir George Orey replied, on Slst Mny, 
 18.37 :— 
 
 '• Uis Majesty's OoTernrncnt see no reason to 
 lissont from the general principle asserted by tl,o 
 .ueniorialistp. Tliey are desirous of giving it tl)« 
 fullest practical operatiun which the means it 
 their ilisnosal for tnis purpose will allow." 
 
 In addition to theso assurances, and until other 
 irrangements could bo ctTected, in 1827, tl;o 
 iumual sum of £750 from the proceeds of lardii 
 s(dd to the (!anada Company was appropriated to 
 ho aid of our Church. Meantime, the whole 
 juesvion of the manner in which the lands set 
 ipart for the benefit of a Protestant Clergy wcio 
 to be disposed of was referred to the decision of 
 the Provincial Legislature. We patiently and 
 lutifully waited for the decision of the question 
 in this mode, or, failing it, in any other in which, 
 in the opinion of the Government, it might Ix' 
 most advantageously disposed of. 
 
 Satisfied that the principle that we had a right 
 to rank equally with the Church of England a» 
 
 tioii of our sitr.ation was laid before the Imperia 
 Oovernment, the !eL;al advisers of the Crown had 
 given nil <n)iiiioi', in which they held our- claim 
 to rank in Canada .".s one of t!io Cliurches of the 
 Empire to be unquestionable, and the right de- 
 rived of consequence from it, to sliaro with iht 
 Churcli of England in llie lands set apart for 
 the maintenance of a Protestant Clergy, to bt 
 perfectly valid. 
 
 In this opinion the Committee of tho House of 
 Commons in 18"J8, in their Report, coinciflod ; 
 and in .January, 183i2, His lato n;ost Gracious 
 f\ajesty Iving William Iho Fourth, by Message, 
 gave it the sanction of his lioyal word in i\u 
 following' te:ms : — When speaking of tho change.'- 
 ti be edccto'd, he liniile 1 tliein as such " as may 
 be carried irito effect without saeiificing the joint 
 claims of the Established Churches of Englaiui 
 and .Soctiand." 
 
 mediate disabilities and vexations under which 
 ;ve laluuired. We reposjil in confidence on tlio 
 justice and honour of the In)j)eiial Oovernmoni, 
 ■onvincod that it must be as eager as wo could 
 be to have those disabilities and vexations wipod 
 away, since, this jirinciplo having been admitted, 
 in juoportimi as they were a grievance to us, and 
 I heavy grievance we found them, in the samo 
 •xact propoitioii were they an opprobrium to il 
 In the whole CJUirse of the procedure there w,i« 
 .»nly one doubt which could possibly have shr.d. >' 
 the clear conviction estaMi-shed in our minds of 
 the ultimate triumph of our cause; there u;i: 
 inly one argument on ^^hicll our opponents ci.uld 
 insist ; only one plausible objection which tl.i'y 
 could raise. By certain clauFca of tho Act oi 
 Parliament, 1791, it is declared to bo lawful for 
 the Sovereign to nutliorize tlip Governor, with tho 
 advice of the Executive Council of the Provinco, 
 
 The Warte I.rind.-^ which have been set apaitjt'j e.'itablisli over the whole Province of Ujiper 
 
bodies b:r? 
 uie. 
 
 vc tlie follow- 
 Lord Ok'i!ol;j, 
 Colonies, ainl 
 he Oomniittco 
 luircbeM in tho 
 
 Ftrlane, Ihud 
 
 Inich, 1B37. 
 ;o repeat tiio 
 y ftpprthciul 
 y Iho Treaty 
 nibera of ilui 
 every Colutiy 
 706, lo be II u 
 witiv those of 
 jrtion to flio 
 each clenotrii- 
 
 ou 31st Miiy, 
 
 no reason to 
 isserted by tlu 
 f giving it t!)« 
 the moHns >t 
 siUow," 
 md until other 
 
 in 1827, tl'.o 
 eeds of lards 
 ppropriated to 
 le, the whole 
 the lands set 
 nt Clergy wcro 
 the decision of 
 patiently and 
 f the question 
 )ther in which, 
 , it might !)(> 
 
 we had a right 
 jf England m 
 . had received 
 
 not at the iii- 
 3 uvider which 
 Rdcncc on tliu 
 il Oovcrnmoni, 
 r as wo could 
 exations wiped 
 been admitted, 
 [inec to U3, and 
 n, ill the samo 
 probrium to il 
 :>dnrc tliere w.m 
 jly havo sh;uli'<' 
 I our minds of 
 iHC ; there wn;: 
 ijiponentscnuld 
 on which tlu'y 
 
 of tho Act (U' 
 bo lawful for 
 lenior, with tho 
 f the rroviiioo, 
 rinco of Uitper 
 
 
 W 
 
 4ft 
 
 G.'.iiaJa Ivcalorics of the Church of England, er.-jland, it never conid bo tlieir.tcntion of the f'jit ' ' 
 dowcd from the lands reseivcil by the name Oovernuiei.t lo brit!g our riglits jjito controversy 
 >tiilute for the mippoit of a I'/otc^tant Clergy, 
 "tho incumbents of said Rectories to hold the 
 tame, and nli rights, profits, and enioluinentH 
 
 with the extcnMivo but ill-defined claims that 
 might be drawn fioin the attempt to give n real 
 existence to the English Clergy, wiio>-e p<'bsibIo 
 tbtrewitii grunted, as fully and amply, and in the and ideal cxiKtenoe seems to have been contew- 
 gamo manner, and on the Kume terms and con- plated l»y the fianiers of the net referred to. 
 ditiouB, and liable to tho pcrforuiauce c f the same liesides, and in the fourth place, hat^we con- 
 diticB, as thp incnmbeiit of a I'arsonage or Rec-|Ctivcd that tliere were any grounds for ii.i-tnl'^t 
 Tory in England." It has been hold by the paityin 'hia mattir, we should have^oon cojuidctily 
 dooirousof giving supremacy to tho Church < f|ie-a««ured by thf declaration of the mtml-eifa of 
 England (the party which has ever had a pn- ihe Iinperia! (government, o.f which tho senti- 
 j'onderaling influence in the Colonial Adminis-jniontx of the Uight Hi-nourable 15, W. liortoii, 
 tiaiion) that these clause.i do in effect give a real cxprcssicd before the commitlee of t^be' H.oiise of 
 Fstablishment lo thltfi Chinch as the domiiianfiCommons in 1&27, maybe cited ns an.inslajice. 
 (Church of the Colony, and |»lace the adlieieiit«|The question being |)ut, -'^Should yon act be dis- 
 if the Church of Sco'tlniul, erpialiy ^vith iiie othet'posed to eay that Government und the .Ije^risJa- 
 denominations, in the class of Dissenters from lure of England sliould be very cautions of d'tii.g 
 tlip Ecclesiastical Establish menl of tlic country. ' ' ' ' ' ' ' ' ' >• • 
 
 It has, on the contrary, ever seemed to us, and 
 we have ever maintained, that these clauses havo no 
 
 hiich effect, because, in the lirst place, like otheijin his reply states, " That he cTniecives the words 
 clauses in the Act, they are by no means positive, d'rotestaiit Clergj- to refer to tie two recognised* 
 lut only possible and contingent. establishing:fv:'.<tb!ishments;" and concludes by saying, '-ft 
 nothing, but; only giving the power, under con-lappears to me quite conclusive that tlnjn! w as no 
 (oivabie circumstance?:, to make certain cstablish-'intention of necessarily e.'labli>sh ng the Chinch of 
 nicnts. It has Beemed to us. t)iat tliey no moroiKngland us a dominant church, inas-much a.s Iho 
 establish the Cliurch of England as a duininant 'forty-first clanse gives a power tc the local Ltgis-, 
 Church than the .sixth, seventh, ei^htli. ninth, iature, with the conserit of the Crown, ofalieiing 
 tcntii clauses establish a dominant nobility. lall the provi^il)r.8 which are contained in ilic 
 
 The power is, indeed, we "have considered, by jthirty-sixlo thirly-scventli, thirty-eighth, ihirty. 
 tho terms of the act, granted to the Sover gn ofninth, and fortieth clauses." 
 
 brituin, in tho case of the nobility, to establish ai Finally, after Inking all those considernt. uoa 
 body ot titled and hereditary Legislators when-jinto account, could any remaining doubt hava 
 ever it seems propei' lo the Sovereign so to do. ilingered on our minds, il luisl hav i been dif^pclictl 
 In like manner, in tiic case of ihe Chutchofiby the reflection that the disposal of thi' funds 
 Kuglaud, the Sovtroign has also, by the terms (djon which the possible existence of a domii.ant 
 the act, the powtjr to authorize the Governor, wiihichurch depended, and the adjustment of the Ec- 
 Ihe advice of the Execulive Council, to establi.sh ciosinsticnl Iiistilutions of the country to its con- 
 ditions and wants, were then placed by tho Itn- 
 
 any thing that could giverise tt the slightcf-t sus- 
 picion Ihat there was any intention of establi^liincf 
 adominantchurch in that country ?" Mr. liorloii 
 
 tho Church of England as the dominant churel 
 in every township in the Pro\ince. But until tlu 
 actual moment of Iho establishment of both, ii 
 
 porial Government, as alnady slj ted. under tlie 
 award of the Colonial Leuishture. We cnuh! not 
 
 has seemed to us that both Church ar.d Nobility.jiie supf onod l<i imagine, that while chcvccpn -liona. 
 and their powers and claims, mu>X be held to bojwere unsettled, they sin .dii lie ta <en out of the 
 merely conceivable, and not actual existences iliands of the appointed Arhitratois, and viiti;a!'v 
 We were contirmed in this view* by the tenor ofjdecided in favour of o:;e of the contending put- 
 ihe forty-fii'st clause of the Act, which admits <il1l.ies. 
 
 wliutever relates to ecclesiasticial endowment^| Had we required any coosiueriti( ns to add fofco- 
 being altered or repealed by Act of the Proviii-]to our preceding conviction, all the-e w<tnid have 
 cial Legislatune, si;ch act having previoukly ob-jpresenied themselves to us : biit in reality wo 
 taincd the Royal Assent. jsonght nothing further tl;an i!.(! idi'dgc of ti.e 
 
 Secondly. Tho actual establishment of tin jlmpoiial Government, an! in loyal and coi,fi,Iit g 
 Ctiurch of England as tho dominant cJiurch of tlu-lf.iith we resti'd on its piuraKd assurances, of 
 Col'iny hrt'^ seerae ! to ls so inconsistent with thejeffective remedy being afi'unlcd us. 
 ^liirit of the Imperial Constitution, as, uidess i;n-{ i hus were we wailing when tie a^tnliIu!ii g 
 du!" baVely conceiveabio circumstances, such as ajintolligence was commuoicatfd to i >•, and that l.y 
 general conformity ami amalgamation of the twojihe anlhority of the Imperial (iovfinnienl itf^el^V 
 nations in laws and ioligi<in, iKver to lie capalde;the star.ding in the Colony, on tlie .stemintf j.c!-. 
 (f havii ga valid cxi-tence. l-ibility of some d.iy attaining whivdi tlio ClitnrJv. 
 
 Tliinby. AVo cor.ceived the recognition • ouriof Entdand had hitheilo groijnded it.s e.\tr:a,t- 
 claitns by the Imperial Government to be of it-igant prei('n>i<;ns, liad b^ en actually giaii. <i it: 
 wlf an implo security against any attempt tolthat the clauses in the Act of 1701, empowi'Mi ;^ 
 fjive effect to the provisions of the act. ^^^e feltithe Soveieign to authoji/*' the tiipvcroor, villi 
 persuaded, that, ackiuiwledging we held of righliconsent of the Council, to e.-(.abli*h the He»foM<s 
 ti.e Sara's rank in Canada as the Cbuich "»f Eng-'of the Church of England, to he held us f<.il/ 
 
^^"^B^aimmmmmwimumgeisfWllKM 
 
 ,:!c 
 
 ■ t 
 
 ir 
 
 I 
 
 
 'If' 
 
 [r 
 
 Hi 
 
 Ml 
 
 ■(!; 
 
 if;' 
 »•' 
 
 tli 
 
 4b 
 
 3,\ 
 
 la amply, and on the* snme lorms and condi- 
 tioniii, ns Pi.raonagca or Rectories in Enjriond, hnrl 
 bi'cn nctiinll}' canied into tttlt'Ct, and tiiat the en- 
 dowment lind been made out of Lnnds the 
 Clergy Jltserves, the allotment of which, bk lias 
 l»ecn Htated, h'.d been previously aa.-ijned to the 
 Provincial I'nrliHment, 
 
 The intelligence waa of nnch a nturo that nt 
 first it s.'ome'i to us incredible ; and when the 
 fact was known, it waa publicly doolarid that 
 Keotorieshad really been appointed and ondfiweo 
 over all tin: Province, we felt coiivinced ihul the 
 nieaHure Mu:f>t have bfen executed without suffi- 
 cient antliorily, and W(jnld tninimt to ho in- 
 ctFective and mill. Wo were conlirmcd in thi- 
 bolief from the despatch of Lord Giunelg to Sir 
 Francis Head, in which he states that tlu( Home 
 fJoverinn'Mit knew nothing of it, and llicrcfore 
 cmdd not have niithorizcfl it, and worn pre- 
 pared ttKoxriect the decision which Law Officers 
 of the Crown ^avc when they declared tlio Act 
 neither legal nor valid. 
 
 Our mind.-* were, in consequence, just bp^;innin<; 
 to recover from the surprise, the corstcirnatio,' 
 which the extraordinary attempt had excited, 
 •when they have been agitated afresh by the un- 
 expected information, now contirmert to us by 
 your Excellency's recent eommunicalion, that 
 the Law Officers of the Crown have reverscu 
 tlieir former opinion, atfirniinn; the establishment 
 «>f Kectories, which they befi'ro iield to bo noitli- 
 ei* legal nor valid, to be now legal and valid, and 
 that the Rectors of the Parishes s- trectod and 
 cmlowf i have tl)e same ecclesiaslicr.l authoriiy 
 ■xvitldn their respective liinius as i.- vested in tliC 
 Itector (if a Parish in England. 
 
 Against this evident violalioi! of the rights of 
 the Church of Scotland we protest, and that on 
 the folhiwirg grounds : — Isl, the authority on 
 ■witich it is as.aeried they rest, is said t:> be di ' ivci 
 from a despatcli transmitted by Lord Bathurst, 
 in the Ueign of Oeorge the fourth, in 18';2.5, bin 
 the existence of which w.ifl not kni)wn, and 
 which was not acted on, till the llyign of William 
 the fourth in 1836. 
 
 To na it appnars that this is an an'horiiy, under 
 iihy circumstances, in«uf^cieiit f'»r the purpose, a 
 fimplo letter fiotn tlu; Secretary "f State com- 
 municating hia opinion in favor of the measure 
 not constituting that full Royal sanclion indicated 
 by the terms of tlie Act. But shoulil it, never- 
 theless, be maintaineil that tliis is a sufficient 
 8.inction, the Minister being to be held the organ 
 through whom tho Royal purpose authoritatively 
 <»manate3, it must at least be granted tli.it this 
 purpose can only so emanate when guarded by 
 
 thoHu securities which are constitutionally pro-'bevoid. Our objections on this head are no 
 
 vidcd for its being trul/ conveyed, unit:<luoncod 
 by miarepresentation of arguments or niis-state- 
 Dionts of facts. 
 
 The »ecuritio.3 conatilulionally required for the 
 voice of the minister thus validly conveying the 
 Koyal will are his rosponRibilify to his 9overeign 
 »nd ids country. He is responsible to the forme 
 conveying it trui« and exactly ; ho is responsible 
 
 to tho latter for nnytbing contnii cd therein pr" 
 judicial to the pubje( f rocccdii g, as in such n 
 cdsois roi.fetitutiunally to be prtsiimod, from tho 
 Royal Ear having iieen alustd by Ids own niih- 
 htatcments or mis-rej riFci tatioi s Tliis conetatit; 
 II sponsJbilify of the minialer, <ino of the geiding 
 piiiiciplcs of our free ai:d enlightened Con.stilij- 
 lioit, gives, it is acknowleJgod, gieal authority to 
 all Ada of his tiiat have been giiaided by it, but 
 ill ilio cnso before "s the sanction which miuisto- 
 liai Acts thus receive is entirely wanting. 
 
 In the first place, there is no sccur^y that thi' 
 mihsivo of Lord Balhurst in H25 really contains 
 the Will of His Majesty George the fourth, for it 
 is first made public and cited as authority for 
 the most imjiortant chat ;ge>!, now, when lh»» 
 moiiurch has for years been laid in the tomb , 
 secondly, it issues without being (subject to tlie 
 '.v-nstitutional check of the minister's responsi- 
 iiity to this country, for it issues long after Lord 
 Bathuist's retirement from office, when he has no 
 longer those consequences to dread to which that 
 Minister subjects himself who is known to huvi; 
 <^'ivcn to hi« Sovevei^Mi culpable advice, or advic j 
 ih;it incurs tho just odium of the people. 
 
 On these grounds, therefore, we maintain thai, 
 Aid despatch of Lord Bathurst in lB'2!i> cannot in 
 unv sense beheld to convey a trustworthy v: 
 valid e.vprcssion of the Royal Will, and cannot 
 consequently communicate that authority which 
 the Act requires. 
 
 Such a course of procedure is also, wo hold, 
 olvviously at vari'ince with the enactments of 
 this Statute of the .31st Geo. 3,, from which it. 
 •^lioi.ld do;i\e its fi>rce. 
 
 The Statute empowers " Ilis Majesty, His Heirs 
 and successors, to authorize tlie Governor or 
 vJei'.tetiant Governfir in Upper Canada from tinn! 
 to time, with the advice of such Executive 
 Council as shall have been appoWited by Hi.> 
 Majesty, Hi.-^ Heirs and sncceasors, to constitiiU^ 
 .uid erect," &c. Tho jihraseology clearly indi- 
 tato;5 a co-exi.sting Suvtreign, Governor, and 
 Coiuieil. 
 
 Hut if tho despatch of Lord Bathurst of 182,") 
 be assumed as valid authority for establishiu'; 
 tho Rectories, it h assumed contrary fo the evi- 
 dent meaning of the expressions of the Act th;it 
 the authority is valid, though given by one Sovor 
 eign, operated on in tho reign of another ; giv.n 
 to one Governor, neglected and disobeyed by hiin, 
 executed by a succcediiig Governor ; acted o::, 
 not with tho advice of Counsellors previously ap- 
 pointe.I, but with the advice of Counsellors not 
 ill office till long after ; such a course of proce- 
 dure, as it is evidently informal, must be held !■■' 
 
 merely formal : tliey arc grounded upon a c»refi:l 
 e.\aminalion of (he obvious inteiitiona of tho Act, 
 and inevitably arise from a due cousiderntion of 
 its provisions. All aiiahigy justifies us in main- 
 taining, that wlicn the laws appoint difTerent. 
 powers as necessary U> the execution of any 
 measure, tboy do so that these powers may do jw 
 as checks on each other. » 
 
>% 
 
 ovem prn- 
 in Hiich H 
 f from tlio 
 own ruih- 
 is confefafi'. 
 lie gi:iiling 
 ConstiliJ- 
 uUiiiiIty lo 
 I hy it, 1,1 I 
 ;h nuuifiti'- 
 
 H<,'. 
 
 y that tli'> 
 ly coiitai'is 
 
 uilh, fur it 
 thority Tr 
 
 when tht 
 tho tomb , 
 cct to tlm 
 responsi- 
 J after Lor^) 
 n he ha^i no 
 wliich thnt 
 vn to ]\n\c. 
 3, or nJvic ( 
 hi. 
 
 intain thai. 
 5 cannot i:i 
 t worthy c- 
 ntid cannot 
 >rily which 
 
 ), wo lioM 
 ictmonts if 
 ni wbicii it. 
 
 y, UiaB'eiivi 
 Jovcrnor or 
 la from tinn' 
 1 Executiv,: 
 I tod by Hi., 
 conHtituU' 
 'karly indi- 
 vernor, and 
 
 jr8t of I82:> 
 establish i I!!; 
 to the ovi- 
 ho Act tha', 
 y oneSovor 
 jthor ; giv'ii 
 ;ycd by hun. 
 • ; acted oi', 
 •eviously a[)- 
 iiseliora noi 
 io of proci; • 
 t be held 1;> 
 pad are not. 
 pon r; carefu! 
 m of tho Act, 
 lidcrnlien of 
 U3 in main • 
 int ditTerent. 
 lion of any 
 iH may do so 
 
 ' . 47 
 
 That they may effect ually do 30, however, it islles-s and void, because it can have neiihtT i)OW('r 
 always providcfl that tiiu Agency of these powerH'nor roalily but through a riiigiunt violHtion of llicm. 
 bo concurrent ; »o only it is obvions can theiij The .'irtides of this Treat v, ftoUmnIy ratified by 
 mutually restraining intbui'cc be ctFoctually ex-|ti,e dei'egaleh of b(th nnli<ii>i», eie they merged 
 erc^sod. . jthemt-eives into a Uidtwi Kiiigdiio, hec'irrc to tho 
 
 Not to enlarge c.i an admitted principle, wejnfitives of both a eonrtniiiiily of all righn, privilc- 
 ma^ ask what iiremcdiable damage to Brit ish,,^,os and advantagcb w|»ich do or may belong lo 
 legislation, and what interminable confusion toittiipitin.,._ 
 
 procedure, would not be produced wore it com-! ^,^,;.„]^ ^^^. ,, ^,,,,, conquered by the arms 
 petont for the }l<.nso of Lords to pass any Bil |,,f i.„,j, Ki.,gaon>.s 8ub Jr,n..nlly 10 their Union, 
 which had ever passed any precedmg House "l,,very ad.anlage which il pu-/en(M ought con.e- 
 Comhions or for any S.vere.-n. to dl^Hent to anyi ,^,jf„ .,, ^j^^^,^. „,. „,^,^^, '^vnieleB, to be availa- 
 r.ill which ha.l ever thus slipped through both ,',,^. ^^-^^ to Scotchmen and Knglishmen. In con- 
 ilouses. . ,1 • travention of ibis great ai d fundamental principle 
 
 The obviously mischievous tendency lo he )n.|,j -^ ,,,.,ended that a despatch of Lord Bulhnist'^ 
 troduction of such a mode of procedure into Uuj i^.(.y\.„iij authority to ihe Governor and Kxe- 
 Lcgislature of the Kmpirc but family images 'tHcutive Conmil t,f the 
 
 oviTs in this case, for not only would it render theij^j^/^ji^:;;;;;;;:^ ^,^ „,,, Ohuich.of England, and t» 
 provisions of tlic Statute nugatory in the prevon-' - - _ .0 ._ 
 
 cutive Conncil t/f the p»V>Yince to poilion it out 
 
 Uhuich.of England, 
 iivide amoir'' the incumbents of these Rectories 
 
 nion of error, but by removing the necessary jub-|j,j^ ^^.,^^,^ j^rovi^ion made tor tho support of a 
 publicity furnishes, it would make those very 
 
 licity of the earlier stages of the process, ai.u v»| Protestant Clergy, amounting to a scvinAh partof 
 check on human passions and prejudices whichj,,,^. j^^,, .,^ ^^ ^,^^-(.„.„,^^^. 
 
 provisions tho instruments pron.pting to tho corn-;. Before such r.uhoritv in any measures that may 
 mifiBion of error. jhave taken .ace ,n dependency on it can Lave 
 
 _ , , , , , . , . 1 /^ 1 validitv. Wo demand tliat it bo shown what equftl- 
 
 It is obvious that, wore It aulhomed, a Colo.|j, ^f rights it allows between Scotchmen and 
 nial Minister, restrained »rom advising certain ,,.,^,,{3,,,;,^^ ^^.j,p,, it i.retends to have power not 
 measures by a salutary dread of tlie public oilium'^^ j^,jj,.g j^^, j-j,,,,,^^ aspot to put his foot on wheia 
 and personal inco"venience likely to aruse Irom ,,e ,,,,jj,i ^^^ y^^ ^^^^^^^ j„ „ ,^.p^,^r of the Church 
 them were they to be carried into i">mcduUei„f ^,,p j.^^^.^, having, according to tho opinion of 
 operation might yet be easily led to procure the [„^ .jfl-j,^,^, ,.f j,,^ (S,.^,^,,^ ., „,p ^.j,,,,,. Ecclesiasti- 
 regal authority for their being cfTected were htl .^^ ,^uthority ;isis vested in the Hector of a parifch 
 sure that this could only happen at some remotc-ljj j^Jrifjl-ind'" 
 
 period, when he would no longer personally hnvei - ' °' "..,,•, . , , . i.^ , 
 
 reason to fear the consequences. Is it to be b.;- ^^ " dc-ma.ui that it be shown what eqi.ality of 
 lievcd that any Minister can thus indetinitelyb^^f l^'''??*^ it would permit to hngiishnien and 
 Joek up the Royal prcrogalive ? That the Roy/l'^"^"'^''"'^" ^^''«" " ''''^^'^ '"^t"^^ ""« ««^«"''» 
 Will is to bo sought for, nol in the breast of tho 
 
 living and breathing monarch, but in the musty 
 folds of some old document deposited iu the 
 archives of the Colonial Executive Council V That 
 f.om thence, to the astonishment (»f tlic rcij;iiing 
 Sovereign and his Ministers, the dismay of the 
 people, it is to isssuo for the purpose of changing 
 the whole Ecclesiastical condition of the Tro- 
 vince ? Such a supposition seems to bo an insult 
 to common sense, a Libel on tho well-guarded 
 and intellitrent, the open and fctraightforward 
 course of British Legislation. 
 
 Finally, wo hold the cstablislimcnt of the Rec- 
 tories invalid, and from the superior countervail- 
 ing force of the articles of the treaty of Union 
 of the two Kingdoms ofEnglaRd and Scotland. 
 
 Wc maintain that no act can truly emanate 
 from the Sovereignty of Great Britain destructive 
 of the principles from which the Monarch derives 
 it9. existence, and on which it rests; that the 
 articles of Union of the two Kin«rdom3 of 
 Kr/^iaud and Scotland, being the very basis of 
 the Monarchy, can in no way possibly be infring 
 ©q or violated, and tUat therefore, whateve 
 pretends to violate or infringe them is to be 
 esteemed essentially powerless and void. ".Ve 
 niaiutaiu this measure m thus essentially power- 
 
 of 
 
 the coloirj- on the Church of the former, and would 
 not leave a single acre for the church of the lat- 
 ter. 
 
 Until this be shown, wo utterly deny the pos- 
 sible validity of the autliority. Wo solemnly pro- 
 test against any j'roceodings that may have taken 
 place in reliance on it, and hold them ineffcctivo 
 and null, as being a direct opposition to the fun- 
 ilamuntal lawrs of of the Monarchy. 
 
 To all which I respectfully crave your Kxccl- 
 lency's attenticn, in name and by appointment of 
 the commission of the Synod of the Presbyterian 
 Church of Cani^da in connexion with the Church 
 of Scotland. 
 
 (Signed) AtKx.i.vnKR G.\lk, Moderator* >, 
 
 Hamilton, 18th July 1S38. 
 
 (N~2.) 
 Executive Council Chamlor at Toronto, Tburs- 
 iay, 9th August, 1838. 
 
 Puksknt : 
 The Honourable Robert Baldwin Sullivan,. Prc- 
 .siding Councillor. • * 
 
 The Honourable William Allan. 
 The Honoumble Augustus Baldwin, ,, 
 
 f 
 
i 
 
 I 
 
 i 
 
 n. 
 
 
 ^T 
 
 48.. » 
 
 I Bi(t tlio Council rtill more regret that iti tlio 
 
 ladsorlioii of llio claims of llio Cliuicli of ScotluiuJ, 
 
 topics ehoiilil have l>oi'i» advei tod to rcjilete vhh 
 
 To His Excollciicy Sir Goorgo Artlinr, K. C. II..'pcriious rt'criminntioii, and cilculntetl to revive 
 
 Lic'uten/iiit GovciDor of tlio Provinco of Upper those fcoliugs of hoHtility vpliich, cciituriee ago, 
 
 Canada, a r.d Major (Vjuornl commanding Hcr'o>;ipted bctwoon the natives of North anci South 
 
 Majesty's Forces thciein, &c. Ac. Ac. jUritaiu. Tlie Council cannot understand for whal 
 
 jjood purpose sucli allusions are made, or wbRt 
 
 The Ilonournblc John ElrriHlcy, 
 
 The Honourable William Henry Draper. 
 
 CO inexion with the subject is to be found in th« 
 following passage : ' Wo see England first con- 
 spntinff to recoive from us a Kiu^, and then scek- 
 
 May it please your Excellency, 
 
 Tlifc Council have attentively perused the Me- 
 morial Of Trotest of the Rov. Mr. Oalo, transniit- 
 
 U'd by him, as Moderator, "in name and by ap-ji„„ j^ije incorporated with us as a nation." 
 poiutment of the coniuii.ssioii of Synod <if thol _,,_., 
 I'rosbvterian Church of Ca.nada in' connexion The Council cannot pass over thjfl passnge, and 
 TV-ithtlie Church of Scotland," to your Excelloncy,|"l''e" of a similar cli:iracter, without declnnnR it 
 .,.,.,,. ns their conviction that their utterance IS uncalled 
 
 rhey have noticed with mingled surprise and, f<,r i,y ti,o occasion, and distasteful to the Scottish 
 regret tie tone of this Dwdument, and the spirit ii„l,abitants of Upper Canada. They do not be- 
 
 in whicl the Reverend Moderator has felt it ne- 
 
 cessary to urro the claims of the members of thej(;atho]i'c87oi~iW)yteri^ of 
 
 Establifhed Church of Scotland resident m thi.-},^,. (jjsaenling from the Eslablished Church of 
 Province upon her Majesiy'sG(-vornment iScotland, desiro that the ashes of war^. long 
 
 The Council are Horrv tn ob«(;rvo the refcrencci^'ncc pa.sf and almo.%t for^'otlen, or remembered 
 made to an allcj^'ed speech of the Attorney Geno-i "ily to be dejth.red, sliouUi be raked up in order 
 ral as a member of the Hmiso of Assembly. Aflei 
 the full explanation which has been given by thai 
 officer with respect to it they can only supj osf 
 that this explai^tion has never come r.iuler the 
 observation of the Reverend Modei'itor, or h( 
 would not have reiterated as gonuino the Report 
 of a speech the authenticity of which now rests 
 oi; the sole authority of a fugitive traitor, and n 
 far from desiring to exclude the Churcli of Scot- 
 land from paiticipating in the Reserves the Jour- 
 nals of the House of Assembly prove the reaci'iness 
 of the Attorney General to place it in the power 
 of the down to meet every claim that Church has 
 advanced, in such manner as the Sovereign rrnght 
 deem just and expedient 
 
 But whatever may have been the views of the 
 Attorney General the Council think it right to ob- 
 wrve that there is no possible ground on whicl 
 they are to be looked on as the opinions of the 
 Imperial or Local Government on this question, 
 or as expressing the sentiments of either. 
 
 The express invitation on the part of His late 
 Majesty to tho House of Assembly, " to consider 
 how the powers given to the Provii.cial Legisla- 
 ture by the Constitutional Act, to vary or repeal 
 this part of its provision^, can bo called into exer 
 ciae most advantageously for the spiritual and 
 temporal interests of His Majesty's faithful sub- 
 jects in this Proviuce," coupled with Lord 
 Glcnelg's despatch of the I5th December, ]S'.i5 
 to Sir P. B. Head shows clearly the desire of His 
 late Majesty that the opinion of the Colonial Leg 
 islature should be fully expressed on this irnp<u- 
 tant subject ; and that as regarded the Govtrn- 
 inent, it was in every fense of the word an open 
 question, on which all the members whether hold- 
 ing office or not, had the right of freely advocat- 
 ing their own views ; in bo doing, however, no 
 one could in the slitjhtegt degree be considered as 
 uttering the tentimeute of the Goveraraent 
 
 jiieve that Scotchmen, whether Epis•copaliau^ 
 
 to discover if there bo yet a spark remanung 
 >vhich may seem to rckindli! strife anil animosity 
 i»etweon them and their br'.iiircn of • the United 
 Ivingdom. 
 
 The Coui.<'n abstain from any examination of 
 rJio argumenlf. contained in this Protest, as nr.oro 
 !>roporly falling ■?'it.hin the pvovinre of the Legis- 
 lature ,'S\nd notwithsttuiuinif thediflRcullics -which 
 liave hitherto presented thcmselvis on n satisfac- 
 tory adjuMnient of the rpiestion, and though the 
 agitation its present state has created is "a great 
 evil, it is not such as to exclude every hope of 
 mitigaticm by the natural progress of discussion, 
 and by the influence of that spirit which in pub- 
 lic aftiiirs not seldom suggests to parties alike 
 solicitous for the general good some mutual sur- 
 render of extreme views, and some comprom'ee 
 on either side of differenco, which at first «ighl 
 might have appeared irreconcilable." 
 
 All which ia roBpectfully submitted 
 
 (Signed) 
 
 KB. Sl-iLITAS, P. C. 
 
 (No. 3.) 
 
 To the Queen's Most Excellent Majesty. '»j 
 
 May it please your Maje&ty. 
 
 We, Your Majesty's most dutiful, loyal, and 
 devoted subjects, the undonigned Magistrate* 
 and others com|)o.eing the grand inqiifst for tho 
 district of Bathurst in your Majesty's rrovinco 
 of Upi^er Canada for your Majesty's Co'<rt of 
 King's Bench, beg to approach your Majes'.j' witb 
 the most profound respect for your M.ijesty'a 
 Royal Poison, aiid our devoted and Kc^lou« at- 
 tachment to that glorious Cont^tituiiou 'vhich baa 
 placed Your Majesty and Your Majesty's illustri- 
 ous forefathers on the Throne of one of the roo»t 
 powerful and most enlightened Empires iu ^o 
 
4d 
 
 vrnild. WliiUt we unite otir voices of conj^ntn-jany tnie 
 lir on with evory curniT of Your Mjijesly'H vaM; (Hiijnml) 
 di):iiiiiiim9 on Your Majoaly's accdSHioii to be o»-l 
 thronod in the lioarls o( your people, wo have lo 
 larr'^nt tUat thwn I'roviticrH, wliicli, in point ofi 
 ext.'iil and intrinsic value, farm no inconsiderable 
 portion of the British Etn|)ire, dlionld have been 
 an exception to thiit loud burst of joyful nrcln- 
 niatiun whicli hailed the commencement of Your 
 Majesty's licign, by a Rebellion tho niont uncall- 
 ed fur •Mid contemptiblo that ever dis|^rnced any ' ! * 
 country; yet wo rejoice to think thnt Your 
 Miijosty'H loyal subjects, even without the aid of 
 almost any Military force, have proven their sin- 
 cere altacnment to Your Miijesty and tho unri- 
 valled Laws of their country, by crushing that 
 foul and unnatural Rebtdlion to the dust. 
 
 Yet, whilst we rejoice thiit a Traitor dare not raise 
 Ids voice in otir Land, it is with extreme sorrow ' 
 that we learn that an attempt is about to be made 
 to wound the feelings, and, wo dread, to alienate 
 the nftections of a great proportion of Yourj 
 Majesty'ri tridy loyal subjects, by encroaclin.ent 
 on their rriost sacred Liberty — the Liberty of 
 consclonoe, by attempting to CBtablisli the Church 
 of England, with the same dominant powers as 
 it possesses in England, ii> this Province 
 
 of envy or;onlousy \^tv\n, 
 J:ime» Wylii', Foreman 
 J. M'Kajr, ,!. i\ 
 9imon i niscr, J. P. 
 Donald Kraser, J. P. 
 DaniorO'Connor. .1. V. 
 uOsiaSil ijyiev, J. 1*. 
 John Ferguson, J. V. 
 John Haggart, G. J. 
 Arcii.M'Xabof MNab, J. P. 
 ./ohn M'Int\te, J. l\ 
 Daniel Fisher, J. P. ■ 
 Wm. Tliompaon, 0. J. 
 Anthony L« -lie, J. P. 
 J. M'NRiightan, J. 1'. 
 George liuchnnsn, ,]. V. 
 Henry Olas*, J. P. 
 Matthew Leach, J. P. 
 ■Joshua Adams, J. P. 
 
 V.'f! 
 
 No. 13. ^ "^^ ■ 
 
 (No. L-)?.) ' * ■ 
 
 Copv of a Dr.ap.\TCit from Lord Oj.knki.o to Major 
 Oenernl Sir G. Autitir, k. o. h., Lieutonant 
 Governor of Upper Canads. 
 
 Downing Street, 21th October, 183a 
 StR, — I have received your despatch. No. 64., 
 of the 2JJd September, transmitting tlie Copy of a 
 Far be it from us to undervalue that Church;,nemorial addressed to you by the Reverend 
 at the Altar of which our beloved Sovereign bowH,iAlexander Gale, as Moderator of the Commission 
 and to the doctrine and discipline of which sev. r-|„f t],e Synod of the Presbyterian Church of Ca- 
 sl of ourselves firmly adhere, nor do we, in this,,^,!., j,, connexion with the Church of Scotland, 
 onr humble address to Your Majesty, mean to ad- together with a niinute of the Executive Council 
 vocate any particular claim that it or the Church'on this document 
 
 of Scotland has to any special endowments ofi Having in former comt.Minic.itions fully ex- 
 Lands, or other public giants or enudnments ; butipregsod the views of Her Majesty's Government 
 we beg most sincerely to assure Your Majesty ,|on the points to which this memorial refers, I 
 Ihat ill onr opinion, it would bo the most unwise have only to convcv to you my approval of your 
 and impolitic scheme that Your Majesty's aJ-|dctermination, in accordance with thoso views, 
 visera could posa-.bly devise for the peace of this to endeavor to effect such an adjustment of the 
 Proyincc, to attempt to establish any Church q„cgtion as may be calculated to meet the leaaon - 
 with dominant powers within it. {able wishes of the sevcial Dcnominatior.s of 
 
 It would be e.isj' to show to Your Majesty tbe Christians in Upper Canada, and to express my 
 real proportion which the members of the'Church hope that your etfoita will be attondcd with a 
 of England boar to the rest of the population, sucoe-Vifu I result. 
 
 and which, we ar.' convinced, would at once' I have had tho honor to lay at t.ho foot of the 
 satisfy Your M.ije<ty, that slie has not a shade of Throne the address to the Queen from the Grand 
 a claim, in point (»f numbcr.s, to any supremacy ; Jury of the District of Bathurs.1, transmitted in 
 but we trust that this will not bo necessary, and your tloapatch, and Her Majesty was pleased to 
 that Your Majesty' will be graciously pleased to receive the .lamo very graciously. 
 tako such steps a-'j will allay the fears of your; I have, I'lc. 
 
 loyal and dutiful sub jecU, and completely prevcnti 
 
 (Signed) 
 
 CJi-jiwaiii. 
 
11 
 
 it 
 iJI' 
 
 I; 
 f ' 
 
 h 
 I 
 
 / 
 
 wr 
 
 € 
 
 
 APPENDIX. 
 
 '(rk"* 
 
 {he Toronto Colonist, ^^nd Jaafj l8C'i. 
 
 mon8, lor Cojik'H <ir I'Jxtnic'H oi uio «^.)in!.s|«)ii;i-| ■■ n i^ not oui iinenuon, on ims m-cisiitm. un- 
 fiico, between tlio Mctitoiirml (tovciiinr of UppciiPresrt nny (.jiiiion rosiiccling tlie claim which ll 
 
 Canada .„,i ,i,e s,.„c,„rj „t su.c. o«<^.«^^^i•^f:::^f;:!,:^::;::^i:;;;-::i^;:£Tz 
 
 of th« creation of UcctoncK in tlmt I rovii.oe i>y\ ■^^^^ yourMuicsly ;ui(l wiUi I'arliamcnt to deci 
 
 IP HE RECTO RIKH. 
 
 We recently laid buf.nc ourw ad.'iH. in .Utrircntithut in Mnidi, 18.11, an address to the Kinp w.ih 
 publications of tlie Colonat, tlio entiio contoi.ts adopted by iho Logislativc Council of Upper 
 of a RiUuin to an A<ldrt'Ks <if tbe House of Com.|Ouiiadn,iii which the following panigraphe occur : 
 mon8, for (?opieH or Extrac'H of the Ooirespond-^ '■ It i«i not our intention, on lliis occibion. to ex- 
 
 lii.ion rospecliiig tlie claim which llie 
 ' ' ■ " ■ ■ *' ipa 
 
 SStH 
 
 your Majesty and wiUi t'arliamcni to decide 
 
 Sir John Colborne. Tlie jlocumcnts thus pub- i,p„„ it. 
 liHhod supply tho fnlloHt information on tliis "Wt regret that i' wii« ever thought advisable to 
 imporlaut Bubjoct tlmt ha« ever been laid befor. Ugitute that quoKlion in thii colony, where it 
 '^ . .,,,.• X 1 u ,„ „^„i leould not be detcriiuned ; and we earntBtly hope, 
 
 t..o Imperial Parl.amcnt; and "uich more ampU.|^^^. ^,^^ ^^^ ^^ ^^ '.^^^^^ ^,^^^ .^ ^^^^ \^^ 
 
 information, in dotnil, lliau lias over been com-j^j,^,^.jjjy ^^^ ^^ ^^^^^ g^ ^ f,„jjl Jeeision. lu the 
 manicatod to tho Lei^iHlatiire and people of ihiRi.neantitne, we cannot forbear to express our con- 
 Province or the late Trovince of Upper Canada.jviction that tlio rulerfi of tho Church of Scotlncd 
 We havc'no doubt but the information thus im-jare move Binccrtdy attached to tho principleB of 
 " , , „ . ,, ..ClniHtianity than to desire that the only perma- 
 
 pnrtcd, has proved generally acceptable, as >'|„e„t provision for religious instnction which ex- 
 •bH8 placed in the hands of our readers, tho par-ij^tg }„ this country aliould be entirely abolished, 
 
 ticulars, by means of which tht>y will be enabled 
 to arrive at an impartial judgment, in respect to 
 the legality of those Rectories. 
 
 because it hns appeared doubtful whether that 
 particular Chuich had a tight to share in it. 
 rhey must be aware that it is not with those foel- 
 ngs that the support of their venerable cstabliKh- 
 
 
 Reser 
 
 As an appendix to the important docuiuentMmient is regarded in Scotland by their fellow- 
 alrcndy published, we give to-day, from anotherjsubjecfs of otiier denominations ; and we do them 
 Parliamentary Return, in reference tc the Clergy the justice to believe that they would be foremoal 
 ■, • ^ , I ^ ,i^.,..„ Tj« , to disavow any such seulimerits jn regard to this 
 
 jrves, a despatch and enclosure. No. 1, pp^yj^gg „ ^ ^ 
 
 It may be regarded as strange, ut the present 
 day, that tho Legislative Councilor Upper Cahadii 
 ahould have introduced, iu 1831, such paragraph!* 
 into an address as we have quoted above, when, 
 
 in 
 
 - from Sir P. Maitland to Earl Bathurst, of date 
 ""17th May, 1819 ; and a despatch, No. 2, in reply, 
 "^^ from Earl Hathurst to Sir P. Maitlaud, dated 6tli 
 ! May, 1820 ; also a dcupatch, No. 10, of the same 
 
 .?n return, from Sir P. Maitland to Earl Bathurst.jj,, 1920, the Law Officers of tho Crown 
 *r dated 28th December, 1825. England had declared that "the provision made 
 
 These documents are of great importance, injby the 31 Geo. 3, cap. 31, for the support, 
 
 connection with those already published, for the 
 
 reason that, as far back as the year 1820, the 
 • Law Oflicers of tho Crown i?i England, gave it as 
 
 their opinion, that the Clergy Reserves were not 
 . confiDcd solely to tho clergy of the Church of 
 
 England ; and that from that time forward, the 
 
 and maintenance of a Protestant Clergy, are not 
 coftfined xoltl^ to the Clergy of the Church o/A'rtglatui, 
 bat may he extended also to the Clergy of the Church 0/ 
 Scotland ;" and the only way to account for the 
 passing of such an address, is on the supposition 
 that Earl Bathurst's despatch of 6th May, 182D, 
 
 local Government of Upper Canada, aided by the had never been communicated to the Legislative 
 law officers in the Province, systematically op- Council, but that some local opinion had been 
 posed tho opinion of the law officers in England, substituted in its place, to involve iu doubt that 
 instead of following their advice, as they were in which to the Law Officers of the Crown in Eikj- 
 duty bound to do. Nay more, that they hadjlarul, appeared clear and beyond doubt. Had 
 oven suppvcssed and concealed that opinion froin|lhere been a ditlerciit course puivued, by those 
 the Legislature and people of Upper Canada, andiin autiiority in Upper Canada, in regard to thia 
 endeavored to influence public sentimont io an, question, subsequent to the receipt of Ea.l 
 
 opposite direction. To such an extent was this 
 BV6*cno of concealment and deception earned, 
 
 Dathursi's despatch of Cih of May, 1820, tin 
 probability ii', that the question of the Clergy 
 
u 
 
 - 51 
 
 o«3rvo» iroiild wenr ■ dilforent ^OKpect, at tbf 
 prefti'iit (l»y, t'roin that which it now proM|>ts. . 
 
 In 1831, (lie <iiio8tioi) of iho settloment of the 
 Olorgy IlcHcrvcR wna rofeiicd to the Pro»iiicial 
 Pbrliumurit of Upper Canndu. The doipalchof 
 Lord Uodurich, liearw diitu thu 2Ut ol Norcmber 
 of that y«nr. 'Iho Imperial Government from 
 that dato regiirdcd tho property as being subject 
 to Proviiiciul Parliamentary control aloiio, and 
 altoguthor removed from the interference of Im- 
 perial or PmvinciHl administrationa ^vithont the 
 Hanctiiin first had and obtained of the I'rovincinl 
 Pailianient. 'I'here arc numerous ovidcnccH ol 
 thnt fact in tlie despatcht-g. For example, \rc 
 find thnt Lord Uoderich, on Ist June, 1833, re- 
 fused to comply with the Icrma of an oddresR 
 from the House of Assembly, becautio it a^ peareJ 
 from tho date of the address, tliat it was agreed 
 lo by tho House, bofoio the receipt of HiM Jjord- 
 flhip'a despatch, of Slbt November previous, ti 
 wliich wo have just now referred ; and again, on 
 3lstJyly, 1835, Lord Glenelg, in a despatch to 
 Sir John Colborno, intimated that " His* Mnjest;^ V 
 Government concurring in the views adopted in 
 r. gard to it, [the subject of the Reserves,] by the 
 Earl of Uipon, [Lord Godericb] thoy aro anxious 
 not in any way to iolcrfurc with the deliberations 
 X)f »' 'rovincial Legislature. " 
 
 ' 'tocutive Oouncil of Upper Canada were 
 
 losa ai,tupulous. In January, 183<^, packing ovir 
 the i>entimentB of Lords Qoderich And Glenelg, 
 just quoted, Sir John Colborne issued patents for 
 the establishment of Kectorie), in Upper Canada, 
 and their endowment out of these Risservea. By 
 the minute of Council, on the authority of which 
 those patents were issued, it appears that the pre 
 tondcd grounds upon which they proceed, were 
 found in a private despatch of Lord Qcdeiich,datGd 
 5lh April, 1832, having reference to the applica 
 tion of £'1000 of money, and not to the establish- 
 mant of Rectories ; and the pretended extract 
 from i.hat dt-spatch, in the minute of Council, 
 was' not accurately described," to use the wordy 
 of Lord Glenelg, at the time, in regard to it. 
 
 On referring the question to the law officers of 
 tho Crown, in England, they gave it as their opi- 
 nion, on 8th June, 1837 : — 
 
 1st. That, advening to the terms of the Constitu- 
 tional Act and llie Royal Commission, the Lieulennnt 
 Governor, with the advice of the Exetulive Council, 
 could not lawfully constitute, nod erect, or emfow, 
 any Parsonage or Rectory, within the Province, with- 
 out the further signification of His Majesty's pleasure. 
 
 2nd. That Lord Ripon's despatch, of ftlh April, 
 l:i32, cannot be regarded aa signilyinj Hiii Majesty'.* 
 
 
 \ 
 
 ^i|)leaMirr, for ilir etrecliim of pliMnn4ge«| .or the aik- 
 dowment of them, or (or rither of tho.w purpoaei". 
 
 3rd. That the erection and the cndowmer :, of ^ha 
 fi((y-scvrn Rectories, by Hir J. Colbornei t.e not «•- 
 lid and lawful act.<*. 
 
 Such was tho opinion, frcoly given, by the Uw 
 offir^ra of tho Crown in England, in 1837, ou 
 view of the naked facts of the case, auboiittotl, 
 without bias, to their consideration. 
 
 The Loginlaturc and people of Upper Canud* 
 were not then privileged to peruse these impor- 
 tant doi'patchcs and high legal opinions ; but, in 
 place of them, tJiny had to bear a good deal of 
 par(izan abuse, for havirfg, without a perusal of 
 these documents, darod to conceive and exprtsi 
 oj/irdons, on i;ho subject, that coincided with tboBo 
 of tlie crown lawyers in Enijland, and tho states- 
 men, who at that (imo, ruled the En.,)ire. Thoro 
 were then others in Upper Canada ;.iore favored ; 
 and to thetn was granted, exclusive'y, the privi- 
 lege of perusing these documents, and replying 
 to then), with tho view of obtaining a differeat 
 opiiijoi). For this purpose, the private despatcli 
 of Lord Qoderich, of 5lh April, 1832, upon which, 
 according to the minute of Council, the Rectorie* 
 were established, was entirely passed over ; and 
 two ohl despatches of Enrl T^athurst, dated in 1818 
 and 1825, produced, for th purpose of supplying 
 what was deficient in the otlier. Those despatcheo 
 we hjive already published in our columns. 
 
 Among the documents, thus laid before the 
 law officers of the Crown, for a re-considoratiou 
 of tboir opinion, we do not find those despatches 
 from tho Secretaries of Slate, to whirvh we hay* 
 already referred, as placing the Clergy Reserves 
 beyond Executive control, without the sanction 
 first had and obtained, of the Provincial Legisla- 
 ture. Th3 Law OflScem, therefore, on the partial 
 caso thus )>re8ented to them, by parties it>ter«8to 
 ud in obtaining a rerorsalof the opinion given in 
 1837, gave it as their opinion on tho 94th Jan. 
 I8S8,— 
 
 That adverting to the various documents, and 
 t'specially to the ins(ruc(ions contained in Lord 
 Bathursl's des^patcfi (o Sir P. Maiiland, of 22iid July, 
 1825, and also to the terms of the Royal Commission, 
 
 Isl. That (he Jjieiitenant Governor with (he advice 
 of (he E."cecutive Council, could lawfully constitute 
 and erect or endow any Parsonage or Rcc(ory, wi(h- 
 in tho Province, witl\oul the further signification of 
 Hi.-! Maies(v's pleasur. . 
 
 2nd. That Lord Rip. I's despatch,of (he Tnh April, 
 1332, cannot he regardfu^ as jaignifying His Maie8(y's 
 pleasure lor (ho erec((on oi Parsonages, or for the en- 
 dowmen( of them, or for eitl.er of those purpo-ies. 
 
 3rd. Thai the erection and <ndowmen> 'ho fifty- 
 seven Rectories, by Sir John C jiborne, are valid and 
 lawful act 
 
 G 
 
■tm 
 
 
 4!ii. Th:^ (He Re^^HVof '(be Parishes, so f redWt €»o^c)A^ 
 and endowed, have iiiC%nle ecclesiastical MtfliMity, tJiarj)^: 
 within their respective 1i.ti;:«,, ?s is vested ia M**'. "*(»V|Ij^^^ 
 
 t#'of SrsVKdvc'mbcrjjlBSl, an(! 
 xpr«ssly confirmod bjHnsLord' 
 h dated iRtof Juno 1833, oud 
 
 d 31(it 
 the prc- 
 
 torofaParish in Engtand. ''v •'">')" 
 
 It J« «ot aurprising tl.at tho promtilgatidn ofi^Sf" J2^«'^^*^[«"^^S [" a despatch date, 
 such aa opinion, should hav-ogivnn great dis8ati8.r^y\835. It follo^rn, iherefore, that the 
 
 faction, and produced great excitement, in Up-i^^''^'^^ attthonty, en which the Law officers 
 per Canada, It carried orr its face strong evi.:»"<='»Pt »« support tho.r opinion of 24th January 
 dancoof it8 absurdity; hutit was, noverthelessjj^:^ in favor of the legaht? of the ^ectone«, 
 clung to by tl.oso in authority hero, as warmly. ns|^«"'g '" ^"''^ "« a"lh""ty, tho Reolonea them- 
 it was violently opposod and denounced, by thel^fl;'<;« '";'«tj'«j'^l'^« ^^f^")'* ^"^V^^^'^^^^ '^ 
 
 people at l>»r3f«. It is admitted .'h No. 3 above, 
 that Lord Rip^n's [Goderioh's] despatch, of the 
 Stli April, 1832, conferred tio atilhority, to estab 
 
 lish or endow Rectories ; but nevertheleBS, it was 
 that despatch, and that alone, which was citod 
 by the Executive Council of Upper Canada, in 
 their minute of 15th January, 1836, recommend- 
 ing the Lieutenant Governor to establish and en- 
 dow them, upon which the order for Patents 
 followed. It mcy he, that this despatch was 
 "selected by the Executive Council, on account of 
 its being of later date, than the one from Lortl 
 Goderich, of the Slut November, 1831, by which 
 the whole ubject of the Clergy Reserves was re- 
 ferred to the Provincial Parliament foi settlement. 
 This may account too, for the quotation from that 
 despatch, into the minute of Council, not having 
 boon, as stated by Lord Glenelg, " accurately 
 describisd." The description, as it originally' 
 Stooc.. would not answer the purpose, and it was. 
 Accordingly changed, to suit the purpose. In thip 
 
 tho words of the opinion given, by the same Law 
 officeiB, on 6lh June 1837, " not valid atid laufui 
 acta." 
 
 Had we only to do with the past, w»> 
 might here bring this article to a close. Vic 
 have to do with tho present and future 
 The questions of the Reserves and Rectories, arc 
 made hobby-horses fo. political quacks, year aftei 
 year, to the detriment of the country ; and they 
 have recently been brought '■^cially under the 
 notice of the Imperial authorities, as a result of 
 local agitation in Canada, encouraged and pro- 
 moted' by members of the Provincial administra- 
 tion, and even by the Governor General himself 
 
 as witness Lord Elgin's celebrated despatch, 
 iu which His Excellency censures certain parties, 
 for seeking sympathy through public opinion iu 
 England, in place of agitating the question \>y 
 means of public opinion in the Province. 
 
 We have good aulhority for stating, that 
 eminent Crown Counsel in Englrtid, on the most 
 
 way; if undetected, the show of authority from careful consideration of an elaborate cat'e, snb- 
 
 the Secretary of State for the establishment of 
 RectoHos, subsequent tc the despatch of 21st 
 November 1831, might have been successfuUj- 
 maintained. But, tho deception having been 
 dotectea by Lord Glenelg, His Lordship intimated, 
 tliat the passage quoted, was " not accurately 
 described," whereupon, vn the first instance, and 
 afterwards on reconsidering tho case, the Law 
 oluceis of the Crown in England, emphatioallj 
 declared, that the despatch of 5th April 1832, did 
 not authorize the cslablishmeut vr^lic endow^iu 
 of Rectories. f ;■ ■ ; . .f'*"w.j ^j 
 
 It might have beer, expected, that this would 
 hu/e Bufiicedto establish tlioir illegality. It prov- 
 ed otherwise — and. Lord Bathurst's defipatth of 
 22d July 1625, •^^s calltd into requisition, to 
 sustain them, — a deepaich, that had been wriUen 
 during a previous reign, lud since the writing of 
 
 mined to theia for opinion, daring Mr. Hincks' 
 recent stay in London, deliberately gave it as 
 their opinion, that the Rectories established by 
 Sir Jchn Colborne, in Upper Carida, Trcrc lot 
 la'trfully done, tnd that they are not lawful and 
 valid acts. The reference in this case, was not 
 to the Law ifRcers oi the Crown, so called, but 
 tc eminent Queen's Counsel, whose op'nions are 
 of the highest value, where thoy are best 'jnowt) 
 The probability in that fortified by this opinion, 
 stops will be taken, -.mder the authority of the reso- 
 lution passed by the Legislative Asserablj.lastSes 
 sion, to test the validity of the Rectory Patents, aiul 
 set them aside, in due form, by the authority ci 
 the proper tribunals of justice, as wasrecoinmeni!- 
 ed by Lord Glenelg, ss far back as 1837, as Cf 
 pears by His Lordship's dcpiatch of fitli July of 
 that year, lately published in thi»jonriial. What- 
 
 whicj'i, there had occurred, varioiis changes of evor such judicial prococdings may result in, it ia 
 aduriinistiatioii in England; beside? that its-jthe determiuntion to reiii)co», Iht; riglits cf 
 authority had been positively revoked, by Lordlthe present Ii.cumlonts of ihist' .Ticctorit-a 
 
/ 
 
 ft3 
 
 
 pnet, we 
 close. We 
 nd future 
 ctorieB, arc 
 3, year aftet 
 ; and ihoy 
 f under tlie 
 1 a reeuli of 
 ;d and pro- 
 administra- 
 »ral himwilf 
 d despatch, 
 rtain partiea, 
 ic opinion iu 
 queetJoD \>y 
 Dce. ^^■'' 
 itating, l^at 
 
 on the most 
 
 Mr. Hinckr' 
 gave it as 
 ;abli8hed by 
 
 la, TTcrt lot 
 t lawful and 
 le, "was not 
 called, b«; 
 if'nionB aro 
 Ibest \nown 
 this opinion, 
 of the resc- 
 ,l)lj,la8tSc!* 
 PatentB.aiul 
 authority <'• 
 recoinmen.!- 
 837, an c[- 
 |f C.th July of 
 ■nal. What- 
 sult in, it ia 
 rights of 
 Rtctoriti' 
 
 Itatati Mtait, it 
 So move, for 
 
 '''the Royal a sec 
 
 :ct oi" ihe Canadi 
 Boesion, enlitled " an act to repeal r.o much of the 
 r<krf of tha Parliament of Ortat Jhitaiu, passed iu 
 the 31rf ^r of the Rtign of King George IIJ. 
 and Ohi^ieind 31, as reiaies io lUc'oiia, and the 
 frtwdaiion of IncumbctUs to the tame, arid for 
 other purposes connected vith such Hectories." It 
 ia probable, tbat henceforward, the Church of 
 England in the Colonies, will bo manuged under 
 the authority of Mr. Gladstone's act, of the 
 present Session of the Imperial Pailiuincnt, 
 if passed, or by some Hirailar measure. 
 
 As regards the Clergy Keaervee, we have also 
 good ai thorily for eta'ing, that the present 
 Imperitl Qovcrnment will take no action, in 
 reference to them, on the riddress of a defunct 
 Provincial Parliament. They will bo guided by 
 the course that may be idopted, by the new 
 Provincial Parliament, ou this subject. What 
 that course may be, we hope to witness, after 
 August, for on the ninth of tha£ roabling month 
 in Canada, the collective wisdom of the Province, 
 arc doomed to assemble and wrangle together, on 
 the rock of Quebec, when their more considerate 
 and more fortunate confreres in Legislative laborb 
 in the mother country, will be storting with one 
 ftccord to the moors, to shoot grouso on the 
 12th. May pleasure and profit be the result I 
 
 ir'^e cc«(>i.te to (»4«hen tha ''>^^^[> eliotilfMife, soltv 
 which r wnong; *)t\m omugement nnght bii n^. 
 
 ^'"* Ai^'" '^^' ^Signed) ^"'^M.n.^.v, 
 lian Paimt«y»nt, ofla^ '- -' '', Liei.tenanl 
 
 .a.'.«jBtdTy 
 
 i'."i t- 
 
 —No. 1.— 
 (No. 35.) 
 
 Copjf of o Betpitch from Lifutsnani-Gai-err^or iiir 
 P. Maitiand, K. V. B. to E<irl Bathursl. 
 YoEK, Upper Canada, 17 Uay 1619 
 
 My Lord, — I have the honor to transmit to 
 your Lordship the copy of a petition from the 
 Presbyterian inhabitants <)f the town of Niaga>a 
 and its vicinity, praying for an annual allowance 
 of £100 to assist in the support of apreacher. 
 
 The actual product of the Clerfrj Keservcs ih 
 about £700 per annum. This petition involves a 
 question on which, I perceive, there is a diffvr- 
 ence of opinion, viz. Whether the Act iiucndh^ 
 to extend the benefit of the Reserves for t]»e 
 mni'Ucnance of a Protestant clergy, to all de 
 nouiinatioiiH, or only to those of the Chyrch of 
 England. Tho law ofliccrs .seem to incline to thi 
 latter opinion. 1 bea^ leave to obsiivc ft 
 your Lordship, witii inich respect, thnt youi 
 reply to this petition wiil decido a quostion wliicli 
 is of much interest, end on which there is a livt- 
 ly foelin'; throughout the provincp. 
 
 To sirui'i.i" requi^itioub of pfclitioiiers of on 
 own churchj it h.w been replied, that I hupci 
 
 tenanl-QoT<irn«r, 
 
 Enclosure in No. 1, 
 To His Excdlcncy Sir I'c- tgrine Maitlvnd, K. C. 
 Licuiciiaiit- Governor of the J'rovinee of 
 Upper Canada, dx, dr. Ac 
 
 Tho Petition of the PresbyteiiTu inhabitant* of 
 
 the Towr of Niagara and its Vicinity, 
 Uumlily siiowc'th. 
 
 That nreviiius to the late American whr, they 
 had built aud erected, at a great cost and ex- 
 pense, a very respectable Piesbyterian church in 
 the town of Ningnni, and which was the first 
 bui'diug set fire to uud burnt down by Uie Ameri- 
 can army ; tlioy hr.d also n clergyman for onc- 
 lialf of tho time, «nd regret to state that they 
 arc now without a prfacher, although they have 
 again erected a vcrj decent temnoiary house for 
 worship, in pnit of which they have allowed the 
 district school to be taught From the losses 
 sustained by those of the ''on^regation during 
 the late war, and from several others having re- 
 moved fiom thetown, those remaining find tljtin- 
 selvee unable to pay such a sum as would be 
 necessary to pay a preacher of respectability ; 
 and as they are truly anxious *o o^»tain one of the 
 Estaoli^hed Church of Scotland, f possible. 
 
 They, therefore, humbly pray, thiit your Ex- 
 cellency would take their peculiar case iuto con- 
 sideration, and that you would be pleased to 
 allow, or grant to the PretSyterian congregation 
 of the town of Niagaia, tli£ annual sum of £lOd 
 in aid, out of the funds arising from Clergy Rc- 
 scries. or any other fund at your Excellency's 
 disposal, of wl>:ch sum. togt-ther with what t]t« 
 congregation Avould obligate thcmseiveB to pay, 
 they trust would amount to such a sum as wouic 
 bo competent to induce a man of abilities nr di 
 rcspectubility to come from Scotland, or tuch 
 other part of Great Britain as your ExcellcnfT 
 might approve of and be pleased to reconmcr. J. 
 
 Should your Excellency not have it m your 
 power to grant the j raver of your petitioner!^ 
 niiiv they, in such case, humbly pray your Ex- 
 cellency's friendship and interest with the Go- 
 vernment at hjnie. 
 
 And your petitioners, as in duty bouud, will 
 ever pray. 
 
 37 Signatures. 
 
 Niagara, 30ih March, 1319. 
 
 -No. 2.— 
 
 Copy of a Despatch from jk'url Baf hurst to Li^:- 
 
 ienaiU-Govervor Sir P. Afaitlaid. K. C. B. 
 
 Downinp-otiect, Gui May, 1620. 
 
 Srn, — Having requfftid the opinion of H'« 
 
 Vinjciily'a law oiTioeis es to tlie ri^iht if tho diji- 
 
 'ciiting I'lotcsliiiit n'iiiistevs lesjJtnt in Canada, 
 
 !y pnrlai{e of tlie lands dircctt'd by the Act ©f 
 
 .L(j 3l6i Geo. 3, c. 31, to Le Jf served as « p;e\i- 
 
ft 
 
 54 
 
 aioB tor tb^SJbport 
 tentant clergy, f lave ne 
 
 aqc« 6^ % 
 
 Frf>- 
 
 to acqiiaiit *yibtt that 
 
 t,io«^e allot 
 visron for a 
 
 y 
 
 l:<: 
 
 ;•>. 
 
 tber aro of opinicn that thiiirii '^^ pmviaions 
 • r •bs 3l6t Gfo. 3, c. flTss. 5f»*k 42, 
 
 maae by 'bs 3l6t Gt-o. 3, c. 317s8. 3ff^*' 42, for 
 the SBpport and luaintenaricu of a I'rotefataut 
 clergy, are not confined solely to the clergy of 
 the Church of England, but niav bo extended 
 also to the clergy of the Cbiacn of Scotland 
 yet that thoy du i<ot extend to dissenting miniHtciK, 
 siDce tlic icrra "Protvatant clergy" can apply 
 only to the Protestant clergy recognized and 
 e9tabMf>he<I by law. 
 
 They are fuither of opinion, that with respect 
 to the 38th claase, " which eropowers His Majesty 
 to authorize the Governor to constitute and erect 
 parsonages or •eclorics according to the establish 
 i:>ent of ihc (Juurch of England," provides also, 
 " that he may endow every such paraonage or 
 rectory with m much of the jand% allotted and 
 appropriated i i respect to any land within Buch 
 township or parish which shall have been grant- 
 ed, as the Qi> Brnor, with the advice of the Ex- 
 ecutive Oounr ij, shall judge to be expedient " 
 
 Under thos-j terms any particular parsonage or 
 rectory migh be endowed with the whole lands 
 allotted and appropriated in tliut township or 
 povibh ; and it would bo inconsistent with this 
 discretionary power that any proportion of such 
 lands should be absolutely retained for any othei 
 clergy than those mentioned in the 38th clause ; 
 and they ar^s of opinion that it is not incumbent 
 o(i Hia Majesty so to retain any proportion of 
 such liindm 
 
 I have therefore to acquaint you, that although 
 it would be, generally speaking, most expedient 
 to uake, in the fii instance, a competent pro* 
 Tiaion for the Chu ch of E-gland in the colony, 
 yot in every parish in which the members of the 
 'Ohurcfa of Scotland may greatly predominate, it 
 appears both advisable and proper that a propor- 
 
 (Sig^tlf" 
 
 t shovild berrewrVed fohtii* pro- 
 ter df that Cliiwch. fm 
 1 have, »fc«f 
 
 Bathurot 
 
 '■fl^ 
 
 —No. 10.— 
 (^o.20G.) 
 Copy iff a DespaU'ft frovi Lieutenant- Oi^»rnor Sir 
 P. Maillmid, K. (J. B. to EadJintrmrift, \ 
 Upper Canada, York, 28 De««Jnbeh 1825. 
 
 My Lord, — In looking over the book corttain- 
 ing my despatches to your Lordshijj^ I observe 
 an error in tlie entry of that of the 'l7th' Mwy, 
 1819, which, as it may possibly alao exist in the 
 original transmitted to your Lordship, I am de- 
 sirous should be corrected. 
 
 Af'er stating that a difference of opinion pre- 
 vails in this province, whe'^er tlie 3l3t G^o. 3, 
 intends that the proceeds of the Clergy Rt-servea 
 should extend to Protestant ministers of all dc- 
 iioiu-'naiians, tir be confined to those of the Esta- 
 blislied Church of England, the sentence, as re- 
 corded here, runs, "thi law officers seem to in- 
 cline to the former opinion ;" whereas it should 
 have been, " the law officers seem in incline to 
 the latter opinion," the wonl "incline" having 
 been used instead of one of more decided im- 
 port, on account of some doubts having been en- 
 tertain :>d by the then Chief Justice of the pro- 
 vince on the subject, but which have since, I 
 have reason to think, been, on full consideration, 
 entirely removed. The other law officers were 
 always, I believe, decidedly of opinion that the 
 Reserves appertained exclusively to the Church 
 of England. 
 
 I am desirous that this explanation should bo 
 be recorded, in case any future agitation of the 
 question should render it necessary to refer to 
 my communications on the subject. 
 
 I have, Ac, 
 (Signed) P. M\itLAifD, 
 
 nUOH SCOBIB'lii SrUAJK I'RBSa, TOBOXTO, 
 
 IL 
 
i?M' 
 
 forJk* pro-,,.; 
 
 fecf 
 Bathuhot, 
 
 0^*rnor Sir 
 ixthurit, ] 
 ibef, 1825. 
 ok contuin- 
 i t observe 
 17th> M«y. 
 ixist in the 
 p, I am de- 
 
 »piiiioTi pre- 
 31st Geo. 3, 
 ■gy Reserves 
 s of all dc- 
 of the Esta- 
 jiicc, as fe- 
 seem to in-' 
 its it should 
 ) incline to 
 ine" havinj* 
 decided im- 
 ing been cii- 
 of the pro- 
 ive since, I 
 onsideration, 
 (fficerg were 
 ion that the 
 the Church 
 
 1 shonld bo 
 
 ation of the 
 
 to refer to 
 
 itc, 
 
 M\lttAJf[>. 
 
 .,.1^