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D., BY WILLIAM MORRIS, OF PERTH, UPPER CANADA, 1838. TORONTO : PUliN'TED AT Tim OFFICE 01 THE UKITISII COLOM^T, It^ !1 If, s- Ik il ep £X?<>^/ V b 163017 /^f5^/f/6y U) TO J LETTER Perth, Uiter Caxada, 1st J[tev, 1838. TO THE VERY REV'D PRINCIPAL MACFARLAN, D. D. AND THE REV'D ROBERT BURNS, D. D. Reverend Sirs,. You have long been zealous advocates of our church's claims in the British Colonies, and have been at much pains to procure a recognition of her rights in Canada. It may, therefore, aid your future exertions to bo possessed of the following remarks, and especially of the documents in the appendix, which cannot always be referred to without some trouble. Recent untow^ard events in our church's history in Can- ada, with which you are well acquainted, have assumed a national character, and as such, I doubt not, will be viewed by the leading men of Scotland. It is surely time that the provisions of the Treaty of Union should be understood; and if the conditions of that solemn compact do not confer on the natives of Scotland rcsidont in the British Colonies equal rights with those possessed by their fellow subjects of England, the sooner this is known, the better will it be for the peace and safety of these colonies. In the year 1791, the Imperial Act 31 Geo, III. chap. 31, was passed, dividing the Provaicc of Quebec into the Hi I 'iy > Provinces of Upper uiiu Lower Canadn. An imporiant, l)rovision of the statute is the reservation whicli it makes of one seventli i)art of all the nnceded hnids for the supi)ort and maintiniance of a Protestant C'lerii^y. At the period in ([ucstlon the territory embraced within the Province of Upper Canada, did not, it is supposed, contain ten thousand inhabitants, who were scattered along a frontier of more than six hundi'cd jTiiles, and were composed of the soldiers of se-\-eral disbanded Regiments which had served in the revolted colonies, now the United States of America — of f)ersons who adhered to the Royal cause by following the standard of their country into Canada, and who arc fami- liarly known l)y the appellation of '^ U. E. Loyalists," v/hich means those who opposed the American Rebellion, and supported the unity of the Empire, — of a settlement of Scottish Highlanders in the County of Glengary, and some French Canadians in the neighbourhood of Amherstburgh, in the Western DisLri(jt. In Europe, little was then known of the colony which has since engaged so nmch of the public attention. Emi- gration to the port of Quebec, for many years afterwards, was scarcely ever heard of. Immense forests of unculti- vated land were unoccupied, and conseciuently considered of no valu(\ The Clergy Reservation equally partook of the same unproductive and unfavourable condition. " The Upper Province," says the Archdeacon of York, "continued " almost a dense forest till after the American War of " 1812. Few or no Reserves were leased, and consequently *' there were no funds at the disposal of the Government. The few Clergymen of the Church of England then resi- • dent in the colony, were su})ported as Missionaries by '- annual salaries derived from the British Government." u a The Ministers of the Church of Sc^otl.ind, an;l of other (lononiinations, also fow in nunibor, had to strng^'lo for a Uvcliliood in tlic best way they could; for whatever mi^i^ht have been the opinion or hopes of the settlers, who were connected with the Church of Scotland, on the subject of the Clergy Reserves, it wouid ha\(i b(H;n V(n'v idle to pro- pose supi)orting clergymen from lands which produced ''no funds,'' and therefore a hopeless undc>rtaking to apply to any Presbytery in Scotland for ministers, whose only chance of maintenance would have been the precarious contributions of their countrymen, the greater ])art of whom were unable to do more than provide for the immediate wants of their wives and children. itly !iit. Under these circumstances, it sliould neither create surprise, nor subject us to censure, if no public claim was made on the part of the Scots Church to participate in the possession of jH'operty which yielded no revenue. For the same individnal has said that ''Upper Canada even in 1818 was still in comparison a wilderness,'' and it was not till the 30th of April 1810, that the Clergy Corporation was constituted l)y patent under the Great Seal of the Province. How long after this period the proceeding was known only to its promoters, docs not come within my knowledge, but from several circumstances, I am inc'^iied to believe that the formation of this cor})oration was i^ ublic prints of Lower Canada; by which tiie colonists Avere made acquainted with the pretensions of the clergy of the English Church, and their determination to possess the wholj of these lands,amounting to nearly four millions of acres. Up to this period, the Clergy lleserves wore neither possessed nor managed by the clergy of the Church of England; the Sherills of the several Districts collected the rents under the authority of the Executive Government, and paid the amount to the Receiver General of the Province. It is supposed that the patent or commission in question did not confer any oilier power on the coqioration than that of leasing the lands, for it was intimated to the com- mittee of the House of Commons on the civil government of Canada, in the year 1828, that a wish had been express- ed by some of the English (Clergy to obtain power to sell a portion of the Reserves for the support of the Bishop and Archdeacons in the first place, and then for the support of the other clergy of the Church of England and also for the education of childrcen in the principles of the church of Eng- land (1.)* ^^'^it as no copy of the commission was possessed by the Colonial Department,and therefore not laid before the committee, and as the correspondence on this subject has •* See Ai'prsidix. 1 nl 11 hi U \] never been made public, doubt and conjecture must at present supply the nlace of certainty and information. It is, however, very probable that by this application it was in- tended to set at rest all uncertainty as to the meaning of the term '* a Protestant Clergy," used in the statute under consi'deration. The same term, be it remembered, that is found in the Act 14 Geo. 3, chap. 83, which was passed for establishing the Government of the Province of Quebec, soon after the conquest of the colony, the Gth clause of which authorised His Majesty, his heirs or successors, to make provision '' for the encouragement of the protcstant religion, and for the maintenance and support of a Protestant Clergy." This language is so plain and comprehensive, and at the same time so satisfactorily in accordance with the expres- sions used in the Articles and Act of Union, that any legal decision upon it, favourable to the claim of the Church of Scotland, would seem to be nothing more than a recognition of the principles of that treaty, which regards the Church of Scotland as one portion of the true Protestant Religion, and which awakened the fears of prejudice in the House of Peers, as the protest of a few noble Lords will explain (2). Those self-important individuals, like some persons of the present day. were greatly alarmed lest a law which required the Sovereign at the accession to the Throne of the United Kingdom, to take and subscribe an oath inviolably to main- tain and preserve the Church of Scotland as the true Pro- testant religion, should have the effect of making that Church what it would seem they wished she were not; but to the honorfof that enlightened and exalted branch of the Imperial Legislature, few members were found to adhere to the protest. !: ! 8 1 would briefly observe, that if the Constitution of the United Kingdom has established the Church of Scotland as one branch of the true Protestant religion, (and this no on(3 will attempt to deny,) and if the Statutes of the 14th and 31st years of the reign of His Majesty George the 3d, clothe th(^ Sovereign with power to promote Jind maintain thni religion in the Canadas, being British Colonies, it is surely an illiberal interpretation of the latter act to suppose that because the 38th and 39th clauses direct that a portion of the reservation shall be applicable to the building of Churches and to the support of Ministers of the Church of England — the other branch of tlie established Protestant religion — that therefore it is the only Church entitled to consideration ' under these Statutes, and this too despite the opinions of Mr. Dundas and Lord Grenville, two distinguished members of the House of Commons, when the latter act passed (3.) I cannot believe that the term "Protestant Clergy" was used in these Statutes for the puqxjse of designating the Clergy of the Church of England, for if so, the same language would have prevailed throughout; and when it is found that this expression is not incidentally made use of in an obscure raeuiner, and in an unimportant part of a sentence, but occurs exclusively in the 36th and 37th clauses of the act of 1791 , and which are the very foundation of the appropriation, I feel bound to assert that the Statute protects the claims /and interests of the Cburch of Scotland as amply (they being, to all intents and purposes, "a Protestant Clergy") as it pos- sibly can do those of the Clergy of the Church of England. I have never yet understood what called forth the doubts which induced Lord Bathurst, in the year ltl9, to submit the act in question to the Law Offtcers of the Crown, ill or.lcr to fisrortnin liow far, under tlio losrnl ronstnirtion of it, " the rlissentinc; Protestant Ministers resident in Can- ada have a le^al claim to participate in tlie lands by that act derccted to be reserved as a provision for tlu; support and maintenance of a Protestant Clergy." But, I think it may be confidently assumed, that it was not owing to any a})})li- cation from tlie mendjers of the Church of Scotland here, else the opinion would have been recjuired in a different manner from that stated in Earl Bathurst's letter to those learned functionaries, and the first paragraph of their an- swer is quite conclusive on this point. For they say that although the provision is not confined solely to the Clergy of the Church of England, but may be extended also to the Clergy of the Church of Scotland, yet that it does not ex- tend to dissenting Ministers ; evidently shewing that the doubts had been raised in favour of dissenting Ministers, and not on account of any application from the Church of Scot- land, whose right at that time had neither been advanced nor denied in any public discussion or document that I ever heard of. It is worthy of notice that in 1819the Colonial Govern- ment of Upper Canada directed letters patent to issue, ap- pointing the Bishop and Clergy of the Church of Eng- land a corporation to have the sole management of the Clergy Reserves, and that immediate application was made for power to sell as well as to grant leases of the land; — this request the Home Government never complied with : how could it 1 for the statute confers no such authority on the Sovereign, even the formation of the corporation was an assumption of extra-judicial power. M)out the same ^»eriod His Majesty's legal advisers were required to report whether it was incumbent on His B M' 10 Majesty to retain apro)X)rtion ortliolaiuls for tliedissentiiii? Clergy. By Avhich eireuinstaiice it is known that an opin- ioii was entertained in some quarter that tlie Church of England was not entitled to enjoy the whole reservation. If the decision which the law officers of the Crow^i came to on the subject, was never transmitted to the Gov- ernment of the Colony, it would be wrong to accuse the individuals who composed it with unfair deahng in having concealed from the public, especially from the members of the Church of Scotland, a matter of so much importance, and in w^hich they had so deep an interest. At the same time it is difficult to reconcile a contrary course of proceed- ing on the part of the Home Government with that full and fair statement w^hich was laid before the crown lawyers. A candid and open communication to the Provincial Parlia- ment in 1820, of the state of the case, and of the views of Government on the subject, would have removed all ground of suspicion, and have prevented much evil which has be- fallen the Colony in consequence of the opportunity which secrecy gave to selfish aspiring in'iividuals to misrepresent the state of public feeling, and to misapply the funds derived from the lands ; for it is supposed that up to the year 1828 not a single clergyman had ever been supported from this source, although the gross rental of lots under lease ex- ceeded £1200 per annum. How it could have cost £800 a year to collect the rents is left a matter for unsatisfied curiosity to talk about. But that such is the case, abundant evidence has been addu- ced. [4] In the year 1820, it became generally known that the Clergy of the Church of England were organized as A Board to superintend the management of the reserved lands, and 11 Irom the discouraging distance at which the ministers of the Church of Scotland were keptby the Provincial authorities, as well as by the style in which they were usually spoken of, it was quite obvious that their rights and claims as a co- ordinate branch of the established Protestant religion would be regarded by those in colonial power as entitled to no consideration. These circumstances, no doubt, had a due influence on the Scottish Presbyterians of Lower Canada, when they made the first formal application to His Majesty for support for their Clergy from the provision made by the constitu- tional act — and to a certain extent did they operate on my mind when I laid the subject before the House of Assembly of the Upper Province in the month of December, 1823. I have not been able to procure copies of the first two answers which Lord Bathurst gave to the applications sent to him from Lower Canada in favour of our Clergy ; but I sul'^oin a copy of the third letter which they received, and the late Rev'd John McLaurin, of Lochiel, when he fur- nished me with it in February, 1824, said it was the least favourable of the three. It is addressed to His Excellency the late Earl of Dalhousie, then Governor-in-chief of these Colonies, and bears date at Downing-street, 3d September, 1823. [5] The result of my proposition in the Assembly was an address to His Majesty infavour of the claim of the Scottish Church. [6] A large majority of that House voted in support of the measure ; and although it was not concurred in by the Legislative Council, five members of that body being for it and six against it, I am firmly persuaded that it would have received the assent of both branches had the 12 Fact been known to the public that the law officers of the Crown had recently given an opinion in accordance with the view taken of the law by the Assembly. The only answer ever received to this address was a message from His Excellency Sir P. Maitland, dated the 27th January, 1825, in which it is stated that a despatch had come to hand from the Secretary of State for the Co- lonies, informing His Excellency that the address of the House of Assembly " has been duly laid before the King." [7] I cannot help believing that some unfair, secret in- fluence from this Province had the effect of preventing a reply from His Majesty to this respectful and forcible ap- peal in behalf of the claims of oar Church. During this year the Imperial Act, 6 Geo. 4th, chap. 75, was passed, and as it empowered His Majesty to sell to the "Canada Company" one half of the Clergy Reserves, and also to set apart and appropriate other waste lands of equal value, to be substituted and exchanged for those to be sold to the Company, the House of Assembly very natu- rally felt anxious to know what the Government intended to do with the proceeds of the sale ; and also to inform His Majesty that any further appropriation of Clergy lands was contrary to the feelings and wishes of the inhabitants of the country. An address for these objects was consequently passed on the 27th January, 1826, and which I append for your information. [8] This document was not suffered to lie long unanswered at the Colonial Office, for at the commencement of the ensuing session of the Legislature, His Excellency sent down a despatch from Earl Bathurst, dated Downing-street, 11th June, 1826, [9] in which His Lordship says His Majesty was persuaded the Assembly would never have passed the address if they had understood Ihe true intent of the Act of Paili;uncnt referred to, whicli had not for its object any increase of the amount of the Reserves " specially allotted for the established Church." This uncourteous answer produced much warmth of feeling in the Assembly, and was immediately submitted to the consideration of a committee of the whole house, when a series of resolutions were adopted expressive of the views and sentiments of a large majority of that body. The answer was unsatisfactory to the Assembly because it supposed the members incapable of understanding the meaning of a plain and intelligible Act of Parliament ; and also because it abruptly declared that the lands set apart for the support of a Protestant Clergy were " specially allotted for the established Church." This term was understood by the Assembly to mean the Church of England, as no answer had been given to their address in favour of the claim of the Scottish Church ; and as at that period it was customary among a certain class when speaking of the Church of England, to designate it as " the Church,''^ or the *' Established Chiirch,^^ indeed, the absurd custom prevails even yet, although not to the same oftensive extent that it did a dozen years ago : perhaps some of the early exclu- >sionists have had their eyes opened to the reality that their Church is not the only one within the pale of Christianity, and this may account for the' pleasing modification of their modern language respecting churches. Little did I dream, at the period alluded to, that an opinion in support of the rights of the Church of Scotland had previously been furnished to Earl Bathurst by His Majesty's legal advisers ; and if His Lordship, by the use of that expression, meant only one of the established 14 rhurclios, it vvoiikl sccni tJiat he ditl not feci under any particular obligation to bo guided by what they thought on the subject. But I am disposed rather to infer, now that there is more light on the subject than shone on the public mind previous to the publication of the report of the com- mittee of the House of Commons in 1828, that His Lord- ship intended by using the language " established Church" in the despatch, to include both churches — and this inter- pretation would better accord with his speech in the House of Lords shortly after, when he said the Reserves would seem not to have been exclusively intended for the Church of England, and that the allotment looked like a provision for the Church of Scotland also. [10] This stage of the proceeding would naturally embrace the exertions which were made in London by the Rev'd Doctor Strachan, now Archdeacon of York, and it might perhaps be of advantage to lay before you copies of the several papers which he circulated there in order to strength- en the claim to exclusive privileges in favour of the Church of England. But as this would expose sentiments and views which have subsequently proved to be erroneous, and as the publication of those documents cannot alter the position or ground of right in favour of either Church, or in any degree advance the cause of justice, I prefer pas- sing them in silence, choosing rather to submit such docu- ments of an official character as will shew how far the Go- vernment of the Mother Country may be considered pledg- ed to provide support for the Clergy of the Church of Scotland out of the clergy lands. In the year 1825, the Rev'd Doctor Mearns, of King's Colle^rej Aber'leeD, wiio was convener of the General As- sembly's r-oiviinittc*^ on l)if r;ntrt!i;i I'liiiinn. made a|»|)li»'n« tioii to the Secretarv of State tor tiir (.'(►Ionics in Ix'hallpt" the Mmisters of the »Scul's Gliiuvh in Canada, and I'iarl Bathurst was pleased to commuuicate an answer so fa- vourable, [11] that Lord Glenelg, in May, 1837, admitted that " the expectation held out by His Lordship in 1825 to the General Assembly of the Scots Church, entitled the Ministers of that Church to the most favourable consider- ation in the distribution of any funds applicable to religious instruction." Notwithstanding the fair prospects which this answer presented, the parties most deeply interested in the issue were doomed to continued disappointment ; and on the 8th June, 1827, the same committee of the Church, with Doctor Lee as its convener, sent forward another petition on the subject, which, with the reply dated at the Colonial Office on the 4th July following, you will find in the appendix, No. 12. About this period the Government of Upper Canada received orders to pay to the Clergy of the Scots Church, from the casual and territorial revenue, the sum of £750 sterling. At first the Ministers were allowed £90 sterling, but in January, 1829, His Excellency Sir John Colborne found that an equal division of the sum at his disposal for this purpose, would reduce the amount to be paid to such minister to £57, below which he stated in a letter to the late John Crooks, Esquire, of Niagara, it should never be reduced. [13] It has been stated that this liberal appropriation on the part of Government should have satisfied the members of the Church of Scotland, and deterred them from pressing their claims to a share of the Clergy Reserves. But those who -; I make such ol)servatIoiis, must know little indeed of iho Scottish character, if they imagine that an inconsiderable allowance to a portion of the ministers only, and that paid out of a temporary fund, could induce the members of the Church of Scotland to waive their national imprescriptible, right, to enjoy in a British colony equal advantages with their fellow subjects of England ! It is true that the gross sum mentioned has received some augmentation as the num- ber of the clergy increased, but it has not much exceeded a tithe of the provision made for the support of the clergy of the English Church who are all provided for, whereas many of our ministers have never received a farthing from the Gov- ernment. At Vandieman's Land I perceive that nearly the same humiliating disproportion of public patronage was kept up till quite lately ; the Government allowance for the year 1836 being to the English clergy £5,953 14 0, and to the Scotch Church only £550 0. Lord Glenelg has said, "that as there did not appear to him to be any sufficient reason for this distinction, he consequently instructed the Governor to propose to the Legislative Council that the latter should receive the same amount of stipend as that to which the clergymen of the Church of England were entitled," and it is to be hoped that the same impartial proceeding will be directed for the Canadas. The apphcations and complaints from this country on the subject of the Reserves, as well as on other matters, became so numerous and loud that the House of Commons, in the beginning of May, 1828, appointed a committee of twenty-four influential members to take into consideration and report on the state of the civil Government in Canada; and after an industrious investigation, which lasted nearly three months, they made a report of their opinion on vari- / 17 / ous subjects of important interest to the iiiiiabitants of both the Canadas. The appenilix to the Report comprehends the testimony of numerous witnesses, and a variety of papers, some of which the people of this colony had not previously heard of ; among these holds a prominent place the opinion of His Majesty's law officers, relative to the Clergy Re- serves, dated Doctors' Commons, 15th November, 1819, for a copy of which and the names of the persons who com- ])Osed the Committee, see appendix. [14] A perusal of this Report, and the questions put by the committee, to- gether with the evidence of some of the witnesses who were connected with the colonial department, must remove all doubt as to the intention of the Government respecting the establishment of the Church of England in Canada as a dominant Church. And in order to give you ready access to this information, I have appended part of the evidence of the Right Hon. R. W. Horton, and James Stephen, Junior, Esquire, the former Under Secretary, and the latter coun- sel in that department. The publication of this Report afforded very general satisfaction in both Provinces, and the Scottish part of the population in particular felt a degree of hope surpassing any former occasion, that their ardent attachment to their coun- try's Church would ere long be rewarded by seeing her clergy set free from disability and placed in the possession of every privilege which the clergy of the sister Church are permitted to enjoy ; nor was this fondly cherished anxiety without flattering prospects for several years, for althougli the whole available revenue which was derived from the clergy lands, continued to be paid to the elergy of one of the establishments only, yet the tenor of several public docu- ment which came before the Provincial Legislature, in the c I? 18 mean time, was such as lo keep alive the confident l)elier that the Scottish Church would speedily obtain, at the hands of the Imperial Government, that recognition which justice points to in her favour as a branch of the true Protestant Church of Great Britain, and which the colonial authorities had long endeavoured to frustrate. I here allude to an ex- pression used in Lord Goderich's despatch of the 8lh Nov. 1832 — to Sir John Colborne's message to the Provincial Parliament, of the 25th January, of the same year — to the Address to the King from the Legislative Council — and to Sir F. B. Head's instructions when he assumed the Ad- ministration of the Government. [15] From the period when the discussions took place on this subject in the Imperial Parliament, I mean in the year 1828, up to the month of February, 1837, the public mind seemed for the most part satisfied that the utmost reliance might be placed on the intentions of His Majesty's ministers with regard to the ultimate disposal of the all-absorbing ques- tion of the Clergy Reserves. Even those persons in the colony who had formerly held the most exclusive opinions regarding if, appeared to relax in their sentiments and to modify their language, in accord- ance with the principles which were professed in the seve- ral documents I refer to. This feeling of accommodation, whatever might be its origin, was beheld with the utmost satisfaction in the Legislative Council's address to the King. And the people of all classes looked upon the anxiety of that body as the harbinger of an era in the history of the colony, which would ever after be regarded as the beginning of a liberal system of Government ; and that at no future time •would it be asserted that the clerfjv lands in Canada were 19 the exclusive property of the Church of England ; or, that the power and right of the Provincial Legislature to amend the constitutional act in that respect, would ever again be stigmatized as an attempt at robbery and spoliation ; more especially, as the exercise of that power had received the frequent invitation of His Majesty's Government. At the close of the Session of 1836, it became known to the public that a certain number of Rectories had recently been established and endowed with a portion of the Clergy Reserves ; and although this unexpected proceeding was very generally condemned as unwise, and as a violation of an honourable engagement on the part of the Government, I believe very few persons imagined that His Majesty's ministers had given directions to that effect. Indeed, to have supposed this possible, should have been to accuse them of the most dishonourable breach of good faith wholly irrecon- cilable with the duty of high-minded ingenuous noblemen who^'ulo the destinies of the British Empire ; and who had placed at the disposal of the Legislature of the colony the settlement of all the difficulties connected with the Clergy Reserves, by " inviting the House of Assembly to consider " how the powers given to the Provincial Legislature by the " constitutional act,to vary or repeal this'part of its provisions *' can be called into exercise most advantageously, for the *" spiritual and temporal interests of His Majesty's faithful ^' subjects in this Province."' During the interval preceding the next Session of Par- liament, nearly all the Presbyterian congregations in the Province held meetings to consider of a measure which they conceived would materially interfere with their civil and religious lights as a branch of the established veli^ion of the 20 United Kingdoms; and consequent petitions were prepared and presented to both Houses condemning, in plain and spi- rited language, the establishment of the Rectories. Not only did the members of the Church of Scotland raise their voice against a proceeding which they considered illegal and unjust, but the Wesleyan Methodists, at their annual Con- ference soon after, sent an arldress to His Majesty expressive of their strong disapprobation of (he measure. [16] The consideration of one of those petitions was the oc- casion of that speech in the House of Assembly by the Soli- citor General which created such a degree of excitement a- mongthe Scottish inhabitants, and which led to a meeting at Cobourg of delegates from the several congregations on the 14th April, 1837. You are perfectly acquainted with the result of that meeting, and know that I pi'oceeded to London shortly after it broke up, as the bearer of a petition to the King and to both Houses of Parliament, complaining of the policy which the Colonial Government had pursued with respect to the Rectories and other matters connected with religion ; and praying that the members of the Church of Scotland might be put in possession of their constitutional rights in a British colony. My correspondence with the Colonial Secretary put you in possession of the reception which this application met with, and of the views entertained, at that time, by Her Majesty's ministers relative thereto. The despatch of Lord Glenelg to Sir F. B. Head, of the 6th July, 1837, [17] shews beyond all controversy that the establishment of the Rectories was altogether an act of the Colonial Government, and one which caused much surprise and mortification to the Secretary of State for the Colonies. 91 'riie legality of the measure is yet to be ascertained, for it seems that an opinion of Her Majesty's legal advisers, like that described by Cowper in an adjudged case not to be found in any of the books, is of no practical value, but may be changed after the most mature deliberation ! Tht; cjuestion yet to be determined is, fu'st, whether the letter of Lord Bathurst [18] to Sir P. Maitland, dated Downing- street, 22d July, 1825, is in compliance with the letter and spirit of the 38th clause of the Statute HI Geo. 8d, chap. 31, and next, whether that letter can be regarded as having legal force in the year 183G, after the death of His Majes- ty, in whose reign it was written, and after the recall of the Lieutenant Governor to whom it was a^ldressed, and to whom alone it gave authority to act, and long after His Majesty's ministers had in various ways acted upon princi- ples diametrically opposite to those expressed hi the letter; and more especially, as the Governor in Council did not establish the Rectories under the authority of that despatch, but by virtue of Lord Goderich's confidential despatch of the 5th April, 1832, which Her Majesty's law officers have twice declared contains no authority for that purpose ! Whether the proceeding of which we complain be le- gal or not, the good faith of the Home Government, re- peatedly pledged that the local Legislature should be per- mitted to manage the settlement of the conflicting disputes about the Clergy Reserves, has been compromised in a way that ought to produce the most painful emotion to an ho- norable mind. It may yet be found that the words at the commence- ment of the 38th clause, require the sign manual of the >Sovereign to an authority, before the Lieutenant Governor^ 'ill i with the advire of the Council, oan estabhsh u single Keo- tory. IJut whc ihor or not, is it to bo countenanced that tlie ancient records of any colonial government are to be ransacked for documents to justify proceeding > opposed to the fleclared policy and j)rincipl(?s of the present Ministers of the Crown ? T need not mention what e fleet such an admission would have on the colonists ; confidence in the integrity of our rulers, under such a state of aHairs, must graduallv be destrt^ed, unless, perchance, Her Majesty's ministers take steps to vindicate Her injured councils, but* of this I do not perceive any immediate prospect. Not only has no legal proceeding been instituted to try the validity of the Rectories, as we were led to hope by the des})atch of the Gth July, last year ; but now we are told to bring an amicable suit in the Court of Chancery, in order that either party may appeal to the Judicial Committee of the Privy Council for a final decision. This course would subject us to great expense, and engender a rancorous feeling of ani- mosity throughout the whole country. Let the Govern- ment, therefore, bring the matter to a fair and impartial settlement, by placing before the high court of Parliament our oft-repeated claims founded on the treaty of Union — the constitutional act of Canada as explained in the debates at its passing — and the promises and hopes held out to us, from time to time, by the noblemen in charge of the colio- nial department. If, after such a decision, we have at any time reason to complain of the conduct of the colonial authorities, in any matter which involves our national rights and privileges, there will be a satisfaction in knowing that the ministers of the Crown, on a former occasion, took effectual steps to bring our complaints before the proper tribunal for investi- 23 gallon and ailjuslnicnt. Aiul wliether llie decision shall come up to my ideas of what is due to our countrymen in I he British Colonics, or shall sustain the cHbrts of tho-jc who oppose us ; we \\iJl, in either case, arrive at certainty as to the future. But if, unfortunately, Scotsmen shall be doomed to fill an inferior place as British subjects in these Colonics, it will be a t tnsolintr reflection to mo that I never, in one instance, compr(>fni^«cd a single " right, privi- lege, or advantage," which belongs to my native country as an integral part of the British Empire, I may, before bringing this letter to a close, mention a very general opinion that prevails here, as well on the part of many influential ministers and members of our Church, as among numerous classes of other denominations; that composed as is the population of Upper Canada, it would not only be highly inexpedient but positively unjust, were the Government to clothe either or both of the na- tional establishments with exclusive spiritual powers and advantages, or to confer in liko manner the whole of the clergy lands. There are other Protestant communities, particularly the Methodists, who have done much to meli- orate the religious destitution of the Colony, and at a time, too, when few other clergymen were in the country It would, therefore, seem exceedingly selfish were we, when advocating our constitutional claims and rights, to deny to our fellow christians and neighbours that countenance and support from the Government, the deprivation of which has caused us so long and so justly to complain. More especially, as the Imperial Legislature must have contem- plated the probability of such a state of society in the Pro- vince, as would render legislative relief to those sects ne- cessary ; and hence the 41st clause of the act in question ^ 34 gave the Colonial rarliament, under certain restrictions, authority to " vary or repeal" any of the provisions " res- pecting the allotnnent and appropriation of the lands." Be- fsides, the message of the 25th January, 1832, held out encouragement, which inspired hope in those communities, which it would be most ungenerous to disappoint. I have never been able to perceive that the powers of an establishment such as our Church enjoys in Scotland, could benefit that branch of it which exists in the Canadas, even if there were no jealousies and opposition in the way. Endowment, to secure the decent and permanent support of public worship is all we ought to desire, and endowment only to a limited extent ; for the congregations must be required to contribute a portion of the ministers' stipend, whether by pew rents or otherwise, else a state of indolent indifference may arise materially detrimental to the pros- perity of the Church. All we require is a moderate and limited endowment, with legal corporate powders, to enable lay members of the Church, as trustees, (not Presbyteries and Kirk Sessions)to hold and manage the property for the benefit of the Clergy; [19] and this is as necessary for other churches as for ours, and will readily be granted by the Legislature whenever it is asked. To enforce the ecclesiastical authority or discipline of any church by legal enactments, will, I am strongly per- suaded, prove an entire failure if ever it be attempted in Canada. Exclusive privileges are not adapted to the so- cial or political condition of any part of continental Amer- ica, and I think those who have formerly advocated the experiment in Canada, would manifest much wisdom by abandoning the design. «> 25 The charter of King's College was long the subject of angry debate in the Assembly of the Upper Province, and although the chief part of its objectionable character has been removed, in accordance with the public voice ; the people sustained much injury by the alienation of 225,000 acres of their school lands with which this intended institu- tion was endowed,when its promoters were in the plenitude of their secret power. A copy of a report of a committee of the House of Assembly, which I drew up some years ago, and which I add to the appendix, along with some o- ther documents, will let you understand the nature of :• is extraordinary transaction. I fear I have trespassed too long on your time, and shall therefore conclude by expressing a hope, in the me- morable words of Queen Anne, in her first speech to the British Parliament — that Her present Majesty may speedily ** extinguish by all proper meani, the least occasions for " jealousy, that either the civil or religious Rights of any ** part of Her United Kingdom can suffer by the conse- ** quences of this Union." I remain, Reverend Sirs, Your most obedient servant, W. MORRIS. poi pul- wh des are ne\ the the the of n rec( Re( trie thai tres cref Car Cor gra, anij: of 1 tho one- oftl lea3i rece oftF APPENDIX. [1] p. p. 6. Kxtract from Mr. Stephen's Evidence, before the Committee of the House of Commons, on the Civil Government of Canada, in the year 1828 : Can you give the Committee any information respecting the Church Cor- poration ? — The Church Corporation is created by a Commission under the puhHc Seal of the Province of Lower Canada, and" it has always been doubted whether the Governor had any strict legal right to issue such a Commission. When was it issued ? — I believe about nine years ago. Of whom does it consist ? — I believe it to consist of the Bishop, the Arch- deacons of the two Provinces, and the Clergy of the Church of England. They are all, as I understand, members of this Corporation virlute officii, but I have never seen the instrument ; we have no copy of it in Downing-street, and lean therefore speak of it only from the representations of others. Do you know what powers they have under that Commission? — I think their powers are confined to granting leases for the term of 21 years, and to the prevention of trespasses on the Clergy Reserves. They are a corporation of management merely ; they have no power to appropriate the rent which they receive. Is the rent received by them ? — The rent, 1 apprehend, is paid over to the Receiver General of tlio Province. To him directly ? — I believe that the clergy collect it in their different dis- tricts, from the tenants, and pay it over to the Receiver General. Have they any other power than that of leasing the land ? — I am not aware that they have any other powers except that of leasing, and that of preventing trespasses. Has any wish been expressed by the Church Corporation to alter or to in- crease those powers ? — A wish to that effect was expressed by some of the Canadian Clergy. What powers did they think that it would be expedient to vest in the Church Coi'poration ? — They wished to have powers resembling those which were granted to the Corporation in New South Wales, which powers are much more ample. What arc those powers ? — In New South Wales, in every county, a block of land is set apart, which is conveyed to a corporation, called " Trustees of the School and Clergy Reserves." The Corporation have the power of selling one-third of what is so set apart for them, and applying one half of the produce of those sales to the improvement of the rest. The Corporation are to grant leases of what remains in its improved state, and the rents which they are to receive from those leases, with the interest arising for one half of the proceeds of the sales, are to be divided into two equal shares. Of these, one is to be ap- plied in supporting schools for the education of children in the principles of the II Kstablished Church of Kngland ; llic remaining lialfis to be applied lo the sup- port of the liishop and Archdeacon in the first place, and then for the support oi the other Clergy of the Church of England. When those objects are efl'ectu- ally provided for, the surplus is to be applied in whatever manner the King shall bo pleased to direct. Do you know what number of leases have been made ? — I do not. Are you of opinion that the act of 1791 contemplates the endowmentof the Church of En.fjland, but that ut the same lime, with respect to lands which are not necessary t(» bo applied for the endowment of the Church, the rents and profits of those lands may be applicable, at the discretion of the Crown, to the purposes of a Protestant Clergy, speaking generally ? — As I understand the Act of 1791, it distinguishes between the Clergy of the Church of England and a Protestant clergy. To the clergy of the Church of England, and to them a- lone, it gives tho capacity of receiving endowments as parochial ministers. To " a Protestant Clergy," whatever those words may mean, it gives the capacity of receiving any parts of these lands which the Royal Bounty may deal out to them. The expression, " a Protestant Clergy," is undetstood by the law offi- cers of the Crown to mean any Protestant Clergy, recognized by the law of Great Britain, or in other words tho clergy, either of the Church of England, or of the Church of Scotland. When you speak of the Royal Bounty, do you mean the rents and profits that may be mado from the Clergy Reserves ? — Not the rents and profits merely. I apprehend that the King might, if it should so please him, appropiiate in perpetuity a certain portion of land for the sustentation of one or more English clergymen, or of one or more Presbyterian clergymen of the Church of Scotland. Do you mean beyond the one-seventh reserved, or out of that one-seventh? — Out of the one-seventh. How do you reconcile that answer with the statement that the Act appears to you to contemplate an endowment only of the Church of England? — Btcau.se I apprehend that itis one thing to erect a parsonage and endow it with a glebe, and a different thing to appropriate a piece of land for the maintenance of a clergyman. Have the law officers of the Crown given their opinion distinctly, that by the term Protestant (Jlergy no other sect is included, except the Presbyterian clergy of the Church of Scotland ? — They have, as I understand them, given their opinion distinctly, that no body of clergy, not recognized by the law of this land, can be candidates for this property. And that consequently no such body is contemplated under the term Pro- testant Clergy, under the Act of 1791 ? — Yes. Can you point out in the Act the words upon which you take the distinction you have stated to the Committee ? — The 37th clause enacts, " That all and every the rents, profits or emoluments which may at any time arise from such lands so allotted and appropriated as aforesaid, shall be applicable solely to the maintenance and support of a Protestant Clergy within tho Province, in which the same shall be situated " The .38th clause enables the King to au- thorize the Governor, with the advice of the Executive Council, to erect within ©very township or parish, one or more parsonage or rectory, according to the establishment of the Church of England. The 39th clause enables the King to authorise the Governor to present to every such parsonage an incumbent, or minister of the Church of England, who shall have been duly ordained according to the fitesof the said Chureh, The 40th clause declares that every presenta- tion of an incumbent to any sucVi rectory, and the enjoyment of the rectory and the profits of it by the incumbent, shall be liable to all the rights of institution and other spiritual jurisdiction which may have been granted by the King to the HI Bishop of Nova Scotia, or which may be granted to any other person according^ to the laws and canons of the Church of Engluud. And the 41 at clause enucta, That the several provisions hereinbefore contained respecting the ^llottmentand appropriation of lands for the support of" a Protestant Clergy" within the said Provinces, and also respecting the constituting, erecting and endow^ing parson- ages or rectories within the said Provinces, and also respecting the presentation of incumbents or ministers to the same, and also respecting the manner in which such incumbents or ministers shall hold and enjoy the same, shall be subject to bo varied or repealed by any express provisions for that purpose contained in any Act or Acts which may be passed by the Legislative Council and Assembly of the said Provinces respectively, and assented to by His Majesty, his heirs and successors, under the restrictions which are afterwards mentioned. Those restrictions are the laying them before Parliament. The 42d section enacts, that whenever any Act is passed by the Legislative Council and Assembly of either of the Provinces, to vary or repeal any of those provisions respecting the allottment and appropriation of lands for the support of a Protestant clergy within the said Provinces, or respecting the constituting, erecting or endowing parsonages, or respecting the presentation of incumbents or ministers to the same, or respecting the manner in which such incumbents shall hold them, and that whenever any Act shall bo so passed containing any provisions affecting the exercise of any religious form or mode of worship, or shall impose or create any penalties, burthens, disabilities, or disqualifications in respect of the same, or shall in any manner relate to or affect the payment, recovery, or enjoyment of any of the accustomed dues or rights hereinbefore mentioned, or shall in any manner relate to the granting, imposing or recovering any other dues, or sti- pends, oi emoluments whatever, to be paid to orfor the use ofany minister,priest, ecclesiastic, or teacher, according to any religious form or mode of worship in respect of his said office or function, every such act must, before it receives tht King's assent, be laid before the Parliament of Great Britain. Now as it seems to me in all these passages the Church of England is expressly mentioned where the Church of England is meant. And where the more comprehensive sense is to be conveyed, the more comprehensive term, " a Protestant clergy," is em- ployed. What meaning do you attach to the latter part of that paragraph, especially to the words " any other dues ?" — I explain the words thus : this Act of Par- liament, in the earlier sections, refers to the dues and rights belonging to the Roman Catholic clergy. In this passage its language is, " If the Legislature of the Canadas shall grantor impose any other dues," — other, that is, than those which belong to the Catholic Clergy — "then the King shall not have the power of assenting to such an Act until I'arliament has had the opportunity of seeing and considering it." Do you consider that clause as in any way a guarantee against the possible invasion by the Assembly of what had been granted to the Catholic Clergy ? — I apprehend that the object of the clause is rather to take some security that the Legislature of the Canadas should not establish any objectioneble form of worship, or impose on the King's subjects there any dues for its support. Be- fore the King can assent to any such law, Parliament claims an opportunity of seeing it. This is, in fact, a jealousy of the King legislating, with the consent of the Provincial Assembly, on the subject of religion. In clause 37, it is enacted, " That all and every the rents, profits or emoluments which may at any time arise from such lauds so allotted and appro- priated as aforesaid, shall be applicable solely to the maintenance and support of a Protestant Clergy within the Province in which the same shall be situated, and to no other use or purpose whatever.'" As the next clause limits the en- TV n that ni wt/i» passt'd, (there not being, lie beliiived, at that time 10,000 inhn'itantx in I iper Canada) that though there might be a Just and natural anxiety to estabhsli a I'rotestant Church, yet that it would have been impossible to look forward lo the establishment of any particular Church. The petiti(»n was then laid on the table. [I.Jp. p. 10. Extract from Observations by John Strachan, D. D., Arch- deacon of York, 1827. Ist. Till 1819, the Clergy Reserves were under the management of the Kxectitivu Couticil; the members of which, having no particular interest in leasing them, took no pain.s in the matter. 2d. In 1819, the leasing, and the leasing only, was committed to the Clergy of the Kstablished Church; for the rents being paid over to tho Receiv- er-General, to be disposed of by tho (iovernment, according to tho 31st of Georgo III. '.id. The exertions of the Clergy in promoting leases were seconded by a change of times and circumstances, the most convenient lands are nearly all granted. 4th. The lands, which remain at tho disposal of Government, are now so remote, that a lease near the market is becoming more desirable than a free giant. .')th. Emigration is another cause for the demand for leases ; for Emi- grants have not tho same dislike to leases as the natives, and are anxious to lemain in the thick settlements ; but as there are no grantublo lands in such, they are beginning to take leases. (ith. Parents are commonly desirous of settling iheir children near them ; and since to purchase is not always in their power, they are finding it more convenient to apply for leases. In regard to the actual receipts of rents, it is to be remarked, that for a long time the rent was taken to pay the expence of the leases and the bonds necessary to convey the title to the applicant; and the receipt, amounting annually to about £1,200, is farther reduced by the mileage and per centage of the Sheriffs, who are employed to collect this small sum from farms, scat- tered over a surface of nearly 40,000 square miles. Since 1819, improvements have been in progress, so as to increase the receipts ; each applicant on receiving his lease pays for the same ; and greater regularity is observed in demanding and collecting the rents. But although leases will now certainly issue much faster than they have done, yet the smallness of the amount, even if strictly collected, prevents us from hopitig that the Establi:^hment, under the present system of management, can possibly keep pace with the wants of the people, as will appear from tho fact, that there are in the Province about 150 townships, containing from 40 to ."iOO families, in each of which a Clergyman might be usefully employed, and double this number will be required before the expiration of 21 years, which at the very moderate annual stipend of £200 each, would require imme- diately £30,000 additional per annum ; and in the course of 21 years £30,000 more, or in all £60,000. But let us suppose only fifty Clergymen imrnediate- Iv necessary, and 200 at the end of 21 years, this would require an immediate levetiun ot" £10,000 pc-i niimim, utiJ lowm-tlrt ilif ciul of the poiioil jCIU.OOCi niori;. Now the leases which hiivo insund |»n)Jurp a grnss rovonuo id' uhoul £1, '^•00; mill 'iiijtpuHe that during l\u' next Ul ytnird, tlvi« liim'a ii« many ur«) issued, iiiid ihul th(« lonts ait' rigidly oxucti'd ;uid niMectcd, thi* revonuo would hurdly iiniouut to £8,000, or very little more timn halt" the sum which is now rccjuired lo supixui sueh a niunhev ut' Clergy men a.» nrn neecssiiry to supply the prenunl wants lit" the I'rovince. 'F'hi'so things pressing forribly on tho minds of the FiOrd Bishop of Quebec and his Clergy, and on tho Li(Mitonant (Jovcrnor of Upper Canada and his Council, induced them to seek tho power of selling the Clergy Ueserves to u limited fxtent, as well as leasing llu-m, leaving the proceeds to bo disposed of. as provided for in tho Gist Geo. III. chap. 31 ; and this is the object of the hill now before I'arliamont. From this measure many important advantages would result: — 1st. One-seventh of tho country now locked up in mortmain, which in ^ome degree impedes improvement, would be; nMide free. 2d. The means would soon bo afforded to multiply Clergymen to any number tliat might be rerpiirod. 3d. A new link of attachment would bo formed with the mother country, 4th. Tho lessees woubl be more punctual in paying their rents, for fear of losing any claim to reni^wal or advantageous purchase. 5tli. Two or three hundred Clergymen, living in Upper Canada, in llie midst of their congregations, and receiving the greater portion of their income from funds deposited in this coimtry, must attach still more intimately the pop- ulation of tho Colony with the parent stale : their influence would gradualK Bpread; they would infuse into the inhabitants a tone and feeling entirely I'Jig- lish, and acquiring by degrees the direction of education, which the Clergy of England have alwayj possessed, tho very first feelings, sentiments and opinions of the youth, must become liritish. It is quite evident, that in a ver^ short time, from th. new method of granting lands, and their distance, sales of Clergy Reserves will be more fie- quent than leases are now ; nor will this be disputed by any, who consider the manners and habits of the people of the Canadas. They dislike all tenures eKcept the fee-simple : it is, therefore, not extravagant to oxpect to sell 4,000 lots in the next 21 years, averaging l.'is. per acre ; for though some might at first sell for lOs., yet many would fetch 20s.; and all, except bad lots, would gradually rise in price as the country was improved and became full of ptiople. Now, 4,000 lots, averaging l.'is. per acre, give £000, 000, which, at r> per «'ent., would yield a revenue of £30,000, which, added to tho annual rents, accruing from leases, would amount to £38,000, u revenue sufhcicnt to support nearly 200 Clergymen. Extract from the Evidence of tho Right Honorable R. W. Horton, M. P., be- fore tho Select Committee of the House of Commons, July, 1828. It appears that out of the Crown lands granted to tho Canada Company, a reservation of £750 a year has been awarded for the Scotch Church, with what view was that award made ? — It was (Considered highly expedient that the Scotch Church should have a provision, and whatever might be the adju- dication with respect to the Clergy Reserves, it was quite evident, that even if the principle of dividing the profits of those Reserves between the two Church- es had been adopted, it would have yielded only £200 per annum to tho Scotch Church, which would be insufficient to meet the demands for their pas- tors, and consequently the Secretary of Slate recommended the appropriation XI cl u part of till' pioroed!* ot'tho puyintwit* ul'tlio Cnnndu'Coiiipriny to ilio po)- iiu'iil til'llii! .Sci>t< li lU'ijjy, Mow loii^ IS timt i.7CiO lo bo conlimioil to iho I'lVHbytcritin ('limr.li ? — Till' JC7M is ruMfSHurily iil pii'UMHv; hut it is lo r.oiifiriiio an loiij; ih ilio pny- nieiils aro iimdti iVom tlu; Cunadii C'oiiipiiiiyt wliicli involvotl a piTitnl nl lit'ui'ii yenis ubaoliili'ly, timl a probulnlily of a niucli longer period. H X tract fioin Dr. Stioclinn's Spt^ocli, in tin" liCgislativc r'oiuir.il of l'[i[ii'r (.'u- nudii, i>(Jtli Miirrli. lUSfj, " ft wmt Uito before tbo buninos.s came on, and l\,v. Hon. H. W. IIdiIimi hiid some dif ;ulty to get llio IIoiiso to ntlend — at length ho got llio liill into ("otnmitleo. Ho stated that great inisapprehonsidn had gone nhnxul respecting the ohjoet of the Jlill, yet all that was now anked for had heiMi already granted. Tower had Ix'on givtm by law to sell in another way one-half of the Clergy lle- keives t(» the Canada Land C«)mpany, but after Honie eonsideration another arrangement with that Corporation had been preferred. He stated that tbo Reserves at present netted scarcely £'l()() per annum. Hy rendering theni inalienable they pn;duced little or nothing; leasing wits not popular, nor would it ever be, so long us lands could bo so easily proruree of the House of Commons, 14th June, 1823. Will you be good enough to explain wVint you meant when you soid that in Lower Ciinada tbo Clergy Corporation were actually in debt, since tbo year 1819? — I know that the Corporation were indebted to their Secretary a few pounds for keeping tho books, and after defraying tho expenses connected with the management of the Reserves. In what way aro the expenses of the Clergy Corporation incurred ? — By collecting rents, which is an enormous expense compared with tho receipts. Is there any payment to tho Clergy Corporation themselves, or to the Se- cretary .' — A salary is given to the Secretary, and a certain sum is allowed each member oftbc Corporotion for his expenses in coming from a distance to ot- tend the annual meeting; nothing is allowed to those resident where it is held ; but there is not a single clergyman supported by the Reserves, or that netts a sixpence from tho Reserves. Arc the Committee to understand that the expenses of the collection have in Lower Canada amounted to above 100 per cent, upon the rental of tho Cler- gy Reserves ? — I know that the Clergy Corporation of Lower Cauada were in the debt of their Secretary a few pounds, after the balance was slruck, while I was at Quebec. Do you know that not one farthing collected by the Corporation has ever been avadable for tho support of any clergyman ? — I do. Applying these observations to Upper Canada, do you happen to know what has been the annual amount that has been derived for the purposes of tho Clergy from any leased lands of the Clergy Reserves in that Province ? — I do not know the sum expended in the erection of parsonages ; but in the way of income, none of the clergy of Upper Canada have been in any degree benefitted l)y them, nor can they be ; they contend for them as a provision for future cler- gymen, when new missions are opened ; as far as they are individually con- cerned they are wholly disinterested. Perhaps it might be as well to say that tho time when the corporation in Lower Canada were in debt to the Secretary, was bi'foie the rjew arrangement had been made, by which they have rendered XII the collecting of the rents easier and clieaf)er than formeily ; whether they are now in debt I do not kuow. See additional Appendix, No. 1, Speech of Mr. Horton, Feb., 1827. [5] p. p. 11. Letter from T'arl Bathurst, to His Excellency the late Earl of Dalhoiisie, Governor General, dated Downing-street, 3d Septem- ber, 1823: (Copy) DowNiNO-STREET, 3d September, 1823. My Lord — I have received Your Lordship's letter of the 22d February, in which you enclose me copies of two letters which you have received from the Ministers of the Scotch Chinches at Quebec and Lochiel, with a view to an additional provision being made for the support of the Clergy of that Church. 1 am fully prepared to admit the justice and propriety of many of the re- marks in the letter of the Minister of Lochiel, to which you have invited my j)articnlar attention ; but, at the same time, I am not aware that there are any funds from which such a provision could be made, and if any such did exist. — The Clergy of the Church of Ei^ land would have at least an equal claim ou them, nor do I tViink that it would be expedient or just to allow any proposi- tion to be made to the Assembly for a legislative provision for the Scotch Cler- gy, unless at the same time a proposition was also made for providing funds for the support of the English Protestant Clergy within the Province, who are placed in the most anomalous situation, and part of whose income is now deri- ved from the Military Chest, and the charge included in the army extraor- dmaries. Those reserves of land which were destined for their support, being at present unproductive of any revenue which could be applied for their use. Could such propositions be both brought forward in a ])roper manner and with reference to the relative importance of the two establishments, I should be happy to recommend to His Majesty to give his sanction to any Bills that might be framed to give effect to the principle — but I am afraid that, in thu present state of feeling in the Legislature of Lower Canada, there is little chance of such measures being brought forward, and I much fear that there would be little disposition in the House of Commons to sanction any increase of that necessary charge which must be sustained at home for the support of the English Protestant Church in Lower Canada, for whom no effective provision is made within the Colony, however desirable it might be to afford the Ministers of the Scotch Church that assistance which their exemplary conduct so much deserves. I have the honor, v^:c. &c. &c. (Signed) BATHURST. To His Excellency. The Earl of Dalhousie, &c. «fcc. «fec. XIII {6.j p. p. 11. Addross of the House of Assembly of L'ppor Canada, m ta- vor of the Church of Scotland, 5th Jan. IC^. TO THE KINO 3 MOST EXCELLEiST MAJESTY. Mo3l Gracious Sovereign : We, your Majesty's dutiful and loyal subjects, the Commons of Upper Canada in Provincial Parliament assembled, most humbly beg leave to approach your Majesty, and to submit to your Majesty's most gracious consideration our earnest supplications in behalf of the clergy and members of the Established Church of Scotland, in this portion of your dominions. When the kingdoms of England and Scotland were (hapotly for both) united under tlie British Crown, the subjects of each were placed on a footing of reciprocity, they were to enjoy u full communication of every right, privilege and advantage, and their respect- ive churches were ertablished as '• true Protestant Churches," v "thin their particular limits ; the clergy of both might therefore reasonably expect equally to participate in the bcnetits which might result from the union. Viewing the conquest of these Provinces from the dominion of France;, by the united exer- tions of Great Britain r.nd lieland as one great advantage resulting from the union, we humbly conceive that the Churches of England and Scotland had, after such conquest, equal rights as to the exercise and enjoyment of their res- pective religious privileges therein, and an equal claim to enjoy any advanta- ges or support which might be derived from the newly acquired territory. By nn Act passed in the thirty-first year of the reign of our late revered Sovereign, whose memory will long live in our hearts, an appropriation is authorized to be made of one-sevenih of the lands of the Province for the support and main- tenance of a Piotestant Clergy in this Province ; and under the general words, " a Protestant Clergy," used in that Act, your Majesty's subjects in this Pro- vince, who belong and are particularly attached to the Church of Scotland, fondly hoped that a provision had been made for the Clergy of that Church, as well as for those of the Church of England, and though the allotment of lands thus authorized has hitherto been in a great measure unproductive, they felt a degree of confidence that it would eventually afford a fair support to the clergy of both Churches. The lands reserved under the said Act being claimed and enjoyed exclusively for the support and maintenance of the Clergy of the Church of England in this Province, we humbly entreat your Majesty's consideration of the subject, and if in the legal construction of the said Act it is considered that no provision for the Clergy of the Church of Scotland was contemplated thereby, we would most respectfully and earnestly express to your Majesty our hope that your Majesty will be graciously pleased to extend to them your royal protection and consideration, by directing such provision to be made for their maintenance and support as to your Majesty may appear proper. That your Majesty may long reign in the confidence and affection of all your subjects, to guard and secure their rights in every portion of your widely extended do- minions, is the prayer of your Majesty's faithful subjects the Commons of Up- per Canada. (Signed) Levius p. Sherwoop, Speaker. Conitnons House of Assemblv, ^ Tjth .January, 1824. " S XIV [7.] [). p. 12. Mcssagi! from His Kxcelluncy Sir 1*. iMailluud, trj tho As*(?m bly of Upper Canada, 27th January, 1825. r. Maitland. Tlic Liculeiiant Governor acquaints tho House of Assembly that he ha* received a despatch from His Majesty's Secretary of State for tlie Coionie.i informing him that the Address of the House of Assembly relative to the claims advanced by the Presbyterians of the Kirk of Scotland settled in this Province, to participate in the lands reserved for the support of a Protestant Clergy, under the Act of 31st George HI, has been duly laid before the King. [8] p.p. 12. Address by the Assembly of Upper Canada, to tho King, 27th January, 182(5 : TO THE king's MOST EXCELLENT MAJESTY, May it please Your Majesty — We, Your Majesty's most dutiful and loyal subjects, the Commons of Up- per Canada, in Provincial Parliament assembled, most humbly beg leave to approach Your Majesty, to express our sentiments on a subject of deep inter- est to your faithful subjects of Upper Canada. We perceive by the provisions of an Act passed during the last Session of the Imperial Parhament, that Your Majesty is empowered to order the appropriation of a further allotment of land within this Province, for the support and maintenance of a Protestant Clergy, in lieu of tUat portion of the lands already set apart for the purpose (called tho Clergy Reserves) which has lately been, or is about to be sold to the Canada Land Company. We would most reluctantly appear to Your Majesty as unfriendly to the cause of Religion, but when we consider that one-seventh of all the surveyed lands within this Province, is already, by an Act jiassed in the 31st year of the Reign of His late Majesty, appropriated to that object, and are of opinion, that the extent of the present reservation is injurious to the prosperity of the Colony. We feel a strong desire that no further appropriation may be made, but that Your Majesty will be graciously pleased to submit to your Parliament the expediency of repealing so much of the late Act as permits the said further allotment. We further most humbly represent, most gracious Sovereign, that the lands sot apart in this Province, for the maintenance and support of a Protestant Clergy, ought not to be enjoyed by any one denomination of Protestants, to tho exclusion of their christian brethren of other denominations, equally conscien- tious in their respective modes of worshipping God, and equally entitled, as dutiful and loyal Subjects, to the protection of Your Majesty's benign and lib- eral Government. We therefore humbly hope, it will, in Your Majesty's wis- dom, be deemed expedient and just that, not only the present Reserves, but that any funds arising from the sales thereof, should be devoted to the advance- ment of the Christian Religion grnei'ally, and the happiness of all Your Majes- ty's Subjects of whatsoever denomination ; or if such application, or distribu- tion, should be deemed inexpedient, that the profits arising from such appro- priation, should be applied to the purposes of Education, and the genera' im- inovcmcnt of this Province. Commons' House of Assembly, ? ,>OUiN WILSON, 27thJanuarv, 1826. ' S Speaker, f f Ui XV [J] i>. p. 12. Dcspatolitiotn Earl njuhiirst, to His F.xcclloncySirP. Mftit land, llth Juno, 182G. (C.py) DoWNlNG-STREKT, lltll JuMC, 182G. Sir — I have laid boforo the King the Address of the Legislative Assembly of Uj)por Canada, praying that His Majesty would be graciously pleased la submit to Parliament the propriety of repealing 90 much of the Act of 6th Geo. 4 cap. as permits the appropriation i*' lands in lieu of the Clergy Reserves. I have received His Majesty's commands to acquaint you that ho is persuaded the House of Assembly would never have concurred in this Address, if they had been apprized of the true intent of the Act of Parliament referred to, which had not for its object any increase of the amount of the Reserves, specially allotcd by the Imperial Parliament for the Established Church. I have the honov to bo, &c. &c. &c, BATHURST. Major General Sir P. Maitltind, K. C B &r, &c. &c. ■i Resolutions passed by 'je A.sscn^ )ly of Upper Canada, on 22d December, 1826: 1 . Resolved — That the Despatch of the Right Honorable Earl Bathurst, His Majesty's Principal Secretary of State fr the Colonies, communicated to this House on the 12th inst. by His Excellency the Lieutenant Governor, in answer to the Address to His Majesty of '.is House at its last Session, respecting the Clergy Reserves, is unsatisfactory to this Assembly, inasmuch as it is silent on a material part of the respectful representation of this House contained in the said Address. 2. Resolved — That the Imperial Parliament, by conferring on the people of Upper Canada a constitution in many important respects similar to that en- joyed by the inhabitants of the Parent State, was desirous of j)romotuig the liappiness and prosperity of all persons who might become resident in the Colony. 3. Resolved — That the appropriation of a seventh of all the surveyed lands within this Provi ;e, for the support and maintenance of a Protestant Clergy is a striking manifestation of the paternal regard of the Government of the Mother Country to all His Majesty's subjects ; and, with power by the Assembly to legislate thereon, a most important point of said constitution. 4. Resolved — -That the Imperial Legislature foresaw the probability of circumstances in the condition of the inhabitants of this Colony which might render on alteration in the law with respect to the Clergy Reservation expedi- ent, and wisely left the Provincial Parliament at liberty to make such changes therein as the future state of society might require. 5. Resolved — That the construction given to the Imperial Act, which ap- propriates the Clergy Reserves to individuals connected with the Church of England, and the determination of the Clergy of that Church to withhold from all other denominations of Protestants residing within the Province, the enjoy- ment of any part of the benefits arising, or which may arise from tlie lands bo set apart, call for the immediate attention of the Provincial Legislature to a subject of such vital interest to the public in general, and that such claim by the Protestant Episcopal Church is contrary to the spirit and meaaing of the 31st Geo. III. and most injurious to the interests and wishes of the Province. 6. Resolved — That a comparatively small proportion of the inhabitants of Upper Canada are members of the Church of England, and therefore ought not F XVI i.ijuo..^ ... ai^oiio lue sole enjoyment, by their clergy, of all the advantages which these lands present, to the exclusion of their fellovv-suhjccts, altliongli pqimlly loyal and firm in their attachment to His Majesty's Government and the Constitution. 7. Kesolvcd — That in a thinly inhabited country, such as Upper Canada, where the means of moral instruction to the poor are not easily obtained, it is the bounden duty of the I'arliament to ufTord every assistance within its power towards the support of Education. 8. Resolved — That the present provision for the support of District and Common Schools is quite inadequate to the wants of the people, and ought by every reasonable exertion to be increased, so as to place within the reach of the poorest inhabitant the advantages of a decent education. .9. Resolved — That it is the opinion of a great proportion of the people of this Province that the Clergy lands, in pla'^o of being enjoyed by the Clergy of an inconsiderable part of tho population, ought to be disposed of, and the pro- ceeds of their sale applied to increase the provincial allowance for the support of District and Common Schools, and the endowment of a Provincial Seminary for learning, and in aid of erecting places of public worship for all denomina- tions of christians. 10. Resolved — That it is expedient to pass a Bill authorising the sale of the Clergy Lands within this Province, for the purposes set forth in the forego- ing resolution, and to address His Majesty, humbly soliciting that he will be graciously pleased to give the Royal assent to said Bill. 11. Resolved — That the number of the Protestant Episcopal Church in the Provinces bears a very small proportion to the number of other christians, notwithstanding the pecuniary aid long and exclusively received from the bene- volent society in England by the members of that church, and their pretensions to a monopoly of the Clergy Reserves. Extract from British Act, Gth Geo. 4th, chap. 75, for the sale of a part of tho Clergy Reserves to the Canada Company : 2. And be it further enacted — That His Majesty shall be, and he is hereby empowered to sell and convey to the said Company, and their successors, in fee simple, for such valuable consideration as shall be agreed upon between His Majesty and the said Company, as he shall deem expedient, and upon such conditions, and with and subject to such restrictions, limitations, and provisoes, as His Majesty may be pleased to impose, one equal half, part, and no more, of the said reserved lands in the Province of Upper Canada, called " the Clergy Reserves." 3. And be it further enacted — That in case His Majesty shall sec fit to set apart and api>ropriatc in the said I'rovince of Upper Canada, other wastelands of and belonging to His Majesty, of equal value with that part of the said Clergy Reserves which His Majesty is so empowered as aforesaid to sell and convey to the said Company, it shall and may be lawful for His Ma- jesty, and ho is hereby empowered by any order to be by him for that purpose made, by and with tho advice of his Privy Council, to declare, that the lands sosetapart and appropriated shall thenceforth be substituted and exchanged for such last mentioned part of the said Clergy Reserves; and then, and in that case, such substituted lands shall, from and after the issuing of any such order, be held, set apart, and appropriated upon, for, and to such and the same uses, trusts, and intents, and purposes, upon, for, and to which the said Clergy Ileserves are now held, set apait, and appropriated. * XVII [I0.]|). p. I]. l!]xiract {VomEoil Uutliursl's! Sjictch in ihc Huils*; oI l.urdi. Sei/ Appomlix No. 3, p. viii. ' I 11.] p.p. 15. Extract of a hotter IVum the Colonial Secretary to Dr. Mearns in 1825. "That whenever a coni'^rogotion in any of those I'rovinces shall have erected a suitable place of worship, and be prepared to acknowledge the juris- diction of the Church of Scotland, and to contribute according to their nieaiis towards the maintenance of a Minister, — upon their presenting a memorial to the Governor in Council, the Governor in Council will have received His Ma- jesty's commands, authorizing him, upon being satisfied that these conditions have been duly complied with, to contribute to the support of the clergyman in <*• t;x[H!(toJ to l)Ocomi! nion? productive is still remott!. His iVhijtrtty l.;it« yoiid c;ros flio HcUlcnionl of \\u^ ronlio\i'r*y- — Tliu conflirl oCojtiiiioii Ik«1\v('«mi tho two Hoiihch iijioy this kiiI>J(;(U, nuicli u« it is to be lannMilod, yttt involve* no urgent (lanjjor to the peace of nuciety, iiiul presents no insiiperahli', impeilinienl to tlic onlinnry ndininislnition of pnlihe afTairs ; ullhou^h a f;rual evil, it is not niirh as lo exrluile every hope of niili- {^atinn by tho natural progrcs.-* of discussion, and by the inlUietiro of that spirit whieh, in public, alVairs, not seldom su/^gests to parties, alike solicitous for the f,'ent'ral good, sonur mutual suircMnler of extienin views and some compron)ise on either side of ditlorencc, which at first sight might have appeared irrecoii- eilablo. Until ovory prospect of adjusting this dis})utc within tho Province itsell shall have been distinctly exhausted, the timo for tho interposition of Parlia- ment will not liave arrived, unless, indeed, both I louses shall concur in solici- tin^f that interj)osilion ; in which event, there would of course be an end to the constitutional objections already noticed. Tho second ground on which I think myself bound to abstain from advising Tlis Majesty from referring this (juestion immediately to Parliament, is that the authors of the constitutional act, have declared this to be one of those sub- jects, in regard to which the iuitialivo is (ixprcssly reserved and recognized as falling within the peculiar province and the special cogni/aiK-o ol' the local Le- gislature, although its ultimate completion is no less distinctly made lo depend, in addition to the ordinary submission to His Majesty, on tho actpiicscencc of the Imperial Parliament. It is not difficult to perceive the reasons which induced Parliament in ]7!)1 , to connect with a reservation of land for ecclosiastical purposes tho special del- egation to the Council and Assembly of the right to vary that provision by any i)ill, which being reserved for the signification of His Majesty's pleasure, should t>o communicated to both Houses of Parliament for six weeks before that de- cision was pronounced. Rcinombering, it should seem, how fertile a source of t'ontro. n"sy ecclesiastical endowments had supplied throughout a large part of the christian world, and how impossible it was to foretell with precision what »night be the jirevailing opinions and feelings of the Canadians on this subject at a future period. Parliament at once secured the means of making a system- atic provision for a Protestant clergy and took full precaution against tho event- ual inaptitude of that system to the more advanced stages of a society then in its infant store, and of which no human foresight could divine the more mature and settled judgment. In the controversy, therefore, respecting ecclesiastical endowments which, at present divides tVie Canadian Legislature, I find no unexpected element of agitation, the discovery of which demfuids a departure from tho fixed principles of the constitution, but merely the fellilment of the anticipations of Parliament in 17!)1, in the exhibition of that conflict of opinion for which tho Statute of that year may bo said to have made a deliberate preparation. In referring tho subject to the future Canadian Legislature, the authors of the constitutional Act must be supposed to have contemplated the crisis at which we have now arrived — the era of warm and protracted debate, which in a free government may be said to bo anecessarv precursor to the settlement of any great principle of national policy. We irusi not have recourse to an extreme remedy merely to avoid the embarrassment, which is the present, though temporary result of our own deliberate legislation. I think, therefore, that to withdraw from the Canadian to the Imperial Legislature the question respecting the Clergy Reserves, would be an infringe- ment on that cardinal principle of Colonial Government which forbids Parlia- G XXIV inuiitary iriU'ifcrL'tict', cxoopt in sul)n)id{37 : DoWNlNO-HTKKET, July, 1037. Sir— I traiiHinit tor your considoriitioti llio t'uclosfd copy of a iM'tition to His lato Miijnstv, frcin liio di'l(>giitc8 of tlio rrrshytrriiiri congrcj^dlioiiH in (^'u nnda, appointou to meet tit Cobour;^, which waH pliici;d in my liunds hy Mr. Morri>t, who is nctintjin this country us uginxl for tho petitioners. 1 iilso en close C(»pi('9 of two letters luldroHsrd to nu! hy Mr. Morns on tin: llJlh hikI 17th ■inst. I Imve liiid this petition before the (iueen, and luive receivod Her Mn jesty'fl commands to instruct you to cduvey to tho pelitioncws tlie nssuranco thru iler Majesty's Hoyjil I'rcrogativo will invariably hf exerted in nniintnining, in Upper Canada, those rif^hts with which the Ciuirches of Kn/ijhmd and of Scot- land are invested by law within the Province. It is the earnest desire of thi> Queen that all the various coniiiuinitics of Christians »'\islii!i; In that ]mn ol Her Majesty's dominions, may unite together in the spirit of mutual toleration and good will in tho diffusion of the Unowledgo and tho principles ol' Chris- tia/iity. Her Majesty is persuaded that it would be superfluous to lay on you Her injunctions to afford yoiu- utmost support and couutenanco towards tho ( onipUv tion of an ohjeel the most im[)orlant of any to which yniiv well proved 7.»'al for the public good could be directed. With reference to the remarks which Mr. Morris has mad<.' respecting the unequal shurc! which the Scots Church has hitherto received of the nsBistance of the Crown, you will acquaint tho petitioners that the arrangements which have been made for tho settlement of wild lands in Upper Canada, will here- after i'en(hir it impossible for Her Majesty's Government to redress that com- plaint, but that Her Majesty will gladly concur in any measure which the Le- gislative Council and Assembly may recommend for afl'ording to the Church of Scotland, in tho Province, the means of advancing the great work of religious instruction. Tho design which Mr. Morris conceives to be entertained of excluding tho ministers and members of the Scots Church from a voice in the council of King's College will, I am convinced, not be adopted hy you. On the contrary, you will, I am persuaded, exercise the patronage which the law has vested in you in that respect, in such a measure as effectually to remove any misgivings with which tho petitioners may have been affected on that head. Ihave, &.C. GLENELG. ToSir F.B. Head. [16] p. p. 20. Extract from the Address of the Wesleyan Methodist Con ference to the King, 13th June, 183G: We also beg leave most humbly to represent to Your Majesty that we, to- gether with the great majority of your loyal subjects, are conscientiously and firmly opposed to the recognition of any Church Establishment within the I*ro- vince. It is. therefore, with extreme regret we have learned that during the post }ear fifty-seven Rectories have been established, and endowed out of the XXV lutida sot apart f(>r llio support of n VvotcuVxnt CliM^y, ndtwiilistuiidiiiti; llw winhofl of it.H iiihal>itantM, no ofton constitiitifHiaHy oxfuviisocl by prtiliori, and tlirou^'h tlioii rt>pi>!9onlutivo» in lliii Huusti of AsHi'tiibly. We should uoi di^chargo tho duty wn ovn\ lo Your Majosty in iho prosont poHluro of ifu! alKiirn of tliin I'rovinoc, did vvu not most liuinl»ly and irspisctfully convoy lo Your Majosty our full conviction, that nothing couUl IimkI morn di- rt'ctly tovvL'akon thu uttachniont Congress the great business for which Her Majesty has been pleased to grant these Commis- sions may be effected. That England and Scotland already united in allegiance under one head. the Queen, may for ever hereafter become one people ; one in heart and mutual affections, one in interest, one in name, one in deed, a work which if it can be brought to pass, promiseth a lasting happiness to us aU. With great sincerity wee desire this Union, and wee meet your Lordships with hearts fully determined to enter upon such considerations and into such measures with your Lordships as are proper for bringing the sumo to ihe desired conclusion. On our parts nothing shall be wanting that may conduce to a happy period' of this great work. To which my Lord Duke of Queensbury, on the part of the Lords Com- missioners for Scotland, replycd in haec verba: My Lords — The Union of the two Kingdoms has been much desired both before and since their being under one Sovereign, and I hope it is reserved to Her Majesty, for the glory of her Reign, to finish the design which hath ')een- often attempted by Her Majesty's Predecessors. My Lords — I do consider this Union to be highly advantageous for the peace and wealth of both Kingdoms, and a groat security for the Protestant Religion every where — and 1 can assure your Lordships both for myselfe and the other Lords Commissioners for Scotland, that wee meet your liOrdships with great regard and honour to your persons and with sincere intentions to advance this great design, and to accommodate any difficulties that may arise in the Treaty upon fair and reasonable termes. Ordered that copies of the two Commissions be prepared, and signed by the respectivejSecretaries, to be interchanged at next Meeting. Adiourned to Mundav next, 16l^ instant. XXXI [No. 3.] The Speech of James Earl ofScafield, &c. Lord High Chancellor to tho Parliament of Scotland, on Tuesday the third of July, 1705: Mr Lords and Gentlemen — Her Majesty in Her Most Gracious Letter, and my Lord Commis- sioner His Grace in His Speech, do propose these things to your consideration, which are of the greatest importance for the security of your Religion and Li- berties : And Her Majesty is most wiUing to do all that is in Her power to promote the happiness and prosperity of all Her subjects. For these ends, Her Majesty doth with great earnestness continue to rec- ommend to you tho settlement of the succession to the Crown in the Protestant line, as tho surest measure for preserving all that is valuable to you, with re- gard either to your sacred or civil concerns : So long as this is delayed, the enemies of our present Establishment will continue their bad designs, and be ready to take the first opportunity to disturb the public peace. And when can you enter upon the deliberation of this matter with greater advantage than now, in Her Majesty's own time, and when you have assurances from Her of all encouragement, and that she is ready to grant such limitations and conditions of Government, with regard to the successor, as can be reasonably proposed, and will give Her Royal concurrence in every thing that can make this settle- ment advantageous to this nation. Her Majesty doth also in Her Royal Letter, with great concern signify Her desire to prevent all differences that may happen between this Kingdom and that of England, and proposes the only expedient in this matter, the setting on foot a Treaty of Union, and of such otlier matters and concerns as may bo for Her Majesty's Honor, and the good and advantage of both Kingdoms. It is unquestionably the interest of both nations that they were more closely united, and that there were an entire communication of advantages and privile- ges, and that they both had the same interest, which would make this Island secure at home and formidable abroad. And you are assured of Her Majesty's Royal concurrence and assistance to make this Treaty effectual to the mutual advantage of both Kingdoms. You will certainly think it reasonable to grant the needful supplies for maintaining the forces and the frigates, and for the other uses mentioned in Her Majesty's Letter — these being so necessary now in tho time of war, for the sup- port of Her Majesty's Government, and for the defence of this nation, against the attempts and designs of our enemies. [No. 4.] Extracts from the Articles of Union between England and Scotland. Article 4. — That all the subjects of the United Kingdom of Great Bri- tain shall, from and after the Union, have full Freedom and Intercourse of Trade and Navigation to and from any Port or placo within the said United Kingdom, and the Dominions and Plantations thereunto belonging ; and that there be a communication of all other Rights, Privileges, and Advantap^es, which do or may belong to the subjects of either Kingdom ; except where it is otherwise yxprcssly agreed in these Articles. H XXXII AnTici.E 25. — Tlml all laws ami Slalulos in cither Kingdom, so fur as ilicy arc contrary to, or inconsistent with the terms of these Articles, or anyof ihem, fllmll, from and after the Union, cease and become void, and sliall be so decla- red to bo, by ihe respective I'arliamonts of the said Kingdoms. [No. 5.1 Extracts from the Scots and Knglish Acts of Union : Our Sovtuoign Lady and the Estates of Parliament, consideiing that by the lato Act of rarliamont, for a Treaty with England for an Union of both Kingdoms, it is provided — That the Commissioners for that Treaty should not lieat of or concerning any alteration of the worship, discipline and government of the Churdi of this Kingdom as now by law established : which Treaty being now reported to the Parliament, and it being reasonable and necessary that the true Protestant Religion, as presently professed within this Kingdom, with the worship, discipline, and government of this Church, should be eft'ectually and unalterably secured ; therefore. Her Majesty, with advice and consent of the said Estates of Parliament, doth hereby establish and confirm the said true Protestant Religion, and the worship, discipline, and government of this Church, to continue , without any alteration to the people of this land in all succeeding generations. And further, Her Majesty, with advice aforesaid, expressly declares, and statutes, that none of the subjects of this Kingdom, shall be liable to, but all and every one of them forever free of any oath, test or subscription within this Kingdom, contrary to, or inconsistent with the foresaid true Protestant Religion, and Presbyterian Church government, worship, and discipline as above estab- lished ; and that the same within the bounds of this Church and Kingdom, shall never be imposed upon, or required of them in any sort. And lastly, that after the decease of Her present Majesty, (whom God long preserve) the Sovereign succeeding to Her in the Royal Government of the Kingdom of Great Britain, shall in all time coming at his or her accession to the Crown, swear and subscribe, that they shall inviolably maintain and preserve the foresaid settlement of the true Protestant Religion, with the government, worship, discipline, right and privileges of this Church, as above established by tho laws of this Kingdom in prosecution of the claim of riglit. Declaring, nevertheless, that the Parliament of England may provide for the security of the Church of England as they think expedient, to take place within the bounds of the said Kingdom of England, and not derogating from tho security above provided for establishing of the Church of Scotland within tho bounds of this King-dom i as also the said Parliament of England may extend the additions and other provisions contained in tho Articles of Union, as above insert, in favours of the subjects of Scotland, to and in favours of the subjects of England ; which shall not suspend or derogate from the force and eflect of this present ratification, but shall be understood as herein included, without the ne- cessity of any new ratification in the Parhamenl of Scotland. And lastly, Her Majesty enacts and declares, that all Laws and Statutes in this Kingdom, so far as they are contrary to, or inconsistent with the terms ol these Articles, as above-mentioned, shall from and after tho Union, cease and become void. XXXIII And bo it lurther enrw^ted by iho authority albro.^aid — That al'ior iho dfinisu ui llquully entitled to a iiurticipiition in ull the mlvunta^^us which liuve resulted, ov may hereafter n'sult from the .said Union. RoHolved — That iho l'rovinee.s of Canada were wrested from tho Domin* ions of France, liy the United e.xertioHS of (ireat Britain and Ireland, and that the Churches of i']n;;land and Scotland hud at the conquest thereof, an equal claim to enjoy tho advantages which might be derived from tho said conquest. Resolved — That by tlui Act of the IJritisli Tarliament, passed in thu Slst year of His late Majesty's Reign, tho (iovernor, Lieutenant Governor, or per- son Administering the Government of this Trovinco, was authorised to set apart u portion of one-seventh of the Lands for tho support and maintenance of a Pro- testant Clergy. Resolved — That if II is late Majesty, when he graciously authorised an ap- propriation of Land for tho support and maintenance of a I'rotestant Clergy in this Province, did not contenq)late u provision for tho Clergy of the Church of Scotland, that they ought now to come under His Majesty's most favorable consideration, by beingotherwi.se provided for. Resolved — That an humble Address be presented to Ilis Majesty, founded on the foregoing Resolutions, praying that His Majesty will bo graciously j)leased to direct such measures us will secure to the Clergy of the Church of Scotland, residing, or who miiy hereafter resiiie in this Province, such support and maintenance as His Majesty shall think projjcr. 9 [No. IJ.] Minute in Council authorising the establishment of Rectories in Upper Cana- da, with extract from the confidential Despatch, upon which the Council acted, as communicated by His Excellency Sir George Arthur, to tho Assembly of Upper Canada : (Copy.) Executive Council Chamber, > Toronto, Friday, 1 5th January, 1836. > Present— The Honorable Peter Robinson, Presiding Coucillor, George H. Markland, Joseph Wells. To His Excellency Sir .John Colborne, K. C. B. Lieutenant Governor of the Province of Upper Canada, and Major General Commanding His Majesty's Forces therein, &c. ike, &c. May it plkase Your Exckllencvt — Pursuant to the views of Lord Goderich, shewn by his Despatch of the 5th April, 1832, in which he concurs with Your Excellency, and expresses his desire " that a moderate portion of Land should be assigned in each Township or Parish for insuring the future comfort, if not the complete main- Jenance of the Rectors," the Council caused the necessary steps to be taken, lor the purpose of setting apart lots in each Township throughout the Pro- vince. null wit or I of i<: Cle to Pai XXXVII Much delay hns been caused l.y llirir anxiety to avoid iiiterfcnnp wnli persons who might have acknowle ic|H'ai ho iniiflt of lliat Act H« roliitt'i* to Uio Cli'igy Uo.'^orvpj. On (lio UIhI Nov. \U'M, tliiit U ttix numtlih Iml'uro iho duto of tlui DuHpatch to whlrli rcft'runcu is inmli^ l>) tlio Kxcrutivo Council, Lord Uipon addroggud to Sir John Colborno a Dcttpulcli in which tho I'rovinciixl L school reservation for a period of thirty years, and that the original intention of the Legislature expressed in the Joint Address to His Majesty, as well as His Majesty's most gracious desire to meet their wishes by tho estabUshment of free Grammar Schools in thoso Districts in which they are called for, and indue process of time to establish other semina- ries of a more extensive nature ; have hitherto, as far as your committee can judge, been lost sight of, and for uo other reason that your committee can dis- cover, than that a school has by an act of the Legislature been already estab- lished in each District with a salary of £100 to the master. But this very lim- ited provision, your committee respectfully submit ought not to deprive the peo- ple of their just claim to a participation in the benefits of the school lands, and to that end tho committee suggest that the Legislature ought now to address His Majesty setting forth tho great value of these lands and the ample means which they afford to carry into effect the benevolent intentions of his late Royal Father, by an andowment from their proceeds, for each Distiict,of at least £400, which added to the present appropriation would support eleven respectable seminaries where the youth of tho Province generally might receivo a liberal education without being removed many hundred miles from the tender care and watchful authority of their Parents, as must bo the case if these lands are ex- clusively applied to establish and support King's College, or any other exten- sive university which can only bo viewed as of benefit to those whoso wealth en- ables them to bear the great expense of sending their children to the capital of tho Province — Your Committee also recommend, that besides the above en- dowment, tho sum of £2,000 might bo set apart for the annual support of a Provincial Seminary at York, whether called Upper Canada College, or by any other name, and that a suitable sum should be expended to erect the necessary buildings, and also to defray tho expense of buildings for the Free Grammar Schools. That besides these endowments, your committee arc of opinion, that the great value and extent of the reservation will afford the means of providing a salary of £50 each to the teachers, of at least twelve township schools, in ■each District, and thus give to Upper Canada a system of Education that might well bo envied by any other Colony in His Majesty's dominions. Tho data upon which Your Committee have made the foregoing suggestions are the following, viz : That the whole reservation of 549,217 acres, if sold, at the average price of lOs. per acre, would give a capital of £274,608, pro- ducing, if invested at the rate of five per cent interest, an annual income of £13,730, a sum sufficient to endow tho schools, which your committee conceive to be necessary, besides leaving an important balance to defray the expense of tho sales and collecting the money : Eleven Grammar Schools at £400, is - - £4,400 1 College at York, 2,000 132 Town'p Schools.bcing 12 in each District,£50 oach 6,600 Balance, 730 £13,730 Your Committee, in assuming that these lands will sell at tho above rate, conceive that they havo much underrated their actual value, as it is generally understood that the Council of King's College, have estimated 225,273 acres of Crown Reserves, which were exchanged for and now form a part of the School reservation as worth £ 1 per acre. Your Committee, taking all the ciicumstances of this highly important subject into their most serious consideration, and averse to an extensive endow- XI, VI meut out of lliis luiid lo King's College, or any otlior University.unlil lh») original intention of founding u Free Grumn.iv School in each District, 1ms first been carriod intocfl'ect, earnestly recommend to the House that an humble Address he forthwith transmitted to His Mrjesty representing the manifest injury that is inflicted on the Inhabitants of this rrovinco by the endowment of the'bcst half of the School Reservation for the establishment of a Sominai-y far exceeding the wants of the country, and solemnly beseeching His Majesty to listen to the anx- ious desire of His faithful subjects in Upper Canada, by arresting the Alienation of these lands from their original puii)08e, and placing them under the control of the Legislature — and for this object your committee submit the following Resolutions for the onsideration of the House. All which is respectfully submitted, W. Morris, Chairman. Committee Room, House of Assembly, 23d Feb. 1831. CONTENTS OF THE APPENDIX. l. Mr. Stephen — Extraci from his evidence before the Select Committee of the House of Commons, in ImGO — p. i. Extract from Report of Select Comn)itti'e of House of Commons, favorable to the Rights of tVio Church of Sootlanl, to a participation in the Clergy Reserves — p. iv. •J. House of Louds — Extract from Journals 170C, giving the protest, auil the names ol' tha fero who protested against the acknowledgement of tlie Church of Scotland, as the true I'rolcstant Religion — p. v. ■i. Loun Grknvii.lk — His opinion on the subject of the Clergy Reserves, as communicated by Lord Suidnn — p. V. Lord Guenville — Debate in thi> House of Lords, Juno, 1323, containing similar opinions as convoyed by Earl ILirrowby — p. vi. 1. Dr. Strachan — Extracts from liis observaiions. relative to the manage- ment of tho Clergy Reserves, and thu expense of collecting the Rent> — p. IX. Mr. Hokton — Extract from his evidence before tho Committee of the Hou?e of Commons, on same subject — ft. x. Dr. Strachan— Extract from liis Speech in Legislative Council of Upper Canada, on some subject — p. xi. Rev. C. Morgelt, — Extract from his evidence on same subject — p. xi. Mr. Horton — His Speech in House of Lords on same subject, Feb. 1G27 — p. XXIX. 5. Earl Bathurst — His Despatch to Lord Dalhousie ivlative to the claims of the Minister of Lochiel, on behalf of the Soots Church, September, 1323— p. XII. (j. House of Assembly — Their Address to the King, in favor of tho Churcli of Scotland, Jamiary, 1324 — p. xiii. 7. Sir V. Maitland — His Message in answer to same, Jan. 1825 — p. xiv 3. House of Assembly — Their Address to the King relative to Imperial Act, Gth Geo. IV. Jan. 1C2(J— p. xiv. 9. Earl Bathurst — His re])ly to same, June, lo2G — p. xv. House of Assemely — Their Resolutions in relation thereto, Dec. 182G — p.xv. Extracts from Act 6, Geo. IV. for the sale of part of Clergy Reserves to Ca- nada Company — p. xvi. 10. Earl Bathurst — Extract from his Speech in the House of Lords, June, 1828 — p. viii. 11. Extractfroni Letter from Colonial Secretary to Dr.Mearns, 1825 — p. xvii. 12. General Assembly — Extract from Memorial of Convener of Commit- tee on Colonial Aftairs, to the Secretary of State, 1827 — p. xvii. Answer thereto — p. xvii. 13. Mr. Secretary Mubge — His Letter to Mr. Crooks, Jan. 1829 — p. xviii. 14. Opinion of Crown Lawyers in 1819, on Clergy Reserves, acknowledg- ing the Right of the Church of Scotland — p. xviii. Names of Committee of House of Commons, on the Civil Government of Canada, in 1828 — p. xx. Mr. Horton — Extract from his Evidence before the Committee — p. xx. 15. Lord Goderich — Extract from His Despatch to Sir J. Colborne, Nov. 1832— p. xxi. *s» xlviii Sir John Coi.horne — Ilia Mcssngo to the Assembly in 1832 — p. xxi. Legislative Council— Kxtrnct from their Address to tho King — p. xxii. Lord Glenelg Extract from his Instructions to Sir F. Head — p. xxii. Lord Glenelg — His Despatch to Sir F. Hrud, July, 1837 — p. xxiv. IG. Wesleyan Methodist Conferknce — Extract from their Address to the Kinp, June, 1836 — p. xxiv. 17. Lord Glenelg — Extract from his Despatch to Sir F. Head, Gth July. 1837 — p. XXV. 18. Earl Batiiurst— His Despatch to Sir P. Maitland, 22d July, 1825. directing /am to form Recloiirs — p. xxvi. 91. New-Brunswick — Act relative to Churches, 1832 — p. xxvn. CONTENTS OF THE ADDITIONAL APPENDIX. ^fAT [Not particularly referred to in the Letter, but appended as affording infor- mation on tho subjects treated of.] 1. Speech of Mr. Horton, Feb. 1827, (wjrfe chief Appendix, No. 4 — p. xil.) 2. Proceedings of English and Scots Commissioners, appointed to treat of an Union, Nov. 1702 — p. xxix. Earl of Seafield — His Speech to tho Padinment of Scotland, July, 1705 — p. XXXI. 4. Articles OF Union — Extracts from' — p. xxxi. 5. Scots Act op Union — Extracts from — p. xxxn, English Act of Union— Extracts fvfmi — p. xxxiii. C. Queen Anne's Speech to tho first British Parliament, Nov. G, 1707 — p. XXXIII. 7. Mr. Secretary Macaulay — Extract from liis Letter to tho Moderatoi ofSynod of Canada, July, 1838 — p. xxxiv. 8. Clergy CoRPoRATioN-Notice of the Constitution of,June,1820 — p.xxxiv. 9. Legislative Council — Extracts from their Report in 1838 — p. xxxv. 10. House of Assembly — Resolutions proposed in, in 1823 — p. xxxv. 11. Executive Council — Minutes of, authorising the Establishment of Rectories, Jan. 1836 — p. xxxvi. Lord. GoDERicH — Extract from his confidential Despatch, April, 1832, in virtue of which the Council acted — p. xxxvii. 12. Lord Glenelg — Case submitted by him to the Law Officers of the Crown in April, 1837, for their opinion as to tho legality of the Recto- ries p. XXXVII. 13. Opinion of the Law Officers, on same, declaring the Rectories invalid, June, 1837 — p. xxxix. 14. Royal Instructions to the Governors of Canada — Extracts from— p. XL. 15. Second opinion delivered by the Law Officers of the Crown, pronouncing tho Rectories valid — p. xL. 16. Petition of the Clergy of the Church of England in Canada — p. xLi. 17. Mr. Secretary Macaulay — His Letter in reply to a similar Petition, Feb. 1839— p. xmi. 18. Free Grammar Schools — Report of the Select Committee of the House of Assambly, Feb. 1831 — p. xlui. in. ,xu. fSS to I July. 1C25. X. infor- ». XII.) reat of 705— 1707— lerator .xxxiv. XXXV. XV. ent of 532, in of the Recto- nvalid, from—- )uncing etition, House