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It will 1)0 the aim of tlic mithor to submit to tlio J^>riti8li public as foucisely as possible, a statement of facts iu relation to JJelig-ious Endowments in Canada, and to the settlement of the Clergy Ke- servc and IJectory rpiestions by the Canadian Par- liament. It is now rather more than a century since Canada, then contahiinga popuhition of about G5,000 people, professing the lloman Catholic faith, was ceded by France to England. The treaty was dated February 10th, 17G3, and a proclamation was issued on 7th October followino;, announcino- tiiat the Governors had been authorized by Letters Patent, to summon and call general as- semblies in the same form as in other North American Colonies. No Imperial Legislation took place until 1774, when the Act 14 Geo. IIL cap. 83, was passed. For the "perfect secu- rity and case of His :Majesty's subjects profess- ing the religion of the Church of Pome," it was provided that the Clergy of the Church of Rome should be entitled to all their accustomed dues and rights with respect to such persons only as pro- fessed that religion, and that out of the rest of the said accustomed dues and rights it should be law- ful for His Majesty, his heirs and successors, to make such provision, as he or they should from time to time think necessary or expedient, for the o encouragement of tlie Protestant religion, and for the maintenance and support of a Protestant Clergy. It was evidently contemplated by the framers of the Act referred to, that the Protestant Clergy should be supported as the Roman Catliolic Clergy are to this day, by tithes and dues exacted from their own flocks, and against which there has been as yet no remonstrance on the part of the Roman Catholics of Lower Canada. By the same Act a Council was constituted, but with powers much less ample, than are now entrusted to the Legislative Councils of Crown Colonies. At that period Upper Canada was a wilderness, but after the close of the American revolutionary war, the adherents of the British Crown began to flock to it encouraged by promises of grants of land to them- selves, and their descendants. The new settlers were chiefly Protestants, and when the time arrived for conceding self-government to the colonists, it was deemed expedient by Mr. Pitt to divide the old Province of Quebec into two Provinces, Lower and Upper Canada. Accordingly an Act was passed 31 Geo. III. cap. 31, formerly known as the Constitutional Act. The clauses of this Act re- lating to tlie support of religion are those from sec. 35 to 42 inclusive. Sec. 35 was a re-enactment of the provisions of 14 Geo. III. cap. 83, regarding all dues, and rights, and it was long held and pro- bably correctly, that under it tithes might have been levied in Upper Canada. No attempt to do I so was ever made, but it was deemed advIsuLle by tlic Legislature of Upper Canada to pass a declara- tory act on the subject in the year 1823. Sec. 3G authorized a reservation of land, equal in value to one-seventh of all land disposed of by grant or, sale to settlers, for the maintenance and support of a Protestant Clergy. The other sections authorized the erection and endowment of Rectories, and gave power to the Provincial Legislature about to be created " to vary or repeal" all these provisions. Long before a grievance was felt on religious grounds, there was general dissatisfaction among the colonists, at the obstruction to settlement pre- sented by the reservation. Those at all acquainted with the settlement of a new country, destitute of the means of communication, must be aware of the mao- nitude of the grievance inflicted by these reserves For a long time there was no authority to sell the Clergy Reserves, and the original idea seems to have been to create a tenantry in each township which was eventually to be constituted a parish. A Clergy Corporation was established with power to grant leases, and for some years this system was followed. How far the leasing system proved successful may be gathered from the evidence given to the Committee of the House of Commons in 1828, by Mr. James Stephen, then legal adviser to the Colonial Office. Mr. Stephen, referring to Lower Canada, states the revenue from Clergy Reserves to be nominally £930 per annum, and the actual B 2 receipts on an average of tlireo years £50. It need hardly be stated tliat these leases caused almost universal dissatisfaction. The formidable political ao'itation which for many years disturbed the peace of Upi)er Canada, originated in the publication of a letter, dated IGth jMay, 1827, addressed to Mr. Under Secretary AVilmot Ilorton, by the licv. Dr. Strachan, Archdeacon of York, and who was afterwards Bishop of Toronto. Dr. Strachan enclosed to Mr. Horton, for the information of Lord Goderich, what he termed an '^ Ecclesiastical Chart'^of the province of Upper Canada. The object of the Archdeacon's letter was to support a Bill then before Parliament, to authorize the sale of a portion of the reserves. Dr. Strachan stated the following reasons, among others, which had pre- vented the success of the leasing-system. — " 3. The preference given by colonists to lands in fee- simple, to leases, even wdiere the latter are more advantageous."* " 4. The difficulty of collecting rents from the smallness of the amount charged on each lot, and from being scattered over the whole Province.' "5. So long as applicants can get lands of the best quality, and in the most con- venient situations, for nothing, or a mere trifle, the natural conserpiencc is that rent of lands upon lease is almost nominal." There was much in Dr. Strachan's letter and * The meaning, it may be presumed, is, where the situations were more advantageous. Cliart that was deemed offensive to the members of otiier dcnomluatioiLs, and on its publieation it was not only taken up Ly the House of Assembly of rjjper Canada, but hy the inhabitants, wlio en- trusted a petition signed by 8000 people, to ^Ir. (Jeorge Kyerson, an influential Wesleyan Methodist, who was examined before the Connnittee of the House of Commons of 1828. The report of that Committee, of wliich Mr. Huskisson was Chair- man, and Mr. Stanley, (now Earl of Derby,) :Mr. Labouehere, (now Lord Taunton,) ]\[r. Franklin Lewis, ^Ir. Sturges Bourne, {Sir James Mcintosh, and others, members, was *^ That they cannot " avoid recommending in the strongest manner " the propriety of securing for the future, any pro- " vision wliich may be deemed necessary for the " religious wants of the community in these Pro- " vinces, by other means than by a reservation of " one-seventh of the land, according to the enact- "ment of the Act of 1791." AVith regard to the doubts wdiich had arisen as to the meaning of the term " Protestant Clergy," the Committee observe, " the law officers of the Crown '^ have given an opinion in favour of the rights of " the Church of Scotland to such participation, in " which your Connnittee entirely concur, but the " quciition has also been raised, whether the Clergy "of every denomination of Christians, except '' Roman Catholics, may not be included." AVhile abstaining from offering any opinion on tlie legal 6 definition of the term, the Committee dcclnred its opinion that tlic intention of the framers of tlic Act was " to reserve to the ( Jovernmc nt tlie ri^-ht to " apply the money, if they so saw lit, to any Pro- " testant Clergy.'* During tlie twelve years wliich intervened between the report of the Committee of 1828, and the union of Upper and Lower Canada, the Clergy Pveserve question was the main ground of agita- tion, and it may safely be affirmed tliat the repeated rejection by the Legislative Council of Bills, passed by the House of Assembly for the settlement of the question, was the chief cause of the demand for "responsible Government." It is worthy of note that from the period of the report of the Committee of 1828, the responsible advisers of the Crown in England, seem to have been desirous of complying with the clearly expressed wishes of the Canadian people. It would occupy too much space to enter into much detail, but it will be found that an address of the Legislative Assembly of Canada adopted in 1850, contains a narrative of the events which occurred during the period referred to. This address will be referred to later. Lord Goderich's attempt to settle the question in 1831 deserves especial notice. In his des- patches dated in November, 1831, his Lordship not only declared the entire concurrence of Her Majesty's Government in the views of the As- sembly, but sent to Lieutenant-Governor Sir John If Colborne a dnxi't mossagc, and draft bill, which latter he suggested should be introduced by the Attorney General. 8ir John Colborne obeyed his instructions, but a day or two after the hitroduction of the Jiill, prorogued Parliament. Tlie principle of the Bill was to put an end to all future reservations and to re-invest the land jdready set apart in the Crown, discharged of all trusts. This Bill would in all probability have been accepted by the Liberal party as a satisflietory settlement of the question. This was fully three years before the time when Sir John Colborne established 44 rectories and endowed them with a portion of the Clergy Re- serves. Lord Glenelg was equally unsuccessful in his efforts to settle the question, l^ord Syden- ham had to deal with it under most embarrassing circumstances. The mifortunate rebellion of 1837 had for a time almost anniliilated the Beform party, which only began to revive on the appoint- ment of Lord Durham as Governor General and High Commissioner. On the publication of his Lordship's report it received an immense accession of strength. In that report Lord Durham de- clared that the Assembly of Upper Canada did not possess public confidence. It had been elected in 1 836 for the usual term of four years, which would have expired about the middle of 1840. Lord Sydenham's object was to obtain the consent of the local legislatures to the Union Act with as little delay as possible. It was for some time be- 8 lievcd with confidence by the Reformers that there would be an early dissolution of Parliament, and the Lower Canada newspapers announced that such was likely to be Lord Sydenham's policy. It is to be inferred that, during a visit paid to the Governor-General in ^Montreal by the Lieutenant- Governor of Upper Canada, he received an assu- | ranee tiiat he would find the House of Assembly sufficiently pliant. He did not dissolve ; and as a Bill for re-investing the Clergy Ileserves in the Imperial Parliament, passed in the preceding ses- sion, had been disallowed by the Crown, he deter- mined to make every effort possible to settle it prior to the Union. Unfortunately, no P)ill that would have been acceptable to the people of Upper Canada, no Bill similar to that proposed several years previously by Lord Goderich, no Bill at all ill accordance with Lord Durham's recommenda- tions, would have been assented to, eitlier by the Assembly or Legislative Council of Upper Canada. Ijord Sydenham succeeded in carrying a Bill for dividing the Endowment, the details of which need not be noticed. The Reformers ccnsoled them- selves under their defeat by tlie reflection that a Tory Parliament and Council had ignored the claims long persistently maintained by the Church of England to the whole endowment. When Lord Sydenham's Bill reached Encfland, it was deemed expedient by I^ord John Russell to obtain tlie opinion of the Judges on certain points. This 1/ opinion deserves attention, as it was the basis of tlic Imperial Act of 1810. It was as follows: — {Delivered h\j the Lord Chief Justice of the Court of Common Pleas.) My Lords, — On tlio part of her INFajosty's Jiidgos, I have tho lioiiour to rppresent to your Lordships, that all the Judj^os of Eiif^land, with tlio exception of Lord Dcnman and Lord AbiiiLijcr, liavc met togetlier in Serjeant's Inn, for the purpose of taking into consideration the several questions which your Lordships have been pleased to propose tons; and that after discussion upon the subject, and deliberation, we have agreed, unanimously, upon the answers to be returned to those several questions, as follows : — In answer to the first Question, we are all of opinion that tho words " a Protestant Clergy" in the statute 31 Geo. 3, c. 31, are large enough to include, and that they do include, other clergy than those of the Church of England, and Protestant Bishops, Priests, and Deacons, who have received Episcopal ordination. For those words, which are first to be met with in the Statute 11 Geo. 3, c. 83 (recited in tlie Act now under consideration), appear to us, both in their natural force and meaning, and still more from the context of the clauses in which they are found, to bo there used to designate and intend a Clergy opposed in doctrine and discipline to the Clergy of the Church of Home, and rather to aim at the encouragement of the Protestant Re- ligion in opposition to the Itomish Church, than to point ex- clusively to Clergy of the Church of England. And although { the Legislature, in passing the Statute 31 Geo. 3, appears to have had in its view the establishment of the Church of England, primarily, and in a more especial and immediate manner, as is evident from this, that the only detailed provisions for carrying the object of the Act into eft'ect are confined to the erection and endowment of Parsonages and Rectorie'^' according to the Es- tablishment of tho Church of England, the presenting thereto Incumbents or Ministers of the Church of England duly or- dained according to the rites of the said Church, and the sub- jecting of them to all spiritual and ecclesiastical jurisdictioa 10 and authority, according to the laws and caiious of the Church of Eui^land wliich arc lawfully made aud received in England (iBcctions 38, 39, 10, of thcsiiid Act) ; yet does it appear to us, that the Legislature, by employing the more general aud com- prehensive term " Protostant Clergy" in the same Statute iu which they also use the expression " Incumbents or Ministers of the Church of England," must be intended to have included within the former and larger expression other Clergy beside those who are comprised within the limit of the latter. And when your Lordships desire the Judges to state, if any other Clergy are included, what other ? wo answer, that it appears to us that tho Clergy of the Established Church of Scotland do constitute one instance of such other Protestant Clergv. Eor by tho Act of Union of the two kingdoms of England and Scotland, it is made a fundamental article of such Union, " that the true Protestant llcligion as then professed within the kingdom of Scotland, with the worship, discipline, and govern- ment of the Church, should be effectually and unalterably se- cured within the kingdom of Scotland." And when a subse- quent Act of the British Legislature, relating to tho govern- ment, laws, and religion of a British colony, acquired by con- quest since the Union, and forming part of the dominions of the British Crown, employs, with reference to that colony, the terms " a Protestant Clergy," there being no words in tho Statute which necessarily restrain and. limit the meaning of the expression, we think it must be held to include the Clergy of tho Protestant Church established in Scotland ; and we feel our- selves confirmed in this opinion by observing, that on several occasions the precise expression is to be found in the Statute Book, •' the Clergy of the Established Church of Scotland." The 48 Geo. 3, c. 138, in its very title mentions " the Clergy of Scotland." In the 50 Geo. 3, c. 81, " the Rights and Interests of the Clergy of Scotland" are repeatedly spoken of; and in the 5 Geo. 4, c. 72, s. 7, a reference will be found to several Acts of Parliament which make mention of the " Poor Clergy of the Established Church of Scotland." And although in answering your Lordships' question we spc- '*>r ■,1- 11 cify no otlier Cliiircli tliaii tlie Protestant Church of Scotland, we do not thereby intend that besides that Cliurch the Mi- nisters of other Cliurches may not be included under the term " Protestant Clergy." At the same time, as we do not find on the Statute Book the acknowledgment by the Legislature of any other Clergy answering iliat description, and as we are not furnislied by your Lordships with any information as to the doctrine or discipline of any other denominations of Protestants to which the Statute of the 31 Geo. 3 can by possibility apply, wo are unable to specify any other to your Lordships as fulling within the Statute. ]\ly Lords,— In answer to the Question secondly put to us, Ave arc all of opinion that the cfiect of the 41st section of the Statute is prospective only, and that the power thereby givea to the Legislative Council and Assembly of either of the Pro- vinces cannot be extended to affect lands which liave been already allotted and appropriated under former grants ; for the nyinifest import of the 41st section appears to us to be limited to this, namely, *' the varying or repealing the provisions re- specting the allotment and appropriation of lands," and not to comprehend " tho varying or repealing allotments or appropria- tions which have been already made under provisions of the Act, whilst such provisions continued unrepealed and in full force." The provisions of the Statute of Wills might be varied or repealed Avithout affecting tiio devises of land already made luulcr it. My Lords, — In answer to the Question lastly proposed, we all agree in the opinion that the Legislative Council and As- sembly of the Province of Upper Canada have exceeded their authority in passing the Act " to provide for the Sale of the Clergy Reserves, and for the distribution of the Proceeds thereof," in respect of both the enactments specified in your Lordships' Question. As to the enactment " that it should be lawful for the Governor, by and with the advice of the Executive Council, to sell, alienate, and convey in fee simple all or any of the Clergy Eeserves," wo have, in answer to the second Question, already stated our opinion to be such, as that it is inconsistent with any such power in the Colonial Legisla- ture J and as to the enactment " that the proceeds of all past 12 Bales of sufli KoBcrves, \v1iic'li have been or may be invested under the authority of the Act of the Imperial Parliameut passed in the 7 & 8 Q-co. J, fc^r authorizing tiio Bale of part of the Clergy Eescrves in the IVovinccs of Up[)er and Lower Canada, whall be Kubject to such orders and directions as the (lovernor in Council shall make and establish for inveslinjr in any Securities within the Ti-ovince of Upper Canada the amount now funded in I^ngland, together with the proceed.s hereafter to be received from the Sales of all or any of the said Reserves," we think such an enactment is in its terms inconsis- tent with and contradictory to the provisions of the Statute of the Imperial Parliament 7 & 8 Geo. 1, and therefore void, there being no express authority reserved by that Act to tlic Colonial Legislature to repeal the provisions of such latter Statute. Tlic Imperial Clergy Reserve Aet was passed in the same Session as the Union Act, and a variety of circumstancss caused a temporary cessation from agitation on the subject in Upper Canada. Having arrived at the settlement of the question by the Imperial Parliament in 1840, it may be convenient to advert here to the establishment of the Rectories. 8ir John Colborne had been appointed liieutenant-Governor ot Upper Canada in tlie year 1828, and might reasonably have expected his suc- cessor at any time after the latter end of 1884. Sir Francis Head was selected to succeed him in November, 1835, and reached Toronto on the 23rd of Jaiuiary, 183G. It appears from his " Narrative" that his immediate departure after his appointment was urgently pressed by Lord Glenelg. Sir John Colborne had been in possession for years of tlie views of Her Majesty's Government on the subject of the Clergy Reserves, and yet without any authority 13 licyond wliat was convoyed in a dcspatcli from -lvu-1 Il'itliurst to Sir rerco-rlnc Maitland, dated 22iulJuly, 1S25, he sio-ucd patents for tlic endow- ment of a nnmber of Jxectorlcs at tlie very time when his successor was on his journey from Kew York to Toronto. As a proof of the haste in wliich tliis measure was carried out, it may be observed that tlie minute of the Lieutenant-Governor in Council was dated loth January, 1830, tliat Sir Francis Head ai-vived on the 23rd, and that it appears from a letter of the IJishop of Toronto to the Du':e of Newcastle, dated lOtli March, 1853, tliat only 44 of the 57 IJectories were actually established. The Bishop says : " Besides the " Clergy Eeserves, Lord Seaton, towards the close ^' of 1835 and beginninrr of 1830, while Governor *' of Upper Canada, established 57 Eectories for the " benefit of the Church, but of these only 44 were " completed before his departure. They were " endowed with lands amounting in all to 17,208 " acres, giving- an average of about 400 acres to "each Eectory— 13, which, from some accidental • cause, were found without Lord Seaton's signature after his resignation of the Government, and which the proper authorities both here and in England '^ have refused to complete, are held void, so that " the legal Rectories are only 44 instead of 57." It will appear from the documents which follow that no report of the erection or endowment of these Rectories was made to the Secretary of State. u U M Copyofnilespalchfrom Lord Glknelo to Sir F. 13. IIv^U), K.c.ir., Lieutenant Governor of Upper Canada. Downing-strcet, 31st August, 1836. Sir,— Among the Documents appended to the llepcrt of tho Committee of the House of Assembly of Upper Canada, to whom was referred your Correspondence Mitlx your late l^lv- ecutive Council, is a Schedule of tlie Patents forLand granted as Endowments to the Church of England in that rroviuco, and a Return of Property ceded by certain Parties in exchange for Endowments. The incomplete manner in which the ;e Eeturns are drawn up renders it impossible to discover tlio Date of tho greater Portion of the Transactions to which they refer ; but it would api^ear from tho Heading of one of the Keturns, that several Eectories have been endowed during tho current Year ; although, I presume, before your Assumption of the Government of Upper Canada, .ls tliis is a Subject of considerable importance, and as it has attracted the kotice of the Public, both in this Country and iu the Province, I have to request that you will supply mo with an Explanation of the Eeturns to which I have alluded ; specifying tho Dates at which the several Endowments were conceded, and, as far as possible, tho Grounds of the respective Grants. I need not, I am sure, point out to you, that, pending tho Settlement of the Clergy Eeserve Question, it is indispensable that no further Allotment of Church Lands should take place, without the eipref < Sanction of His Majesty's Government. I have, &c (Signed) Glejtelg. Copy of a Despatch from Sir F. B. Head, k.c.h.. Lieutenant Governor of Upper Canada, to Lord Glenelg. Toronto, Upper Canada, 17th December, 183G. My Lord,— In compliance with the Directions contained in your Lordship's Despatch No, 92, I have the Honour to transmit herewith Documents showing the Number and Nature of tho Endowments to the Church of England which were made by my Predecessor. Your Lordship will perceive that the Patents of these Endowments are all dated after my Arrival at New York, and 15 while J was on my Journoy to Toronto ; and tliougli 1 have never mentioned the Circumstance before, I will not now witlihold from your Lordship, tliat the Feeling which the En- dowment of these Rectories created throughout the Province was one of tlie many diilicultics I liad to contend against during the late Elections.— I have, &c. (Signed) F. B. II^ad. MoRNiNa Courier. ^lontreal, Friday, 17th February, 1837.* A most animati.d Debate took place in the Upper Canada Assembly on the 0th instant, on the Report of the Select Com- mittee to whom the Petitions respecting the Rectories, from several Presbyterian Congregations, had been referred. Mr. MMvay, Chairman of the Committee, submitted a Series of Resolutions condemnatory of the recent Establishment of Rectories in the Province, but proving not quite palatable to the House, they were rejected by a small majority. They went the Length of abolishing the Rectories already established. In heu of them, the following, proposed by Mr. M'Lean, were adopted: — Ist. Resolved, That b ^ the Thirty-eighth Clause of tlie Act 31 Geo. 3. Cap. 31. Powc. is given to His Majesty to authorize the Governor, Lieutenant Governor, or Person administering the Government of this Province, with the Advice of the Executive Council, to constitute and erect within every Town- ship or Parish One or more Parsonages or Rectories according to the Establishment of the Church of England, and from Time to Time to endow such Parsonage or Rectory with Lauds authorized and required by that Act to be reserved for the Support of a Protestant Clergy. 2d. Resolved, That the Power thus vested in the Person administering the Government and the Executive Council of this Province not having been exercised for a Period of nearly Half a Century, the Inhabitants of the Pro vince had good * This extract appears in the Parliamentary return as an enclosure to Sir F. B. Head's despatch, but it is not referred to in the despatch itself, and was printed two months later. The error IS in the return, but is of no importance. 10 I?efi3on to boliovo tliat no Attoinpt wnuld bo mailo to carry it into cilbct, nioro cspociiiUy when tlio Provinoij.l Lcjjjishitiini had been invited to legislate, by the Imperial (iovernmeiit, in rcbititni to the Reserves, from which all Eadowmcnta must necessarily bo made. Sd. Resolved, That the late Lieutenant Governor, with the Advice of the Executive Council, established certain Keetories under the Power so lonj; suflei'cd, iu delcrenco to the public Peeling, to remain dormant. 4th. Eesolved, That while this House must unequivocally condfcir,n such a Proceeding, under the peculiar Circumstances of the Province, and pending the Question as to the Disposition of the Clergy Eeserves, it regards as inviolable the Rights acquired under the Patents by which Rectories have been endowed, and cannot, therefore, either invite or sanction any Interference with the Rights thus established. 5th. Resolved, That in the Opinion of this House, the Rectors who have been, or who may be established in this Pro- vince, cannot and ought not to exercise any Ecclesiastical or Spiritual Power or Authority whatever over any Portion of the People of this Province other than the JMembers of their respective Congregations. 6th. Resolved, That as an Impression seems to Prevail (hat Rectors bo established are entitled to enjoy and exercise general and exclusive Spiritual and Ecclesiastical Powers, and it is ex- pedient to remove all Grounds of Apprehension on this Head, a humble Address be presented to His Majesty, praying, in earnest and strong, but respectful Terms, that His Majesty will be graciously pleased to convey to the Imperial Parliament the anxious Desire of this House, in behalf of the great Body of the People of the Province, that as the Provincial Parlia- ment are restrained from legislating on the Subject, except under peculiar and embarrassing Circumstances, an Act of the Imperial Parliament may be passed to declare, in plain and i explicit Terms, that the Establishment and Endowment of Rectories in this Province shall not be construed to confer any Right to exercise any Ecclesiastical or Spiritual Power what- ever except over the Members of the Church of England. This discussion, which lasted about Ten Hours, was con- 17 (Uictcd witlj great Keenness, and every Inch of Ground was vigorously contested by tlio Friends of " Justice to all." Executive Council Chaiubei* at Toronto, Friday, 15tli January IbJJG. PUESEXT, T!ie Honourable Peter Robinson, Presiding Couucillor. Tlie Honourable George II. Marklaud. The Honourable Joseph AVells. To His Excellency Sir John Colborne, K.C.B., Lieutenant Governor of the Province of Upper Canada, and IMajor General couimanding llis Majesty's Forces therein, &c. &c. &c. May it please your Excellency, Pursuant to the Views of Lord Goderieli, shown bv his Despatch of the 5tli April 1S32, in which he concurs with your Excellrncy, and expresses his Desire " that a moderate " Portion of Land should be assigned in each Township or " Parish for ensuring the future Comfort, if not the complete " Maintenance of the Eectors," the Council caused the neces- sary Stops to be taken for the Purpose of setting apart Lots in each Township throughout the Provnice. Much Delay has been caused by their Anxiety to avoid interfering with Persons who miiiht have acknowledo\vning Street, December 1852. Mv Lord, -I have had the honour to receive your Lord- ship'; despatch,* No. 85, of the 22nd September, forwarcbng an address to the Queen fron the Commons of Canada, n.lro« vincial Parliament assembled, on the subject of the Clergy Kc 2. I have laid this Address before Her Majesty, XN'ho was pleased to receive it very graciously. 3 It is with sincere regret that Her Majesty's Government feel themselves unable to advise Her Majesty to cf^^P^y ^'^^h the wishes of the Assembly, for the introduction of a Bill into the Imperial Parliament, to repeal the Act 3 and 4 ^^^t c /S. 4, In arriving reluctantly at this conclusion, Her Majesty s advisers disclaim any intention of " violating the constitut.onal rights" of the Canadian Parliament. On the coTatrary, they retard those rights with the high re.pect which is justly due to^^them, and they fully and distinctly recogni.e both he jus- tice and the propriety of the general rule that m those de- pendencies of the British Crown, which enjoy the advantages of representative institutions, questions which affect exclusively local interests, should be decided and dealt w.thby the Local Government and Legislature. i i„ „p 5 But Her Majesty's Government are not less clearly ot opinion that the question of the repeal of the Imperial Act 3 and 4 Vict. c. 78, involves interests, and is connected with circumstances, which make it fairly an exception to this ge- ncral rule. Clergy Reserves, Canada," * Pac^e 7 of Papers relative to " Clergy Kescrves, ^^^^^^ resented to both llouscs of Parliament, by command ol Her . . ,1,1 I'^l „..., 1 c"<'t Majesty, 11th Ecbruary, 1853 87 C. It is the earnest desire of Her Majesty's Government, not only to avoid any sorioiis *' dillbrcnee of opinion" with the Legislature of Canada, but to act with them, if possible, iu fritiKJly concei't, upon a snbject of Buch great and enduring importance to tlio Canadian people, especially of the Upper Provinces. 7. Her IMiijesty's Govommcnt desire to call the attention of the Commons of Canada to the circumstances under which the Imperial Act was passed. 8. After a long period of agitation, and frequent attempts at legislation on the part of the Upper Canadian Assembly, an Act Avas passed by the Parliament of that Province for placing the disposal of the Clergy lleserves in the hands of the Impe- rial Parliament. Tliis Act was not confirmed, for reasons stated in Lord John Eussell's despatch to Lord Sydenham of the 7th February, 1839. Another Act, providing for the sale and dis- posal of the Clergy Reserves, was subsequently passed by the Provincial Legislature. This Act would have received the Royal Assent, but for a legal objection which was found to be insuperable. 9. In consequence of the legal difficulty to the confirmation by the Crown of the Provincial Act, the Act 3 and 4 Vict. c. 78, similar in principle, though ditfering in detail from the Act sent from Canada, was passed by the Imperial Parliament. 10. Her Majesty's Government cannot fail to remember that not only was the Imperial Act similar in principle to the Pro- vincial Act, but that the former was passed and regarded at the same time, both in Canada and this country, as a final settle- ment of a long agitated and most difficult question ; and the settlement of which had moreover been pressed upon the Im- perial Government by successive Governors of the Canadian Provinces, and by the general wish of the Canadian people. 11 . Iler Majesty's Government would further remind the House of Assembly that the generally admitted necessity of permanently settling this long debated question, had re- ference, not only to the manifest evils of prolonged agitation, but also to the circumstances under which the reunion of the two Provinces of Canada was then about to take place. 12. It was held, and iu the opinion of her Majesty's Go- i. 88 vernineui it was wlnily Iiekl, to bo of paramount important'o, iluit a permanent sottlomcnt of the Clergy llcscrvo question bIiuuUI precede the Act of reunion. 13. lu considering, therefore, how far it is right or expedient to reopen this question, it is impossible for ller jNIajeHty's a,d- viscrs to overlook the fact, that since it has been decided, tlio two Provinces, with a population for the most part distinct both in race and religion, have been united under one representative Governir.ent. 14. llor Majesty's advisers have pleasure in expressing their high sense of the loyalty and good feeling of the French Cana- dian population of Iho Eastern Province. They have the sa- tisfaction of believing that friendly feeling between the Frencli and British population is steadily and constantly increasing ; and they wovdd deprecate, in the most earnest manner, ai\y course of action on the }):ut of the Provincial Parliament, which might have the least tendency to interrupt those ami- cable relations which now so happily subsist between the two races. 15. The French population of the Lower Province enjoy the blessing of an exemplary, a well educated, and a numerous l^riesthood, with am[)le endowments for the support of the priests, and for the maintenance of exclusive educational insti- tutions. 16. From the period of the conquest of Canada till the pre- sent day, these endowments have been scrupulously respected. 17. Her Majesty's Government have no disposition to question the right or to impugn the motives of such of the representatives of the French population of the Eastern Province in the Canadian Parliament, as may deem it their duty to vote, either for tl.\o repeal of the Clergy Reserve Act, or for the secularization of the Clergy lleserves. But they feel a deep interest in the peace and welfare of all classes of Her Majesty's subjects in Canada, and with past struggles and contentions fresh in their recollection, they would earnestly press on the consideration of the Canadian Parliament, in no unfriendly spirit, whether there would not be danger of reviving feelings of animosity and dis- content if the British inhabitants of the Upper Province were deprived by the Imperial Parliament of that fund for the sup- 80 ])ort of IVotostaut worsliip wliioli they have so hjiig enjoyed, niul which is now, wheilicr for general or for misaioimry pur- poset>, more tliaii over uecessiary. 18. I cannot tliua cominniiieatc the views of Her Majesty's Govcniinent with respect to the Address of the House cd" As- sembly which I have now to acknowledge, without repeating, in the most distinct terms, that nothing would be more painful to Her Majesty's advisers, or more at variance with their real feel- ings, than to be involved in any dilYcrenco.or controversy with tlic Tarliament of Canada, and that their only wish upon this diinculL snhject is to co-operate with the provincial autlioritics in promoting the permanent interests of all classes of Her Majesty's Canadian subject::^.— I. have, &c. John S. PAia>'GTON. It seems unnecessary to insert tlic Duke of New- castle's despatcli of loth January, 1853, annoiuic- ing the decision of tlic new T^linistry to propose tlie repeal of tlie Imperial Act of 1840, wliicli was successfully accomplished. Meantime the Cana- dian IMinistry had carried their measure for the increase of representatives. And it is to he observed that hy one of the provisions of the Union Act, two- thirds of the members of both Houses were rerpiircd to be in their places, to vote for the second and third readings of the Bill. Even this difficulty (and that it was a most serious one every Parliamentary whip woidd readily admit) was overcome, and the Bill became law. The :Ministry had then to consider whether it would be proper to bring such cpiestions as the Clergy Beserves and Seignorial Tenures, before a House of Assembly, which had by a majority of two-thirds declared its own incompetency. IMAGE EVALUATION TEST TARGET (MT-S) .,*' 4?. .

CM ^ // 7W /A Photographic Sciences Corporation ^ ccch which I dtlivered from the tlirone tliis day iu proroguing the Parliament of the province, and I beg at tho same time to solicit your Grace's attention, while I state as succinctly as I can the grounds un which I formed the resolution which has given occasion for the delivery of this speech. 2. It may probably be in your Grace's recollection, that during the course of tho last session of the Provincial Parlia- ment, two Acts were passed, which had for their object to , 01 effect very material chanj^es in the constitution of ttie popufor branch of the Provincial Legislature, The former of these Acta raised tlie number of parliamentary representatives from 84 to 130. This addition to the House of Assembly being so eifected as to equalize to a greater extent, than is now the ease, popula- tion and representation. By the terms of the Constitutional Act, an Act of this nature could not become Law, unless it received in each brandi of the Legislature, on the second and third readings, the support of at least two-tliirds of the members. In the passage of this Act through the Provincial Parliament these conditions were complied with, and having received a notification of this fact by addresses in the mode prescribed by the Constitutional Act, I assented to it in Her Majesty's name on the 11th June, 185v3. 3. The second of the Acts to which I have referred waa entitled, "An Act to extend the Elective franchise, and " better to define the Qualifications of Voters in certain " Electoral Divisions, by providing a system for the registration " of Voters," and the intentions of the Act, as stated in the title, were duly carried out in its provisions. 4. While these proceedings were taking place in the Pro- vincial Parliament, the Imperial Parliament passed an Act repealing the Imperial Statute which had regulated, since the year 1810, the distribution of the fund commonly known as the Clergy Reserve Fund of Canada, and leaving the future application of this fund, aa a matter of local concern, to the determination of the local Legislature. This important statute having been duly sanctioned by Ilcr Majesty, reached me shortly before the ])rorogatiou of the Provincial Parliament. 5. The course which the Provincial Government ought to take at this conjuncture, whether in reference to the measures of constitutional change which had been enacted by the local Parliament, or the Act respecting the Clergy Reserves which the Imperial Legislature had passed, became necessarily at an early period of the recess the subject of deliberation in the Provincial Cabinet. Some members of this body were strongly pledged to the secularization of the reserves, and it was believed that a proposal to carry out a measure of this description would bo supported by a majority in tlie existing Assembly. 02 After full conaiJeralion and discussion, liowcvcv, my l^xcc-utivo Council arrived unaniinously at the conclusion, that apart altogether from the merits of secnlarization, it uould not bo consistent with their duty to undertake to legislate upon this subject in the Parliament as then constituted. The Clerj>;y Eeserve question was one on which it was notorious that the public mind in Upper Canada, more especially, was much divided, and the Imperial statute on the subject had been repealed for the express purpot^c of facilitatinjj; a sctl'ement which should be fuuil, and in accordance with the deliberate views and convictions of the people of the province. To attempt, therefore, to settle such a question in a Parliament which had been already declared by its own vote to be an imperfect representation of the people, and by the exercise of what might be deemed the inlluenco of the Government, was a course of proceeding obviously open to serious objection. lu these views of the ICxecutive Council I entirely concurred. G. An immediate dissolution of Parliament was apparently the readiest mode of escape from the perplexities to which I have referred. IJut here, again, a dUIiculty presented itself. In order to give time for the completion of the sy tern of registration whicli formed part of the measure, the 1st day of January, 1855, had been fixed as the period at which the Act for extending the franchise should come into operation. To give it effect at an earlier time further legislation was required. It was, therefore, finally resolved by the Government that the then subsisting Parliament should be allowed to meet again for the purpose of legislating on this and other necessary matters, preparatory to a dissolution, after which the opinion of the Legislature, as constituted under the extended Itepre- sentatiou and Franchise Acts, might bo taken on those im- portant questions, the settlement of which was anxiously desired by the people of the province. 7. In accordance with this determination, in my speech from the throne which I transmitted to your Grace by the last mail, with my Despatch No. 5, of the 15th instant, I recommended the passing of a law for bringing into early operation the Act of the preceding session which had extended the elective franchise, in order that a constitutional expression of opinion might be *)3 obtained as speedily as possible under the sj-stem of rcpresonta" tiou recently cstablislicd, on the various important questions on which legislation was required, and I invited legislation in the theii existing I'arlianient on two other subjects only ; tho one of these subjects being the Reciprocity Treaty, to give effect to which it was desirable that an Act of the Provincial Parliament should bo passed without delay ; and the other the Tariff, in which the prosperous condition of the revenue justified certain reductions. 8. The first amendment to the address was moved by the Hon- ourable Mr. She. wood, a leading member of the Conservative parly, who objected to the lute period at which the Parliament had been convened. Tho ex])lauations on this head, however, were deemed sufficient by tho majority of the Assembly, and the amendment was accordingly rejected by 10 votes to 2!). Mr. Cauchou, a French Canadian Member, tlicn moved, that at the end of the fourth paragraph of the address in answer to the speech delivered at the opening of the session, tho follow- ing words should be inserted : — "That this House sees with " regret that his Excellency's Government do not intend to *' submit to the Legislature during the present session a Bill " for the immediate settlement of the Scignorial question ;" to which amendment, Mr. Ilartman, an Upper Canada Member, of the Liberal party, moved as an amenthnent, to leave out all the words after ♦' House," and add the following instead thereof: — " Regret that his Excellency has not been advised to recom- " mend during the present session a measure for the seculari- " zation of the Clergy Reserves, and also a measure for the •' abolition of the Scignorial tenure." The Ministerial and Conservative parties concurred in opposing this motion, which was accordingly defeated by a majority of 51 votes to IG. Mr. Sicottc, another French Canadian Member, then moved that the words, " Or ono for the immediate settlement of " the Clergy Reserves," should be carried to the end of Mr. Cauchou's amendment, and this motion was carried by 42 votes again^'t 29 ; the Conservative Members availing them- selves of the ambiguity of the word " settlement," to join tho party who were censuring the administration for not having 94 mtroducod dui'ing tlie then session a Bill for secularizing the Clergy Eoservcs. 0. It will be obvious to your Grace, from the above statement of facts, th.\t a most embarrassing situation was created by tliis vote. It pledged the then subsisting Parliament to settle the question of the Clergy Reserves, and it was carried by a combination of parties holding opposite views with respect to tJie terms on which the settlement should be effected. It was my decided opinion that no measure on this subject sljort of a measure of entire secularization could possibly have been carried through that House of Assembly, with the prospect, more especially, of au immediate dissolution lianging over the heads of its members. Against a measure of secularization carried under such circumstances the friends of religious en- dowments would, I conceived, have had gootl cause to complain. But if, on the other hand, out of tlie heterogeneous elements of which the majority was composed, I had been able to form a Conservative Administration, and with the aid of that Ad- ministration to pass a measure for perpetuating the endowment, I felt confident that in place of settling this vexed question, I should by so doing only have given the signal for renewed and more violent agitation. The advocates of secularization would never have admitted the permanency of a settlement effected by a Parliament so peculiarly circumstanced, and the Minis- terial party might reasonably have been expected to assert in opposition the views on this subject for which they had incurred the sacrifice of office. Moreover, the position of the House of Assembly itself, in reference to the point which had been raised, was an anomalous one. On the issue, whether or not it was seemly that a certain class of questions should be dealt with before the dissolution, which would bring into operation a more perfect system of popuLir representation, that body might be said to be a party to the suit. Its verdict, therefore, in the particular case, could hardly be held to carry with it the authority which, under ordinary circumstances, would attach to the decision of the popular branch of the Legislature. It is further to be observed, that the Legislative Council, by the terms of their address in reply to the speech from the throne which I transmitted in my Despatch No. 5, of the 15th I I 95 instani, had virtual!) expressed their approval of the policy adopted by the Administratiou. 10. Under these circumstances, when the Members of the Executive Council informed mo that tliey were prepared to ask the judgment of the country on the policy of the postponement of the Clergy Reserve and Suignorial Tenure questions, which they had adopted with my full approval and sanction, I did not think that I should bo justified in refusiug to act on the advice tendered by them, and to dissolve Parliament for this purpose ; and having obtained from the Law Officers of the Crown a joint opinion in favour of the legality of the course recom- mended to me, I summoned the House of Assembly to tlio Council Chamber in the usual manner, and delivered the speech, of which the copy is herewith enclosed.— I have, &c. (Signed) The Duke of Newcastle, &c. &c Elgin and Kincardine. Enclosure in No. 2. Honourable Gentlemen of the Legislative Council. Gentlemen of the Legislative Assembly. When I met you at the commencment of the present session, I expressed the hope that you would proceed without delay to pass such a law in reference to the period appointed for intro- ducing the amended franchise, as would have enabled me to bring at once into operation those important measures aflecting the representation of the people in Parliament, which were adopted by you with singular unanimity last session. Having been disappointed in this expectation, I still consider that it is due to the people of the province, and most respectful to the decision of the Legislature, that I should take such steps as are in my power to give effect to the law by which the Par- liamentary representation of the people is augmented, before calling the attention of Parliament to questions on which the public mind has been long agitated, and the settlement of which it is most desirable to effect in such a manner as will be most likely to secure for it the confidence of the people. I have come, therefore, to meet you on the present occasion for the purpose of proroguing this Parliament with a view to an immediate dissolution. 1)0 The rupture l)etAVcen that seetlou of the Me- ibnners, M'ldch supported the Ministry, and the "Clear Grits" and " Eourrcs," was at length com- plete; but the former laboured under a great disadvantage in Upper Canada as compared with their allies in Lower Canada. In the French Canadian Counties there were no Conservative can- didates. The contests therefore were between Ministerialists and Tvouges. In Upper Canada there were very few contests between Mhiisterial- ists and Clear Grits. The contests were between Conservatives and Eeformers, and when any of the latter were " Clear Grits," they got the support of the ]!llinisterialist party. AVhereas when the re- form candidate was a Ministerialist, no effort was spared by the " Clear Grit" organs to secure the return of the Conservative candidate. An extract or two from a speech delivered by the writer on the occasion of his resignation in 1854, will serve to explain the course taken by tlie *' Clear Grit" party. " That honourable gentleman who cries, hear, " bear (Mr. :Maclvenzie), threatened over and over " again during the last Session, as honourable gen- *' tlemen must well recollect, that he would turn me " out of the county of Oxford. He told the House " again and again that it was through his influence " that I sat as the member for the county of Oxford. " The honourable member came up to the county '' of Oxford, with Avhich I had been connected for " many years ;J,c came to my meetings, he a"e„t on the Liberal side. That gentle- ^^ man distmetly avowed his conviction that the „ Co"^ervatn-e party had abandoned opposition to ^^ the secularization of the Clergy Reserves. He in ^^ almost every instance supported candidates who ^^ had previously been identified with the Conserva- tive party in opposition to Reformers, and espe- u A^ ^ "Jr*"" f ^ °*' ^^•■'™'"°" ■'<' «"l>PO'-t«l Sir Allan Macnab against Mr. Buchanan. He ■^ assured the country that the Conservatives would „ 'f "! '^^ C'«'-Sy Reserve question by devoting the fund to secular purposes, an assertion little credited at the time, but which is about to be " realized." The result of the general election of 1854, was * This was one of the few cases in which the " Clear Grits" atternpted to aid ihe Conservatives by setting up a candidnte to divide the Reform votes. 08 to give a majority against the Govcrimicnt in Upper Canada, and a considerable majority in its favour in Lower Canada. It had always been con- sidered most desirable that the ]\Iinistry should be supported by a niajority from both sections of the province. The Tonservative Government formed by Lord Metcalfe, and which was supported by a very small majority during the second Parliament, had been constantlv attacked for Ic^i-islntin"* for Lower Canada by the aid of an I'ppor Canada majority. The J^ower Canada members would have been very unwilling to place themselves in the same position, and it was fortunate that the combined opposition in the third Parliament had a small majority. The first division was on the Speakership ; the Ministerial candidate being Mr. Cartier (now Sir George Cartier, Part.), who is so favourably known in England. The Conservatives did not put forward a candidate, but were pledged to support the nominee of the " Clear Grits." The Lower Canada opposition had a candidate of their own, a French Canadian of moderate views, and on the defeat of Mr. Cartier by a small majority, that gentleman was elected by the aid of the Government. It being clear that a vote of want of confidence would be carried as an amendment to the address in answer to the Governor-General's speech, it appeared very desirable to prevent, by an immediate resignation, the imtating discussion which would have certainly taken place had such 00 a motion been niatle. The Ministry having been dcfcatca on a question of privilege, tendered their resignation; and 8ir Allan JMacnab was imme- diately sent for by Lord Elgin, and undertook to form an administration. Sir Allan Macnab acted with great tact on the occasion. He offered the Attorney-Generalship of Upper Canada to Mr. John A. Macdonald (now Sir John A. Macdonald, K.C.B.), who was one of the most liberal of the (Conservative members, and tlien made overtures to Mr. Morin. That gentleman was not disposed to form any coidition unless with the concurrence of his former colleagues, and with an assurance that the contemplated measures for settling the Clergy Reserves and Seignorial questions would be adopted by the new Ministry. The Con- servative leaders had fully made up their minds to accept the measures of their predecessors, and they were aware of the great importance of securing for the Government the support of a majority of the Upper Canada members. Sir Allan Macnab, having ascertained Mr. Morin's views, opened a negociation with the writer, the result of which was, that two of the Upper Canada supporters of the late Government became members of the new Ministry, with an assurance that it would have the cordial support of the writer and all over whom he had influence. A coalition Government was accordingly formed, and as very few of the Keforniers went over to the " Clear Grits," it liad r- I JOG the support of a consiilcraljle majority in Loth sectiona of the province. Tlic Reform member who accepted oflice was of course denounced as a traitor, but the "Clear Grits" were unable to prevent his re-election. Perhaps the most beneficial result of the coalition Government was the extinction of the liritish party in Lower Canada. That party had from the period of the Union been allied to the Conser- vatives of Upper Canada, and of course when the coalition took place, it oavc its support to the new Government. When opportunity offered, gentle- men belonginf^ to that party were taken into the Government, and the French Canadian majority has ever since acted in perfect concert with the representatives of their old antagonists. Little re- mains to be told of the Clergy Ivcserves. It hat. been shown that at the general election many ol the Conservative candidates gave pledges to support secularization. Even the Bishop of Toronto aban- doned hope after the passage of the Imperial Act. His last manifesto was dated 19th March, 1853, and was addressed to the Duke of Newcastle. An ex- tract or two may be interesting. " Power and violence are to determine the ques- ^' tion ; vested rights and the claims of justice are " impediments to be swxpt away. Hence the " spoliation sought to be perpetrated by the legis- " lature of Canada has no parallel in colonial his- " tory. Even in the midst of the American revolu- 101 '^ tion, the old colonists (hiring- tlio ]iciivt-1)iirninirs " and niva^^es of civil war respected the Eccle- '' siastical JOndownients made by the Crown against " which they were contending." *' How very different would tlic religious aspect " of Canada have been, had the Konian Catholics '' done their duty. And it wouhl luivc been their *' safety as well as ours had they, instead of join- " ingthc enemies of religion, made a common cause " with the Churches of England and Scotland in " the preservation of Church property and separate " schools. Harmony and peace would have prc- " vailed through the whole province, and the " socialists and infidels would have sunk into " insignificance before so powerful a combination." * * « * * " I feel bitterly, my Lord Duke, on this subject. " Till I heard of your Grace's despatch, I had fondly " trusted in Mr. Gladstone and his friends, of whom " you are one, notwithstanding the present doubt- " ful administration, and I still argued in my heart, " though not without misgivings, that the Church " was safe. I liav3 cherished her with my best " energies for more than half a centurv in this dis- " tant corner of God's dominions; and after many " trials and difficulties I was beholding her with " joy, enlarging her tent, lengthening her cords, " and strengthening her stakes, but now this joy is " turned into grief and sadness, for darkness and " tribulation are approaching to arrest her on- 102 " ward progress. IVriuit inc iii conclusion, my " Lord Duke, to entreat your forgiveness if in tlie " auguisli of my spirit I have been too bold, for it *' is far from my wisli or intention to give personal " offence. And of this, rest assured, that 1 would " most willingly avert, with the sacrifice of my " life, the calamities which the passing of J:'^^v Bu'i " will bring upon the Clmrch in Canada." When, on the passing of the Imperial Act Colonial legislation became inevitable, the inde- fatigable Bislio]) determined to try what could be done with the Canadian ministry. Accordingly he selected delegates to communicate on the subject with the Government. One of these gentlemen is well known to many of the English and Irish IVelates, as he was after- >vards sent as a delegate to this country. This was the Ivev. Dr. Mc.]\Iurray, and with him the writer had most satisfactory communications when considerhig the details of the Clergy Eeserve measure. It was then that the proposal to capi- talize the life interests was first entertained. That concession went far to reconcile the friends of the Church to the scheme. It may be proper to ob- serve that the Government had at one time intended to grant terminable annuities, and had obtained authority from Parliament to do so. Tables had been compiled by Mr. Finlaison, the eminent actuary, based on interest at 6 per cent., that being the legal rate in Canada. It would have been 103 most unjust to tlic Clergy to have adopted a lower rate. The Ixoman Catholics and the Wesleyan ^lethodists were in the receipt of fixed sums, and it was considered ri'dit to allow them their an- nuities for a term of twenty years. Such were the main provisions of the measure agreed upon by the Ilhicks-Morin Ministrv, with the concurrence of the Earl of Elgin, who had the satisfiiction of giving his assent to the C'lergy licscrvc and Seig- norial Tenure Dills before his departure for Canada. In Sir Edmund Head's speech at the close of the Session he thus referred to the settlement of the two great questions : — "An Act assented to by my predecessor has '^ finally settled the long pending dispute with " regard to the Clergy Reserves, and it has done '•' so in such a manner as to vindicate liberal prin- " ciples, whilst it treats the rights of individuals " with just and considerate regard. The same " may, I trust, be said of another most important " law, the Act for the Abolition of the Seignorial " Tenure. Great changes cannot be made without " some hardships, but Canada will appear in his- " tory as the only country in the world in which " the feudal system has expired without violence '' and revolution." It has been the study of the writer to avoid injurious reflections on the individuals who took part in the transactions referred to in the preceding pages. Every one must admire the devotion of 104 the Ijisliop of Toronto to the interests of tlie Church, of which he was so long tlie main support. He survived the controversy for many years, and must have rejoiced that all his apprehensions were groundless and that the influence of the Church was largely extended after the dissolution of its connection with the State. The circumstances under which Sir John Col- borne established Rectories in Upper Canada, though faithfully narrated, may lead the reader to suppose that he acted with culpable precipitation on that occasion. It is only just to observe that there cannot be a doubt that Sir John Colborne believed that Lord Goderich's dispatch gave him the neces- sary authority to establish Rectories, a measure that he had been contemplating for several years. He had had, however, many obstacles to overcome in order to obtain land in suitable places. As early as June 1835 he required the Crown lawyers to prepare an instrument for constituting the rectories. The Attorney and Solicitor General differed in opinion as to the form, and the consequence was that no action was taken until the close of the year. There can be no doubt that Sir John Colborne felt that it would be unfair to his successor to embar- rass him by leaving matters in an incomplete state, and that having proceeded to such lengths, he was bound to assume the entire responsibility of the act. Looking at the question from his Lordsliip^s 105 point of view, there is mucli to excui^e in a pro- ceeding wliicli certainly raised the indignation of the people of Canada, Avlien Avithont Juiy warn- ing they Iciirned that a large number of IJectories liad been established and endowed. It may be proper to state in conclusion, that in consequence of the reference made to the Canadian Kectory question in the recent debate in the House of Commons on the Irish Church, the writer was frequently applied to for information by acquain- tances who were aware that he had taken a pro- minent part in the settlement of that question. Those who take the trouble of reading this pam- phlet will ])robably admit the difficulty of answering such inquiries satisfactorily in conversation. The object of the writer has been simply to give a faithful narrative of transactions, in Avhicli few now living were so much concerned as himself. THE END.