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32X

BEING A BRIEF SERIES

LETTERS AND PAPERS,

'X ^

CANADIAN CHURCH EOBBEEY,

BY THE

REV. W. J. D. WADDILOVE.

'*"'
%:

i 1

^1' .1

PRINTED AT THE JOURNAL OFFICE, BY JOHN HERNAMAN,

19, GREY-STREET.

1840.

13 7'^ o /^

APR 28 1941

TO THE

CHRISTIAN INHABITANTS OF GREAT BRITAIN.

Thou shaltnot remove thy noighhour's land mark, which they of old time
have set in thine inheritance which thou shalt inherit, in the land that the
Lord giveth thee to possess it. — Deut. xix. 14

Nor was the precept ht-e written limited in its application to the Jewish
Polity, hut equally applies to earlier and to later ages of the world, and to all
parts of it. Joh, descrihing the various iniquities prevalent among those " who
know not God," or when "they know Him, glorify Him not," (Rom. i. 21.)
commences his catalogue thus— "Why, seeing times are not hidden from
the Almighty, do they that know Him, not see His.days \ Some remove the
Landmarks ;" and it deserves to be considered in the present day how the
catalogue is closed—" They are exalted for a little while, hut are gone and
brought low, ami cut off as the tops of the ears of corn."— Job xxiv. 2—24.

The substance of the following Letters, having been mentioned at various
times in conversation, it was urged upon me, that I was not justified in
withholding the information they contain, and that 1 ought to take some
steps to throw light upon the subject— a task I very unwillingly undertook.
To write a book I was not qualified ; and if I did, probably few would read :
but an off-hand Letter on the subject in a Newspaper might stand some
chance amongst the friends of the Canadian Emigrants ; and as that seemed
to carry the lea^t appearance of pretension, and only required a signature to
verify the statements, I adopted that course, much inilucnced in my own
mind by the fact, that while the matter was under cogitation, the two
cxtraordinai-y documents which are appended, were sent tome from Montreal.
In the course of my reading and experience, I cannot lay my finger upon
any subject which has been treated so uniairly, and with such an utter
disregard of propriety, of law, and of equity, as the case of the Canadian

/i*'

Reserves. They have been made the subject of buter animosity between
the two best Churches now in Europe ;~and why ! not with a view to benefit
either, but to destroy both.

The principle, "divide et impera," has been the favourite instrument,
from the days of Jeroboam-" If this people go up to do sacrifice in the House
of the Lord at Jerusalem, then shall the heart of this people turn again unto
their Lord ;"~so he set up calves of gold, one in Dan, the other in Bethel.-
I. Kings xii. 27 — 30.

It may be said, these are ancient things, and have little bearing on the
extraordinary wisdom of the 19th century. This may be good logic in the
world, but happily there still remain a few who know that « what was written
aforetime" was written with a view to futurity ; and thus St. Paul, in his
IL Thess. xi., and St. John, Revel, xi. 9-13-20-24, carry on the connection
to their day, and enable us to distinguish what spirit is at work, when we see
measures adopted, all bearing to the same point.

Few will deny, that the strongest barrier against the tyranny of the
Romish Hierarchy, Hes jn the wealth and intelligence of the Protestant
Episcopate in Britain, combined as she always has been, when the purity of
the faith is threatened, with « birds of every feather" reposing beneath her
branches.— Ezek. xvii. 22—24.

My next position is equally incontestible ;-that the second place in the
army of Christ belongs to the less Wealthy, but as intelligent, Establishment
of Scotland.

I need not draw the inference as to the tactics of a crafty foe.
It is not that the combined phalanx of Romanism and Infidelity love
Scotland better; but, for the reason assigned, they hate the Church of
England more ; and if her foundations can bo sapped by creating and fostering
jealousies between the two, no problem i.. Euclid can be with more certainty
demonstrated than this, viz., that all else will fall an easy prey.

The Romanist and Infidel may then divide, or quarrel over the spoil-
while the flocks m charge of the Protestant Churches wander from hill to
hill. The prevailing opinion that the energy of the English Church is called
forth, on the subject of Canadian Reserves, by any feeling of jealous greediness
- is an idea too contemptible to be argucd-but there is a principle of

r animosity between
with a view to benefit

ivourite instrument,
jacriiice in the House
ople turn again unto
e other in Bethel.—

little bearing on the
be good logic in the

" what was written
18 St. Paul, in his
y on the connection

work, when we see

he tyranny of the

of the Protestant

when the purity of

posing beneath her

lecond place in the
mi, Establishment

J^foe.

id Infidelity love

e the Church of

tting and fostering

ith more certainty

Drey.

over the spoil —

der from hill to

I Church is called

jealous greediness

is a principle of

permanent c^der or permanent disorder bound up in the question, which leaves
no alternative — and the only fair ground on which to put the case — and
bring it to equitable issue — is simply this—

Has the Church of England, as far as her means went, been faithful or
faithless to her trust !

If the last, " let out the vineyard to other husbandmen."

If the first — a point easily capable of proof— then why has there been so
little return of fruit '.

The following letters and documents v/ill shew —

" Ye shall no more give the people straw to make brick, yet the tale of
bricks which they did make heretofore, you shall lay upon them — you shall
not diminish ought thereof." — Exod, v. 7-8.

During the French war the emigr^^tion was comparatively trifling, but
under the distressing effects of a legislative act in 1819, the number of emi-
grants rose at onct to 12,000, and so on to 60,000 per annum, in 1833.

Did this nominally Christian nation perform its duty in this new state of
things \

My answer is decidedly — NO.

Let him, then, who is without sin in this matter, cast the first stone at the
Church.

If, as I believe, there are none without taint — then, instead of cherishing
discord, to perpetrate an act, not more unjust than unchristian and impolitio
— unite to provide in a liberal manner for the permanent support and main-
tenance of both the Churches left you by your fathers, as part and parcel of
the Constitution under which you live, and " see that ye fall not out by the
way."

I have hitherto spoken of the Reserves Question solely, as it bears upon
the two Established Churches of the Empire, holding those establishments to
be based upon the most liberal toleration consistent with the permanent
security of that pure Faith, for the preservation of which, the Universal
Church was instituted by its Divine author. I v/ish, therefore, in conclusion,
to add a few words to others equally interested in that preservation.

In the ocean there are two currents performing alike their Creator's
behest, though flowing difltrent ways. Now, I apprehend, in the Spiritual

If! I
I

(

Hoa, tlio same mny ac)vaiitagoou<v occur. If, (whicli is coiiHistcnt witli tlic
experience of cvciy man, antl AviU be luiquestionuble so long as the History of
Romanism exists,) there is a tendency to degenerate, inseparable from estab-
lishments, consisting of fallible men— the principle of extended toleration
towards those who hold the same faith, though differing m minor matters,
affords a safe and easy remedy. The jmrest silver is dependent for its bright-
ness on the leather and the rubbing, and those who remember the general
condition of both cstablislnnents, when .lolm Wesley commenced the opplica-
tion of a stimulant, can scarcely do otherwise than thank God for that
hnproving dispensation. Now, no man of his day held the principle of estab-
lishment more strongly than Wesley ; but he saw, «hat c vei-y one must see
who looks deeply into the sulyect, that there was at that time (increased a
thousand fold since) a vast mass of an imcreasing population wliidi no estnldisli-
ment could reach—and I will go furtlicr, wliidi no establishn.ent sliould be
possessed of power or means to reacli— for this simple reason, tliat such un
aggrandizement would afford too strong a temptation to eradicate tolei-ation,
and walk in the steps of Rome. Popery is not limited to an Episcopal Com- i
munion, for it is clear from Cyprian that the first abettor of Popish abuse and
superstition, M-as not a bishop, but a presbyter during Cornelius' vacancy of
the Episei.pal cliair, and at this moment I do not think it would be difficult
to point to some individuals, who carry their claim to spiritual supremacy
as vicegerents of Jesus, to an extent of which Victor would not have
been ashamed— and, apart from the erroi-s and superstitions of tlie Papacy,
setting up notions far more dangerous to the peace of the connnonwealth—
than were held by many that occupied the throne of the Vatican, as a restrahit
upon them.

The means of an establishment should be as ample as is consistent with
safety ; an<l under the shadow of that efficient establisjnnent, the miners of
Cornwall and the pitmen of the x\(n-th ])rove to us \\bat there sliould Ije, as a
necessary auxiliary, a favoured secession, holding the same doctrines, l)ut not
confined Avithin the same stringent niles.

Would I then, when I contend for preserving the Reserves of the Ksta-
lilishmcnt in Canada, as tlie only imsibie munlcrjwi.se to the alarming
aggrandizement of Popery, and itsinnnensercsource«-AVuuld 1 deprive either

1 <*

tlie h
Petei
the .
fessir
s])rej
whic
rob (

then
trust
in 17
sanel
the I

natit
I
and
dirti
trus
odiii
J
first
whc

dovi
hat]
the

is coiiMistont witli tlic

long as the History of
isoparablc from ostab-
f cxtendi'(l toleration
ng in minor matters,
lendent for its bright-
emcmber the general
nmenced the npplica-
tluink God for tliut
he principle of estiib-
t t vei-y one must see
lat time (increased a
II whicli no ostablisli-
lilislunent should be
■casou.. tliat such an
eradicate tolei-ation,
an Kpiseoi)al Com-
of Popish abuse and
irnelius' vacancy of
it would be difficult
spiritual supremacy
)r would not liave
ons of the Pai)acy,
e connnonwealth —
itican, as a restraint

s is consistent with
nent, the miners of
hciv should 1)e, as a
? doctrines, l)ut not

'sciTcs of the J-lsta-
' to the alarming
ulil J depri-\e eitlier

vii

the Kirk or Wesleyans of an a(le<[uate support i No ;— but I would not rub
Peter to pay Paul, remembering the solemn declaration in Isa. Ixi. ».— " I
the Lord love judgment: I hate r<)))bery for l)urnt offering." Nor, pro-
fessing to be u Christian nation, would I hypocritically pretend anxiety to
si)re^d the Word of God— "tonuike a sacriiice to dehovah," "out of that
which cost me nothing,"— which was not mine, but another's. " Will a man

rob God."

Prove the delinquency of the Church in the execution of their trust ; and
then, upon every i>rinciple, human and divine, you arc free to transfer that
trust into other hands, for the special purpose to which the lands were devoted
in 1791 -.—tiU then, I have no hesitation in declaring, that the moment you
sanction, as the parent state, the sacrilegious bill sent over by Mr. P. Thomson,
the price of your j^o/<7i(^/ expedience is^this— Malachi iii. a.

« Ye are cursed with a cui-se, for ye have robbed mk— evi.n this whole

nation."

And next to the hcinousncss of such a i-obbery is the '
and most useful set of men— the Clerical Body— in com^
dirty objects of political party, year after year, to defen
trusted to them under the most solemn sanctions, thvoi.
odium, as though they were contending for seliish interests.

But yo-a may do your worst, if you choose to nni the hazard— it is not the
iirst time that Zion has been beleaguered by her enemies, and she knows

who hath said —

" Though ye have lien among the pots yet shall ye be as the wings of a
dove covered with silver, and her feathers with \ i-llow gold," for « the Lord
hath said, I will bring again from Bashan, I will bring my people again from
the depths of the sea."

W. J. 1). WADDILOVE,.

Agent fur the late P>ishop oi Quebec's Canadian TravellMig Missions

among the Destitute.

valuable

^br the

"11-

, of

w^m

CHURCH ROBBERY IN CANADA.

TO THE EDITOR OF THE NliWCASTLE JOURNAL.— No 1.

Beacon CiiJinge, Feb. 15, 1840.

"Dear Sir, — As T see by the last American Pa{)ers that tlie
Govtrnor-Gencral, Poulett Tl . mson, is niai^injr short work with
the C'uirch in Upper Canada, anil that Her ]Ntajesty''s Solicitor-
General has intronuced a Bill, by his directions, into the House n
Assembly, (which has j)assed it,) to settle the question of t .e
Church Reserves, without reference either to justice or propriety-
will you allow me a brief space in your paper, first, to shew the
Clergy and friends of the Churcht the nature of the Bill, and then
to give a short specimen from a parliamentary document, (one of
those useful publications of which we have I cely heard so much,)
to shew them, also, the nature of that Voluntary System which is
to succeed to the Church of our Fathers.

First — The Bill is to provide for the Sale of all the Church
Reserves, in the hands of five (Locusts) Government Commissioners.
Then, one-half of the produce is to be divided between the Churches
of England (to whom, according to the legal opinion of Mr. Justice
Patteson, in 1824, the whole belongs) ; our Sister, the Church of
Scotland ; and the Secession Synod of that Church.

The other half is to be divided among the two dozen various
sects or separatists from the Vatican to the rational Christian
Owen's disciples — for tiic only qualification necessary is assuming
fhe name Cliristian ; easily done when any thing can be got by it.

This, however, bad as it is, is not the worst feature, when we
consider th.at the great mass of our emigrants are of the poorest
class; for the distribution amongst these ^'prious and undefinable
claimants is to be apportioned in direct opposition to the Scriptural
principle, by which the Religion of Christ has hitherto been dis-
tinguished — "To the poor the Gospel is preaciicd." The new
reading is — To the rich a gos))el is to be preached, — for the division
of spoil is to be distributed in ])roportion — 7iot to the need of the
people, but to the (inioiitit of subscriptions each annually raises in
support of iheir form of religious worship — tluis reversing .Jehovah's
declaration, " The poor shall be filled with bread, but the rich
sent empty away."

Apart from any other question, surely nothing can be more
iniquitous than thus to rob the poor who are unable to subscribe,
to provide fanciful systems for those whose subscriptions shew they
could provide for themselves, if they would.

>' I'A

^ 6

I am next to give a specimen of the Voluntary System proposed
by these legislators ; and I take it without remark from the Report
of Lord Gosford, Sir Geo. Gipps, and Sir Charles Grey. I must
add, however, tliat in my own mind, I am iiot disposed to implicate
the last in any such absurd, wild, and irreligious proposition. —
But to the extract.

Appendix to 1st Report of Canada Commissioners, No. 12.
Dec. 17th, 1835. Hon. G. Moffat and Hon. P. M'Gill examined.

After some leading questions relative to the Reserves, the drift
and bearing of which are sufficiently appaivnt, comes the following :

" Suppose the province divided into districts, in each of Avliich tliere should
be a building for worship, and a Minister's house, and a small glebe, and a very
moderate stipend annexed, tlie whcde being property of the state ; and that on
the death of the Incumbent, three-fifths of the inlialiitants should be allowed to
petition for the appointment of a minister for life from any one of the four .sects"
(these being stated in the former question, to be Churcli of England, Roman
Catholics, Church of Scotland, and Wesleyans,) "and that it should be lawful
for the govenior, on such petition, to api)oint accordingly ; what would bo your
opinion of such a plan 2" ! ! !

" I am of opinion that such a plan would be inexpedient, for the remaining
two-fifths would have great reason to complain. With the exception of Lower
Canada, where Roman Catholics prevail, I do not think that in any district,
parish, or township, three-fifths would l)e found to concur." — Now mark !

" If three-fifths did not concur, would it not he nn eastj mode of delivering
the Government (Christian! ! !) from the burden of supporting an established
clergy \

Both Gentlemen evidently were aghast at such a proposition,
a. d Mr. M'Gill answered — " T have not directed my thoughts
particularly to this, and I did not come prepared for such an
examination."

The Representatives of the British Government, however, seem
not to have been taken aback by this reproof, for the examiner
proceeds —

" When you say the other two-fifths would have reason to complain, do
you bear in mind the circumstance that, they would see at the same time, that
in those districts were persons of their persuasion formed a majority, (be they
Turk or Heathen the rule applies,) their ministers wove supported out of the
funds of the public ?" " I think that in very few places three-fifths would
concur ; but even if they did, I do not think the other two would be satisfied."

No remark is necessary upon such a heinous anti-christian
proposition from British Statesmen, further than to ask, how any
clergy can teach their people to reverence a Government which thus
sets the rights of the Almighty at defiance to save a penny .^

I remain, your's truly,

W J. D. WADDILOVE.

V System proposed
k from tlie Report
les Grey. I must
iposed to implicate
iisi proposition. —

issioners, No. 12.

M'Gill examined.

Reserves, tlie drift

nes the following :

j{ wliicli tliere should
nail glebe, and a very
lie state ; and that on
should be allowed to
one of the four .sects"
I of Fiiigland, Roman
at it should be lawful
; what would bo your

ent, for the remaining
le exeeption of Lower
: that in any district,
." — Now mark !
.vy mode of delivering
porting an established

Lich a proposition,
^ted my thoughts
ared for such an

?nt, however, seem
for the examiner

eason to complain, do
t the same time, that
a majority, (be they
I supported out of the
cs three-fifths would

would be satisfied."

ous anti-christian

1 to ask, how any
nment which thus
? a penny ?

^ADDILOVE.

CANADIAN CLERGY RESERVES.

TO THE EDITOR OF THE NEWCASTLE JOURNAL.— No. 2.

Dear Sir,— As you have kindly inserted in your Journal to-
day my Letter, regarding the Plunder of the Canadian Church,
and as I referred, in that letter, to a high legal opinion, given very
early in the unhappy conflict which has led to this system of robbery
—will you dome tfieftivour, (for the sake of your readers, equally
shocked as myself,) to insert the document to which I have alluded.
I believe the Kirk of Scotland has few more attached friends than
niyself, and grieved have I long been to see the Papist, the Infidel,
and the Nothingarian, successfully sapping the foundations of
Zion, under the shadow of her venerated name. I am deeply con-
vinced that while the two Churches, (agreeing in all that is
impm-tant, and only differing in points which must pass away,)
carry on the work of their common master, with united hearts —
" The gates of hell shall never prevail against either ;" but we have
it frnn the same high authority, that "a house divided against
itself i.s a house founded on sand ; and how much more certain
must be the issue when the division is caused by unjust aggression.
The windows of Heaven are wide enough for all."" — Malac. iii. 6-12.
Your^s truly, J. W. D. W.

Beacon Grange, Feb. 22, 1840.

Fiat .lustitia, mat Cooluin.

Queries in case, as to the Reserved Lands allotted for the
support of a Protestant Clergy in the Provinces of Upper and
Lower Canada.

Whether the Provisions of the Act 31 Geo. III. cap. 31.
(1791 -2) i-egulating the allotment for the support and maintenance
of " a Protestant Clergy within the same," are, or are not, in your
judgment, applicable only to the Clergy of the Church of England .?

And in the former case, whether the Governors of the Pro-
vinces, acting under Her Majesty's authority, could make any
appropriation to the Ministers of other Churches, without directly
contravening the Act ?

OPINION OF MR. PATTESON.

I have delayed answering the case a few days, only because it
appeared to me so clear, that I was afraid I had not seen the diffi-
culty, if there be any.

" I am of opinion that the provisions of 31 Geo. III. are applicable only to
the Clergy of the Church of England. Whatever might have been the original
meaning of the expression ' a Protestant Clergy,' in the 14 Geo. III., it appears
to me that the subsequent Instructions and IVlessage of His Majesty, recited in
31 Geo. 111., together with the Provisions of that Act, (and especially that
which speaks of Institution and of the Spiritual Jurisdiction of the Bishop),
plainly point out that the expression is to be understood as referring to the
Clergy of the Church of England only. ' A Vrotestnnt Cleryy,' evidently means
one single and entire body of persons ; now the Clergy of the Church of England,

and those of the Kirk of Scotland, can never fonn one body. If, therefore, tlie
Clergy of the Church of Scotland bo let in, there is no reason why any other
Denomination of Dissenters should not l)e admitted, and the words, ^ a I'rotcfiturit
Clergy,' mnst then be taken to mean I'rotcstant Ministers or Tencliers, which
appears to rae to be absurd. Tlie expression was used in contradistinction to the
Romish Clergy, and although I am not iirepared to say that an Establisliment
similar to the Kirk of Scotland, might not have satisfied the words of 14 Geo.
III., yet I am quite convinced, that it would not have satisfied those of the 31
Geo. III. Being of opinion, therefore, that the Acts contemplate one single
body of Protestant Clergy, I liave no doul)t that the Clergy of the Church of
England are that body— and tlie erecting the Provinces into a Bishopric, and
every thing done since, plainly shows that such is tlie riglit interi)retation. I
am also of opinion, that tiie Govemors of tlie Provinces, acting under His Ma-
jesty's orders, caniKjt legally make any approi)iiatioii to the Ministers of other
Clmrches. I think that nothing sliort of an Act of the Legislature, coiitirined
in England can authorize them to do so. The Charter"' of April, 181!), would
create a difficulty in the passing any such Act, and without a new Act, that
Charter alone would almost decide the question.

" Temple, Mny 20th, um." (Signed) "JOHN PATTESON."

■••" Mr. Justice Patteson here alludes to the Charter instituting the Cori^ora-
tion for the Management of the Clergy Reserves.

N.B. The opinion of the Learned Judge as to tlie sense of the Legislature,
in .31 Geo. III. is confirmed by the fact — that in the same session (17m) in
which this Act passed, " Su- Gilbert Elliott endeavoured to obtain an exemption
from the operation of the Test Act, in favour of the Membei-s of the Scottish
Church, which was negatived by a majority of 87." — Aim. Reg. l7i)l,Page 154.

Moreover, tlie few itinerant preachers calling themselves of
"the Kirk of Scotland," were not reco<>nize{l by tliat Church till
within a very few years; nor were <uiy Clergy sent out by tliat
Church, or any notice or care taken of the sjjiritual interests of tlie
emigrant, till the establishment of a Missionary Societv at Glasgow,
about 1824, arising, doubtless, out of the singular conduct of tlie
Colonial office, and the political bearings of this dispute ; whereas,
the Church of England has been engaged in the task of providing
Clergy for the North American Provinces (liovvever inadequately
from the want of means) since the days of William III. 1704; and
further, tlie Clergy of the Church of England passed, with their
Royalist bretliren, out of the States during the American war, and
settled with them in Canada ; while, on the other hand, the Dis-
senters of all denominations, Church of Scotland included, mainly
took part with the revolt, and continued members of the American
Commonwealth. Add to these considerations the facts of the
Rebellion of 1715 and 1745, taking ])lace within less than thirty
years of the time when the expression " a Protestant Clergy" is
used by the Legislature — that a soreness and ulceration existed
between the Government and Scotland, even within the memory of
many now alive, — that the very principles of Monarchy and Esta-
blishment were in peril when the Act of 1791 was passed, in con-
sequence of the French Revolution ; and that Edinburgh, Glasgow,
and many parts of Scotland were deeply implicated in the " Cor-
responding and Affiliated Societies" of the day : audit seems hardly
possible to conceive that any other Clei-gy were in the consideration

i„

■^;

. If, therefore, the
ison wliy any other
vorcls, ' a rrotetitant
or Tencliers, which
trjidistinction to tlie
t an Estahlisliment
e words of 14 Geo.
icd those of the .'31
template one single
of the Church of
;o a Bishopric, and
t interi)retation. I
tinj;^ under His Ma-
Ministers of other
a;islature, coiitirined
April, 181!), would
lut a new Act, that

s PATTESON."
tuting the Cor^iora-

of the Legislature,
session (1701) in
htain an exemption
el's of the Scottish
(eg. 17i)l, Page 154.

^ themselves of
liat Church till
Mit out by that
1 interests of tlie
ietv at (xlasgow,
r conduct of the
spute ; whereas,
isk of providing
er inadequately

III. 1704; aud
ssed, with their
lerican war, and

hand, the Dis-
iicluded, mainly
if the American
le facts of the

less than thirty
tant Clergy" is
aeration existed

the memory of
irchy and Ksta-
I passed, in con-
lurgh, tilasgow,
d in the " Cor-
I it seems hardly
ic consideration

)f Parliament, but those specially described in the 39th and 40th
'lauses of 31 Geo. III. cap. 31, — " who shall have been duly
ordained according to the Rites de VEfjIi.se Anglicanne," and who
[were bound by institution to submit to the " spiritual and eccle-
jsiastical authority of the Bishop of Nova Scotia, according to the
\laivs and canons of the Church of England, which are legally
] established attd received in England.''''

On the 25th March, 1791, the Report of the Committee on
I the Bill was made to the House, and in the ensuing debate Mr. Fox
[expressed his disapprobation, of giving so large a portion as one-
seventh to the Clergy. Mr. Pitt defended this enactment: ^ That
this proportion (a proportion much less than one-tenth of the pro-
duce of the lands,) had become almost an established custom in
England, where Unid was given in Commutation for Tithes.'''' —
An7i. Reg. 1701, page 112. Now this principle can only be
applicable to the Clergy of the Church of England, for Teinds,or
Tithe, in the Scottish Church, are upon an entirely different footing.

EXTRACTS FROM THE ACT OF 1791.

Clause 36. Is the general declaratory Clause, enacting, " a permanent
Ajipropriation for the support a"'l maintenance of a Protestant Vlergy'" and
rendering i/lcyal and invalid any Grant wherein such proportionate Allotment
shall not be annexed.

CI. S7. Limits Lhe Rents, Profits, and Emoluments, " to the maintenance
of a Protestant Clergi/, and to no otiikr purpose whatkvku."

CI. 3i5. Authorizes specifically " the constituting and erecting within every
'J'ownshi]), or Pavisli, which now is, or hereafter may be furmed, constituted, or
erected — cme or more Parsonage, or Rectory."

CI. ."li). Limits tlie poi'sons to be presented to such Parsonages or Rectories,
viz. — " An lneinnl)ent or Minister of the Church of England, wno siiAtj, uave

IlKEN Dl^LY ORDAINI-.I) ACCORDING TO THE RlTES OF THE SAID ClIURCH (Suivant

Its Rites et usages deTEglise Anglicanne) — such pev'ions to hold and enjoy the
same as fully (aussi pleinement) and amply (et amplement,) and in the same
mann"r (et de la mcme maniere,) and on tlie same terms and conditions (et aux
mcme termeset conditions,) and liable to the performance of the same duties
(et sujette a rexecution dcs memes fonctions,) as an Incumbent of a Benefice
or Cure in England (qu'un Beneficier d'un Benefice or Cure en Angleterre.")

CI. 40. Renders t'ifse Clergy subject and liable to all rites of Insti-
tution, AND ALL other SPIRITUAL AND ECCLESIASTICAL AUTHORITY OF THE

Bishop of Nova Scotia, or such other Authority as may hereafter be lawfully
granted by Ilis Majesty, within the said Provinces, or either of them respectively
according to the Laws and Canons of the. Church of Enf/lnnd — which are legally
esfahlished and received in England, (Conformement aux loix et Canons de
rj'^giise Anglicanne, qui sont legalemcnt etablis et recus en Angleterre.

CI. 41. Provides in case of my change in these enactments, that such change
cannot he valid except under the restriction provided in

CI. 42. " Tbat it shall ' not be lawful' for His Majesty, his heirs or successors,
to signify his or their assent to any such Act or Acts, until thirty days after the
same shall have l)een laid before the two Houses of the Imperial Parliament —
«! or to assent to any such Act or Acts, in case either House of Parliament shall,
' within the said thirty days address His Majesty, his heirs and successors, to with-
hold his or their iussent. And no such Act shall be valid or effectual to the pur-
pose of any such change within either of the sjiid Provinces, unless the Legislative
('ouncil and Assembly of such Province shall, in the Session in which the same
shall have been passed by them, liave presented to the Governor, or Sic. an

atlthfss or addresses specifying that such Acts contains provisions for some of th
said purposes lierein before specially described, and desiring that in order to giv
ett'cct to the stune, such Act should be transmitted without delay, for the purpos(
of being laid before Parliament, previous to the signification of His Majesty's]
assent thereto.

Now, no other Clergymen, except those of tlie Church oil
England, can, by any construction, satisfy Clauses .38, '39, and 40.

And no other Clergy but Episcopal, will submit to the Spiri-
tual jurisdiction or authority enacted Clause 40.

Yet, in the face of all this. Sir Francis Head states, p. 280,
" That in order to help the questioyi to a conclusion ! ! ! he recom-.
mended the Reserves should be divided among the Churches of
England, Scotland, ROME ! and Wesleyan Methodists ;" — the
first and last alojie^m any respect acknowledging the Ecclesiastical
and Spiritual authority of the Episcopal rites and canons ' de
TEglise Anglicanne,'' " and three cut of the four conscientiously
opposed (with the constitution of Britain) to thecreed and practices
of the Church of Rome.

And in 1840, Governor Poulett Thomson directs Her Majesty's
Attorney-General to bring into the House of Assembly of Upper
Canada, a bill (ivhich that House has passed) for the sale of the
Clenfy Reserves, providing that /mZ/'^j/' the produce of the sale shall
be divided between the Church of England and the Church of
Scotland, inchuh'ng the United Secession Synod ; that the other
half shall be divided among the various denominations of religionists,
clainn'ng the name of Christian, however far removed in opinion or
practice irom the simplicity that is in Jesus.

THE CHURCH, AND EDUCATION m CANADA.

TO THE EDITOR OF THE NEWCASTLE JOURNAL.-xVo. 3.

Dear Sir, — Having in two former letters shewn the havoc
which modern systems of (mis) government (if left unchecked) are
making upon the national "pillar of the faith" in Canada, and in-
tending, if it meets your indulgence, to shew the mercantile com-
nmnity that the same system is sacrificing tlieir own class alw, at
the shrine of Daniel aConnell, and the Roman Priesthood, an
intermediate step seems necessarily to be sjiewing how these voci-
ferous sticklers for General Education have been, and are, conduct-
ing themselves, as regards " Education upon Protestant principles '
in the })rovince of Lower Canada. I believe you know I have no
inclination to meet Sophists in argument, having read Hudibias in
former days; but with no more words of my own than 1 can pos-
sibly help, my wish is to state plain fact u[)on authentic evidence,

-.■»* Ka i ga s art >;

^visions for some of the
ig- tlmt in order to give
t delay, for the purposJ
ution of Ilis Majesty's!

of tlie Church oil
?es 88, 39, and 40.
Libniit to the Spiri-

3AD states, |). 280,1
Hon! ! ! he recom-.l
^ tlie Churches of
Methodists;" — the]
I the Ecclesiastical I
i and canons ' del
ur conscientiously
reed and practices

ects Her Majesty's
ssembly of iJpper
for the sale of the
ice of the sale sliall
n\ the Church of
1 ; that the other
onsof relio;ionists,
jved in opinion or

IN CANADA.

RNAL.— No. 3.

shewn the havoc
ft unchecked) are
II Canada, and in-
3 mercantile corn-
own class alno, at
an Priesthood, an

how these voci-
and are, conduct-
'stant principles,'
I icnow I have no
read Hudibras in
n than 1 can pos-
it hcntic evidence,

avincr others to draw their own inferences as to tha iniquity of
uch proceedino's — rendered still more glaringly iniquitous by the
ontrast it forms with their conduct towards a class who hold, in
lie language of the Litany of Edward VI. " the detestable errors
)f the Pope of Rome.""

" No one can question the authenticity of one of those large
)lue folios, which seem to have turned the island mad of late ;
, therefore, have recourse to the Appendix, No. 10, First Report
f the Triumvirate Commissioners; first, stating a singular speci-
men of legislative justice — and what makes the fact still more sin-
Igular, is, that the same page (12 of Report) which relates the
circumstance, contains a recommendation " that the Koyal Institu-
tion should be left to be assisted by the assembly, which ive believe
has always shewn itself liberal in encouracjijig the promotion of
Education!! The fact is this; the Rev. Mr. Burrage was sent
out by government as master of the school, at Quebec. He was
guaranteed a salary of c£*200 per annum, paid out of the Jesuits'
estates. Lord Ripon gave up these estates, in his liberality, without
conditioning for the fulfilment of the pledges by which they were
burdened. What follows ? These exemplary liberals of the As-
sembly, (if we are to believe the Commissioners), bring in a bill,
in 1833, (as soon as the quarry was safe within their grasp), to
reduce the salaries of the Protestant schoolmasters of Quebec and
Montreal, from =£'200 per annum to i?100 ! and at the same time
required them to teach 20 additional free scholars, thus liberally
entailing upon them the expense of additional assistants at the very
moment when their remuneration was diminished one half ! !! Yet,
in the tail of such a statement, the perpetrators of this act of cruel
injustice and breach of faith, are to be coynplimented upon their
extreme liberality in gratits for education, by British Commission-
ers ! ! but I forget myself : these were Protestant school-masters —
members of the National Church : — why National ? That all
might be entitled to *' a share in her spoil." But to Appendix,
No. 10, p. 35,

APPLICATION FROM THE PRESIDENT OF THE

ROYAL INSTITUTION FOR THE ADVANCEMENT OF LEARNING

IN THE PROVINCE OF LOWEJl CANADA.

To His Majesty's Commissioners of Enquiry, &c. &c. — The undersigned,
having been authorized by a resohition of the Corporation of, &c. " to bring
under the consideration of His Majesty's Commissioners tlie necessity, before tlie
Crown lands or revenues thereof are surrendered to the provincial legislature, of
reserving to the Crown the power of making endowments out of those lands or
revenues, for the support of the Grammar Schools of Royal foimdation, hereto-
fore established in this province, and in aid of the private endowments of M'Gill
College, at Montreal, and for the future extension of that establishment, or the
foundation of a univereity, or other sufficient collegiate institutions in the pro-
vince, in conformity to the Royal promise, recited in the preamble of the School
Act of 1801," respectfully submits to His Majesty's Commissioners a statement
of the grounds on which the Board of the Royal Institution solicits the atten-
tion of the Commissioners to this subject. The claim for a Royal endowment

out of the Crown Lamls, for institutions of oiliication in this province, may b,
stated as resting, 1st, on the pledge, contained in a coniTnunication of tlie Roya
intention, to this effect, made by tlie Governor of the iirovince to the Provincia
Legislature, and recited in the prcaml)le of the above named Provincial Statut
of 1801 ; 2nd, on the measures which were taken shortly afterwards bv th
Provincial Government, in pui-suance of tliat promise ; — 3rd, on the fulfihneii
of a like pledgt, given nearly at the same time, for the benefit of the inhabitant
of Upper Canada, who accordingly now enjoy the advantage of such an endow,
ment ; — ith, on the fact that all the other North American Colonies have had
such endowments granted by the Crown ;— 5th, on the establishment of th '
Royal Grammar Schools at Quebec and Montreal, with a provision for th
salaries of the Masters, out of the revenues of the Jesuits' estates ; — (Jth, oni
the incorporation of M'Gill College, under a Charter from the Crown, with 'the'
declared intention, on the part of His Majesty's Government, at one period
(before Popery gained the ascendant,) to assign the revenues of the Jesuits'
estates in aid of the private foundation of that institution ; and, lastly, on the!
otal absence of any other means or resource, by which the inhabitants of
this Province, speaking the English language, can hope to see an Insti-
tution established, to which they could send their children for instruction
in the higher branches of education. The promise of an endowment in
land, conveyed by the Message referred to in the Act of 1801, and the
measures adopted by His Majesty's Government, in consequence tliereof, were
stated by the Royal Institution in a Memorial to the Earl of Dalhousie in 182G
and as a Member of the Board has, by their request, placed l)cf'ure His Majesty's
Commissioners a copy of that Re])resentation, it is nimeccssary for the under-
signed again to state the terms of that pledge, or the nature of those measures.
It may, however, l)e proper to add, that the act of 1801 was passed for the
establishment and regulation of free lands, and other institutions of Royal foun-
dation, of a more comprehensive nature ; and that it is under this act that the
Corporation of the Royal Institution has been established, a,nd has received the
devise and bequest under the will of the late Mr. M'Gill, under which M'Gill
College has been chartered by the Crown. Under this Act many elementary
schools were estaiilished and provided for out of the puljlic revenues ; but no
measures were taken for creating the Corporation contemplated J)y the Act ;
or for establishing Schools for the higher branches of education, till 1815-16'
when His Majesty's government ordered that the Royal Institution sliould be'
organized, (with a view in particular to take advantage of the bequest of Mr.
M'Gill, who died in 181.3), and at the same time directed that the funds of the
Jesuits' estates (given up unconditionally by Lord Ripon ten years after I)
should be api)lie(l to the erection of a college under that bequest ; and in tlie
year 181(5, masters were engaged, and sent out from Enyland, wlio were to liave
charge of Royal Grammar Schools, tlien directed to be established at Quebec
and Montreal, with a suital)le i)rovision out of those estates. (How this pled^-e
and Royal engagement has been fulfilled since the Jesuits' estates were gi^en
up, has already appeared in my preamble to this document.) Tliese measures
which were considered as the first ste[.s towards tlie execution of the promises
made by the Crown to assign an endowment for education, were followed by
the incorporation of M'Gill College, under a Royal Charter, in 1821, of which
the Royal Institution are the visitors ; but it was not until 1820, after a long
coui-se of litigation, that the Royal Institution can.- into ])ossession of the
landed property and buildings near Montreal, devised bv Mr. M'Gill ; nor was
It till a few months ago that the judgment was ()])tained before His Maicsty's
Privy Council for the sum of X-10,000 also bequeathed by Mr. M'Gill, in trust
tor the Royal Institution. This legacy, though now amounting ^vith accumu-
lated interest to ^'22,000, is manifestly insufficient without the aid of further
endowment, for the establishment and maintenance of an University, as com-
templated by the Testator, or even of a single College. Mr. Cochrane proceeds
to point out the necessity of provision being made for Academical Institutions

■■isasmm

swwssi:;

his province, may Ik
iiication of tlu; Roya
ince to the Provinciii
ed Provincial Statuti
ly afterwards l»y th
rd, on the fulfihneii
.^fit of the inhabitant
ge of such an endow
m Colonies have hadi
cstaldishment of th
h a provision for th
its' estates ; — (Jth, o _
the Crown, with the
nent, at ono period,!
nues of the Jesuits'
; and, lastly, on the
I the inhabitants ofl
ipe to see an Insti-
Idren for instruction
f an endowment in
t of 1801, and the
qucnce tliereof, were
»f Dalhousie in 182G,
before His Majesty's
jssary for the under-
•e of those measures,
was passed for the
itions of Royal foun-
ider this act that the
and has received the
under which M'Gill
L't many elementary
ic revenues ; but no
riplated ))y the Act ;
ication, till 1815-16,
nstitution sliould be
f tlic becjuest of Mr.
'lat the funds of the
1 ten years after I)
bequest ; and in the
ff, wlio were to liave
lablished at Quebec
(How this pled/^-e
s' estates were gi"en
.) Tlu'se measures,
tion of the pri)niises
, were followed by
•, in 1821, of which
il 182*), after a long
possession of the
r. M'Gill ; nor was
ffore His .Majesty's
Mr. M'Gill, in trust
iitmg with accumu-
it the aid of further
Jniversity, as com-
. Cochrane proceeds
lemical Institutions

f a minor nature, and then stutes the fact reu^ardiag the Schools at Montreal
nd (Quebec, that though nent out by His Afiijesty's (iovernment at the time, yet
le masters have been left witliout support from 18;J2, xohen the Jesuits' estates
ere unconditionally given up ! and he adds, that there is no reasonable ground
o hope that any relief will be afforded to the teachers of these Royal Establish-
ents, unless His Majesty, in his bounty and justice, shall secure a provision for
hem out of his land revenues, at least equal to that upon the promises of which
he Establishments were originally formed. He then recites what has been
one in the otiier Colonies, where, by the way, the interests of Popery are not
o triumphant) and continues, " while such provision has been made for educa-
ion in the neighbouring Colonies, and while the establishments for education of
hat part of this Province which is of French extraction, and of the Roman
atholicpersuasion,aree.rfr;n.'(?t)^,ands'</)/)OJ"/erf 6</ /a ;*//eewrfoi«mpni*, which, though
riginally derived from private donations, have been secured by capitulations
ranted by the Crown, or lyive been left by its sufferance and indulgence in their
msesdon) the other inhabitants of the Province feel the want of the same advan-
tage. It is true that the seminaries here alluded to,are nominally open toall classes
of the population, but they are practically closed — for it is an undoubted fact that
an almost universal and insuperable reluctance appears to exist among those
classes to avail themselves of the means of instruction so afforded to their youth
— (the reason of this may be easily guessed) — and the few instances of young
persons of that diseription being educated in these seminaries have been, and are
infrequent — and i)ear no assignable proportion to the number sent out of thk
Province for education. Independently of this consideration, the range of in-
struction '" one of these seminaries is necessarily limited by particular circum-
stances, auu in neither of them is an education afforded, either founded upon the
principles, or conducted in the manner to which, whether from prejudice, or
enlightenment, those who belong to a different class of the population, would
give a decided preference ; — and the same observation applies, and will, it is
believed, long continue to apply, to other seminaries of more recent origin,
which have been foimded with the most praiseworthy zeal by the Roman Catho-
lic Priesthood, aided by gi'ants from the legislature, in those parts of the province
inhabited by a population of French extraction. Circumstjances in the political
condition of this province^ to which the undersigned is desirous not to advert in
a more particular manner (viz, British interests being overlay ed by French ma-
jorities) but which can neither be kept wholly out of sight, nor their influence
changed, as he believes, except in a long lapse of time, render it improbable
THAT ANY PERMANENT establishment, or encouragement, can be expected, except
direct from the Crown, for such institutions in the higher brandies of educa-
tion, as would be acceptable to that part of the community deriving its origin
from the mother country. It is a' once an evidence of the state of things here
described, and of the strength of the feelings and prepossessions from which it
has originated, that persons wishing to give their children an enlarged and com-
plete education, have been compelled to send them out of the province, either to
Great Britain — to Upper Canada — Nova Scotia — or 'even to the United States —
and it is a fact, that at the present moment there are at a private institution for
cliissical education, in the State of Vermont, nineteen young persons from this
province, or the adjacent parts of Upper Canada (chiefly belonging to the most
respectable families of British origin) who have been driven to this resource for
the better education of their children, in consequence of the absence of any
well endowed and established seminary of their own principles in the province.
The Royal Institution are aware it does not belong to the duties of His Majes-
ty's Commissioners to set apart endowments for education from the Crown
Lands ; but they have drawn the attention of the Commissioners to the subject,
in the apprehension that, by the measures which the Commissioners are now
framing for surrendering the Crown lands, or the revenues, to the Provincial
Legislature, the Crown will be precluded hereafter, (as in the instance of the
Jesuits' estates,) from exercisiUjj; any power of providing for this important

object out of its torritovial possessions, unless such power be expressly and in
VC reserved to it, or a -H.-^^ pn^^^M;;--^ 'gSllANE,

(Signed) ANIJKl.W ^^^.^^^^ ^^ ^j^^ j^^^^j institution.

Quebec, 24th December, 1835.

This statement will show to the British people at home (if yoii
favour me by its insertion) how pledges and promises have been
Sade and kept in Lower Canada_as respects the interests and
Xantaoes of the Protestant Settlers. My next will show how
F\edcres which our fathers never oAVE-and promises which
THEY NEVER MADE-have, by political contrivances, and political
connivances, been poured, even to overflowing, into the bosom ot
that Church-vvhich our fathers shed ^^^f "-J^l""^ J" ^f J^^ "^•;;;
and adherence to which cost the House of Stuart the throne-to
the aserandisement of the House of J^runswick.

° I remain, Dear Sir, yours truly,

W. J. JJ- W.

Beacon Grange, March 6, 1840.

The petition to Lord Dalh.usie, all"^^>^^^. t^fj^^'^'/^" }^\"^r-
MosT miMBLY SaKWETU,-That in the l^'^vn^cial statu eo 801, un^^^^^
which this Corporation has been instituted (observe this is but ten M^^i-s atUr
the oassine of the Constitutional Act 31 Geo. III.), it is stated that 11 s
MaiS ad been graciouslv pleased to signify his Royal intentions tliat a suit-
S provln o^^ waste lands of the Crown should be «'t aP'T'-ty^f ^ l«

^^enSes apin-opriated to those purposes," for the -cc.nipl.shnu.n o ^^^lld^^
Corporation was established ; and that your petitioners cannot ^'f ^^ ^^ J "f
EXPLICIT PUBLIC, and SOLEMN declaration of the Royal purpose, as carrying ^Mtl
S?aS;;S/«,-/, strong, more particularly as the ^^ ^^'i^^;^^;^
the provincial government, for the express s^gmficahon of His ^Jj ^^^y s p easuic
theiUn, and was thereby brought under the «P^",^\,^«"^'^'^['^J^^" ?f "''. ^^
jesty's Government of the day, before it received the final sanction o His
Majesty. The petition then goes on to state, that having referred to sundry
documents lodged in the office'of their Secretary, ^^'^y fi"'^^";::"^^^^^^^^^^^^^
1801 that his Excellency Lieut.-Governor Milner informed the Executive
Council tliat Sis Majesty"^^' being desirous to afford all V-^flZZ\ST^
to his Province of Lower Canada, in carry mg into f '^^^"Vl^Y"/^^!^^^^^^
much importance as the instruction and culucation of youth, 1 jd^f™ ^^^
him through his Grace the Duke of Portland, his Royal pleasure that he should
S™n consSng His Majesty's Executive Council, report in -^-^ "-^^^ '^
to what extent it would be proper to appropriate a portion «f ^he Crown 1^^^^^^^^^
or revenues arising therefrom, for this purpose ;" and that 1"« ™ <;".7
refen-ed the matter to a committee. That the Report was approved " Council
June 27th, 1803, recommending an appropriation oi sixtctivi loNMislnps ana
that the Governor promised to transmit the same to the then Secretary ot State,
for His Majesty's Royal pleasure. That it appears from a despatch dated Sept
9th 1803, (a copy of which is in the archives of the mstitution) that His
Majesty was graciously pleased to approve the appropiuation of a q"«^"t; J «*
land for the foundation of two seminaries, one at Quebec, and one at Monti eal
upon the scale recommended by the Council, viz. to the ex ent of 20,000 acres
for each School (not one acre of which has been assigiied ! !) This document
p. 37-38, is signed by the late Chief Justice, Feb.^lOUi,^836.^^ ^^^^^^^^^

..^^^.J

ANE,

al Institution.

Iiome (if yoii
s have been
nterests and
I show how

rllSES WHICH

uul political
;he bosom of
get rid of-r-
i throne — to

J. D. W.

"»«? .

?, ran thus —
of 1001, under
t ten veai-s after
ited that " Kis
ions that a suit-
t npavt, and the
nt of whieh this
)nt consider this
IS carryi"S witli
was reserved by
ftjesty's pleasure
tion of His Ma-
sanction of His
n-red to sundry
Voveml)er 11th,

the Executive
; encouragement
n an object of so
, had signified to
e that he should,
lat manner, and
lie Crown lands,

his Excellency
oved in Council,

Townships, and
jcretary of State,
>atch dated Sept.
Itution) that His
of a quantity of
one at Montreal,
; of 20,000 acres
This document

I, President.

CHURCH ROBBERY IN CANADA.

'JO TKE EDITOR OF THE NEWCASTLE JOURNAL.— No. 4.

Dear Sir, — In my first and second letters I showed your
readers the plan of sacrilege in prf)gress for destroying the perma-
nence of Protestant Christian Principles in Canada, and I hope
might convince some of my brothers in the sister church (not steeped
in the mire of faction) v.hat an ill work has been going on under
their name, terminating in rr>bbery upon us, without any areat
advantage tn themselves. In my second, 1 shewed how tjie same
{5atanic principle had been at work in the case of the Royal Insti-
tution, and the Schools of Quebec and Montreal, and that, in fact,
the Crown of Great Britain — the fountain of honour — and, as it
used to be thought, the bulwark of truth and fair deahng — had
been plunged into a system of faithlessness and breach of promise
towards its subjects of the national religious principles, of which no
English private gentleman could have been guilty, without a fair
claini to a mission to Coventry. I have promised you, for the
information of the mercantile interests of the empire, a document
to prove that it is their turn next, and that the attack upon mer-
cantile industry, talent, and capital, has already commenced at
Montreal, and that they also must be added as an ingredient of the
great sacrifice to Baal and his compeers ; as, however, it was stated
in the House of Lonls last spring (in reply to his Grace the Arch-
bishop of Canterbury) by two Noble Lords who had held, at various
periods, the Colonial Seals, that there were " circumstances in the
ca})itulation" which made these singularly anti-Protestant arrange-
ments mev'itable, and as, if these statements were correct, the docu-
ment I purpose to send you would be deprived of much of its force,
I think it may be advisable, before I present it to you, to show
from the records of those days that such representation was entirely
erroneous, and that so far from the city of Montreal being then so
circumstanced as to require the terms of the capitulation to be
strained from their plain, grammatical meaning, the actual fact
was, that the terms were granted by the stop-watch, and a few
minutes' hesitation would have caused the city to be bombarded
about their ears. The articles also show that the claims now set up
were actually presented to General Amherjt, and positively and
distinctly rejected. The records to which I refer are the original
letter* which passed upon the subject, and which may be found in
the tate Papers," Annual Register, 1700, page 2|20. Few of
your readers having the means to refer to them, there is no remedy
but to make a transcript.

LETTER PROM iMO^S. VAUUREUIL TO OEiNEHaL AiMlIERST.

Montreal, Sept. 7th, 1760.
Sir,— I send to your Excellency M. de Bongainville, Co'wnel of Foot, accom-
pauied by M. de Lac, Captain in tiie Regiment ^ la Reine ; you may rely on all
that the said Colonel shall say to your Exccllcney in my name. ,^ , ,^^ ^, .,.,,,

I have, &c. VAUDREUIL,

(

GENERAL AM.'lKRSl's ANSWER TO THR ABOVE.

Camp bofoie Montreal, Sept. 7tli, 17B0. i
SiH,— 1 am to tliank your Excellency for tlie letter vou honoured nie witli
this rnorninj? by Capt. Bon^'ainville, since which, the terms of capitulation which
you demand have been delivered to ine. I send them hack to your Excellency
vith those I hare rcnolred to <jrant you ; and there only remains for me to desire that
your Excellency will take a determination as soon as possible, as i shai l m\ke
KO ALTERATION IN THEM. If your Excellency accepts of theso Conditions Von
may be assured that I will take care they shall be duly executed, and that I'shalJ
take a particular pleasure to alleviate your fate as much as possible, by procurinLr
to you and to your suite all the conveniences tiuit dej)end on ine.

1 have, &c. JEFF. AMHERST.

SECOND LETTER FROM M. VAUUREUIL TO GEN. AMUiiHST.

c. ^1 . , , , „ Montreal, Sept. 7th, 17B0.

Sir,— I have received the letter your Lxcellciicy has honoured me with, as well
as the answer to the articles wliich I had caused to be proitosed to you by M de B
1 send the said Colonel back to vour Excellency, and 1 persuade luyself that you
will allow him to make, by word ot mouth, a repre.sentution to your Excellency
which I cannot dispense with myself from inakinj,'. I have, &c.

VAUDREUIL.
GENERAL AMHERST S ANSWER TO M. V.'.S SECOND LETTER.

«.„ ,r • ., ,. . , ,9*'"Pl>pfore Montreal, Sept. 7tb, 1760.

SiR,-Major Abercrombie has delivered to me the letter with which your
Excellency has honm.red me, m answer to that which I had addressed to you with
the conditions on which / expect t'.at Canada shall surrender. I have already had
the honour to inform your Excellency th„t I should not make any alteration in'them ■
I cannot deviate from this resolution ; your Excellency will tliereforo please to
take a d^terminatwit immediately, and acquaint nie in your answer whether vou will

accept them or not.

LETTER

I have, &c.
FROM M. LEVIS TO

JEFF. AMHERST

GENERAL AMHERST,
o T ,. ^ „ Montreal, Sept. 7th, 1760.

n 1*7 .1.^*"^^ *" ^■""'■, I^^f'« I'^"cy M- tlo Lapau.e, Assistant Quarter Master

General to the Army, on the subject of ^Z,. too ri.jorovs J,//./., whicli you imrfoi on
the troops by the capitulation, an.l to which it iroM not bef.oJh/e for ns to subscribe •
be pleased to consider the severity of that Article. I flatter myself that you will
be pleased to ^ive ear to the representations that officer will make to you on my
part, and have regard to them.— 1 have, &c. ^

LE CHEVALIER DE LEVIS.

GENERAL AMHERST S ANSWER TO M. DE LEVIS.
R,^ rr,,, ,, ,., , CampbeforeMontreal, Sept. 7th, 1760.

l,«o i'v A I '" ^''"fL'> y'i",^'^^^ «ent ^ne by M. de Lepause, has this instant

the least th^ conditions which I have offered to the Mar<iuess de Vaudreuil and I
expect hsdefimtire answer by the bearer on his return. On every oil er occasion I
sliall be glad to convince you of the consideration with which I ain, &c

■vr T> « HM . 1 .. , , J^I'^F- AMijERST.

n ^:^;— ^'lese two letters shew palpably, not only that

General Amherst meant what he said, i)ut that the capitulators'

, — „- .„ ., „i,^ i,,^n iiii: capiiiiiaiors

knew what he meant; and had not even the folly to mnke any
objections, except upon some point of military degradation."

THIRD LETTER FROM M. DE VaUDREUIL TO GEN. AMHERST.
a,„ T I J ^ • , Montreal, Sept. 8th, 1760

«r„r. c '~T *''"''*' ^^^^'•"i'"?^ t« accept the conditions which ymir Excellency
proposes. Inconsequence whereof, I desire you will come to a deteriniuatbn wilh
regard to the measures to be taken relative to the signing of the said article"

I have the honour, &c. VAUDREUIL.

The last two letters exchanged, relating to mere form of taking
possession, I need not trouble you with. ^

Then follow the articles, the French version which I have seen
and which shews the original wording presented, and the specific

-—-^—'-~-~rr~-'-''-' ymu'i "''"S" --

lalteratious in tliat wording made by General Amherst, are even

[stronger in favour of tlie British Settlers at Montreal, than the

version given in the Annual Kegistrr. I shall now add a brief

extract from the projxjsitions nuide by France, and presented to

Lord Chatham, then Mr. Pitt, Jidy 15th, 1761 :—

France cedesai»Q:;iiaraiitoi'8allCanuda to En<rlaii(l for ever upon four conditions:
Ist. Tliat the ielii;ion of llonie may be piihlicly confessed and exorcised there.
2nd. That the French may retire to French Colonies with their effects, *,ho
English i)rovidin}i; means of transport.

3rd. That tie limits of Canada and Louisiana l)C finally settled.
4th. Liberty to fish on tiio banks of Newfoundland
On the 20th of July, 1761, Mr. Pitt gave in substance the .

following answer : —

" That Great Britain will never recede from her claim of tb-^ total and un-
conditional ceasion of all Canada and its appurtenances."

Extract fnmi the fourth Article of the definitive Treaty of
Peace, concluded at Paris, Feb. 10th, 1763 : —

" His Most Christian Majesty cedes and guarantees to his sjvid Britannic
Majesty in full right Canada with all its dei)endenc;es, in the most ample manner
and form, without restriction. His Britannic Majesty on his side agrees to grant
the liberty of the (R.) Catholic Religion to the inhabitants of Canada, and will
give tlie most effectual orders that his Majesty's new Roman Catholic subjects
may profess the worship (no more) of their religion according to the rites of the
Romish Church, a.«/flr as the laws of Great Britain permit."

Extract from the Proclamation, dated 7th October, 1763 : —

" All persons inhabiting in, or resorting to our said Colonies, may confide in
our Royal protection for the enjoyment of tlie benefit of the laws of our realm of
P^ngland."

And then power is given to the Governors to grant, &c. as stated
by the merchants of Montreal in the document 1 ^hall send.

Extract from the King's reply to an address from the Arch-
bishop cf Canterbury, and Bish ps and Clergy of the Province in
convocation assembled, referring to this very subject — the spread
antl encouragement of Protestant principles in the newly acquired
province of Canada.

" It will ever be my sincere desire tc extend our most holy Religion
throughout the vast dominions added to the Crown by the late honourable and
advantageous pence ; in this pioiis work, I am persuaded, 1 shall have the hearty
and zealous assistance of my faithful Clergy, and they may bo assured of my
constant ]n-otection .and support.''

The Act 11- Geo. III., 1774-, \vh\ch first authorized the Roman
Catholic Priesthood to receive any of their dues, and even then
limited the grant only to those of their own persuasion, (expressly
reserving the residue for the encouragement of the Protestant
Church,) sufHciently marks the sense in which " the freedom of
?ro>vs7i //>,■'" stipulated for by the French king, and granted by the
English, " as far as the laws of the realm of Gre«t Britain would
permit," mutst, and can otily be understood — a liberal toleration, as
clearly distinguished from any thing more — and the clause which
specifiiallv *' excepts the religious communities," mu^t of necessity
be interpreted by t/iese facts, not by the sophistical arguments of
the triumvirate commission. No ll, 5th Report, page 146.

The last extract with which I shall trouble you, in to show by
the evidence of an eve witness, how utterly absurd in the suppo-
sition that the Canadians were in a condition to prescribe terms or
interpretations to the conquerors, when they passed from the French
to the British Crown ; indeed their own histories prove the reverse.
Kxtract from a letter of an officer in Col. Frazer's reeiment
dated St. N'alier, near Quebec, Feb. 19th, 1701 :— '

" You may easily conjecture that the 8.-virnl parts of tliis country which
M-e Jiave heen traversing for tliesc two yeai-s witli the calaniities of war, are greatly
ruined, and itd poor inlial)itantH reduced to tlic rtreatest extremities and want-
i. great number of wliom wouKl certainly have perished ' this winter had not a'
■ most humane act of British generosity been show^n them, by collecting among
oui-selvcs money for buying the nece&saries of life for these needy wretches.
Every private man, seijeant, cor])oral, ond drummer iii oi!r regiment, has of
their own accord, contributed one week's nay for the relief and 8Upj)ort' of these
distressed Canadians ; each subaltern officer has given X'l ; each cajitain £3 •
and the major £5 sterling ; so that Wf are now returning good for evil, and en-
tirely forgetting that they scalped so many of our countrymen last year."

We, dear Mr. Editor, have lived to see — evil attain returned
for good, and I can scarcely express to you the astonishment with
which I behold these aogressions day by day upon the peace and
comfort of the British Settlers, whose industry, talent, and capital
alone, have changed the city of Montreal from a mere military
Kstation, and an enibarrasse(rfactory,*and the Canadian peoj)le from
serfs to freemen (si bona sua norint,) when I recollect the fulsome
and c()mj)linK'ntary language of their own historians, before pamper-
ing had " taught Jeshurun to kick." We need, however, but look
to Ireland for the clue.

A nearly similar case to that of Montreal, occurred at Manilla,
Oct. Cth,1762. The French histories of tlie time acknowledge,
that, had not the r! ■ /p . orrespondence and submission taken place.
General Amherst baa -.s-ved, when bo encamped before the city,
to cnnimerive the -torm hi/ 'iay hv :k the followbu) mond/n;. On
the 6th of Oct., 1W2, General Draper and Admiral Cornish sat
down before Manilla with a like intention. To prescrv • the city
from pillage, the General gave terms to the autlioritit upon a
solemn promise of signing the articles of capitulation which he
should dictate. Some time after, the Spanish Goveriunent brought
a charge against Gen. D. relative to this ; the terms were, (like Lord
Amherst's,) more stringent than they liked, tvhen the danqer was
over; he defended hi>Mself in a letter to Lord Hal-fax, the then
Secretary of State, by stating " that it is a known and universal
rule of war among the most civilized nations, that places taken by
storm (as was nearly being the case with Montr(=al) without any
capitulation, are subject to all the miseries that the conquerors may
choose to inflict." As conquerors, says General Draper, (an*d
General Amherst clearly acted upon the same view,) " we took the
pen, and dictated the terms we chose to grant." In both cases, the
honors of a pillage, or an absolute submission to the term i)roposed,
in their plain and literal meaning, was the only alternative presented

II, in to sIjow byj

to the lu'sic^ed ; they cliose the last, esciipeil the horrors, and it is
jiiot for ministers oi' statesmen of the present day to sereen their own
liuijdoiiift", as if they were the inevitable rcsidtsof General Amherst's
[capitulation ; for upon ///^.v« esperh:' imhits he tvas particiiJarhf
[firm a)id ifunrdod. The truth is, and it cannot be denied, that all
these consequences and difficulties have followed from a line of
policy adopted four years after the cession of the colony bv France,
and tlie origin of them can be easily traced to that headlong folly
which ])luii^ed the nation into the first American war. Thfi
(KlijrdU'lixcmoit of Romanism, in Cdnnda, ivns to he a bridle hi
tkejaws of British freemen, and Stamp Acts, &c. Sec. were to be
forced down their throats by the aid of French bayonets. Into
this, however, I shall not enter ; suffice it to have paved the way
for the. document of the citizens of Montreal, by shewing thac the
ostensible ground for their oppression is opposed to fact, and that
it is based upon a system of political chicanery and anti-christian
compromise, which, if there betruth in scripture, (as I told a leading
Minister about 14 years ago,) can only end in the utter subversion
of British power : whether I was right or wrong, you know, and
so does he woMJ. "Thou hast been in Eden, the garden of God ;
thou wast the anointed Cherub : thou wast upon the holy mountain
of God ; but thou hast sinned, and I will destroy thee, O covering
Cherub, from amidst of the stones of fire; thine heart was lifted
up because of thy beauty, and I will bring thee to ashes upon the
earth, in tlve sight of all that behold thee." — Ezek. xxviii. 3-19.
The Montreal dociuTient I will send you, without furtlier comment,
as soon as it is returned to me.

I remain your obliged and faithful servant,

W. J. D. W.
Beacon Grange, March 13, 1840.

CHURCH ROBBERY IN CANADA.

TO THE EDITOR OF THE NEWCASTLE .JOURNAL.— No. 5.

Sir, — Allow vne to send you the following extract from the
5th Report of the Canada Commissioners, dated Quebec, Oct,
24th, 183tt, as further explanatory of the statement of the Montreal
Merchants, inserted in your last.

(Pages 14r)-C.)
12.- " The treaty of peace, concluded on the lOth of February, 17C3, empow-
ered subjects of France who niiglit not be disposed to remain in Canada, under the
dominion of England, to remove from thov-^ountryjand sell their properly, j^rorided
it were to British subjects, and within eighteen months."

Ps^OTE. — The ecclesiastical bodies were sperijically e.vchided
by the 33rd Art. ^f the Capitulation, as clearly understood in 1774,

see 14 Geo. III. ch. 88; besides which, it could, by no reasonable
construction, be applied to proprietors actually resident in Paris.

13.—" On the 29tli of April, 17<J4, the Seminary of St. Sulpice, at Far'u,
passed a deed of gift, wliicli ceded to the Seminary of ^[ontreal, as far as by such
deed it could, all right and title whatever to the Seigneury of Montreal, and other
St. Sulpician estates in Canada."

Note. — It may be here observed, that this was months after
the property was /br/e/#crf by the conqitest ; and that it was also
in direct contravention, even of the rule of the French King, 1733,
prohibiting the Ecclesiastics in Canada, to hold lands. The Com-
missioners proceed,

" The validity of this Act has boen the subject o*" much difference of opinion.
It has been very (jenerally denied by t'e EtniUsh lawyers, who have been consulted upon
it ; by others it has been maintained. There seems little doubt that if the country
had remained under the dominion of France, no such Act could have been valid
without the ratification of the French King," (who would not have contravened
his own established rule of 1733) : " but the impossibility of that condition being
fulfilled after the conquest, at least by the King of France, has boon anjwd by some
to avoi I the effect of its omission." What an argument ! ! ** However tliis m;iy
be, it appears by a certified extract, of wliiuh M. Quiblior has furnished us a copy,
from the proceedings of the Seminary of St. Sulpice, at Paii><, that, before exe-
cuting the cession, a communication was received from the F)'ench Ambassador
at London, to the following effect : — ' My Lord Halifax, lui a (lit que quoique lo
Koi d'Angleterre se filt engaged par le traitt^ a laisser en Canada le libre exercise de
la Religion Cathorujue et Jiumaiiie, suivant i,es lois d'Auglettcrre il ne s'ensuivoit
pas que des bienfouds, situ^e en Canada, passent contiuucr d'appartenir a des
Fran9t:^s, vivants en France, et sujets du Iloi de France, Que sa Maje.stti Bcitan-
nique consent que les Pretres du Sominaire de Montreal contiuueut a en jouir,
mais sans dt^pendance du St^minaire de Paris.' "

Note. — Now, taking into consideration that this title was in
c'irect contravention of the capitulation — directly opposed to the
precise expression of the Act 14, Geo. III., — never acknowledged
m Canada — or openly af homehy Parliament — c(msidered invalid
from that day to this by British lawyers, how do these Commis-
sioners proceed.-^ It is a constituticmal rule, that " the King of
England" is hound by " the Law of Eng'andy Well .?

" Unless," say they, " the correctness of the ^.^mbassador's representation be
impugned, it follows, that the deed of gift in 1764, whatever may have been its
sufficiency, or insufficiency in point of law, was passed in conformity with what
had been stated to be the desire of tlie King of England, and that the Act of
transfer was sanctioned by his authority, as far as the exidiihj date of laic and of^iimon
seemed to allow. In 1774, the vali<Uty of the Seminary's title was questioned by
Sir James Marriot, wiio was employed by the English Government to make the
plan of a code of laws for tlie jjrovince of Quebec. He cxjjrcssod doubts of the
Seminary being legally in possession, but tlie Government did not act iqjon his
opinion."

Note. — The statement of the Censitaires will shew that the
late Chief Justice Sevvell was decidedly against the eluim ; as also
that orders were given to Lord Aylmer to try the question ; — why
he did not act upon his orders, in justice to all concerned, remains
a mystery, only, perhaps, to be explained by documents in the bu-
reaux of Papineau and O'Connell.

Now, Mr. Editor, for the information of your countrymen,
will you be kind enough to turn the picture, and enable them to
draw their own inferences. In the year 1791, the same King of

' ]^t i gf • ^ l VAv m^ mf^ y

'fmm

"3BSr,

no reasonable
ent in Paris.

lulpice, at Parist
as far as by such
itreai, and other

; months after
at it was also
1 King, 1733,
1. The Com-

rence of opinion.
1 consulted upon
at if tlie country

have been valid
avo contravened

condition being
n anjued by some
owever tliis m;iy
lislipd ua a copy,
that, before exe-
nch Ambassador
t que qnoique le

le iibre extreme de
■ il ne s'ensuivoit
appartenir a dea

5laje.st(i Bcitan-
uuent ^ en jouir,

is title was in
pposed to the
u'knowledged
derod invalid
hese Com mi s-
' the King of
?11 ?

epresentation be
ay have been its
rniity with what
that the Act of
[f hue and opinion
as questioned by
lent to make the
)d doubts of the
not act upon his

shew that the
/aim ,' as also
estion ; — why
r7ied, remains
nts in the bu-

countrymen,
I able thtm to
Eime King of

Sll

England sent a message to the legislature, calling upon them to
enable him by law to make a provision for the National Church, as
the bulwark of Protestant principle in the Canadas. Mr. Pitt and
Mr. Burke defended the proposal against the revolutionary opinions
of those eventful days, (Popery then worked under a mask,) and
by an act, sanctioned by the three constituent parts of the legisla-
ture, an arrangement was made, (known to Mr. P. Thomson under
the name " Church Reserves.") I have already given you some
information as to the intermediate time, and will therefore (for
brevity's sake) pass to the year 1819. In that year a Board was
legally incorporated for the management of these reserves ; thus
the legislature and government of that day "put their seal and sanc-
tion to the acts of their predecessors in 1791. But about 1823 a
new light was shed upon the world. Pastorini's Prophecies, &c.
(see Irish Reports of 1825,) frightened " the isle from its pro-
priety," and step after step was conceded till these very commis-
sioners, who recommend the incorporation of a society of Romanist
Priests, to enable them to fleece British merchants, and enjoy,
under the sanction of law, propertj to the amount of ^£'500,600,
which they had been enabled to raise a claim to merely by unjusti-
fiable connivance ; these very self-same commissioners, I say,
harping upon a smuggled promise given by a Popish inclined
minister in his master's name in 1764, recommend the entire sub-
version of the open and well-co?isidered acts of the same monarch
in behalf of the national faith ,• confirmed by the other two branches
of the legislature in 1791 ! and in reliance upon which 450,000
British Protestants have emigrated to the Canadas, a very great
proportion of them to escape from Popish tyranny in Ireland, and
all expecting to enjoy in their adopted country the blessings,
spiritual and civil, which used to be the glory of the mother land.

Accept, Sir, my grateful thanks for the opportunity you have
given me to speak my mind as to the iniquitous treatment of our
emigrant countrymen, and the sacrilegious robbery of the National
Church. If a comparison between the incorporation of the priests
of St. Sulpice, as described in the statement of the Censitaires
(British merchants) of Montreal, and the rf/i-m-corporation of
" the church of our fathers," manifested in Mr. Poulett Thomson's
bill of confiscation, ALREADY LAID upon the tables of the
legislature, does not rouse Britons, as one man, the glory of
Britannia has already returned to the depths '■'• of the azure main,'''
from which she sprung.

I remain your obliged and faithful servant,

W. J. D. W.
Beacon Grange, March 17, 1840.

ISfcU .™w*

SEMINARY OF ST. SULPICE.

TO HIS EXCELLENCY SIR ROBKBT SHORE MILNES, BAHT.. LIEUTENANT
GOVERNOR OF THE PROVINCE OF LOWER CANADA, &C. &C. &C.

I have been honoured with your Excellency's commands, directing
me to take into mv consideration a paper which was prepared in the year
1789 intituled " Observations and Remarks of the Attorney and Solici-
tor Generals, respecting the St. Sulpicians, at IMontreal," with another
paper, containing Answers returned by the Rev. i^lr. Roux, to some
questions which your Excellency was pleased to have put to him, in the
year IBOO, relative to the estates, commonly called the Seminary's Estates,
at IMontreal, and to report any particulars concerning those estates, which
miv have come to mv knowledge, accompanied by such observations and
remarks upon the subject matter of the above mentimied papers, as I may
think advisable for His Majesty's interest. In obedience to your Excel-
lency's commands, I have the honour to report, that I have perused and
considered attentively the papers referred to, upon which I now respect,
fully offer my sentiments to your Excellency's consideration.

The estates of the St. Sulpicians, in this province, consist of four
Fiefs or Seigniories, viz. :— the Island of ]Moutreal, containing

acres— St. Sulplce, containing acres— The Lake of

Two ftlountains, containing acres— and Bourchemin, con-

taining acres — amounting in the whole to

acres. These estates are of the yearly value of 90,000 livres, or £3,750,
and hio-hly improveable, p.re now in the possession of twenty-two Eccle-
siastics' of the Church of Rome, who call themselves St. Sulpicians, and
claim to be in law a Bodv Politic and Corporate, of which number fifteen
are emigrant priests, natives of France, who have come to tins province
since the year 1793, and the remaining seven, natives of Canada.

These facts appear to be in the scope of your Excellency's reference,
to call more particularly for the following enquiries :

1st. What is the situation of the persons claiming title to the estates
in question, and arc their pretensions founded in law ?

2d. If not, is the title of these estates vested in the Crown, and if it
is, then what are the means by which His Majesty, if he should see fit,
can enter into possession of them ? -en

Upon these several points, I propose to lay before your Excellency,
as concisely as I can, all that I conceive to be essentially necessary for
vour Excellency's information, and the support of my own opinion upon
those heads of inquiry. , .

The first inquiry is, what is the situation of the persons claiming
title to the estates in question ; and are their ])reteHsions founded in law?

It was stated in the Report of Sir James iAIarriot, Advocate General
to His Majesty, respecting a code oT laws for the Province of Quebec, in
the year 1773, and cannot, I think, be dmibted, that religious communities,
who being principals at the time of the conquest, were not inhabitants
resident in person in Canada, do not fall under the privilege of the capi-
tulation, nor come within what is termed by the civilians, the casus foederis
because they were not then the local objects, to whom, as a personal con.
sideration for ceasing their resistance and on account of their particular

I B^j^ ft M i

LIEUTKNANT
0. &C. &C.

amis, directing
red in the year
ley and Solici-
' witli another
loux, to some
;o him, in the
aary's Estates,
estates, which
servations and
ipers, as I may
to your Excel-
'e perused and
I now respect-
n.

consist of four
iiing

-The Lake of
iircheiiiin, con-
res, or £3,750,
ity-two Eccle-
lulpicians, and
number fifteen
this province
anada.
ticy's reference,

e to the estates

]!rown, and if it
should see fit,

lur Excellency,
y necessary for
n opinion upon

arsons claiming
aunded in law?
Ivocate General
B of Quebec, in
as communities,
not inhabitants
ige of the capi-
le casus foederis
a personal con-
their particular

courage or distresses, the conquerors granted terms of especial favour.
That comniunities, so situated, could not retire, according to treaty ; and
if thev could not retire, they could not take away their personal estates.
If, therefore, it be true in fact, that the estates in question were, at the
conquest, held by the individuals by whom they were then occupied, in
right of the foreign community of the Ecclesiastics of the Church of St.
Sulpice, of Paris, either in the under tenancy, or in trust for them, or by
deputation, they then necessarily fell to His iAlajesty, of whom the present
possessors must in law be intended, to hold them as Trustees for such
uses as His Majesty may be pleased to declare.

Communities (or Congregations as they are called in the Canon Law.)
were, in France, composed of different houses of secular or regular priests,
each of which had their particular Superior, but were all under the
government of one head; every Congregation or Community of secular
Ecclesiastics, in particular (of which description was the Congregation or
(Community of the St. Sulpicians,) had their Superior General. I beg
leave, also," to premise, that bv the law of France, no Congregation could,
without the authority of the 'Crown, alienate or transfer their estates or
effects, nor could such Societies, from the nature of them, be devisable,
and, therefore, one part of the same Congregation could not transfer to
another part. These principles, which are stated as well in the Report
of Sir James Marriot, as in the Observations and Remarks of His
Majesty's Attorney and Solicitor Generals of this Province, referred to
me "by your Excellency's order, I conceive to be unquesiionable.

The Society or Community of " the Ecclesiastics of the Church of St.
Sulpice, of Paris," usually called the Seminary of St. Sv'pice, was esta-
blished .'t Paris about the middle of the seventeenth century. There
existed also at that time in France, another Society of priests and laymen,
associated for the purpose of converting the natives of New France, or
Canada, to the Christian Faith, to whom the Company of New France,
who then held the whole of Canada of the Crown, had, in the year 1640,
made a grant of the Island of Montreal, to be held by them on Fief This
Society for the conversion of the Indians, had made some improvements
upo: the Island of IVIontreal, but in the year 1663, conceiving that the
great object of their Association would be better effected by the Eccle-
siastics of the Community or Seminary of St. Sulpice, who had before
sent zoalous missionaries to the Colony, they executed to them— -thatis to
the Seminary of St, Sulpice, of Paris, a donation, or deed, or gift of the
whole Island of Montreal, subject to one condition, among others, which
is expressed in these remarkable words :— " Que le domaine el propriete
de la dite Isle sera inseparahhmcnt iini au dit Seminaire sans en pouvoir
etre scpare pour quelquc cause ct occasion que cc soil."

It must be noticed, that, at this time, there was not any section or
division of Saint Sulpicians established in Canada, those \vho were in the
Colony being Missionaries only from the Society at Paris, who, upon
acquiring the Island of IMontreal, and not before, formed the resolution of
establishing a branch of their House, or Community, at Montreal, under
the title of the Seminary of IMontreal, and, for this purpose in the year
1667, by memorial to his most Christian Majesty, they stated the above
niention'ed donation, the success which had hitherto attended the Priests,
Avho had been sent to Canada by them as IMissionaries, and their further
intention of increasing the number of Priests in the Colony to fourteen,

an*

fraying that FUs Majesty would be pleased to grant to them Letters
'atent to enable them to liold the Island «»f Montreal in mortmain, and
give them an authority to create a Seminary at IMontreal, and to constitute
the Priests whom they should send over, and their successors, a Commu-
nity, which His Majesty was pleased to do, by Letters of the month of
May, 1667, i" the following woids — " Les Ecclesiastiques du Seminaire
de St. Sulpice du Fauxbourg St. Germain, Paris, nous ont remontre que,
&c. Nous leurs avons permis et perniettons par ces presentes signees de
notre main d'eriger une Communaute et Seminaire d'Ecclesiastiques dans
la dite Isle de Montreal, &c. Et pour d'aiitant plus faciliter la d'te
Etablissement, nous avons loue agre et approuve louons, agxeeons et
approuvons la dile donation portee par le Contrat du dit jour neuvieme de
Mars, mil sept cent soixante trois, cy attache sous le contrescpi de notre
Chancellerie, et de notre plus ample grace, nous avons amort* amor tissons
a perpetuit^ la dite terre et Seigneurie de INIontreal comme a Dieu ded
ee et consacree, voulons quelle soit unie a perpetuite a leur Societe ; sans
pouvoir etre obligee ni hypothequ^e ni alienee par aucun d'entreux en
particulier, pour quelque cause et raison que ce soit pour enjouir jmr eux
ct leurs Successeurs du dit Seminaire et Communaute."

I cannot say whether the Seminary of St. Sulpice, under the authority
given by these Letters Patent, did, by any Act, erect the Seminary of
Jlontreal, and declare its members a community, or not. If they did not,
there is no such Seminary, for the power to erect is given to the Society
nt Paris, and if nuver exercised, was in abeyance at the conquest, and if
they did, they would not exceed the authority given. The Royal Letters
'Patent above-mentioned were certainly enregistered in the Superior
Council of Quebec, on the 27th September, 1677. and the preamble to
the Act of enregisteration is in these words : — " Vu la requete presentee
par Messire Francois Lefevre, I'un des Prctrcs du Seminaire de St. Sul-
pice de Paris, Seigneurs de I' Isle de Montreal, et Superiour du Semi-
naire du dit Montreal, tendante a ce qu'il plaise au Conseil entretenir les
Lettres d'etablissement d'un Seminaire d'Ecclesiastiques dans I'lsle de
Montreal, dependante de celui de St. Sulpice" &c.

From what has been cited, it appears certain that the Seminary of
Montreal was no more than a subordinate branch — a dependent section of
the Society of St. Sulpice of Paris, and that the priests of the Seminary
of Montreal, being, in fact, members of the Society of Paris, as such, and
as such only, possessed the estates in question, not in their own right, as
distinct from that of the Seminary of St. Sulpice of Paris, but in right of
the entire Society, as deputed agents for the whole, which is confirmed by
the deeds of concession, leases, &c. made by the Seminary of Montreal,
prior to the conquest, in which the authority under which they convey
is generally set forth, and they are stated to be — " fondez de la procura-
tion et procureurs de IMessrs. les Ecclesiastiques du Seminaire de Saint
Sulpice a Paris." Very many instances of this might be cited, but I shall
produce bu*; two The first is of the 3d November, 1693, in these words
— " Nous Francois Dollier de Capon, des Pretres du Seminaire de St.
Sulpice, de Paris, Superieur de Messeieurs les Ecclesiastiques du Semi-
naire de cette ville, de ville Marie en I'lsle de Montreal, and Procureur
de Messire Louis Trouqov, Pretre et Superieur de Messieurs les Ecclesias-
tiques du dit Seminaire de St. Sulpice de Paris, Seigneurs et Proprietaires
de la dite Isle de Montreal ct licux en depcndats, assis e de INIessire Maurice

them Letters
mortmain, and
id to constitute
)rs, a Conimu-
■ the month of
du Seminaire
remontre que,
ites signees de
siustiques dans
aciliter la d'te
3, agieeons et
ir neuvieme de
resc{»i de notre
rt» amor tissons
me a Dieu ded
• Societe ; sans
1 d'entreux en
•njouir par eux

r the authority
le Seminary of
f they did not,
I to the Society
mquest, and if
! Royal Letters
the Superior
he preamble to
|uete presentee
ire de St. SuL
riour du Semi-
1 entretenir les
i dans risle de

be Seminary of
ident section of
f the Seminary
is, as such, and
' own right, as

but in right of
is confirmed by
•y of Montreal,
h they convey

de la procura-
laire de Saint
ted, but I shall

in these words
minaire de St.
iques du Semi-

and Procurevr
"s les Ecclesias-
H Proprietaires
[essire Maurice

Quere aussi un dcs Pretrcs du dit Seminaire de St. Sulpice, Q5conome
et Secretaire de mesuit Sieurs les Seigneurs, &c. &c. The second is of
the 19th of October, 1740, as follows — "Pardevant les Notairies Royaux
de la Jurisdic^tio.i Royale de Montreal y residants soussign^s, fut present
Messire Louis Norman, I'un de Pretres du Seminaire de Sainte Sulpice
de Paris, Snperieur des Messieurs les Ecclesiastiques du dit Seminaire
etabli en cette ville, procureur de Messire Jean Baptiste le Couturieu,-,
Prelre, Docteur de Sarbonne Supcrie.ur de Messieures les Ecclesiastiques
du dit Seminaire de St. Sulpice de Paris de Seigneurs de I' Isle de Motu
treat, ^'c. c^-c." If there can be any ambiguity in any of the above
extracts, it is elucidated by the general principles before laid down, and

f»ut beyond dispute by the expressions used in many Royal Acts of Legis-
ation concerning the Seminary of Montreal, in which that Seminary is
in no instance named as a distinct establishment ; on the contrary, the
edict of March, 1663, for erecting a Court of Royal Jurisdiction at Mon-
treal, considers the members of the Seminary of St. Sulpice at Paris, and
those of Montreal, as forming one Society, and speaks - the latter, in
clear terms, as a dependent creation belonging to the former — " Les dits
Ecclesiastics du Seminaire de St. Sulpice de notre bonne ville de Paris,"
says his Majesty, " s'etant reunis entierement a nous et nous avant fait
supplies de vouloir les indemniser des emoluments qu'ils e irent de I'ex-
ercise de la justice qui font une partie considerable de leur Seminaire en
la dite Isle de Montreal, &c. ;'" and afterwards in the same edict — " Et
atin que les Ecclesiastiques du Seminaire de Saint Sulpice, atablis dans la
dite Isle ne recoiveut aucun prejudice, &c." So also, in the edict of
July, 1714, respecting the right of holding certain Courts of Justice in
the Island of INIontreal, &c. which the Crown had resumed, no mention
whatever is made of the Seminary of Montreal, and the Ecclesiastics
of the Society of St. Sulpice are considered as solely instructed, as a])pears
from the following expressions : — " Les Ecclesiastiques du Seminaire de
Saint Sulpice nous ont representee que, &c., et pour indemn ser les dits
Ecclesiastiques et leur procureur des avantages qui puissent contribuer a
leur etablissement, &c., a ces causes et autres a ce nous niouvant, nous
avons par ces presentes sign^ de notre main dit et declar^, disons et de-
clarons n'avoir entendu comprendre dans notre Edit du mois de Mars,
1693, la basse Justice de I'lsle de Montreal, que nous voulons demeurer
reservjle dans toute I'entendue de la dite Isle aux dits Ecclesiastiques du
Seminartj de St. Sulpice, qui pourront la faire exercer par tels Officiers
que bon leur semblera, &c. Nous avons r.ussi accorde' et accordons aiix
dits Ecclesiastiques du Seminaire de St. Sulpice les Droits Seigneuriaux
diis par tons les habitans pour les exchanges des terres et heritages, de
feur dite Scigneurie de le dite Isle de Montreal et Cole de St. Sulpice, <^-c."
And in the last Act of the French Government, extant upon the
subject, being an Arret of the Conscil d'Etat du Roi of the 5th May,
I7I6, the property of the Island of Montreal is still more explicitly de-
clared to be vested in the Seminary of Saint Sulpice of Paris. " Vu par
le Roi," (says this Arret,) "etant en son Conseil, la requette presentee par
les Ecclesiastiques du Seminaire de St. Sulpice de Paris, Seigneurs de
risk de Montreal, Terre on Cote St. Sulpice en Canada, leur apparten-
ances et de])endance8, &c., Sa Majeste' a ordonn^ et ordonne que sur les
demandes des Eccle,ua.<stiqncs du Seminaire de St. Sulpice afin de reunion
a leur Seigneurie, &c."

To the extracts from the public Legislative Acts of the Crown of
of which (vidcncH the Le'ters Patent (.f July, 1/14, and the

lr%: C;:;s Jd-E^ZrM^Snem) constitute ^^ ^^b^^^;;;^
title for the Cote de St. Sulpice, as appears from the f«"lty.^"^,/'«";'^f^
rendered by the Seminary of Montreal to His Excellency Sir Frederick

H Sandal the year 1781, which I shall ^i';- «-f ^^ '* J'^^/f'mh
mrticularlv, and to what I have cited from the Deed of Gift of the 9th
of March, -1 763, by which the Seminary of St. Sulpice ac luii^d the Island
of Montreal, I will add, in further proof of the fact which I am now
endeavouring to establish, (namely, that the Seminary of Montreal was
no more than an integral part of the House of St. Su pice of Paris) some
extracts from the Deeds and Conveyances under which the remaining es-
tates of the Lake of the Two Mountains and Bourchomin are now claimed.

The original grant of the Seigneurie of the Lake of the Two Moun-
tains by the Marquis of Vaudreuil, Governor, and the Chevalier de Be
gon. Intendant of New France, of the 17th October 1717, grants that
Fief " aux Ecclesiastiques etablis a Montreal," and by the Roya! ratifica-
tion of this grant by Letters Patent of the 27th April 1718, this is
declared to be a grant to the House or Seminary of St. ^nlpice at Paris.
The words of these Letters Patent are as follows .— ' Le Koy etant u
Paris, et desirant traiter favorablement Ics Ecclesiastiques du bcmmairc
de St. Sulpice cslahUs a Paris, desquels dependent ceux du Semuuare de
SI. Sulpice ctahUs a Montreal, a qui les Sieurs de Vaudreui et Begon,
(iouverner.r et Lieutenant General et Intendant en la Nouvelle trance,
ont accord J par concession du 17 Octobre, 1717, "" terrain de trois lieux
et demi, &c., a doune et concede par le present Breyet ««a- hcclesias.
liqiies du Scmiuaire de Si. Sulpice, etablis a Vans le dit terrem, dfc.

In September 1733, a second grant of a tract of land, adjoining to
the Fief of the Lake of the Two Mountains, was made by tbe Marquis
de Beauharnois, Governor, and Hocquart, Intendant of Canada aux
Ecclesiastiques du Seminaire de St. Sulpice de Paris, as an augmentaUon
to that Fief, and in the Royal Letters of Ratihcation of March, J/.io,
His Most Christian IVIaiesty, after confirming this grant generally, takes
occasion ..gain to declare "that the first grant of the Seigneurie ot the -Lake
of the Two Mountains, as well as the last augmentation, belonged to the
Seminary of St. Sulpice of Paris, to whom he thereby grants a turther
augmentation of three leagues in depth, and confirms and limits the whole |
to them by these words— ^" Sa INIajest*-^ njoute trois lieu d eteiidue sur la
profoHdeur, si la dite etendue se trouve libre, dont il fan pa7-eille7nent don
et concession aux dits Ecclesiastique, de St. Sulpice de I arts qui les
possedprout en toufe propriete et Seigneurie amsi qiielancien terrem, et in
dite premere concession." . . ,

As to the Seigneurie of Bourchemin. it was expressly given and
conveyed by Pierre Normand Dosquet, Bishop of Samos and Coadjutor
t<» the Bishop of Quebec—" a Messieurs les Ecclesiastiques aggregc^au
Corps du Seminaire de St. Sulpice A Paris, c^i acc^vtnnt pour eux Me,
Louis Normand, Superieur du Seminaire en la Vtlle de Montreal. --iMi>
extract is made from the Act of Donation, passed before Barbel, notary,
at Quebec, the 19th of October, 1735, by which it was c-.nveyed t^ them.
The next extract which I shall offer is from a Deed of Cession,
executed by and between the Seminaire of St. Sul])ice, of Pans, and the
Seminary of Montrcd, on the 29th of April, 1764, John C ousturier with

others, 1
latter.

Sulpice

which il

ceeds tc

occasioi

His Bi

colonist

the Col

pain of

poses oi

price ;

to the {

held in

and tra

of Mon

and on I

naiy of

of St.

held t]

were, i

Semini

upon t

not tr(

sion by

that sc

to His

treal, 1

questi(

nary (

severa

the esl

to the

Fiefs (

siastiq

faite p

Paris

cellem

conqu

Sulpi(

in th(

reside

St. Si

and il

estate

nients

which

and S

remar

if the Crown of
y, 1714, and the
le only existing
iilty and homage
y Sir F'rederick
li to notice more
F Gift of the 9th
[uired the Island
which I am now
if Montreal was
;e of Paris) some
he remaining es-
are now claimed,
the Two Monn-
niievalier de Be-
[717j grants that
le Roya! ratifica-
ril, 17J8, thisis
julpice at Paris.
Le Roy etant u
',es du Seininairc
dii Scminaire de
idreuil et Begon,
Sfouvelle France,
ain de trois Heux
, anx Eccksias-
lil tcrrein, Sfc,"
and, adjoining to
: by the Marquis

of Canada, anx
an augmentation
of March, 1735,
t generally, takes
eurie of the Lake
1, belonged to the
' grants a further
J limits the whole

d'etendue sur la
r pai-ciUcment don
de Paris qtd les
,cien terreln, et la

)resslv given and
OS an'd "Coadjutor
iqiies aggreges au
;ant pour eiix Me,
Montreal"— This
f Barbel, Notary,
c<»nveyed to them.
Deed of Cession,
of Paris, and the
n Cousturier with

others, being parties for the former, and Stephen INIontgolfier alone for the

latter.

This Deed recites th^ several titles of the Ecclesiastiques of St.
Sulpict, of Paris, to the several estates in Canada now in question, of
which it states that t/icy were the undoubted proprietors. It then pro.
ceeds to declare the embarrassment which the conquest of Canada had
occasioned, that it was impossible for them to keep the property, because
His Bi tannic Majesty had been pleased to declare that all foreigners and
colonists, proprietors of estates lying in Canada, who would not remam in
the Colony as his subjects, should alienate what they possessed, under the
i)ain of confiscation, that to sell them to individuals was to defeat the pur-
noses of their institution, and, if sold they would fetch but a very small
price • that, therefore, in this dilemma, the best course was to relinquish
to the Seminary of aiontreal all the right, title, and interest which they
held in the property, and accordingly they did thereby cede and abandon
and transfer to the Seminary of IMontreal, the Seigneuries of the Island
of Montreal and Cote de St. Sulpice, the Lake of the Two Mountains,
and one moiety of the Seigneurie of Bourchemin, to be held by the Semi-
nary of IMontreal as their property, in the same manner as the Seminary
of St. Sulpice had, until the Conquest, held, or of right ought to have
held them, the whole being transferred in the state 111 which they then
^vere, ivitlmd ant/ guarantee on the part of the former jjropnetors the
Seminary of St. Sulpice at Paris.

This Deed, of which I annex to^tliis Report an entire copy, appears
upon the point now under consideration, to be so conclusive that I shall
not trouble your Excellency with any further extracts. It is an admis-
sion by the parties themselves of all that 1 assert. And it is remarkable,
that so late as the year I78I, in the Act of Fealty and Homage tendered
to His Excellency Sir Frederick Haldimand by the Seminary of Mon-
treal, they do not pretend to have any right or title to the estates m
question, 'except what they derive from this conveyance from the Semi-
nary of Paris. This act of Fealty and Homage first enumerates the
several titles by which the Seminary of St. Sulpice acquired and held
the estates in question, the cession bf the 29th April, 17^4, from them
to the Seminary of aiontreal, and concludes in these words — " Les dits
Fiefs et Seigneuries etant la propriety incommutable de JMessrs les Eccle-
siastiques du Seminaire de Montreal d cause de la cession qui leur a e e
faite par Messieurs les Ljclesiastiqnes du Seminaire de St. Sulpice de
Paris le vingt-neuf Avril mil sept cent soixante quatre, rapport^ cidessus."
From the evidence which I had the honour to lay before your Ex-
cellency, it seems certain that the Seminary of IMontreal was not, at the
conquest, a body or community distinct from that of the Seminary of St.
Sulpice, of Paris, and that the Priests who composed it did not constitute
in themselves a mortmain— that the Priests of St. Sul])ice, who were
resident at ^Montreal, were merely deputed agents for the Seminary of
St. Sulpice, at Paris, (to whom all the property in question was granted,
and in whom all title thereto was vested,) and as such, administered the
estates in Canada, and this being the fact, I fully concur in the senti-
ments of Sir James Marriot, contained in his Report of the year l/7'>,
which is above referred to, and to the opinion of His Majesty's Attorney
and Solicitor Generals of this Provhice, expressed in the observations and
remarks referred to me j and am clearly of opinion, that the whole of the

estates lying in this Province, claimed by the Seminary of Montreal, are
lapsed to His Majesty by right of conquest and acquired sovereignty, as
the property of a foreign society, domiciled at Paris, and not in Canada,
at the time of the conquest. I am further clearly of opinion, that the
deed of cession, cf the 29th of April, 17^4, from the Seminary of Saint
Sulpicej of Paris, to the Seminary of Montreal, is ipso facto null and void, 1
for the estates had in fact, long before become vested in His Alajesty, the
conveyance being subsequent not only to the capitulations of Quebec and
Montreal, but to the treaty of peace of 17t)3, by which Canada was
ceded in full sovereiiriity to the Crown of Great Britain, and it is there-
fore perhajjs unnece"ssary to add, that the Seminary of Paris at that time,
had not only no property in the estates which they undertook to convey,
but had not in law any right or authority whatever to transfer them,
especially to the Seminary of Montreal, who, not being a district commu-
nity, but a section only of the Seminary or community of the ecclesiastics
of the Church of St.'Sulpice, of Paris, had not, therefore, in themselves
alone, any legal capacity whatever, to take and hold estates in mortmain.

But' even supposing the Priests of Saint Sulpice, composing the
Seminary of iNIontreal at the conquest, really were entitled at that time
to and enjoy their own right, the estates belonging to the Seminary of St.
Sulpice, 'in Canada, 1 cannot conceive that this right could possibly be
extended beyond the term of their natural lives, and as all who were living
at the conquest are now dead, the Order of St. Sulpice, quoad Canada,
must, I think, have expired with them. For the Seminary of iAIontreal
possessed no power to create Priests of St. Sulpice ; and those, therefore,
who are now in possession, whether subjects or aliens by birth, if they be
ecclesiastics of the Church of St. Sulpice at all, (of which we can have no
proof,) must have become such under some foreign authority, and the
right of any foreign authority to qualify members to hold real property in
any British dominion, cannot, in my opinion, be admitted or recognized
for a moment, especially in ecclesiastical matters.

I am therefore further of opinion, that if the Priests of St. Sulpice,
resident at the conquest in Canada, were, in fact, at that time, under the
nane of the Seminary of Montreal a body corporate, capable of holding real
estate in mortmain, that such body corpo'-ite, has been long since dissolved
by the natural deaths of its menibers, and consequently, that the estates
in question have thereby reverted to His JMajesty their right and lawful heir.

I cannot leave this part of the subject without recalling to the recol-
lection of your Excellency, tliat jMr. Roux and the other French emigrant
Priests of St. Sulpice, now in possession of the estates in Montreal,
obtained from His Majesty in the year 179'}, a mandamus directing
Letters Patent to issue under the G-eat Seal of Lower Canada, declaring
them denizens within the limits of t'le Province. — It may become a ques-
tion whether they have any legal rghts whatever under this partial and
local denization, but certain I am that it does not enable them, either as
individuals or as members of a corporation, to hold real estate in this Colony.
By our law, aliens have commmnonem jurisgentium, but not juris civilis,
and, therefore, nothing short of complete naturalization can enable them
to hold immoveable or real property.

As to the means by which His Majesty, if he shall see fit, can enter
into the possession of the estates which are the subject of this report,
there is on this point very little difficulty.

K.,e Seminary ,>f ^^-^^i::::^;^:^^^^^^.
,,„lv corp<.rate, .t 'V'^y' l'^''^'^ 1 . f f , /o ' am/»/o against the person*
by an infoimation in the natu e 'f/ '/""""'' '"^'r^te and upon obtain-
,v\.o nrnv claiu> to be consulered as tliat b- Y ^^ JJ^*^^^ ,, j,, .i.^i.^d, to
ing a judgment against them, .^^f '^""S;; ^: ';'' f .J i,h all the estates are
enable the Sheriff in the district of ^^^^f ^^^^ji'/^^^ ^i.jesty, by Com- .
situate, to ,^»ter uponthem for jd onbeu^^^^^^^

^Zm^A :^:n i^^JisSi::^ :f ih^^er ^ Jes^ts, by the natural

IS fSe lasf surviviiig "-^-^f ^^^^^ ^lirS^is M^esty. a civil

A second means is to institute m t^'«'^' '"''."' "^teg-'by" name as

action against the ^-'^M;- ests w k> i.o^^^^^^^^^^^^^^^ ^y_^.^„ ^,

equivalent to the English ^^f J;^'" f .'•J^,;'";,'"*;„hibit the admission of any

A third means is, (or Ilis J^^"f ^Ynutrevl from whence suppression

new members into the Seminary «f ^^\«" J^^^j/Sesty's right to do so,

and dissolution will follow "f course and of His Jlaj^J ^^^^ ^^ ^^^^^^

if he should see tit, ^ '-^-^^^'^^trifra pow^r to the establish.

SXn^:£ ci:^itl^: r:S:gf5otr|eady established, and
;Swere originally founded.undertie^R^^^^^^^^^ ^, ,,^

A fourth means is, an amicable ^"^"Sf'XwTe" ecial v the aliens.
Seminary of Montreal, inducing ^^'^"^ *«;;>^'^^;;^; ^r^Son^ life, from
natives of France.) upon an assurance of a proper provisio

the revenues of the estates. T„,„priai Parliament, declaring that

A fifth means -' ^^ ^.^ ^^ *Jf,, "^ e ccinquest, and are nowhis

the estates were ^^^^^^f, " "^^JS^ in possession, such pensions

^o^\tntrer^x";u^^^^^^^^ «^^" ^-^

^''^^And I am of opinion that either of the means wiH^-^^^^^^^^^^^ gx-
AH which, nevertheless, IS mosrespec^^^^^^^^^^ ^„,

cellency^ great wisdom, by Sir, your J^xceuenty
most humble servant, j^ SEWELL,

Attorney-General, Lower Canada.

Quebec, July 2nd, 1804.

REMARKS ON THE PROPOSED ORDINANCE TO ERECT
ENDOW AN ECCLESIASTICAL CORPORATION IN
THE PROVINCE OF LOWER CANADA.

AND

The Ecclesipstics of the Seminary of St. Sulpice of Montreal are In

. possession of certain Estates, their title to which is disputed, and the

intent of the proposed Ordinance is to confirm their title to those estates,

and to constitute and declare them to be a Body Corporate and

Ecclesiastical.

The points first to be considered, are the respective claims of the
Seminary and of other parties, to understand how far it may be equitable
and expedient to use the power and authority of Parliament to set aside
iheordi^tary course of law, and to extinguish the rights of those who deny
and contest the Seminary's title.

It is known to several persons in the Province, that the question as
to the Seminary's title was submitted to the Crown Lawyers, and in con-
sequence of their opinion being adverse to the Seminary, instructions were
sent by the Administration of that day to Lord Alymer, to require the
surrender of the property to the Govenmient, and, in the event of a
refusal, to institute legal proceedings for its recovery. The public are yet
in ignorance why Lord Aylmer neglected to act upon those instructions.
The subject again underwent examination before the Royal Commis-
sioners, and after a long and patient investigation, the Earl of Gosford,
Sir Charles Grey, and Sir George Gipps, were unanimously of opinion
(although differing on most other subjects) that the Seminary had no legal
claim to the Estates held by it, and their Report to the Government was
framed accordingly.

These circumstances afford as strong proof as can well be obtained,
short of a decision in the Courts of Law, against the Seminary's title ;
and it is not the fault of the Censiiaires that a legal decision was not
obtained long ago. The question was brought before the Courts of Law
in this Province, with the intention of carrying it by a final appeal to
England ; but, upon its being argued before the Courts of Appeal at
Quejjec, the Judges in Appeal professed themselves to be divided in
opinion, and no judgment could be obtained ; the effect of which was to
stay the proceedings. It is not meant to attribute any improper bias to
ihe Members of that Court, but it is, nevertheless, certain, that the most
ingeni(M)» advocate of the Semini-ry's cause could have devised no more
effectual plan for defeating the ends of justice. It was well understood,
that the Provincial Court of Appeals was only resorted to in this case as
an intermediate tribunal, before which it was necessary to appear, in
order to give the parties a right to carry the case before the King in
Council, the Court of last resort. The decision of the Court at Quebec
was, tiierefore, comj)aratively unimportant, whether for or against the
Censitaircs, but by refusing to render a judgment, the Censiiaires were
prevented appealing to England, which can only be done after a judgment
has been rendered in the Provincial Court of" Appeals. The 'Court of
Appeals, at Quebec, is composed in part of the Judges, but the majority
sit there m their capacity of Executive Councillors, and it is bv no means
disrespectful to the Honourable Gentlemen who constitute that majority,
to aflirm, that their opinion on any intricate point of law is not held in

'"%.«'aBi

:rect and

[ IN

ntreul are In
ted, and the
those estates,
>rporate and

ilaims of the
be equitable
to set aside

ose who deny

e question as
, and in con-
'uctions were
) require the
3 event of a
ublic are yet
instructions,
yal Commis-
1 of Gosford,
y of opinion
had no legal
!rnment was

be obtained,
lary's title ;
ion was not
irts of Law
d appeal to
' Appeal at

divided in
hich was to
•oper bias to
lat the most
sed no more
understood,
this case as

appear, in
he King in
t at Quebec
against the
taires were
a judgment
le Court of
he majority
)y no means
It majority,
lot held in

creat respect, when opjwsed to the learning and research of those whose
talents and acquirements have raised then to the highest judicial station
in the Province. The legal merits of the case, as heard in the Court of
Appeals, must be estimated, not by the comparative numbers on one side
or the other, but by contrasting the professional knowledge and experience
of the INIembers of the Court who were present and voted. The Pre-
sidinL' Judge, the late Chief Justice Sewell, maintained the righ<; ot the
Censiiaire^m the case, which is, in itself, a strong presumptive proof
that the Seminary's title is defective. . p , r

The Imperial Government being in possession of these facts, cannot

defend the improvident grant to the St. Sulpicians, which is ccmlemplated,

bv admitting rights as belonging to that communitv, which, after a tuU

."a impartial investigation, have been formally challenged and denied by

the Law Officers of the Crown and by the Commissioners of Inquiry.

The case is as yet, however, but partially disclosed, and in order to
comprehend the full measure of injustice which the propos,ed Government
arrangement would impose on the Censilnires, it is necessary to examine
the stipulations entered into by a Royal Proclamation, favourable to the
English inhabitants, and the power of the Crown to carry those stipula-
tions into effect. „ . . , , ^.v

When Montreal surrendered to the British arms, there were three
Eeclesiastical Communities established in the city, viz.: the Jesuits,
RecoUets, and the St Sulpicians, all of whom were, by the articles ot
capitulation, admitted to equal terms. The St. Sulpicians are not men-
tioned, except in conjunction with the other communities, nor is there any
stipulation favourable to one of those bodies, which does not equally apply
to all of them. The French demanded that these Ecclesiastical Commu-
nities should be preserved in their constitution and privileges, which

was refused. . . ^ a

In the treaty of cession, the Religious Communities are not nanied,
and the only guarantees are, the liberty of the Roman Catholic religion
as far as the laws of Great Britain permit, and leave totheJ^rench
inhabitants to sell their estates, and retire from the Colony.

" The liberty of the Catholic religion, as far as tne laws of Great
Britain permit," may be enjoyed to its fullest extent, without the estab-
lishment or endowment of these Ecclesiastical Corporations, and the
refusal to continue them in their constitution and privileges, by the articles
of capitulation, was a positive and distinct refusal to allow those Corpora-
tions to remain in the Colony, and was so considered, and so acted upon,
in regard to the Jesuits and Recollets. In neither of those cases were the
Communities violently dispossessed of their estates, but by refusing them
permission to add to their numbers, the Communities gradually became
extinct, and on the death of the last survivor, the property was taken by
the Crown. It is difficult \o imagine why the same course was not taken
with the St. Sulmcians. who had, in no respect, superior rights to the other
Communities, and the extinction of whose feudal privileges was more
desirable, inasmuch as they extended over a more valuable territory and
interfered materially with the growth and advancement of the chiet com--
mercial town of the Province. Such, however, was not the case, and
while the terms of the capitulation were adhered to, in respect to the
Jesuits and Recollets, the Ministers of the Crown, from time to time,
connived at th< introduction of new membcis into the order ot St. Sulpicc,

and permitted tliem u> enjoy undisturbed a Itirge and rupidly acciiniulating
revenue.

This proceeding on the part of the Goveriiinent, is directly opposed,
not only to the terms of the capitulation, but t<» the spirit, if not the very
words, of a Royal Proclamation, and an Act of t!u« Imjjerial Parliament.

The Royal Proclamation, bearing date at St. James's, the 7th October,
1763, among other assurances of favour and protection, and with a view
to the speedy settling of the Colony, declares it to be the Royal intenti( :i,
*' to settle aiid agree with the iiiliid)itants of (Hir .said new colonies, or any
other person who shall re.sort thereto, for such lands, (eneincnix, and
heredilamoUs, as are now, or /icrcfij'fcr shall he, in our power to dispose of,
and them to grant to any such person or [.ersfuis, upon such terms, and
under such moderate quit-rents, services, and acknowledgments, as have
been appointed and settled in other Col(»nies."

It does not belong to a brief outline of the case, such as this is intended
to be, to enter upon a discussion as to the legal meaning of the terms used
in the Royal Proclamation ; it may not be out of ])lace, nevertheless, to
observe, that it would be diHicult to designate any " lands, tenements,
and hereditaments," which " shall hereaftei be in our power to dispose
of," of suHicient value to occupy His IMaje.sty s intention, as att'ecting
the general intere.sts of the Colony, unless the " lands, tenements, and
hereditaments," then possessed by the Religious Communities, were in-
tended to be referred to. The estates held by those Cimimunities were
indeed of great magnitudv com])reliendiiig the lordship or superiority over
the City of Montreal, a part of the City of Quebec, a..d several Seigniories,
forming a large part of the most valuable lands within the Colony ; and
it was, undoubtedly, a matter of deep import to a c«Misiderable number of
the anciejit inhabitants of the Province, and also to those of His ^Majesty's
subjects who were invited by the Proclamation, " t(» avail themselves with
all convenient sjjeed of the great benefits and advantages which mu.st
accrue therefrom to their commerce, manufactures, and navigation," to
understand what were His IMajesty's intentions in respect to th(»se exten-
sive estate? which, by the conquest and cession of the Colony, had fallen
to the Crown. The feudal rights enforced within those estates, and
especially in the Cities, were highly injurious to " commerce, manufac-
tures," and consequently to " navigaticm," and it is submitted, that n(»
other reasonable interpretati«»n can be given to the Royal Proclamation,
than, that it was His Majesty's gracious intention to encourage the
** speedy settling" of the country, and to promote its " commerce, manu-
factures, and navigation," by renouncing the oppressive usages and inci-
dents of the feudal law in the extensive estates which *' shall hereafter
he in our power to dis])use of," and to settle and agree with the ('cusitdire.s,
on " such moderate quit-rents, services, and acknowledgments, as have
been appointed and settled in other Colonies."

This interpretation of the Proclamation is further supported by the
large and favourable construction, which, by custom, is always affixed to
every Royal promise of grace and favour ; and the rents and profits arising
from the estates were not, at the period of which we are sj)eakiiig, of such
value as to render the boon which it was pro))osed to best(»w on the
(Jetisitaires, an object of much importance to the Government in a pecu-
niary point of view. The large sums of money which have been collected
by the Jst. Sulpicians, and the immense revenues which it is hi contemplation

iicci I mil luting

BCtly opposed,
f not the very
Parliament,
e 7tli t)ctolK'r,
d with n view
»yal inteiiti( :i,
lonies, or any
; lie men Is, and
<• to (lis post of,
ch terms, and
lents, as have

his is intended
he terms used
ivertheless, to
8, tenements,
wer to dispose
1, as art'ectin^
L'nemeiits, and
ties, were in-
muni ties were
ineriority over
■al Seigniories,
■ Coh)ny ; and
l)le number of
1 1 is IVIajesty's
lemselves with
8 which must
navigation," to

th(»se exten-
)ny, had fallen
B estates, and
^rce, manufac-
litted, that no

Proclamation,
encourage the
imerce, manu-
sages and inci-
■^liall hereafter
he Cciisildires,
iients, as have

iported by the
vays aHixed to

1 profits arising
diking, of such
best(»w on the
;nt in a necu-

been collected
I contemplation

to confer on theni, have been chiefly created by, and are proposed to
be drawn from, the industry, enterprize, and capital of the iidiabitants of
the Colony of Hritish and Irish descent, who were invited to settle in the
Colony by the K<»>rtl Proclamation, and to whom the promises in that
document, it is reasonable to supjjose, were intended more especially to
apply ; as without those assurances it could hardly have been expected,
tiiut any considerable number of His Majesty's native born subjects would
settle in a Colony where the laws and feudal exactions of a despotic
Government would continue to be enforced.

The intention and ])olicy of the Government in regard to these
estates, was again distinctly announced in an Act of the Imperial Parlia-
ment, 14th Geo. III. cap. <{3, wliereiu it is provided, " That all His
IVIajesty's Canadian subjects within the Province of Quebec, the religiotis
orders and eoiinnunities ohIi/ excepled^ may hold and enjoy their property
and possessions "

Notwithstanding these public and authentic acts, \n opposition to the
articles of cajiitulation, in violation of the Royal promise, and agaip>,t the
spirit and Mitent of an Act of the Imperial Parliament, the St. Sulpicians
have been permitted, until the present day, to enjoy the rents, profits, and
feudal rights of their pro])erty and possessi(»iis, and that, too, not in virtue
of a Httyal or Parliamentary grant, br.t sim])ly, as has already been shown,
by the connivance of tlie Ministers of the Crown ; who have thus, by indi-
rect means, counteracted the effect of a Royal promise and an Act of the
Imperial Parliament, maintained the St. Sulpicians in the exercise of their
constituti(»n and privileges, which had been denied t(» them at the capitula-
tion, and virtually erected an ecclesiastical corporation within the Colony,
with powers, and for purjioses, such as it is believed nc authority, excejit
the Impeiial Parliament, can rightfully bestow. It should also be liorne in
mind, that the ()]iinions and Rej>ort, ofhcially coiuiminicated to the
(iovernment, were to the effect that the St. Sulpicians wrongfully possessed
the estates, and Ciuikl be dispossessed by the ordinary forms of law, with-
out having recourse to the Royal authority for their gradual suppression,
as had been exercised towards the Jesi'its and Ilecollets.

In this situation of affairs, an Ordinance has been submitted to the
Special Council of Lower Canada, by authority of the Government, " to
Jneorporate the Keelesiastics of the Seinuiari/ of St. Su/pice of Montreal,
to eon/inn their title to the Fief and Seip'iorti of the Island of Montreal,
the Fief and Seignion/ of the Lake of Two Mountains, and the Fief and
Seigniori/ of St. Snlpiee, for the gradual extinction of Seigniorial rights
and dues, and for ol her purposes,"

By this Ordinant-e, it is, among other matters, ordained and enacted,
that the said Keelesiastics shall hold and enjoy " the said several Fiefs
and Seigniories, with all and every the rights, privileges, and appurte-
iiauees thereunto respectively belonging, or in any wise ap|)ertaining,"
and, " they ari^ hereby conferred and declared good, valid, and effectual in
the Law, as /'ul/i/, in the same manner, to the same extent, and for the same
objects, intents, and purposes, as the Ecclesiastics of the Seminary of the
Fauxhonry St. (ierniaiii Lez Paris, or the Seminari/ of St. Sulpice of
Montreal, according to its constitution before the Uith day of Septcmher, in
the year ]'Jit\), or either or hot h of the .said Seminaries, might or could have
done, or had a right to do, or might or could have held, enjoyed, or applied,
the same or any part thereof previously to the last mentioned period."

The " rights and privileges" which " either or both of the said
Seminaries," could have exercised" before the 18th day of September,
1759,' while tht Colony appertained to His Most Christian Majesty,
the King of France, are not generally known, and it admits of some
doubt whether the franiers of the Ordinance were fully informed on
that head; the "objects, intents, and purposes" of the St. Sulpicians,
will be spoken of hereafter ; but the main point to be considered is,
that the landed proprietors of the City and Island of Montreal, and
other extensive estates, are to be made and ordained the vassals of
these Ecclesiastical Lords; with the privilege, it is true, of purchasing
their exemption from the " droits de cens el rentes, tods et ventes^ droit
de banalite de moulin, droit de retrait," and sundry other " rights and privi-
leges," which existed " before the 18th day of September, 1759," for all
which they are held and bound to pay a large and unequally distributed
compensation, or to remain in a state of vassalage for ever ; and the money
so raised is to be employed for the "same objects, intents, and purposes"
as the said St. Sulpicians might or could have done " previously to the 18th
day of September, 1759."

The Ordinance in question is not what it specifically professes to be,
a measure of relief to the Censitaires. It creates the right, legalizes the
exactions, and presents them as a free gift to the St. Sulpicians ; and then,
in the plenitude of Ministerial generosity, leaves to the landed proprietor
the oj)tion of jjurcl' ising his relief from the burdens it imposes, or of be-
coming a vassal of the Ecclesiastics of the Seminary of St. Sulpice.

The landed proprietors, whose rights are thus sunmiarily proposed to
be dealt with, invoke the Royal Proclamation as a protection from this
measure of injustice ; but if Royal Proclamations are to be disregarded,
still they ajjpeal to an Act of the Imperial Parliament, as a pledge of the
national faith and honour that they shall not be made the serfs of an Eccle-
siastical coii'munity. If the feudal yoke must be borne, let it, at all
events, have the impress of Royalty, for, if serfs at all, the landed proprie-
tors are the serfs of the Queen.

It has been asserted that the landed proprietors have been gainers by
the substitution of an Ecclesiastical, instead of the Royal power, as Seig~
nior ; inasmuch as theSt. Sulpicians have been in the habit of compounding
wiih the Censitaires for the Lods et Ventes, at a lower rate than that
authorized by Law. It certainly is the case, that the Seminary, holding
the estates by a defective title, and being unable to enforce its claims in a
Court of Law, has generally accepted, from the English inhabitants, a
lower mutation fine than existed, according to its " rights and privileges,"
before the 18th day of September, 1759." In some instances, one in par-
ticuhir which could be named, of a wealthy and public spirited individual
who had openly avowed his intention of resisting the claim, a compromise
was effected on the payment of a sum, trifling indeed, as compared with
the amount which a Seignior may lawfully demand. Individuals, espe-
cially among the more wealthy class, have, unquestionably, been gainers by
this mode of adjusting accjunts ; but by weakening the force of opposition',
and depriving the landed proprietors of the support and active co-opera-
tion of those who, from station and influence, ought to have taken the lead,
it has materially asisied the St. Sulpicians in their negotiations with the
Government, and enabled them to obtain the IMinisterial sanction to a
measurCj repugnant to the interests and feelings of the English inhabitants

generally,
these Seis
have unite
establish ec
lously beei
dispossess
against the
customs of
excited am.
Seminary,
demanded
purposes,
exactions ;
entitled to
twelfth par
it cannot bi
perpetuate
Crown, if t
effects.

The li
of the Semi
present per
neglect of t
for granting
The questi(
is persisted
handed ovei
" rights ant
1759 ; and
tied, becausi
last eighty j
because the
Governmeni
trary to law
It migh
to the lande(
Bonsideratioi
of the Provi
disregarded
;reat and la
the Province
A sligh
losed grant
ensible, and
nexpedient
The "ol
far, at leas
id privilege
nd instruct!
inch imporl
11 do wed in t
ie Seminar}

I of the said
if September,
;ian Majesty,
nits of some

informed on
t. Sulpicians,
considered is,
lontreal, and
he vassals of
of purchasing

venles^ droit
hts and privi-
1759/' for all
ly distributed
id the money
md purposes"
ly to the 18th

rofesses to be,
legalizes the
is ; and then,
ed proprietor
ies, or of be-
ilpice.

yr proposed to
on from this
disregarded,
pledge of the
i of an Eccle-
let it, at all
ided proprie-

en gainers by
wer, as Seig-
compounding
te than that
lary, holding
:s claims in a
ihabitants, a
d privileges,"
s, one in par-
sd individual
I compromise
npared with
iduals, espe-
?n gainers by
)f opposition,
ve co-opera-
ken the lead,
Dns with the
auction to a
1 inhabitants

generally. Had the Crown entered upon the enjoyment of its rights in
hese Seigmones. the landed proprietors, both French and English^.(m d

7lr 'I *! v'" t'""*." '"I T^ •"'^'^'"'•^ «^ '^^'^^- '^''« schools and colleges
established by the St. Sulpicians are essentially French", and it has sedu!
lously been inculcated on the French inhabitants, that any endeavours to
dispossess the Seminary of its Feudal rights, were directed, not so much
against the bt. Sulpicians, as against the language, laws, manners and
customs of the "Canadian Nation." Prejudices 'ai/d feelin"ret'""«
excited among the most numerous class of the population, in favour of the

demanded by the Crown, and the revenues employed for other and general
purposes. Considering the vexatious and oppressive character of feudal

fnS'T!' f • r'""^ *'*^^' ""'S^*' ^"'^ privileges," the Seignior is
twllif J'%'» fr»"^ every purchaser of real property a fine equal to one
tweltth part of the price, a claim. which recurs with each successive sale
it cannot be supposed that the British Government would have desired to
perpetuate such a system of taxation on the estates belonging to the
effecis"' >"»^ab,tants of all origins had joined in representin| its evil

„f *i ^^ ^'berality— or what, perhaps, might be better termed the policy—
ot the Seminary, has delayed the final settlement of the question Jntilthe
present penod ; and this delay, which has been occasioned by the culpable
neglect of the Ministers of the Crown, is now urged as a principal reason
for granting to the St. Sulpicians the legal right to continue their exaction "
Ihe question of right is rudely set aside, and if the Government measure
IS persisted in many thousands of native born British subjects will be
handed over like so many Russian serfs, to be dealt with according to the
rights and privileges," which exi.sted before the I8th day of September
i J u . monstrous and iniquitous proceeding is alleged to be justi

hed, because the wise and equitable Ministers of the Crown have, for the
last eighty years denied to the British inhabitants an act of justice, and
because the St. Sulpicians have, during that period, been permitted by the
(xovernment, to exact, from the British inhabitants, a large revenue, con-
trary to law.

f« f 1,^*1 ""f^* be supposed, that in sanctioning an act of such gross injustice
to the landed proprietors, the Government was influenced by some weighty
considerations of state policy ; that it was essential to the general interests
t the Province, that, in this instance, the rights of individuals should be
lisregarded and set at nought; and that the end aimed at, would confer a
■heProvfncr'"^ '"''^' "*" ^'^ classes of Her Majesty's subjects within
A slight inquiry as to " the objects, intents and purposes" of the pro-
osed grant will sufhce to show that, on public grounds, it is wholly inde-
nsible, and that in its general bearing on the interests of society,"it is as
nexpedient and impolitic as it is unjust.

n .7\^"«^f'=t«'/"t«nt« and purposes" of the St. Sulpicians of Montreal,
, nrf -1 '^ 'i^'V *" P"'^J>^fe concerned, according to their constitution
d privileges before the 18th day of September, 1759, are the education
d instruction of certain Indian tribes. This was, doubtless, an object of
iich importance, when tbe St. Sulpicians were first established and
idowed in the Colony ; but the few remaining Indians having a claim on
■e Seminary, are educated and instructed at so trifling an expense that

?' i

it scnrcelv merits beinj? taken into account, as comparea with the revenues
«f the Community. The surphis funds accruing to the St Sulpicians have
been expended and appropriated at their discretion. They h-ive claimed
and exercised the right to determine, at their o^vn pleasure,' the obiects.
intents and purposes" to which it should be applied, and it is generally
understood that a part of these funds has been remitted and expended ni
France and the United States. „ •

The pro'.osed Ordinance, which is advocated by some well meaning
persons, because, as they suppose, it provides for the education of the
people, contains no provision whatever for that purpose. The estates and
revenues are made over, without restriction, to the St. Sulpicians, for
the same objects, intents, and purposes as the Ecclesiastics of the Semi-
narv of the Fauxbourg Saint Germain Lez Pans, or the Seminary of St.
Sulnice of Montreal, according to its constitution, before the IHth day o
September, IToO, or eithe. or both of the said Seminaries might or could
have done, or had a ri>.,.t to do, or might or could have held, eiyoyed or
applied the same or any part thereof, previously to th. last mentioned
period." What the Seminary of Paris, or the Seminary of Montreal,
''might or could have dcme" with the revenues before the l»th ot Sep
tember, 1759, is not defined ; they might, it is true, have established
schools in this colony, but there is no official document on record, showing
that they were bound to do so, and declaring what part of their revenues
shall be' appropriated for that " object, intent, and purpose.

The estates and revenues in question are of immense value. 1 He

evidence given before the Commissioners in 1836 on this head, has rete-

rence only to the Fief and Seigniory of the Island of Montreal, no estimate

bavin" be^n made in respect to two other extensive Seigniories including

a large extent of unconc-ded land, and a domain farm within the limits o

the city of Montreal. It is confidently believed that the ^t- Sulpicians wil

realize, under the proposed Ordinance, a sum not less than *oUU,UUU

besides which, they are permitted to invest £30,000 in realestate which

if judiciously laid out in a young and rising colony, will, in the lapse o

years, produce a considerable income, ■ j * *!,

The granting of this enormous wealth— so disproportioned to thi

resources of the T»rovince— to an Ecclesiastical Corporation, which ii

empowered to admit and elect new members in perpetual succession

without check or interference by the Imperial or the Provincial Govern

ments, would be unwise and improvident, under any view of the case, bu

there are other circumstances connected with this grant and the uses t(

which it will be applied, which render it peculiarly partial and oppressive

The tax imrosed by the Ordinance is to be levied indiscnminatel:

from all cla.sscs of the landed proprietors, while the education aftorded b

the Seminary is adapted to the wants and wishes of a pari onh/ oUhe inha

bitants. Aii Act of the Imperial Parliament is to be violated, a Koya

promise thro^^.l to the winds, the English inhabitants are to be taxed with

out being represented, and the rights of conscience invaded ; and all this i

to be done, because it pleases Her Majesty's Ministers to pander to t

preiudices and the vanity of the " Nation Canadienve, by richly endowinj

!it the public expense, an Ecclesiastical Community, and confernn

"rights and privileges," as applied to a system of general education ,

Canada, which would not be tolerated in any other part of the Britis

dominions. Let it not be supposed, that the opponents ot this measui

.. Ml . ,. i <m ik

1 the revenues
ulpicians have
have claimed
" the objects,
it is generally
d expended in

well meaning
u cation of the
I'he estates and
ilpicians, " for
;s of the Semi,
eminary of St.
he IBth day of
might or could
uld, enjoyed or
last mentioned
\f of -Montreal,

IHth of Sep.
ive established
•ecord, showing
their revenues

56 value. The
head, has refe-
eal, no estimate
oriea, including
bin the limits of
Sulpicians will
han £500,000
il estate, which
, in the lapse o

)ortioned to th(
ation, which ii
tual succession
(vincial Govern
7 of the case, bu
and the uses t(
1 and oppressive
indiscriminate)
tion afforded 1)
;)(/// of the inha
rioiatcd, a Royii
;o be taxed witli
\ ; and all this i
:o pander to th
richly endowinj
and conferrin
iral education i
•t of the Britis
\ of this measui

are unwilling that a suitable provision should be made for the general educa-
tion of the people. An appropriation for that object, in which the Franco-
Canadians would participate on equal terms with others, would be regarded
as one of the greatest boons the Legislature could bestow. More than this
cannot be conceded, and more than this ought not to be asked.

It is by no means the least singular incident in this proceeding, that
the Ordinance should be brought forward with the sanction and concur-
rence of the Ministers of the Crown. The Parliamentary debates on the
late Ministerial scheme of education in Great Britain and Ireland, contrast,
oddly enough, with the views and intentions of Ministers on the same
subject, in regard to this Province; and it is worthy of remark that, so
far as can be judged from the opinions of the speakers on that occasion,
there is no considerable party in Parliament, whether Whig or Tory,
Radical or Conservative, that would not reprobate and condemn the pyin.
ciple embodied in the Ordinance, which, nevertheless, with all its imper..
fections and absurdities, is graciously tendered to the people of this Colony
as a special act of ]Ministerial favour.

By the 1 4th Geo. III. cap. 83, it is ])rovided that the Catholic Clergy
"may hold, receive, and enjoy their accustomed dues and rights, with
respect to such persons onUj as shall profess the so d religion," and under
that authority the Catholic Clergy claim and receive tithes, from those of
their own persuasion only. The exemption of the Protestant landowners
from the payment of those dues and rights, has not been attended with
practical inconvenience, or given rise to religious dissensions or animosity.
Here, then, was a precedent which might advantageously have been applied
to the present case ; and if the Government, in its wisdom, see nt to
appoint the Ecclesiastics of the Seminary of St. Sulpice, in perpetual
succession, as commissioners to superintend the education of a pnrt
of the people, the " dues and rights" wherewith they are to be endowed,
ought, in common justice, to be drawn from those only who belong
to their persuasion, and for whose especial benefit the endowment is
to be made.

It may be that the landed proprietors of Frencli origin, will object to
this plan of raising a revenue for " the objects, intents, and purposes" of
the Seminary, against wMch indeed it m.ight reasonably be urged that the
entire expense of educating the people ought not to fall on the la.ided
interest alone ; but if those who would benefit by the endowment of the St.
Sulpicians can assign this as a valid plea, why they should not be taxed for
that purpose, it surely cannot be expected that others who do not benefit
by the endowment, will submit to so grievous a wrong.

There is another party to the case, whose rights have been overlooked.
If it has been determined upon by the Governments, to compel the Censi-
/rti/T* to purchase the fulfilment of a Royal promise, the revenue so raised
is as much the property of the public as the timber fund, the land fund, or
any other branch of what is termed the Crown Revenue, and ought, in
common just" e, to be made available for the public service. A wasteful
and prodigal ^rant of funds, more tlum sufficient to complete some great
Provincial work of general utility, after the Government has announced its
intention to effect a Legislative union of the Provinces of Upper and Lower
Canada, is a matter deeply interesting to the people of both Provinces ; and
it is hoped and believed, that such a manifestation of public opinion will be
exhibited, as will induce the Government to abandon a project indefensible

in principle, and altogether unsuited to the social condition of the people

of these Colonies.

Reasons of a still more grave and imperative nature exist, why an
Ecclesiastical Corporation, with such extensive privileges and resources,
should not be engrafted on the institutions of the province ; and whatever
confidence may deservedly be reposed in the Reverend gentlemen who now
constitute the Community of St. Suljiice, it would be dangerous to the
c«>mmoii weal, to erect a Corporation, with authority to admit and elect new
members in perpetual succession, and invested with powers, rights, and
privileges, which, improperly applied, would generate discord among the
inhabitants, and exercise a powerful influence in the Legislature of the
United Provinces.

The object of the foregoing remarks is to draw public attention to a
subject, which, rightly understood, will be found to affect, in no ordinary
degree, the future peace, welfare, and good government of the Provinces.

^f^.

Newcastlo-iipon-Tyne : Frinted by John Hernaman, 19, Grey-Street.

'%■

he people

, why an
resources;,
whatever
who now
»us to the
elect new
ghts, and
imongthe
ire of the

ntion to a
3 ordinary
rovinces.

ireet.