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/ .<

KELIGIOUS ENDOWMENTS

CANADA

a:he^ Clergii "gm^ and fx^cjoii (Qh^^Mmi

A CIIAriEPt or CANADIAN IIISTOEY.

SIR FRANCIS iriXCKS, K.C.M.G., C.K

LONDON :

DALTON & LUCY, 2S, COCKSPUR STREET,
Uooftgrllrrs to Ifie Qurrn, anU lo ^yMfti. ti,r |p,.„,rr of SliLlalfs.

1S09.

nFj;i(.;]ors exdowmknt.s in Canada.

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

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

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

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

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-

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

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

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-

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

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

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.

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

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.

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-

(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 acknowled<j:ed Claims
to any of the Eeserves to be selected either for Lease or Pur-
chase.

A Difficulty in completing what his Loi'dship most appro-
priately calls " this salutary Work" was also caused by the
Crown Olficers not concurring in the Form to be used in the
Instrument by which the Endowment is to be confirmed, which
left the Council to decide as to the Mode to be adopted for
that Purpose.

These Obstacles have now been surmounted, and it is re-
spectfully recommended that no Time be lost in authorizing
the Attorney General to prepare the necessary Instruments to
secure to the Incumbents named in the annexed Schedules,
and tlieir Succes.sor.^, the Lots of Land there enumerated as
having been respectively set apart for Glebes.
All which is respectfully submitted.

(^signed) Peteu Robiason, P.C.

Copy of a Despatch from Lord Gllnkto /w Nir 1\ Ji. Head,
Bart., Lieutenant Governor of Upper Canada.

Downing Street, Gtli July, 1S37.
Sir,— I liave received your Despatch, dated the 2d May hint,
No. 61, enclosing the Copy of an Address to the King,, l»y the
Assembly of Delegates, in conjunction with the Established
Church of Scotland, and the Copy of an Address from the
same Parties to yourself, praying you to transmit to mo the
Copy of the Address to the King, and to recommend the same
to His Majesty's favourable Consideration.

This Address, as you have observed, asserts that tlie Consti-
tutional Act of the Canadas of the Year 1701 is an infringe-
ment of the Rights of the Petitioners ; you therefore think it
needless to ofler any Observations on the Subject. I entirely
concur with you in thinking, that, in the Administration of
the Government of the Province, neitlier Her Majesty's con-
fidential Advisers nor you had any proper Concern with the
Question, wliether the Constitution of 1791 was wisely framed,
or consistent with the just Pretensions of each of the Three
Kingdoms now constituting the United Kingdom of Great
33ritain and Ireland. It is sufllcient for us to know, that tho
British Legislature of the L^nited Kingdom is alone capable to
repeal or to amend it. The Duty of the Executive Government
is simply to execute its Provisions. In this Conclusion you
have rested, and there also I should have been inclined to
terminate the Discussion, if I had not recently found Cause
to suppose that the Act of 1791 has received an erroneous
Construction from the Petitioners, as well as from others of
deservedly great Authority in the Piovince. It is important
to rescue the ('onstitution from a Censure and a consequent ;

Unpopularity to vvhicti it is not justly obnoxious.

The Petitioners maintain tiuit the Act of 1791 is an Infringe-
ment on their Rights, because it provides for the Endowment
of Rectories in Canada, and for the Presentation of Ministers
of the Church of England as Incumbents, and because it
invests those Incumbents with Spiritual Jurisdiction over all
Denominations of Christians within the Bounds of their
respective Rectories. To show that this alleged Grievance is
not merely a theoretical Evil, but a practical AVroug, the Peti-

tioiioi's rof'or to llio I'^slablislmioiit of J''it'ly-sevcn KrctdricH in
Jaiiudry ISIiO. Tlicy f<)iii|)laiM of Huh MoiNiirc as a Di'parliiro
from tlio Plfcl^o of llio Crown to refer to the Local Parliaiin'iit
the SettlciiK'iit of the Disputes which had nrisen respecting
tho Clergy lieserves, and dechnc theuiHcIves unwillinp; to
assume that tho King would at that Time have instructed His
Majesty's Kepreseiitulive to have established those JUn'tories ;
they then declare that this Act has tended nu)rc than any
other Circumstance to diminish the Estimation of tlie E([uity
of His Majesty's Government in the Province, and an a liepa-
ratioii they call upon the King, in substance, to invest tho
Church of Scotland with Powers co-extcnsivo with tlioso whidi
arc enjoyed by the Sister Church of England, but to restrict
tho Spiritual Authority of both to their own j)eculiar INIembers.
Without expressing a decided Opinion as to tho Nature and
Extent of the Spiritual Jurisdiction which would accompany
the Creation of any Rectories under tho Act of 1791, I trust
that the following Explanation of the JNleasures which I have
taken in tlie Interval which hits elapsed since I received your
Despatch of the 17th December hist, No. 101, ui)on the
Subject of tlie Eifty-seven Rectories created by an Act of your
immediate Predecessor in the Govoinnieiit, will convince tho
Petitioners of the Church of Scotland that they luivo to a
certain Extent misapprehended the Act of 1791, so far at least
as that Statute may bo supposed to have authorized tho Esta-
blishment of the Eectories in question.

You are aware that your Despatch of the 17th December
1836 contained tho first official Information whichever reached
nie of the Rectories liaving been established or endowed. The
Fact had been asserted in Parliament, but I was not only
officially uninformed, but really ignorant that it had occurred ;
I therefore requested you to supply mo with the necessary
Information, and until it reached me in the Month of February
last, I was entirely destitute of all authentic Intelligence as to
what had really been done.

You will not, I trust, even for a Moment, suppose that I
refer in the Spirit of Censure or Complaint to tho Silence of
the Provincial Government on this Occasion ; it admits of an
obvious Explanation. The Creation and Endowment of the

Hoctorlc^ wnn iilinost llio lasl Act of Sir Jolm Culbonio's Ad-
niiiiislnition ; and a-* at that Timo you woiv actually cm your
Way fn'tn Xrw York to Toronto, your I'rcclcccHsor probably
nHauniod that the rroeccdiiig would bo roi)ortcd by you, bo
baviiifjf at last, an it may wtdl be iiuaj^iued, soarccdy leisure
enough for the Discharge of his many indis[)en»al)le and urgent
public J)uti('s. On the other hand, it is impossible not to
respcet the Feelings^ which indisposed you to enter on the
Su])ject. Kegietling tho INEeasuro itself as creating a new
Embarrassment in your Path, at that Time beset by Dillicultics
of no ordinary Kind and naturally regarding it as irremediable,
you preferred to contend with tiiia Obstacle silently rather
than to avail yourself of it, either as an Apology in the event
of Failure, or as enhuncing your own IMerit in tho event of
Success. To this generous Solicitude fi)r the Credit of your
immediate Predecessor 1 have always attributed your Omission
to report his Proceeding w ith regard to tho Eoctorles ; and I
fully admit, that with the Opinion which you entertained, and
could scarcely have failed to entertain, as to the Validity of tho
Act itself, tho Motives for making it a Subject of Correspond-
ence wero but few and of no great Weight.

Although, for the Reasons to be subsequently stated, I am
compelled to think that tho Creation and Endowment of tho
Eoctories were not lawful or valid Measures, yet it would bo
most foreign to my real Intention if I should be supposed to cast
any Dcubt on the propriety of Sir John Colborne's Conduct iu
reference to them. That distinguished Ofllcer has given too
many Proofs of his devoted Zeal for His Majesty's Service, and
for the Good of the King's Subjects, to permit the Admission
of even a surmise injurious to his public Spirit on this or any
other Occasion ; and although I may differ from him in Opinion
as to tho Expediency of crttablishing the Ivectories, especially
at the Moment chosen for that Purpose, yet I am convinced
that Sir John Colborno would as readily as any Man acknow-
ledge that opposite Views of Public Interest, upon any parti-
cular Question, may bo entertained by Men engaged in tho
same Branch of Ilia Majesty's Service withoiit derogating in
tho slightest Degree from their mutual Esteem and Confidence.
Indeed, iu proportion to the Strength of those F'eeliugs will

usually bo the FrocdDin willi wliich bucIi opposite Views arc
avowed ami diHCiissod.

Oq receiving your Doapalcli of the 17th Uecoinbcr, it np-
poarod to mo very quostioiinblo whether any adecpiale le^nl
Authority existed for the Creation or Endowment of tlio
Tlectorios. 1 did not indeed perceive any possible Ground fnr
disputing the lli<;ht of the Lieutenant Governor in Council to
proceed to that uiea.sure, if previously sanctioned by the King ;
but on referring to the Commissions of Lords Aylmer and
Gosford, to the General lustruclions accompanying them,
to the Corrcspondonco between this Department and tli«
Provincial Government, and to the Minutes of the Executive
Council of the loth January 1S3G, it appeared to mo that no
such Sauetion had over been given. The Grounds of this
Opinion you will learn from tho accompanying Copy of the
Communication which I thought it necessary to address to tho
King's Advocat'C and to the Attorney and Solicitor General,

Tho Law Officers of the Crown received thrt Eeference on
tho 12th April, and reported to me their Answer on tho 8tli
Ultimo. The Delay is readily accounted for by the great Im-
portance of the Question, and by the Anxiety of His Majesty's
Legal Advisers to olfer no immature Judgment on such an
Occasion. I enclose for your Information a Copy of their
Report. You will find that they declare their Opinion to bo,
that tho Erection and Endowment of tho Fifty-seven Rectories
by Sir J. Colbornc aro not valid and lawful Acts.

I confess myself to bo much embarrassed by this Decision;
it imposes upon Her Majesty's Government a Duty which is
for many Reasons exceedingly irksome. Tho Demands of the
Members of tho Church of Scotland would forbid a silent
Acquiescence in what has been done, even if such Inaction
were otherwise compatible with the Obligations of the Office
which I have the Honour to hold ; yet I feel that by acting on
the Advice of tho Law Officers of the Crown in this Instance
I shall inevitably appear to bo assuming an Attitude of Oppo-
sition to tho interests of the Church of England. I can, how-
ever, only pursue the straight Path which lies before me ;
trusting that if I shall not at first escape Misconstruction, I
shall ultimately be acquitted by the Parties more immediately

concerned of any Failure in the Affection nud Veneration for
tlie Church of England which should characterize every sincere
Member of her Communion.

It is of course possible that the Statement on which the
Law Officers of the Crown have founded their Opinion may be
erroneous or defective, although it is certain that the utmost
Care and Labour have been bestowed on the Investigation of
the Facts of the Case. It is also possible that Her Majesty's
Legal Advisers may have misapprehended the Law, although
it is equally clear that they have bestowed their most patient
and laborious Attention on the Questions proposed to them.
But adverting to each of these possible Sources of Error, my
first Solicitude is to ascertain whether any such Mistake has
really occurred. Tou will therefore have the goodness to
communicate a Copy of this Despatch to the Archdeacon of
Toronto, who will probably think it right to lay it before the
T?ishop of Montreal, -who is now officiating ai "^iishop of the
Diocese of Quebec ; and you will invite his Lordship and the
Archdeacon to inform you whether they are aware of any
material Fact omitted in the Case laid before the Crown
Lawyers, or inaccurately stated there, or of any important
Argument which may be supposed to have escaped the Notice of
those Learntd Persons. If any such Error or Oversight shall
appear to you to have been committed, you will suspend all
further proceedings until you shall have reported on the Case
to me, and shall have received my further Instructions.

If no such Error shall be pointed out by the Bishop or the
Archdeacon, or shall occur to yourself, you will then consult
with thc-n as to the Method by which the Question of Law can
be brought to an Adjudication with the least Delay, Inconve-
nience, and Expense, and with the least Danger of placing the
Local Government in the invidious Position of being engaged
in an open Controversy with the Church of England in the
Province. I trust that some ISIethod will be found of obtain-
ing the Judgment of the Court of Queen's Bench in a Form
which will exclude the Supposition of any unfriendly Feeling
on either Side. On this Subject you will, of course, act under
the Guidance of your Lejcal Advisers. It matters little what
mny be the Shape of the Litigation, if it shall avoid every Sem-

bianco of Hostility, ant! shall be such as to briug the Question
of Law fully to Adjudication in sucb a Manner as will enable
either Party to bring the Cause by Appeal under the Eeview
of the Judicial Committee of the Privy Council.

I have assumed that the Bishop and the x\rc^i deacon would
not think themselves at liberty to surrender the Eights, appa-
rently vested in the Cluirch of England, in deference to the
Opinion of Her Majesty's Legal Advisers, and without the
previous Judgment of the proper Legal Tribunals. I must go
further, and avow my Opinion that such a Surrender is neither
to be asked nor desired. Her Majesty's Government repose
indeed in the Law Officers the Confidence to which their high
professional Eeputation gives them so just a Title ; but I am
persuaded that it would be more satisfactory to those Learned
Persons themselves, as it would be far more agreeable to me and
my Colleagues, that Claims of such peculiar Delicacy and Im-
portance should be decided, not on the Responsibility only of
the Judgment of The Queen's Advocate and the Attorney and
Solicitor General, but on that of the proper Tribunals, after a
full Investigation of all the Facts of tlie Case, and of all the
Principles of Law bearing upon them.

On such Subjects as the present little Advantage is gained,
while much Inconvenience is incurred by Concealment. The
Public at large are so deeply interested in the Result that they
are entitled to know the Progress of the Discussion, when no
positive Injury can arise from the Disclosure; you have there-
fore my Authority to communicate this Despatch or any Pas-
sages of it which you may think it not inconvenient to commu-
nicate to the Petitioners of the Church of Scotland, as the
Answer to their Application. They will perceive that their Re-
quest for the Grant of certoin peculiar Advantages to their own
Church proceeds on an Assumption the Accuracy of which is
yet to be decided, — the Assumption, namely, that the Church
of England has acquired a valid and lawful Title to the Endow-
ments made in her Favour in January 183G, and to the Spiri-
tual Jurisdiction which is sup])osed to be inc ident to those En-
dowments. I have, &c.

(SigntMl) (ilEN£LO.

First Enclosure in No. 'i.

(Copy.)

Downing Street, 12tli April, 1S37.

Sir,— The Statute 31 Geo.3. e.31,s.38, enables Ilis Majesty
to authorize the respective Governors of Lower Canada and of
Upper Canada, Avith the Ad\iec of tlie Executive Council, to
constitute within each Township or Parish a ParHonagc or
llectory according to the Establishment of the Church of
England, and to endow every such Parsonage or Eectory with
so much of the Clergy Eeserves as the Governor, witli the
Advice of the Council, shall judge to bo expedient, under the
then existing Circumstances of such Township or Parish.

The Governor's Commii-sion, dated the 6th of July 1835,
following in this respect the ancient and established Form, au-
thorises the Governor, or in his Absence the Lieutenant Go-
vernor, with the Advice of the Esecutire Council, to erect
Parsonages in each Township or Parish according to the Estab-
lishment of the Church of England, and to endow any such
Parsonage or Eectory with any Part of the Clergy Eeserves,
" subject nevertheless" (to quote the precise Words of the
Commission) " to such Instructions touching the Premises as
" shall or may be given you by Us under Our Signet and Sign
" Manual, or by Our Order iu Our Privy Council, or through
" one of Our Principal Secretaries of State."

Thus the Authority which His Majesty was enabled by
Parliament to impart to tlie Governor was, in fact, so imparted
to him, subject to the King's further Instructions.

From the Date of the Statute 31st Geo. 3. until the Year
1835 the Power of constituting and erecting Parsonages or
Eectorics Avas never exercised in LTpper Canada; but at the Close
of that Year it was called into exercise by the then Lieutenant
Governor Sir John Colborne. The Intention to adopt this
Measure was not communicated by Sir John Colborne to His
Majesty's Government, nor was the Measure itself ever re-
ported by that Officer, having been taken immediately before
his Eesignation of the Government into the Hands of his
successor Sir Francis Head. The total Number of Eectories
thus established appears to have been Fifty-seven.

Having recently received from Sir Francis Head a Eoport
on the Subject, enclosing tho Mimite3 of the Executive
Council of Upper Canada of tlic loth January 1830, I enclose
a Copy of those JVEinutcs. You will perceive from them that
the Council founded their Eecommcndation of this Measure
on a Despatch from Lord Goderich of the 5th April 1832, from
which they quote One Passage. That Passage, however,
is uot accurately described. Lord Goderich is represented in
the Minutes as expressing the Desire "that a moderate Portion
" of Land should be assigned in each Township or Parish
" for ensuring the future Comfort, if not the complete Main-
" tcnanco of the Rectors." On referring to the Despatch
itself it appears that it expressed his Lordship's Opinion that
the greatest Benefit to the Church of England would bo
derived from applying a Portion at least of the Funds under
the Control of the Executive Government " in preparing, as
*' far as may be practicable, for profitable Occupation, that
** moderate Portion of Land which you (Sir J. C.) propose to
" assign in each Parish for increasing the future Comfort if
" not the complete Maintenance of the Eectors." The Dis-
tinction between the Earl of Eipon's Language and the Terms
in which it is thus quoted is important. It conveys no
Signification of His Majesty's Pleasure, nor indeed any In-
struction, respecting the Erection of Parsonages and Eectories,
nor even with regard to the Grant of Land for the Maintenance
of the Clergy. The main Subject of the Passage is the Appli-
cation of certain Funds in preparing for profitable Occupation
certain Lands, and those Lands are indicated merely by a
passing Eefereuce to some Intention entertained and announced
by Sir J. Colborne. The Eccords of this Office contain no
Despatch from Sir J. Colborne in Avhich any Allusion is made
to tho Subject. It may thcroforo be inferred that Sir J.
Colborne's Intentions were made known to Lord Eipon through
some private and unofficial Channel.

The Council however appear to have understood Lord Eipon's
Expressions as such an Intimation of the King's Pleasure as
would justify the Erection and Endowment of Fifty-seven
Eectories. That the words were not designed by his Lordship
to be so understood may with some Confidence be inferred from

the following circumstance :— The Statute 31 Geo. 3. sec. 30
to 40 enables the Provincial Legislature, on certain Condi! iun.s,
to repeal so much of that Act as relates to the Clergy Eeserves.
On the 2l8t of November 1831, that is. Six Months before the
Date of the Despatch to which Eeference is made by the Exe-
cutive Council, Lord Eipon addressed to Sir J. Colborue a
Despatch, in which the Provincial Legislature were invited to
exercise this Power, and he expressly recommended that the
Repeal should embrace all the Clauses in question, amongst
■which are included those which relate to the Erection and
Endowment of Rectories. The Despatch of the 5th of April
1832, was marked " Confidential ;" and it would seem impos-
Bible that Lord Ripon could have designed, by such a Com-
munication, to convey to the Lieutenant Governor the King's
Sanction for neutralizing to a considerable Extent the Effect
of that Repeal which Five Months before his Lordship had
recommended in a Public Despatch.

I enclose for your perusal Copies of the Two Despatches of
the 21st November 1831, and of the 5th April 1832.

The Questions which I would propose for your Consideration
ore the following :

First, Adverting to the Terms of the Statute 31 Geo. 8d. Cap.
31, sec. 3G to 40, and to the Terms of the Royal Commission,
could the Lieutenant Governor, with the Advice of the Execu-
tive Council, lawfully constitute and erect or endow any Par-
sonage or Rectory within the Province without the further
Signification of His Majesty's Pleasure?

Secondly, Can Lord Ripon's Despatch of 5th April 1832 be
regarded as signifying His Majesty's Pleasure for the Erection
of Parsonages, or for the Endowment of them, or for either of
those Purposes ?

Thirdly, Are the Erection and the Endowment of the Fifty-
seven Rectories by Sir J. Colborne valid and lawful Acts ?

Fourthly, If the preceding Questions be answered in the
Affirmative, have the Rectors of the Parishes so erected and
endowed the same Ecclesiastical Authority within their res-
pective Limits as are vested in the Rector of a Parish in
England, or within what other Bounds is that Authority re-
stricted ?

You will have the goodness to consider these Questions iu
consultation with the King's Advocate and Mr. Solicitor-
General, and report to me your and their joint Opinion upon
them. — I have, &c.

(Signed) Glenelg.

The Attorney General,
&c. &c. &c.

Doctors Commons, 8th June 1837.

My Lord, — "We are honoured with your Lordship's Letter
of the 12th of April, stating that the Statute 31 Geo. 3. c. 31.
s. 38. enables His Majesty to authoi-ize the respective Gover-
nors of Upper Canada and of Lower Canada, with the Advice
of the Executive Council, to constitute within each Township
or Parish a Parsonage or Eectory, according to the Establish-
ment of the Church of England, and to endow every such Par-
sonage or Eectory with so much of the Clergy Reserves as the
Governors, with the Advice of the Council, shall judge to be
expedient under the then existing Circumstances of such Town-
ship or Parish.

That the Governor's Commission, dated the Gth July 1835,
following in this respect the ancient and established Form,
authorizes the Governor, or in his Absence the Lieutenant
Governor, with the Advice of the Executive Council, to erect
Parsonages in each Township or Parish according to the Esta-
blishment of the Church of England, and to endow any such
Parsonage or Eectory with any Part of the Clergy Eeserves,
" subject nevertheless (quoting the precise Words of the Com-
" mission) to such Instrnctions touching the Premises as shall
" or may be given you by Us, under Our Signet and Sign
" Manual, or by Our Order in Our Privy Council, or through
*' One of Our Principal Secretaries of State."

Thus the Authority which His Majesty was enabled by
Parliament to impart to the Governor was iu fact so imparted
to him, subject to the King's further Instructions.

That from the Date of the Statute 21 Geo. 3. until the Tear
1835, the Power of consolidating and erecting Parsonages or
Eectories was never exercised in Upper Canada; but that at

tlio Close of that Year it was called into cxorcis6 by llio then
Lieutenant Governor Sir John C'olborno. That the Intention
to adopt this Measure was not communicated by Sir John
Colborne to Ilia Majesty's Govermnent, uor was the Measure
itself ever reported by that Officer, having been taken imme-
diately before his Resignation of the Government into the
Hands of his Successor, Sir F. Head.

That the total Number of Ilectories thus established appears
to have been Fifty-seven.

That liaving recently received from Sir F. Head a Report on J

tbe Subject, enclosing the Minutes of the Executive Council
of Upper Canada of ISth January 183G, your Lordship encloses
a Coj^y of those Minutes.

That we shall perceive from them that the Council founded
tbeir Recommendation of this Measure on a Despatch from
Lord Goderich of the 5th April 1832, from which they quote
one Passage; that Passage, however, is not accurately des-
cribed. That Lord Goderich is represented in the Minutes as
expressing his Desire " that a moderate Portion of Land should
" be assigned in such Township or Parish for ensuring the
" future comfort if not the comfortable Maintenance of the
" Rectors."

That, on referring to tlie Despatch itself, it appears that it
expressed his Lordship's Opinion that the greatest Benefit to
the Church of England would be derived from applying a Por-
tion at least of the Funds under the Control of the Executive
Government '* in preparing, as far as may be practicable for
" profitable Occupation, that moderate Portion of Land which
" you (Sir J. Colborne) propose to assign in each Parish for
"increasing the future Comfort, if not the complete Main-
" teuance of the Rectors." The Distinction between the Earl
of Ripou's Language and the Terms in which it is thus quoted
is important. It conveys no Signification of His Majesty's
Pleasure, nor indeed any Instruction respecting the Erection
of Parsonages and Rectories, nor even with regard to the Grant
of Land for the Maintenance of the Clergy. The main Subject
of the Passage is the Application of certain Funds in preparing
for profitable Occupation certain Lands, and those Lands are
indicated merely by a passing Reference to some Intention en-

-■^l^

toitninccl niul announced by Sir J. Colborne. Tlitit the Eeconis
of tl»o Colonial Ollicc contain no Despatch from Sir J. Col-
borne, in which any Allusion ia made to the Subject. It may
therefore be inferred that Sir J. Colborue's Intentions were
made known to Lord Kipon through some private and un-
official Channel.

The', Council, however, appear to"[^havo 'understood Lord
llipon's Expression as such an Intimation of the King's
Pleasure aa w^ould justify the Erection and Endowment of
Eifty-seven Eectories. That the Words were not designed by
his Lordship to be so understood may, with some Confidence,
be inferred from the following Circumstances:— The Statute
31 Geo. 3. s. 30. to 40, enables the Provincial Legislature, on
certain Conditions, to repeal so much of that Act as relates to
the Clergy Reserves : On the 21st of November 1831, that is.
Six Months before tlic Date of the Despatch to which reference
ia made by the Executive Council, Lord Eipon addreescd to
Sir J. Colborne a Despatch, in which the Provincial Legislature
were invited to exercise this Power, and he expressly recom-
mended that the Eepeal_ should embrace all the Clauses in
question, amongst which are included those which relate to the
Erection and Endowment of Eectories.

That the Despatch of the 5th April 1832 was marked " Con-
fidential," and it would seem impossible that Lord Eipon
could have designed by such a Communication to convey to
the Lieutenant Governor the King's Sanction for neutralizing,
to a considerable Extent, the effect of that Eepeal which Eivo
Months before hia Lordship had recommended in a public
Despatch.

Your Lordship encloses for our Perusal Copies of the Two
Despatches of the 21st of NoYomber 1831 and of the 5th
April 1832.

The Questions which your Lordship is pleased to propose for
our Consideration are the following : —

First, Adverting to the Terms of the Statute 31st Geo. 3.
Cap. 31. sec. 3G to -10, and to the Terma of the Eoyal Com-
mission, could the Lieutenant Governor, with the Advice of
the Executive Council, lawfully coastitute and erect or endow

any Parson.if^o or Kcctory witliiu tlic Provinco williout tlio
further Signifioation of His Majesty's Pleasure?

Secondh/, Can Lord Eipon's Despatch of the 5th April 1S32
be regarded as signifying His Majesty's Pleasure for the Erec-
tion of Parsonages, or for the Endowment of them, or for
either of those Purposes ?

Thirdly, Are the Erection and Endowment of the Eifty-
seven Rectories by Sir J. Colhorne valid and la^vful Acta ?

Fourthly, If the preceding Questions be answered in the
Affirmative, Have the Rectors of the Parishes so erected and
endowed the same Ecclesiastical Authority wuthin their re-
spective Limits as is vested in the Rector of a Pariah in
England, or within what other Bounds is that Authority re-
stricted ?

And your Lordship is pleased to request that we would con-
sider these Questions in consultation, and report to your Lord-
ship our joint Opinion upon them.

In obedience to your Lordship's Commands we have con-
sidered the several Questions, and have the Honour to report
that, adverting to tlie Terms of the Statute 31 Geo. 3. Cap. 31.
sec. 3G to 40, and to the Terms of the Royal Commission,
we are of opinion that the Lieutenant Governor, with the
Advice of the Executive Council, could not lawfully constitute
and erect or endow any Parsonage or Rectory within the
Province without the further Signification of His Majesty's
Pleasure.

Secondly, We are of opinion that Lord Ripon's Despatch of
the 5th April 1832 cannot be regarded as signifying His Ma-
jesty's Pleasure for the Erection of Parsonages, or for the
Endowment of them, or for either of those Purposes.

Thirdly, We are of opinion that the Erection and the
Endowment of the Fifty-seven Rectories by Sir J. Colborne
are not valid aud lawful Acts.

We have, &c.
(Signed) J. Dodson.

J. Campbell.
The Lord Glenelg, R. M. Rolfe.

«&c. (fee. &c.

The opinion of the law olheers having been re-
ferred to Archdeacon Strachan, in accordance with
Lord Glenelg's instructions, that Eev. gentleman
made an elaborate report, in which he referred to
various documents which had not been before the
law officers when they gave their opinion. It will
be sufficient to direct attention to the despatch of
Earl Bathurst of 22nd July, 1825, which is mainly
relied on by the law officers as the authority on
which they declare, in their amended opinion, dated
24th January, 1838, that the erection and endow-
ment of the rectories were valid and lawful acts.

Downing Street, 22d July 1825,
Sir, — I have received His Majesty's Commands to direct that
you do from Time to Time, with the Advice of the Executive
Council for the Affairs of the Proviuce of Upper Canada, con-
stitute and erect within every Township or Parish which now
is or hereafter may be formed, constituted, or erected within
the said Province, One or more Parsonage or Eectory or Par-
sonages or Eectories according to the Establishment of the
Church of England ; and that you do from Time to Time, by
an Instrument under the Great Seal of the said Province,
endow every such Parsonage or Rectory with so much or such
Parts of the Land so allotted and appropriated as aforesaid in
respect of any Lands within such Township or Parish which
shall have been granted subsequently to the Commencement of
a certain Act of the Parliament of Great Britain passed in the
Thirty-first Year of the Eeign of His late Majesty King
George the Third, intituled " An Act to repeal certain Parts of
•' an Act passed in the Pourtecnth Year of His Majesty's
" Eeign, intituled ' An Act for making more effectual Provision
" for the Government of the Province of Quebec in North
" America, and to make further Provision for the Government
" of the said Province,' " or of such Lands as may have been
allotted and appropriated for the same Purpose by or in virtue

of any Tnatrnction ulufli may have been si/cn by His paid late
IMiijesty before the Cummenceincnt of tbo iniid Act, an you
shall, ,vith the Advico of tlic said Executive Council, jud^^o to
be expedient under the exisiin- Circumstauces of such Town-

ship or Parish.

You shall aho present to every such Tarsonage or ]Jectory
or Incumbent or Minister of the Church of England Nvho shall
have been duly ordaiucd according to the Kites of the saul
Church, and supply from Time to Time such Vacancies as may
happen therein.— 1 have, &c.

TkFnjor General (Sigucd) Batuuust.

Sir rcrcgriuc JMaitlaud, K.C.13.

Doctors Commons, 2lth January, 1S3S.
My Lord,— We arc honoured with }our Lordship's Com-
mands, signified in your letter of the 19th ultimo, transmitting
certain Documents which were referred to us on the 12th ot
April last on the Subject of the Endowment of certain Eec-
tories in the Province of Upper Canada; also enclosing a Copy
of the lleport made by us in answer to that Eeference, with
Copies of a Correspondence which has taken place on the
Subject between your Lordship and the Lieutenant Governor
of Upper Canada ; also enclosing a Copy of the Commission
under which the Government of the Province was admiuis-
tered in the month of January, 183G, when the Order of tho
Lieutenant-Governor in Council respecting those Eectories was

made.

Adverting to these various Documents, and especially to the
Eeportofthe Archdeacon of Toronto, accompanying Sir ¥.
Head's Despatch of the 18th of October, your Lordship is
pleased to request that we would report our joint Opinion,
whether the Addition of the material Eact now communicated
to us affects the Conclusion which we adopted and reported
to your Lordship on the 8th of June, and if so, that we would
report the Answer which we would now give to the Questions
proposed in your Lordship's Letter of the 12th of April ; viz*,

" Eirst. Adverting to the Terms of the Statute 31 Geo. 3,
«' Chap. 41. sec. 3U and 40, and to the Terms of the Eoyal
" Commisbion, could the Lieutenant-Governor, with the Advice

1^' of the Executive Council, lawfully constitute and erect or
^^ endow any ParHona-c or Rectory within the Province with-

out the further Sig.iiflcation of llig Majesty'. Pleasure?
u ^^^^^'^'y- <^'i" J-ord ltipou'8 Despatch of the 8d of April
^^ 1832 be regarded as signifying Ilia Majesty's Pleasure for
the Erection of Parsonages or for the Endowment of them,
or ior either of tliose Purj)o,ses ?
^^ " Tiiirdly. Are the Erection and tlie Endowment /the Fifty-
seven Rectories by Sir J. Cdborno valid and lawful Acts ?
^^ J;ourthly. If the preceding Questions be answered in the
^^ Affirmative, have the Rectors of the Parishes so erected and
^ endowed the same Ecclesiastical Authority within their
^^ respective Limits as is vested in the Rector of a Parish
m England, or within wlmt other Bounds is that Authority
"restricted?" ^

In obedience to your Lord«hip\s Commands, we h.rc tho
Honour to report that, adverting to the various Documents
and especially to tho Instructions containotl in Lord Bathurst'J
Despatch to Sir P. Maitland of the 22d July, 1825, referred
to m the Report of the Archdeacon of York (Toronto) and
also to the Terms of the Royal Commission, the who'lo of
which is now before us, we are of opinion,—

1st. That the Lieutenant Governor, with the Advice of tho
Executive Council, could lawfully constitute and erect or
endow any Parsonage or Rectory within the Province without
the further Signification of His Majesty's pleasure

r.,^^' 7^ "? ""^ °^''''^°°' ^^'""^ ^°''*^ ^'P0"'« Despatch of the
oth of April 1832 cannot be regarded as signifying His
Majesty's Pleasure for the Erection of Parsonages, or for the
Endowment of them, or for either of those Purposes.

3d. We are of opinion, that the Erection or endowment of tho
1 Jfty-seven Rectories by Sir John Colborne are valid and law-
lul Acts.

4th. We are of opinion, that the Rectors of the Parishes
so erected and endowed have the same Ecclesiastical Authority
within their respective Limits as is vested in tho Rector of a
Parish in England.— We have, &e.

The Raght Hon. Lord Glenelg, j. Campbell

^''' ^'- ^'' R. M. ROLFE."

TIic forcn^oliipr extracts from (Icspatclics fmd
other oftici.'il dcjciimeiits siiBiciently expliiiti tlie
j)r()('ee(lin<;-.s which were tukcii in Knglaiul after thci
Secretary of State became aware of Sir rioliii
Colbomc's erection and endowment of the Kee-
torics. It may be well to advert very briefly to
the state of feeling in the colony. Shortly after
Sir John Colborne's departure a select Committee
of the House of Assembly of Upper Canada thus re-
ferred to the establishment of Rectories in a report.
" It is with difficulty that the Committee suppress
'* the strong feelings of disgust, indignation, and
" astonishment, which these practices and procced-
" inffs of the Government are calculated to excite."
When the final opinion of the Law Officers of the
Crown, dated 24th January, 1838, reached Upper
Canada, an indignant remonstrance was made by
the Moderator of the Synod of the Presbyterian
Church in Canada, in connexion with the Cliurcb
of Scotland. The letter of the llev. Moderator,
dated 18th July, 1838, is too long for insertion, but
a brief extract will suffice to show the state of feel-
ing which existed in a body which had generally
supported the Govermnent.

" A large portion of the people over whom your
" Excellency holds rule, feel that they have sus-
*• taincd a grievous wrong. Scotchmen and Pres-
" byterians in Canada with deep grief have long
" seen most important rights — the sacred rights of
" the Church of their native land— neglected and

i^i

aiJ

''.

" insulted. With feoVmprA painful in no ordinary
" (l(*;rrcc do tluy now learn tluit acts are proclaimed
*' as legal which directly violate them. The vene-
" rahle body over whom I have the honour of pre-
" siding, participating with their countrymen hi
" their settled convictions of the injustice of these
*' proceedings, participating with them in the painful
*' emotions with which they have filled them, have
" devolved on me the duty of solemnly protesting
*' before your Excellency, before Canada, and the
:| " Empire, against their possible legality or va-

" lidity."

It is only necessary further to observe that the
views of the Rev. Moderator arc in strict accordance
with the legal opinion subsequently obtained by
the Colonial Government in ] 85'2, and which was
signed by Mr. Bethell and Mr. ]\Ialins.

In the first session of the Parliament elected
under the auspices of Sir F. B. Head, when, as l^ord
Durham observed, " he succeeded in putting the
*' question in such a light before the province that
" a great portion of the people really imagined
" that they were called upon to decide the question
*' of separation by their votes," the Kectory
question was taken up, and the House declared
%at " it must unequivocally condemn such a
*' proceeding, under the peculiar circumstances of
" the province, and pending the question as to the
*' disposition of the Clergy Reserves. "

It, however, proceeded to declare that " it

I) 2

" regcards as inviolcable the rights acquired under
" the patents by which Rectories have been en-
'' dowed." These resokitions were proposed in
amendment to those reported by a Select Com-
mittee on the Rectories, which recommended their
immediate abolition. They were carried by asmall
majority after a discussion which lasted about ten
hours, and which was conducted with great keen-
ness. These resolutions were a disposal of the
Rectory question by the 13th Parliament of Upper
Canada, the last that sat before the Union. In 1 840
the Imperial Clergy Reserve Act had been passed
concurrently with the Union Act ; and it was hoped,
and by none more than by the moderate Refonners,
that the question had been set at rest for ever.
For the re-agitation of the question, the Bishops
and Clergy of the Church of England are chiefly,
if not wholly, responsible. During the first Par-
liament of United Canada there was no agitation
on the subject. The rupture between Lord Met-
calfe and the Ministry, which he found in office on
his assumption of the Government, arose from a
difference of opinion on the subject of Responsible
Government. This ultimately led to a dissolution
of the first Parliament, and to the return of a small
majority favourable to the new Ministry. The
Bishops and Clergy thought that the time had
anived to obtain some better terms than those
secured to them by the Imperial Act of 1840. It
appears from a despatch addressed to Earl Cath-

cart by Mr. Secretary Gladstone, elated 28tli Feb-
ruary, 184G, that so early as 28th January, 1844,
shortly after he had got rid of his Ministers, Lord
Metcalfe proposed, that the Clergy Reserve Lands
should be vested in the different religious bodies.
Mr. Gladstone pointed out that the Lnperial Clergy
Reserve Act would have to be amended ; a step
which he evidently contemplated as possible, and
he asked for a good deal of information. His
despatch was referred by Earl Cathcart to the
Executive Council, and on 6th April, 1846, tha.
body recommended the suspension of all sales of
Clergy Reserves; and they further recommended
that the price of those lands, which had been
valued by appraisers, should be increased from 25
to 125 per cent. Even had there been no question
of a favoured C.uurch, these measures would have
excited the greatest alarm throughout Upper
Canada, but in the first Session of the second
Parliament the Bishops had petitioned to obtain
the lands for the Church Societies. The petitions
were referred to a Select Committee, composed of
members favourable to the demands of the Church,
as appeared by their report. In the next Session,
the Chairman of the Committee, Mr. Solicitor-
General Sherwood, proposed an address to the
Crown, with a vie v of procuring a new Act of
the Imperial Parliament authorizing a division of
the land itself, instead of the income arising from
the proceeds, among the religious bodies.

The avowed object was to enaLle tlie Church
Societies to lease the lands, or to hold them at
extravagant prices. The question was not taken
up as a Government measure, but the address was
moved by the Solicitor-General for Upper Canada,
and was supported by the Attorney-General and his
other Upper Canada colleagues. To prove how
unwilling the Eeform leaders were to re-open the
question, reference may be made to the speeches
of two of them who took part in the debate : —

Mr. Baldwin said, " it was to him a source of
" the deepest regret that it was found necessary to
" bring the question under discussion once more
" before Parliament ; he regretted it on account of
" the Church whose name was associated with it,
"and of which he was an humble member; he
" regretted it on account of the province at large,
" but more especially that part of it which had
^' suffered from former agitation, and which, be-
" cause of its more extended connexion with the
" subject, was more susceptible of injurious excite-

" ment Such was the diversity of

" opinion in Upper Canada until at last, and in
" consequence of the whole weight of the Govem-
'' ment being turned toward it, parties were in-
" diiced to support the Bill of Mr. Draper, which
" although it was not sanctioned at home, led to a
'^ final disposal of the question by the Imperial
*' Parliament. It was known that that settlement
" did not please all parties in Canada ; that some

" positively refused to recog'nise it. Now lie (Mr.
^' Baldwin) called upon Hon. members to mark his
" words, that if the question be re-opened former
*' fierce agitation will be resumed, and may end in
'' the total discomfiture of the Church. He would
" again warn them to that effect. . . . He
" therefore pressed on both sides of the House to
" forbear reviving- the question ; he sincerely de-
" precated further agitation on either side, and
" had done all in his power to discourage it among
" those with whom he usually acted."

Mr. Price, who was a Congregationalist, and
who a few years later moved the address for the re-
peal of the Imperial Act, after declaring that he
thought the Clergy Eeserves " one of the greatest
" curses that could have been inflicted on the land/'
and " the chief cause of the rebellion," proceeded
thus : — " That the settlement under Lord Sydenham
" had been considered final, that peace had suc-
*' ceeded the long and fierce conflict, and the country
" was settling down in the hope that agitation on
'^that subject was at an end. Although three-
^' fourths of the people believed that the arrange-
*^ ment was made in injustice, and partiality, they
" quietly submitted as the only means of restoring
" peace to the land."

He went on to declare that '^ vesting the land in
^' Ecclesiastical bodies, was an infliction that the
*' country could not and would not bear;" and that
" it would finally end in the wresting of the whole

—"-fir^m^ jr

'• endowment from tlie Clergy." The address of tlie
Solicitor-General was rejected by 37 to 14, and as
the numbers were small, it seems probable that a
reference to the jom-nals of 1846 would show that
a great many Lower Canadian members abstained
from voting, especially as My. Aylwin, who had
been Solicitor-General in Mr. Lafontaine's adminis-
tration, spoke in favour of the address.

It may possibly cause surprise that after such a
failure on the part of the Bishops and Clergy in
such a Parliament, there should have been an im-
mediate demand for a repeal of the Imperial Act.
The truth is that the people of Upper Canada had
been thoroughly alarmed by the number of petitions
presented by the Clergy, who had been syste-
matically at Avork to procure them. It had been
always held that the Imperial Act was unconstitu-
tional. Lord Goderich had himself made a decla-
ration to that effect, and he and Lord Glenelg had
refused to entertain recommendations to settle the
question by Imperial legislation. Lord John
Eussell had yielded to the urgent request of Lord
Sydenham, made under peculiar circumstances.
If, however, the Imperial Act -were allowed to re-
main on the Statute book, no one could tell how
soon it might be amended to meet the wishes of
the Bishops and Clergy. Mr. Gladstone's despatch
of 28th February, 184G, clearly indicated that an
amendment of the Imperial Act would be enter-
tained. Instead of addressing the Canadian Pur-

liament, petitions might be sent in any quantity to
the Secretary of Slate, and a new Act of Parlia-
ment might be passed before the people of Canada
had even heard of its being in contemplation.
"Whether or not these views were reasonable, it
is certain that the agitation commenced in 1844^
by the Bishops and Clergy of the Chm-ch of Eng-
land, for the amendment of the Imperial Act of
1840, was the signal for a most detennined agita-
tion in Upper Canada, which was manifested by a
general demand from the candidates at the next
election for pledges on the subject. The 2nd
United Parliament was dissolved at the latter end
of the year following the agitation of the Bishops ;
and when the new House met early in 1848, a vote
of want of confidence in the Ministry was carried
by a large majority. The result was the formation
of the 2 ad Lafontaine-Baldwin administration. It
may be proper to remind English readers that it
was found convenient, owing to the quasi-federal
character of the Union, to have a recognized leader
from each section of the United Province in the
Ministry. The individual selected by the Governor
to give him advice as to the formation of a Mmistry,
whether belonging to Upper or Lower Canada,
usually sent for some individual from the other
section, who recommended the subordinate mem-
bers of such section. Thus there was a leader from
Lower and Upper Canada, and the Ministry was
popularly known by the joint names of the leaders.

During the later part of tlie 2nd Parliament, at-
tempts had been made by the Ministry to amend
the Charter of King's College, for whieh a Royal
Charter had been obtained, together with a very
large endowment of public lands, which had been
reserved by the Crown on an application from the
Parliament of Upper Canada, for the education of
the youth of the colony in the higher branches of
learning, no reference having been made to any
particular form of religion. Under the Charter
the whole management of the University was in the
hands of the Church of England. This question
was left as a legacy to the Eeform Ministry by
that which it displaced.

It had received another legacy of even a more
embarrassing character. Both in Upper and
Lower Canada there had been considerable pay-
ments for what were termed "rebellion losses,"
and Lord Metcalfe had issued a Commission of
Enquiry to ascertain the amount of unsettled
claims, and moreover when the Commissioners had
enquired how they were to proceed to distinguish
between loyalists, and rebels, they had been dis-
tinctly told that they were to be guided by the de-
cisions of the Courts of law. On what other evi-
dence men were to be made to undergo some of the
penalties of high treason has never been shown.
Many in England must recollect the excitement in
Canada on the occasion of the Rebellion Losses
Bill, during which the Parliament House was

[

destroyed by fire. One imfortunate consequence
of the violence of the British party in Montreal,
was the removal of the seat of Goverament. It
was only in the year 1850, during the third session
of the third United Parliament that action was
taken with reference to the Clergy Eeserves. It
seems desirable to explain the exact position of
parties at this stage of the controversy.

Although the party known as Reformers had
acted for some years with a great deal of un-
animity; it was nevertheless apparent, that very
wide differences of opinion prevailed, and it was
easily foreseen by some of the most sagacious poli-
ticians that an alliance between the Conservatives
of Upper Canada and the French Canadians was
more natural than one between the latter and the
Upper Canadian Liberals. The French Canadians,
as a party, were extremely unwilling to commit
themselves on the Clergy Eeserve or Eectory ques-
tions. It was unfortunate for those who supported
the interests of the Church of England that
they had not only always kept aloof from the
leaders of the French Canadians, but had acted in
concert with a very small minority calling itself
the British party. In Lower Canada, Mr. Lafon-
taine himself had a strong Conservative bias, and
two of his colleagues. Colonel Tache, afterwards
Sir E. P. Tache, and Mr. L. M. Viger fully shared
his sentiments.

Colonel Tache, who was less reticent than Mr.

T.afontaine, had stigmatised as "fanatical brawlers "
tliat section of tlie Reform party of Upper Canada,
wliicli about 1850 assumed the appellation of
^' Clear Grits/' a term which is still used to desig-
nate the c::tieme section of the Liberal party.
It would j/robably be difficult to point to any
colony where the effect of the secession of the Free
Church fvom the Church of Scotland was more hn-
portant than in Upper Canada. The adherents of
the Church of Scotland, notwithstanding much pro-
vocation, and many bitter expressions, had given
an effective support to the old Family Compact
party in Upper Canada. No section of the popu-
lation had inveighed more loudly than they had
done against the Eectories, but they had been
liberally dealt with by the Clergy Resei*ve Bill,
and they were not disposed to enter on fresh agita-
tion. The members of the Free Church on the other
hand, threw themselves into the extreme ranks of
the opposition, and having a leader of great energy
and talent, Mr. George Brown, they became a
most influential section of the liberal party. Al-
though a formal rupture between the old Reform
party of Upper Canada and the " Clear Grits "
took place much later, yet in 1850 and 1851
frequent attempts were made to embarrass the
Lafontaine-Baldwin administration. It should
therefore be borne in mind that in Upper Canada
there were three parties. Conservatives, Refor-
mers, and Clear Grits. In Lower Canada, at a

later period, a party was organized to act with
tlie Clear Grits of Upper Canada. It has been
generally known as the '' Houge " party, though
it cannot with justice be affirmed that its leaders,
or to the author's knowledge, any of its members
have ever avowed Socialist opinions. There was
likewise a small Conservative party in Lower
Canada, which from the period of the Union had
been in alliance with the Conservative party in
Upper Canada. Such was the state of parties
when under a very strong pressure from public
opinion, it became necessary for the Lafontaine-
Baldwin administration to consider not only the
question of Religious Endowments, but that of the
Seigniorial Tenure in Lower Canada.

The Clergy Reserve question obviously could
not be dealt with by the Canadian Parliament,
iniless the Lnperial Parliament consented to the
repeal of the Act passed in 1840. The first step
then was to procure that repeal, and accordingly
in 1850, resolutions were moved by a member of
the Government, Mr. Price, which were to be em-
bodied in an address to the Crown. That address,
with the despatch enclosing it from the Earl of Elgin
dated 19tli January, 1850, will convey a good
deal of information on the subject, as the former
gives a history of the Clergy Reserve question from
the beginning of the controversy.

Copt/ of a Despatch from the Eiglit lion, the Earl of Elchn
and KixcARiJiNE to the Rij,'ht lion, the Earl Gkky.

Government House, Toronto, July 19, 1850.

Mt Lord, — I have the honour to transmit herewith, in
compliance with the request of the Legislative Assembly, to
to be laid at the foot of the Throne, an Address from that
House to Her Majesty, on the subject of the Clergy Eeserves.
After recapitulating the proceedings of the House of Assembly
of Upper Canada before the union of the Provinces in con-
nexion with this question, it concludes with the prayer, that
Her Majesty will be graciously pleased to recommend to
Parliament a measure for the repeal of the Imperial Act 3 & 4
Vict., chap. 78, and for enabling the Canadian Parliament to
dispose of the Clergy Eeserves, subject to the condition of
securing the stipends or allowances assigned from this fund to
the clergy of the Churches of England or Scotland, or to any
other religious bodies or denominations of Christians, to the
parties now receiving them during their natural lives or in-
cumbencies. It was finally carried by a majority of 4G votes
to 23 ; some of the minority voting against it in consequence
of this reservation.

2. It may be proper, however, to observe, that a much
closer division took place on the passage of the 29th, in the
series of resolutions on which the Address was founded, and
which was thus worded : " Mesolved — That this House is of
opinion, that when all the circumstances connected with this
question are taken into consideration, no religious denomina-
tion can be held to have such vested interest in the revenue
derived from the proceeds of the said Clergy Reserves as
should prevent further legislation with reference to the dis-
posal of them ; but this House is nevertheless of opinion, that
the claim of existing incumbents should be treated in the most
liberal manner." This resolution was opposed by three classes
of persons : Eirst, by those who desire the existing settlement
to be maintained. Second, by those who, though they object
to the Imperial Act of 181<0, and seek its repeal, admit never-
theless certain claims on the part of the Protestant clergy under
the Constitutional Act of 1791. And lastly, by those who are
unwilling to recognize even the claims of existing incumbents.

It was carried on a division by a majority of 2 only ; tlio
numbers being 3G for, and Ul against it.

3. I deeply regret the revival of agitation on this subject, of
•which Lord Sydenham truly observed, that it had been in
Upper Canada the one all-abaorbing and engrossing topic of
interest, and for years the principal cause of tlio discontent
and disturbance which had arisen, and under which the pro-
vince had laboured. The intervention of the Imperial Parlia-
ment in 1840 was doubtless prompted by a desire to settle on
terms which should be equitable and generally satisfactory, a
question which had for so many years disturbed the peace of
the colony. While the iirinciple, however, of an establishment
was abandoned by the Imperial Act 3 & 4 Vict., chap. 78,
which admitted all denominations to share in the proceeds of
the Clergy Eeserves, advantages were given by it to the estab-
lished Churches of England and Scotland in the distribution
of the funds which render them still objects of envy. This
feeling has been increased, as regards the Church of Scotland,
by the large secession from its ranks, which the Free Church
movement has occasioned. I much fear that the result will
justify the disinclination which Lord John Eussell appears,
from the first, to have entertained to any legislation by the
Imperial Parliament upon this question. It is an evil of no
small magnitude on a subject of this nature, that while the
more violent and unscrupulous of the opponents of the existing
settlement are enabled to create a prejudice against it, by
representing it to be the result of Imperial interference in a
matter of provincial concern, its friends are tempted rather to
endeavour to influence opinion in England than to resort to
measures which may strengthen their position in the colony.
I have, &c.

(Signed) Eloiw and Kincardine.

The Eight Hon. The Earl Grey,
&c. &c. &c.

Address to Her Majesty.

Hon. Mr. Price reported from the Select Committee ap-
pointed to draw up an Address to Her Majesty on the subject

of Clcrj::;y Hosorvea, that flipy had drawn up au Address ac-
"Cordiuyly, which was read twice, as followcth : —

To the Queen^e Most ExceUcnt Mojpstjj.

Most Gracious Sovereign : — Wo, your Majesty's most dutiful
•and loyal subjects, tho Commons of Canada, in Trovincial
rarlianicnt assembled, humbly approa'^h your IMajosty, for tho
purpose of representing: —

That the reservation of a largo portion of the public domain
•of the Province, for the support of a Protestant clergy, by an
Act passed in tho 31st year of tho reign of your Majesty's
royal predecessor, King George the Third, has been for many
years a source of intense dissatisfaction to tho great majority
of your Majesty's subjects in Upper Canada.

That it appears by tho last census taken in Upper Canada,
that tho population of that section of the province was in tho
year 1818, 723,332, of which 239,651 are returned as in con-
nexion witli the Churches of England and Scotland, the only
churches receiving any benefit from tho Clergy Eeserve en-
dowment.

That it appears by the last census taken in Lower Canada,
that the population of that section of the province was in tho
year 1844, 078,490, of which only 70,229 are returned as in
connexion with the Churches of England and Scotland,

That the power given by the 41st clause of the above-men-
tioned Act to the Provincial Legislature, " to vary or repeal"
the provisions respecting the allotment and appropriation of
lands for the support of a Protestant clergy, affords sufficient
evidence, that in the opinion of the Imperial Parliament tho
question was one that ought to he settled with reference to
the state of public opinion in the colony rather than to that
in the mother-country.

Tliat in the early settlement of tho Province tlie reserve
lands were of little value, and as no sales had then been autho-
rized by the Imperial Parliament, the question attracted but a
slight share of public attention.

That so soon as the intention of the Government to dispose
of the land reserved in Upper Canada became known, the re-
presentatives of the people of that Province took the whole

.sultjcot into llu'ir most serious fonsidcmtion, nnd with nil
uiiiiiiiinity that prcvaih'd »)U no other ([ucstioii, cndcavoui'Ld
to remove a grievance nnivcrsiilly complained of hy the peoi)lo,
save and except by thoao interested in the maintenance of
Chnrch Establinhinenls.

That in the year 1827 a Bill to anthori/.e the sahs of Cler<:»y
-Reserves and the application of the proceeds thereof to tho
purposes of General Education, was passed throug'.i tho IIouso
of Assembly of Upper Canada, tho division on the second
reading having been 22 to ; that this Bill wiis rejected by
the Legislative Council.

That a dissolution having taken ])lncc soon afterwards, tho
tenth Parliament of Upper Canada met in tho year 1829, when
a Bill for tho sale of the Clergy Reserves and the a])plication
of the proceeds to educational purposes, passed through the
various stages iii tho House of Assembly without a division,
but was again rejected by tho Legislative Council.

That in the yenr 18*30, during the second session of the
tenth Parliament, another Bill containiug similar provisions to
tho former ones was passed by the House of Assembly without
a division, and was rejected by tho Legislative Council.

That a dit^solution having taken place, a new Parliament
met in the year 3831, when resolutions expressing the samo
views were adopted by a large majority in the House of As-
sembly, an amendment proposed by the Solicitor-General liav-
ing being rejected on a division of 29 to 7.

That in the year 1832, during tho second session of tho
eleventh Parliament, an Address to tho Crown prayin» for
tho application of the Clergy Eeservos to educational purposes
was carried by a large majority in tho House of Assembly.

That after tho passage of the Address last referred to, a
message was sent down to the Houso by Lieutenant-Governor
Sir John Colborne, in which his Excellency stated that he had
His Majesty's commands to make a communication to the Houso
of Assembly in reference to the lands set apart for tho support
and maintenance of a Protestant clergy ; that his Excellency
informed tho House that the representations made to His
Majesty and to his royal predecessors, of the prejudice sus-
tained by his faithful subjects in the Province, from the ap-

propriation of the Clergy Reserves, had engaged His IMajcsty's
moat attentive consideration, that Ilia Majesty had considered
with no less anxiety, how far such an appropriation of territory
was conducive either to the temporal welfare of the ministers
of religion in the province or to their spiritual influence, and
that His Majesty invited the House of Assembly of Upper
Canada to consider how the power given to the Provincial
Legislature by the Constitutional Act, to vary or repeal this
part of its provisions, could be called into exercise most ad-
vantageously for the spiritual and temporal interests of His
Majesty's faithful subjects in the province.

That after the reception of the above message, a Bill to re-
invest the Clergy Reserves in the Crown, discharged of all
trusts whatsoever, was introduced and read a second time on a
division of 29 to 7.

That in the year 1833, vluriug the third session of the
eleventh Parliament, a Bill having similar provisions with that
formerly adopted by th.e House, was read a second time on u
division of 2 G to 2.

That in the year 1834, during the fourth session of the
eleventh Parliament, a Bill of a similar character was passed
through its several stages in the House of Assembly by con-
siderable majorities, though opposed with the whole weight of
the Government, but was rejected by the Legislative Council.

That in the year 1835, during the first session of the
twelfth Parliament of Upper Canada, a Bill for the sale of the
Clergy Reserves and the application of the proceeds to
educational purposes, was passed by a majority of 40 to 4, but
was rejected by the Legislative Council.

That during the same session, resolutions were sent down to
the House of Assembly by the Legislative Council, in which
the opinion was expressed, that as the Legislature of the
province had been unable to concur in any measure respecting
the Clergy Reserves, it was expedient to address His Majesty
and both Houses of Parliament, requesting that the Imperial
Parliament should legislate on the aubject.

That the House of Assembly, by a majority of 24 to 12,
thereupon resolved. That the House had theretofore repeatedly
passed Bills providing for the sale of the Clergy Reserves,

and the appropriaUon of the moneys arising therefrom ':o th.e
support of Education, whicli Bills have been rejected without
amendment by tlio Legislative Council. That with the same
view the House had repeatedly made known, by humble and
dutiful addresses to His Majesty, their wishes and opinions,
and the wishes and opinions of His Majesty's faithful subjects
in the province on this highly in.iportant subject, and that
the House took that opportunity of declaring that these
wishes and opinions, both on the part of the House and of
their constituents remained entirely unchanged. That during
the second session of the then last Parliament, his Excellency
the Lieutenant-Governor bv Message informed the House that
he had received His Majesty's instructions to declare that the
representations which had at different times been made to His
Majesty and his royal predecessors, of the prejudice sustained
by His Majesty's faithful subjects in the province from the
appropriation of the Clergy Eescrves, had engaged His
Majesty's most attentive consideration, and His Majesty had
most graciously been pleased to invite the House to consider
hoAv the powers given to the Provincial Legislature by the Con-
stitutional Act, to vary or repeal the provisions which it contains
for the allotment and appropriation of the Clergy Eescrves
might be most advantageously exercised for the spii-itual and
temporal interests of his faithful subjects in the province.
That the House, in compliance with His Mnjesty's wishes thus
graciously expressed, and with the strong and well-known
desires of His majesty's faithful subjects in the province, had
passed a Bill during the then present session to provide for
the sale of the Clergy Eeserves, and to apply the money
arising from such sales to the support of education. That the
said Legislative Council had not passed the said Bill, had not
amended it, and had not passed any other Bill on the subject.

That in the year 183G, during the second session of the
twelfth Parliament, a Bill embodying similar principles to
those repeatedly passed by the House of Assembly was again
introduced, and was carried on a division by a majority of 35
to 5. That the said Bill was amended in the Legislative
Council by expunging all the enacting clauses, and substituting

provisions for investing the Ecscrvea in the Crown, to bo
applied for tlie maintenance of public worship and the support
of religion. That the House of Assembly adopted by a
majority of 27 to 1, certain amendments to the amended Bill
sent down by the Legislative Council affirming the principles
of their original Bill.

That during the same session, a despatch from Lord Glenelg,
His Majesty's Principal Secretary of State for the Colonies to
Lieutenant-Governor Sir Francis Head, was commuuicated to
the House of Assembly in which his Lordship treated the
question as one to be settled by the Provincial Legislature,
and declined to interfere with the deliberations of the Legisla-
ture by offering any suggestions of his own.

That the twelfth Parliament having been dissolved by Sir
Prancis H^ ,d, a general election was held at a period of
great excitement, and the question of the disposal of the
Clergy Keserves appears to have been lost sight of during the
political struggle which ensued. That during the first three
sessions of the thirteenth Parliament, various efforts were
made to settle the question, but without any satisfactory result.
That at length in the course of the third session, a Bill which
had passed the Legislative Council providing for the reinvest-
ment of the said Eeserves in the Imperial Parliament, was
concurred in by a majority of 22 to 21,

That in the year 1839, during the fifth and last session of
the last Parliament of Upper Canada, a Message was sent down
to the House by the Governor- General, the llight Hon. C. P.
Thomson, by which the House was informed, that the Bill
passed during the previous session had not received the Eoyal
Assent, there being an insuperable objection to it on a point
of form. That his Excellency stated, moreover, that in the
• opinion of Her Majesty's Government, the Provincial Legisla-
ture would bring to the decision of the question an extent of
accurate information as to the wants and general opinion of
society in this country in which the Imperial Parliament was
unavoidably deficient.

That another attempt at settlement was made during tho
last session of the last Parliament of Upper Canada, when a

■

Cill pjissod botli IIoiKsoa provitliiig for the sale and dlspo.sal of
the Clergy Ecservcs, wliich Bill having been reserved for the
Eoyal Assent was not assented to by your Majesty.

That on your Majesty's decision, to withold the Royal Assent
from the said Bill, your Majesty's Government submitted to
the Imperial Parliament a Bill providing for the sale and dis-
tribution of the Proceeds of the Clergy Reserves, which,
so far from settling this long-agitated question, has left it to
be the subject of renewed and increased public discontent.

And we humbly beg leave further to represent to your
Majesty, that apart from the objections entertained by the
great majority of your Majesty's subjects in Canada to re-
ligious endowments, by which certain favoured denominations
of Christians are kept in connexion with the State, and thereby
placed in a position of superiority over others, the present
disposition of the revenue derived from the Clergy Reserves in-
vestments is manifestly unjust.

That the entire revenue derived from the investments made
before the passing of the Imperial Act 3 and 4< Victoria,
chapter 78, has been thereby assigned to the Churches of
England and Scotland, to the exclusion of the Wesleyan, Epis-
copal, and New Connexion Methodists, the Eree Presbyterian
Church, the Baptists, Congi'egationalists, and other religious
bodies whose pastors have an equal claim to the designation of
a Protestant clergy w^ith those of the clergy of the Churches
of England and Scotland.

That it appears from the facts above stated, that during a
long period of years, and in nine successive sessions of the
Provincial Parliament, the Representatives of the people of
Upper Canada, wdth an unanimity seldom exhibited in a de-
liberative body, declared their opposition to religious endow-
ments of the character above referred to. That the wishes of
the people were thwarted by the Legislative Council, a body
containing a majority avowedly favourable to the ascendancy
of the Church of England. That the Imperial Goverx^ment
from time to time invited the Provincial Parliament to legislate
on the subject of those Reserves, disclaiming on the part of
the Crown any desire for the superiority of one or more par-
ticular Churches. That your Majesty's Govei'nmcut, in

declining to advise tlio Eoyal Assent being given to n Bill
passed by a majority of one, for investing the power of dispos-
ing of the Eeservcs in the Imperial Parliament, admitted that
from its accurate information as to the wants and general
opinions of society (in which the Imperial Parliament was
unavoidably deficient), the question would be more satisfactorily
settled by the Provincial Legislature. That subsequently to
the withholding of the Royal Assent from the last-mentioned
Bill, the Imperial Parliament passed an Act disposing of the
proceeds of the Clergy Beserves in a manner entirely contrary
to the formerly repeatedly expressed wishes of the Upper
Canadian people as declared through their Eepresentatives,
and acknowledged as such in a message sent to the Provincial
Parliament by command of your Majesty's royal predecessor.

That wc are humbly of opinion that the legal or constitu-
tional impediments which stood in the way of provincial
legislation on this subject, should have been removed by an
Act of tlie Imperial Parliament, but that the appropriation of
revenues derived from the investment of the proceeds of the
public lands of Canadfi, by the Imperial Parliament, will never
cense to be a source of discontent to your Majesty's loyal
subjects in this province ; and that when all the circumstances
connected with this question aro taken into consideration, no
i-eligious denomination can be held to have such vested interest
in the revenue derived from the proceeds of the said Clergy
Eeserves, as should prevent further legislation wUh reference
to the disposal of them, but we are nevertheless of opinion
that the claims of existing incumbents should be treated in the
most liberal manner ; and that the most liberal and equitable
mode of settling this long-agitated question, would be for the
Imperial Parliament to pass an Act providing that the stipends
and allowances heretofore assigned and given to the clergy of
the Church of England and Scotland, or to any other religious
bodies or denominations oF Christians in Canada, and to which
tho faith of the Crown is pledged, shall be secured during the
natural lives or incumbencies of the parties now receiving the
yame, on the same princii)lc that was adopted in the 3rd section
1 , of an Act passed in the third and fourth years of Her Majesty's

reign, chapter 7.S ; subject to which provision the Provincial

ParliamL'iii alioulil bo authorized to appropriate aa in its wisdom
it may tliiuk proper, all revenues derived from the present ia-
vestmcnts, or from those to be made hereafter, whether from
the proceeds of future sales or from instalments on those
already made. '^

We therefore humbly pray that your Majesty will be graci-
ously pleased to recommend to Parliament a measure for the
repeal of the Imperial Act 3 & 4 Vic, chap. 78, and for enabling
tlio Canadian Legislature to dispose of the proceeds of the
Clergy Reserves, subject to the conditions above mentioned.

Lord Elgin lias clearly explained the cause of
the narrow majority on the principal resolution.
In the minority of thirty-four were Mr. Attorney-
General Lafontaine and ^Ir. Receiver-General
Viger. The Upper Canada members of the
Government all voted in the majority. It may
be well to explain here that Mr. Lafontaine went
cordially with his colleagues for the repeal of the
Imperial Act, but there is great reason to doubt
whether the Lafontaine-Baldwin ministry could
have agreed to a Bill for settling the Clergy Re-
serve question. It is worthy of notice that during
the various discussions which took place in succes-
sive sessions of the Canadian Parliament, in all of
which addresses to the Crown on this subject were
carried by large majjorities, the members of ex-
treme views on both sides made unceasing efforts
to extort pledges from the Ministers as to the
nature of the measure which they would introduce
when in a position to propose legislation. Of
cc 'se the Ministers refused to make any declara-
tions on the subject, but the consequence was that

^^r

distrust was evinced towards them in Upper Canada
by the ''Clear Grit" section of the Reformers.
The adoption of the address settled the question
for the time, and a Bill brought in during the same
Session for the abolition of the Eectories was aban-
doned by the i.itroducer. On the 27th January,
1851, Earl Grey addressed a despatch to the Earl
of Elgin, announcing that it appeared to Her
Majesty's Government to be " impossible for them,
" consistently with the principles on which they
" have always held that the Government of Canada
'• ought to Ic conducted, to advise ller JMajesty to
" refuse to comply with the prayer of the address
" of the Assembly."

It had been the intention of Earl Grey to have
introduced a Bill into Parliament during the Ses-
sion of 1850-51 ; but in a despatch, dated 1 1th Jan-
uary, 1851, he made Lord Elgin acquainted with
circumstances under which " Her ^Majesty's Govern-
" ment are compelled to postpone to another Ses-
" sion the introduction of the Bill.'' When the
Canadian Assembly met in 1851, an address of
thanks to Her Majesty for the promise conveyed
by Earl Grey's first despatch was proposed and
carried. No other action could be taken ; but in
that same Session the Eectory question was finally
disposed of under the following circumstances : —
The general feeling among the Beformers of Upper
Canada had always been, that the Eectories had
not been legally established. The conflicting

opinions of the law advisers of the Crown have
been ah'eacly given, and reference has been made
to tlie protest of the Moderator of the Synod in
connexion with the Church of Scothmd in 1838.
Sir George Arthur had directed the Moderator to
be informed that, " if the opinion of the hiw officers
" had been against tlie legality of the endowments
" his Excellency would probably have directed a
'"' proceeding at the suit of the Crown. But Her
" Majesty's Government now considering the Act
" legal, the burden of instituthig the suit is un-
" avoidably cast upon those who wish to void the
'^ patents." This was the state of the question
when it was brought before the Canadian Parlia-
ment in 1851. It had not been contemplated by
any member of the Government to take up the
Rectory question unless in connexion with that of
the Clergy Reserves, and, moreover, it was a most
difficult question to deal Avitli. Had the patents
been indisputably valid there can be no doubt that
there would have been a concurrence of opinion
among the Reformers of Upper Canada to pennit
the existing incumbents to hold the Rectory lands
during their incumbencies, on condition of their
being afterwards sold with the Clergy Reserves,
of which they had originally formed part. But if
the patents were invalid (and a member of the
Government had obtained an opinion from an
English Chancery solicitor that they were), it
seemed on the whole most expedient to have

tlic question referred to the judicial tribunals. This
course was calcuhited to prevent much embarrass-
ment. There was a reasonable hope that it might
be the subject of amicable arrangement with the
supporters of the claims of the Clmrch, and it
would prevent the necessity of making the aboli-
tion of the Eectories a Government measure. It
was very doubtful whether the Lower Canadian
members of the Government could be brought to
support any Bill for voiding patents legally granted,
and the law advisers of the Crown had given their
opinion that the patents in question were legal.
Such was the state of opinion in the Government
when an independent member introduced a Bill in
the Session of 1851 for the repeal of the Rectory
clauses in the Act 31 Geo. 111. cap. 31. The
Bishop of Toronto stated in his letter of 19th
INIarch, 1853, to tlie Duke of Newcastle, that all
that the framcr of the Bill had in view " was to
" destroy the Rectories by dropping the power of
'' presentation, a fraud which was discovered and
" prevented."

No doubt the framer of the Bill had in view
precisely the object ascribed to him by the Bishop,
and it is not improbable that he would have
applied the term "fraud" to the original creation
of the Rectories. However, nothing could have
been fairer than the course taken by the House of
Assembly. The Bill was referred to a Select Com-
mittee of live Upper Canada lawyers, two of whom

were members of the Church of Scothxiid or Free
Cluirch, and strongly opposed to the Eectorles, two
Avcre Conservative members of the Church of Eng-
hnid, one of them, Mi*. J. Ililyard Cameron, its re-
cognized organ in l\arliament. The fifth was ^Ir.
Attorney-General Baldwin, also a member of the
Church of England, but the leader of the lleform
party. The result of the deliberation of the Com-
mittee was a compromise to which the Government
and the opposition were parties. The terms of that
compromise will appear from the Rectory Act, and
from the addrcsa to the Governor, pledging the
House to make good the expenses of obtaining a
legal decision as to the validity of the Eectory
patents. The arrangement was not satisfactory to
the proposer of the Bill, who seems to have aban-
doned it to the Chairman of the Select Committee ;
and it will appear on reference to the Journals of
Canada for 1851, that the two Presbyterian mem-
bers of the Committee opposed the passage of the
Bill. Mr. Baldwin was no doubt the means of
effecting the compromise, and his colleagues in the
Government, and his adherents in the House,
sui)ported the Bill which was denounced by the
"Clear Grit" party.

Copt of an Act to Ecpoal so much of Iho Act of tlio Paklia-
MENT of Great Bvitain, passed in tlio Thirty-first Tear of
tlie reign of King GtEoroe tlie Third, and Chaptered Thirty-
one, as relates to llEcroniES and the Presentation of Incum-
bents to the same, and for other purposes connected with

(iO

such JlKcTDiirEs ; loyutiiur with lliu KicsofiUTioNd ul' Llio
Couiit'il niid Asdoaibly of Canada relative thereto.

■\ViiEUEAS tlie recognition of legal equality among all re-
ligious denomiuationa is an admitted principle of colonial
legislation : And whereas in the state and condition of this
province, to which such a principle is peculiarly applicable, it
is desirable that the same should receive the sanction of direct
legislative authority, recognizing and declaring the same as a
fundamental principle of our civil polity ; Bo it therefore de-
clared and enacted, by The Queen's most Excellent Majesty,
by and with the advice and consent of the Legislative Council
and of the Legislative Assembly of the Province of Canada,
constituted and assembled by virtue of and under the authority
of au Act passed in the Parliament of the United Kingdom of
Great Britain and Ireland, and intituled, " An Act to re-unite
the Provinces of Upper and Lower Canada, and for the
Government of Canada," and it is hereby declared and enacted,
by the authority of the same, that the free exercise and enjoy-
ment of religious profepsion and worship, without discrimina-
tion, or preference, so as the same be not made au excuse for
acts of licentiousness, or a justification of practices incon-
sisleut with the peace and safety of the province, is by the
constitution and laws of this province, allowed to all Her
Majesty's subjects within the same.

And whereas the provisions of the Act of the Imperial Par-
liament of Great Britain, passed in the Thirty-first year of the
reign of His late Majesty King Geoege the Third, intituled,
" An Act to repeal certain parts of an Act passed in the Pour-
teenth year of his Majesty's reign, intituled, ' An Act for
making more effectual provision for the Government of the
Province of Quebec in North America,' and to make further
provision for the Government of the said Province," whereby
the erection of parsonages or rectories in this province accord-
ing to the Establishment of the Church of England, the
endowment of such parsonages or rectories out of the Clergy
Eeserves, and the presentation of incumbents or ministers to
such parsonages or rectories, is vested in the Government of
this province, have been found to give occasion to doubts and

: I,

•ipprolionsioiis wliicli it i'h desirable aliould bo removed by tlio
repeal of the same, under tlio power for that purpose vested in
the Provincial Parliament by the proviHions of the said Im-
perial Act ; Be it therefore enacted, that the thirty-eighth,
thirtjr-ninth and fortieth sections of tlie said Act shall be and
the same are hereby repealed, and that from henceforth no
letters patent shall bo issued in tliis province by the Crown,
for the erection of any such parsonages or rectories, or for the
endowment thereof, out of tlie Clergy Eesci'ves or the public
domain, or for the presentation of any incumbent or minister
to any such parsonage or rectory : Provided always, that
neither such repeal nor anything herein contained, shall in any-
wise affect any proceedings heretofore had, whereby certain
parsonages or rectories were erected and endowed, or supposed
to be erected and endowed by the authority aforesaid, or
whereby certain incumbents or ministers were preseiited or
supposed to be presented under the same authority to such
parsonages or rectories, or any of them, but the legality or
illegality of all such proceedings shall be left open to be adjudi-
cated upon and determined as if this Act had not been passed ;
and provided also, that nothing herein contained shall extend
or bo construed to extend to limit, or in any way affect or
interfere with the provisions of the twenty-seventh section of
the Act of thePailiament of this province passed in the session
thereof held in the fourth and fifth years of Her Majesty's
reign, intituled, " An Act for the disposal of Public Lands."

And be it enacted, that in the event of its being judicially
decided that any of such parsonages jr rectories were erected
according to law, and until a judicial decision shall be obtained
on such question, the right of presenting an incumbent or
minister to such parsonage or rectory, shall vest in and be
exercised by the Church Society of the Church of England
Diocese within which the same shall be situated, or in such
other person or persons, bodies politic or corporate, as such
Church Society, by any bye-law or bye-laws to be by them
from time to time passed for that purpose, shall or may think
fit to direct or ap])oint in that behalf.

Extract from the Journals of Aasombly of Canada, 28tli

July, 1851.
On motion of Iho lion. Mr. lUncks, Hocondeil by the Hon.
Mr. Price, ordered : Tliat the entries in the Jouriial.s of the
House of Assembly of the Province of Upper Canada, of the
r)th February, 1838, relating to the endowment of certain
Ecctorics, be now read, and the same were read accordingly.
The Hon. Mr. Hincks moved, seconded by the lion. Mr. Price,
and the question being put : That an humble address bo pre-
sented to His Excellency the Governor- General, to acquaint
His Excellency that doubts have for many years existed in the
public mind as to the i.gality of the proceedings by which
certain rectories or parsonages were from time to time erected
and endowed within the late Province of Upper Canada. That
in consequence of representations made to Her Majesty's Im-
perial Government on the subject, the opinion of the law advisers
of the Crown was taken by Lord Glenelg, then Principal
Secretary of State for the Colonies, in the year 1837, which
opinion was given on the 8th June of the same year, to the
effect that the erection and endowment of the said rectories
were not " valid and lawful acts." That on the Gth July, 1837,
a despatch was addressed by Lord Glenelg to Lieutenant-
Governor Sir P. B, Head, in which His Lordship states it as
his opinion that some method should be found of bringing the
question to an adjudication with the least possible delay, in-
convenience and expense, and in which he instructs the
Lieutenant-Governor to consult with the Bishop and Arch-
deacon of the Church of England as to the best means of
testing the legality of the endowments in an amicable manner.
That owing to subsequent representations from the Bishop of
Toronto, the law advisers of the Crown were induced to change
their opinion, and to declare that the said rectories were legally
constituted and erected; that this opinion has not had the
effect of quieting the public mind in Upper Canada ; and, that
in order to set the question finally at rest, this House humbly
prays that His Excellency will take immediate steps to bring
the question of law fully to adjudication in such a manner as will
enable either party to bring the cause by appeal under the

Judicial Comniittco of tlio Privy Council, mul this irougo
pledges itself to make pood oil necessary exponaca attendant
on such proceeding. Tlio House divided ; Yeas, 58 ; Nays, 3.

It may not be uninteresting to notice tliat during
the same session in wlileli the Iiectory question
was finally settled, tlie Party Processions Act,
which had been passed hi the year 1843, was re-
pealed with but slight opposition. There was no
division on the i^nd reading, and the 3rd reading
was carried by 30 votes to 10. The Solicitor-
General for Lower Canada, an Irish llonian
Catholic, now Mr. Justice Drummond, spoke and
voted for the repeal, and the names of Mr. Cartler,
and a considerable number of French Canadian
members will be found In the majority.

It may here be convenient to bring the history
of the Rectory question to a conclusion. In the
following year 1853, the writer, being then leader
of the Government, was In England on public busi-
ness. He directed a case to be prepared in order
to obtain the opinions of Mr. Bethell and Mr.
Mallns as to the validity of the pp.tents.

The case and opinion will put the reader in pos-
session of all essential facts. Several of the en-
closures will be found in preceding pages.

CASE.

Under the provisions contained in the B8th and BQth
Glauses of the Blst Geo. 3rd, chap. 31 (a.d. 1791), the King
may authorize the Lieutenant-Governor from time to time
with the advice of his Executive Council to erect in every

Townaliip in Upper Canada one or more Ecctories, to endow
them with certain Lands set apart by tlic statnte known as
Clergy Keserves, and to present incumbents to the same.
Tliese powers remained apparently in abeyance until the 2lst
January/, 1836, when the then Lieutenant-Governor Sir John
Colborne, on the eve of his departure from the Province, two
days before the arrival of his successor Sir Francis Head,
erected and endowed 57 Eectories in Upper Canada. When
their establishment became publicly known, it caused much
excitement in the province, and the subject being brought
under the notice of tlie Imperial Parliament, Lord Glenelg,
then Secretary for the Colonies, not having authorised or even
heard of the proceedings of Sir John Colborne, upon the
receipt of a despatch from Sir Francis Head, enclosing the
minute of Council of the 1 ^th January, 183G, and doubting
tlie legality of the Act, communicated to the Attorney- General,
his Lordship's view of the case and desired the opinion of
the Attorney- General, the King's Advocate and the Solicitor-
General, the establishment of the Rectories being in their
ojnnion (Stk June, 1837) upon the case submitted, not valid.
Tlie case and opinion was transmitted to Sir Francis Head, for
the infc.mation of the Bishop aud Archdeacon, and for the
purpose of ascertaining whether any facts had been omitted
or inaccurately represented in the case referred to the Attorney-
General. Dr. Strachan the Archdeacon of York made a report
in reference thereto, and the same being brought under the
notice of Lord Glenelg, the matter was again submitted to the
same Crown officers, who upon further consideration gave an
opinion dated2Hth January, 1838, on the main points adverse to
their former one.

Counsel will observe, that by reference to the case submitted
by Lord Glenelg, 12th April 1837, the usual commission to
the Governor of the Province, contains the authority which
His Majesty was enabled to give under the 31st Geo. 3rd, to
establish Eectories, &c., subject to such instructions communi-
cated by one of the modes mentioned in the Governor's Com-
mission as may be given in respect thereof. The Executive
Council, under whose advice Sir John Colborne acted, and
whose advice was necessary to the validity of the Act, in their

minute of Council dated 15/7* January, 183G, based their advice
and recommendation upon a despatch of Lord Goderich, dated
the 5th April, 1832 ; no other authority or signification of His
Majesty's pleasure appears to have ever been communicated
directly to Sir John Colborne. It is contended that the des-
patch of 5th April, 1832, was no authority from the King
under the 31st Geo. 3rd, or such instructions under the
Governor's Commission as would authorize Sir John Colborne
to establish the Eectories.

It appears that Lord Bathurst In a despatch dated 2nd April,
1818, being then Colonial Secretary, communicated the Princo
Eegent's Commands to Mr. President Smith, then administra-
tor of Upper Canada, to take the necessary legal measures for
constituting Eectories in every township, the endowing of them
to be a matter of future consideration. And subsjeqviently Lord
Bathurst, in a despatch dated 22nd Juli/, 1825, addressed to
Sir Peregrine Maitland, then Lieutenant-Governor of Upper
Canada, communicated His Majesty's (George the Fourth's)
commands to erect and endow Eectories, &c., quoting the
words of the statute 31 Geo. 3rd, And it is contended that
the instructions contained in these despatches were in full
force in 1836, and legal authority for the Act of Sir John Col-
borne and his Council.

It does not appear however tliat when Sir John Colborne
acted upon the advice and recommendation of His Council,
containea in the minute of Council of 15th Januanj, 1836, such
advice had any reference to, or that the Council, or His
Excellency considered, or were aware of the despatches of Lord
Bathurst, or any other authority, except that contained in Lord
Goderlch's dispatch of Uh April, 1832. It is contended that
the instructions of Lord Bathurst, written in one case 18 and
in the other 11 years previous to the minute of Council of
183G, were communicated for the guidance of Mr. President
Smith, and Sir F. Maitland respectively, and in view of the then
existing state of atlairs in the Province : between the dates of
these despatches, and January 1836, the policy of the Imperial
Government was materially changed in reference to ecclesiasti-
cal endowments, and the Clergy Eesorves set apart under the
Act of 1791, and such change of policy was communicated

to Sir John Colborne aud His Council in various despatches,
particularly in two despatches each dated the 21st Novemlen
1831 — and such change of policy was also communicated
officially to the Provincial Legislature by Sir John Colborne.
It is also contended that if Sir John Colborne or his Coun-
cil were aware of Lord Bathurst's despatches, it is not unrea-
sonable to suppose that they, viewing the change in the
imperial policy which had taken place with regard to the Clergy
Eeserves and Eeligious Endowments generally, the deter-
mination of, aud the instructions from the King's Government
in November 1831, considered Lord Bathurst's instructions, if
otherwise subsisting, as, in effect, revoked and countermanded,
or else they would have referred to them in the minute of
Council of January, 183G.

It is a matter for consideration, that when the change in the
Imperial Policy was intimated to the Provincial Government
by the despatches of 21st November, 1831 : Lord Goderich
deemed it " unnecessanf and " inconvenienf to repeal so much
of the Act of 1791, as related to erecting and endowing of
parsonages, and it may be contended that the change of policy
did nob affect parsonages or rectories : but Counsel will note,
that the policy determined upon was to repeal, in toto, the
provisions of the Act of 1791, so as to prevent all further
appropriations of lands for religious purposes, and to vest all
undisposed of lands then before allotted, in His Majesty to
become part of the Crown Estate discharged of all trusts on
account of the Clergy. By reference to the 38/7* Clause of
Slst Geo. Srd, the Ecctories thereby authorized to be erected
and endowed were to be endowed from the lands so allotted
and set apart. And it is contended that as Lord Goderich
was aware, that monies, proceeds of the Clergy Eeserves,
had been previously expended in erecting parsonages, and
supposing, as he may have done, that some Eectories had
been then erected in Upper Canada, as in fact they were in
Lower Canada, and being desirous to retain the power to
erect Eectories to be endowed from private or other sources,
and the power of presentation, &c. Lord Goderich may,
under these circumstances, have considered it " inconvenient"
to repeal so much of the Act, — and as the reinvesting in the

•^ r™'

Crown, all Clergy Lands prevented the endowment of rec-
tories or parsonages, under the provisions of the Act 1791,
it would appear unnecessary to repeal the bare authority to
erect parsonages, a point merely affecting the domestic polity
of the Church of England. It is submitted that these views
are strengthened by that portion of the despatch of 21*^
Novemler, 1831 (No. 5G), where Lord Goderich says, " a
" provincial statute, embracing these provisions, would I
" apprehend set at rest all the questions respecting the Clergy
''Eeserves." Now one of these questions and a very im-
portant one, was the erecting and endowing Eectories, and
also by the draft of a Bill, sent with that despatch to be laid
before the Legislature, containing no reservation respecting
the Eectories, but repealing the authority to allot any further
lands, and vesting all, previously set apart, in His Majesty by
the following Clause.

" And be it, &c, that all the lands heretofore appropriated
" witliin this Province for the support and maintenance of a
" Protestant Clergy now remaining unsold, shall be, and the
" same are hereby declared to be vested in His Majesty, his
" heirs, and successors, as of his and their original Estate
" absolutely discharged from all Trusts for, or for the benefit
" of a Protestant Clergy, and of and from all and every, the
" clauses and demands of such Clergy upon or in respect of
" the same."

It is contended that when His Majesty's Government
determined upon the contents of the despatches of the 1\st
JSfovemher, 1831, as an effectual means of setting at rest all
questions respecting the Clergy Eeserves, they could not have
intended, that nevertheless Sir John Colborne had authority
by virtue of Lord Bathurst's instructions or any other instruc-
tions at any time, without further signification of His Majesty's
pleasure, to erect and endow one or m,,;'e Eectories in every
township.

The attention of Coimselis desired to the form of the instru-
ment, by virtue of which the Eectory is supposed to be erected
and endowed : on its face, it appears there was no Eeetor in
esse— at the time of its passing the great seal of the Province.
It is contended the deed is void, that there was no person or

p 2

corpon ' 'on to whom the fee did or could pass, or any person
capable of taking it, that the endowment is void, as being
a grant in future, and for uncertainty, that no Eectory or
corporation sole was erected.

The Minute of Council shews that much difficulty had arisen
as to the form of the instrument.

There is no peculiar Law in this Province, different from
that of England bearing on the question, except the 29th
Clause of the Provincial Act : 4 ^ 5 Victoria, c. 100, passed
in September, 1841, and assented to by Her Majesty in Privy
Council, 7th April, 1842.

Since 183G to the present time the legality of the establish-
ment of these Eectories has been the subject of discussion in
the province, both in and out of Parliament, and during the
last Session of the Provincial Legislature an address to tho
Crown was passed authorising the Provincial Government to
try the validity of the 57 Eectories and their endowments
through the legal tribunals. Under these circumstances and
with a view of carrying into effect the intention of the Legis-
lature the opinion of Counsel is required.

Counsel will please carefully peruse the documents subse-
quently copied and noted on the margin.

The questions proposed for the consideration of Counsel are
the following : —

Eirst. — Were the instructions of Lord Bathurst to Mr.
President Smith, notwithstanding the demise of two monarchs,
changes in the Imperial Government, Colonial Secretaries and
Governors of the Province— suifieieut legal authority or signi-
fication of His Majesty's pleasure according to the true intent
and meaning of the Act of 1791, to enable Sir John Colborno
in 1836 to erect and endow Eectories ?

Second. — If answered affirmatively,— Did the change of
Policy determined upon by His Majesty's Government in
November, 1831, intimated to Sir John Colborne, and acted
upon by him, virtually annul or otherwise revoke the instruc-
tions of Lord Bathurst ?

Third. — If the first question be answered affirmatively, con-
sider it in connection with tho minute and advice of the
Executive Council of 15th January, 1S3G, based solely upon

the despatch of Lord Goderich of the 5th April, 1832, are the
erection and endowment of the Eeetories legal and valid under
the same ?

Fourth. — Can Lord Goderich's despatch of the 5th April,
1832, be regarded as a signification of His Majesty's pleasure
to erect and endow Eeetories ?

rifth. — Did the instructions in the Eoyal Commission to the
Governor of the Province, revoke or annul all previous instruc-
tions to his predecessors, and were such instructions without
any further signification of His Majesty's pleasure, sufficient
legal authority to Sir John Colborne under the Act of 1791^
to erect and endow Eeetories ?

Sixth. — Is the instrument erecting and endowing the Eee-
tories void or voidable, or partly so, at law or in Equity, and in
what respect ?

Seventh. — On the whole ease, are you of opinion that the
constituting and endowing the 57 Eeetories are valid and
legal Acts ?

No. 1.

Clauses of Imperial Statute. 31st George the 3rd, chap. 31.

No. 2.
Cop^ Minute of Council.

No. 3.
Cop^ of Case for the Crown Officers.

No. 4,
Opinion of the Crown Officers.

No. 5.
2n(l Opinion of Crown Officers.

No. 7.

Copy of a Despatch from Lobd Godeeich to Lieutenant Govern

nor Sir John Colbobne.

No. 8.
Copy ofDespatchy Lord Bathukst to President Smith.

No. 9.

Copy of Despatch from Lord Bathurst to Major-General Sir

Peregbine Maitland.

No. 10.

Extracts of a Despatch, Lord Godeiucii to Sir John

COLBORNE.

No. 11.
Copy of a Despatch from Lord Godericu to Sir John

COLBOENE.

No. 12.

Province of Upper Canada.

William the Fourth ly the Grace of God, S^c.

No. 13.
Extract from 4 4" 5 Vict., cap. 100.

OPINIONS.

" AVe have considered this case \Yith the attention its great
importance demands. It is unnecessary to answer the several
questions in detail, because upon the whole ease we are clearly
of Opinion that the Acts done by Sir Jno. Colborne for the
.endowment of the Eectoriea in question w^ero beyond his
authority, are not sustainable by the Instructions given to any
preceding Governor, and are therefore inoperative and void.

" The course proposed of bringing the question for decision

before the Courts in Canada by Informations to be llled by the

Attorney General will in our Opinion be available, and wo

recommend that it be adopted.

" EicnAiiD Tjethell.

" Kicui). Malixs."
Lincoln's Inn, May 18, 1852.

A considerable time elapsed before the case
came on for hearing in Upper Canada, and
tlie author, who was then in the West Indies, has
never seen the judgment of the Court of Chancery
which affirmed the validity of the patents. It
seems to have been deemed unnecessary to appeal to

the Judicial Committee of the Privy Council as had
been originally contemplated, and the Rectory Act
having settled all other points at issue, and having
completely disconnected the Government and the
Church, all agitation of the ciuestion has long since
ceased.

About the time that the arrangement was made
for the settlement of the Rectory question, some
im|0rtant political events occurred which re-
quire notice. The most extreme member of the
" Clear Grit " party was Mr. William Lyon
IMackenzie, whose name must be familiar to
those who have read the " Narrative " of Sir
F. 13. Head, as the leader of the Upper Canada
rebellion.

In the session of 1851, Mr. Mackenzie moved
that a Committee be appointed with instructions to
report a Bill for the abolition of the Court of
Chancery, and for conferring equity powers on the
Courts of Common Law. Little more than a year
had elapsed since an important change had been
made in the constitution of the Court of Chancery
with the general concurrence of the profession.
lh\ Attorney-General Baldwin had been the
framcr of the act, and was of course chiefly respon-
sible for it. ]\Ir. IMackenzie was not a member of
the legal profession, and was wholly incompetent
to deal with such a question. His motion was re-
jected by a majority of the House, but the
members from Upper Canada divided, Si for the

motion and only 10 against it. The entire Con-
servative party, including several members of the
legal profession, supported Mr. Mackenzie, and Mr.
Baldwin had the mortification of finding himself
indebted for his majority to the French Canadian
supporters of Mr. Lafontaine, whose constituents
had no interest in the question, as the jurisdiction
of the Court of Chancery was confined to Upper
Canada. Mr. Baldwin at once resigned office,
and announced his dctennination to retire from
public life. During the eighteen years that have
since elapsed, no proposal to abolish the Court of
Chancery of Upper Canada has been entertained.
About the same time a Select Committee, which
had been sitting on the Seignorial question, of
which the Solicitor-General for Lower Canada was
Chairman, made a report. There was a great pres-
sure for legisk tion on the subject, and it was abso-
lutely necessary for the Government to decide as
to its course.

The leader of the Government, Mr. Lafontaine,
had declined to be a member of the Select Com-
mittee, and it was generally believed that his views
on the Seignorial tenure question were much more
Conservative than those of his Parliamentary sup-
porters. To what extent he was influenced in his
decision to retire from public life at the close of
the Session, which was the last Session of the
third Parliament, by difierences of opinion with
his supporters on the Seignorial and Clergy Be

serve questions, must be a matter of surmise. He
assigned no political reasons for liis retirement,
but simply stated the decision at wliicli he had
arrived. Mr. Price, another member of the Upper
Canada section of the Cabinet, had likewise pri-
vately intimated to his colleagues his intention to
retire at the end of the Parliament. Under the
circumstances stated, the Session was brought to a
close as speedily as possible, and soon afterwards
Lord Elgin called on the writer to advise him on
the formation of a new ministry. The result was that
negotiations were opened with M. Morin, who had
been Speaker of the Assembly in the expiring Par-
liament. The task was a difficult one. It seemed
absolutely necessary to conciliate the Upper Canada
" Clear Grits " if that could be done by removing
their groundless suspicions. There had never been
any difference of opinion on the Clergy Eeserve
question among the Upper Canada members of
the Government, but the time had arrived when it
was necessary to come to an understanding with
the Lower Canadians ; and it was expedient, in
order to restore confidence and to secure union, to
introduce into the Cabinet one or two gentlemen
who had been acting with, and who enjoyed the
confidence of the "Clear Grit" members. To this
proposition the Lower Canada members had a
great repugnance, which was not easily overcome.
The result, however, of protracted negotiations
was the formation of the Hhicks-Morin Ministry,

with a programme wliich included an extensive
measure of Parliamentary reform, an Elective
Lcirislative Council, the Secularization of tlie
Clergy Reserves, and the Abolition of the Bcig-
norial Tenure. Besides these questions, the Great
Inter-Colonial Railway, which had originated in
Nova Scotia, demanded immediate attention.

The result of the elections was satisfactory, and
the New ^linistry was soon at work. After jn-o-
tracted negotiations between Canada, Nova Scotia,
and New Brunswick, it was agreed that delegates
from each province should proceed to England to
endeavour to procure the assent of Her ]\Iajesty's
Government to a modification of the proposed line
of Railway to Halifax, which had been made a
sine qua non by the New Brunswick Government.
The writer sailed for England in March, 1852, and
found on his arrival that a change of ministry had
taken place, and that Sir John Pakington was
Secretary of State for the Colonics. The Govern-
ment of the Earl of Derby took a very different
view of tlie Clergy Reserve question from tliat of
Lord John Russell, as the following correspondence
will show: —

Copy of a Despatch from Sir John S. Pakingtox, Bart, to
tlie Earl of Elgin and Kincardine.

Downing-sireet, April 22, 1852.

My Lord,— By a Despatch of my predecessor, Earl Grey, of

the 11th July last, you were informed that Her Majesty's

then servants found themselves compelled to postpone to

another session the introduction into Parliament of a Bill

giving to the Canadian Lcgislaturo authority to alter the
existing arrangement with regard to the Clergy KeacrveH.

2. With reference to that intimation, I Imve now to inform
you that it is not the intention of ller Majesty's present
advisers to propose such a measure to Parliament this session.

3. They have, in the first place, taken into consideration
that, since any opinion upon this diificult subject was expressed
by the Legislature of Canada, a general election has taken
place in the province, and it is as yet uncertain what tlie views
of the new Assembly as to the disposal of the Clergy Eoserves
may be.

4. But, independently of that circumstance, Iler Majesty's
Government feel serious doubts how far they would be able to
give tlieir consent and support to an arrangement, the result of
which would too probably be the diversion to other purposes of
the only public fund, except that devoted to the endowment of
the Roman Catholic Church, which now exists for the support
of Divine worship and religious instruction in the colony.

5. While it appears to Her Majesty's Government that,
under the distribution authorized by the Clergy Eoserves Act,
3 & 1 Vict. c. 78, of the proceeds of the sales of the reserved
lauds, no ground is left for reasonable jealousy or complaint of
undue favour to particular religious denominations, they think
it may possibly be desirable, on account of the chaugcs which
may be effected in the character of the population through
extensive immigration or other causes, that the distribution in
question should from time to time bo reconsidered.

G. Any proposals of such a nature Her Majesty's Govern-
ment would be willing to entertain ; but they are of opinion
that they could only regard any measure which would place it
in the power of an accidental majority of the colonial legis-
lature, however small, to divert for ever from its sacred
object the fund arising from that portion of the public lands of
Canada which, almost from the period of the British conquest
of that province, has been set apart for the religious instruc-
tion of the people, with the most serious doubt and hesitavion
how far they should be justified in advising Her Majesty to
give Her consent to such an enactment.

7. These views on the part of Her Majesty's Govcrnracut,

SL_

with respect to a proposal so deeply and permanently afTectin^
tlie interosts of Canada, cannot but derive additional strength
from the numerous petitions, having many thousand signatures,
which have been addressed both to the Queen and to tlie Par-
liament of the United Kingdom, praying that the existing Act
relating to tho Clergy Eosorves may contiuuo in force. — I
have, &c.

(Signed) John S. Pakington.

Governor the Eight Hon.
The Earl of Elgin and Kincardine,

&c. &c. «&c.

Copy of a Letter from F. Hincks, Esq., ^o the Right Ilonourahle
Sir John S. Pakinoton, £art.

Morley'a Hotel, London, May 3, 1852.
Sir, — I have the honour to enclose a copy of an approved
Eeport of the Committee of the Executive Council of Canada,
dated the 7th ultimo, which I received by the last mail. I have
learned through the medium of tho public journals, that Her
Majesty's Government has determined to take no action in the
question of the clergy reserves during the present session of
Parliament; and however much I may regret that decision,
I am well aware that, under the circumstances, it is irrevocable.
I have already had an opportunity of urging, during the inter-
view with which you were good enough to honour me, the
importance of settling this long vexed question as speedily as
possible. It was my duty to state that the number of those
who insist or the present settlement is very small, and I may
now add, that one of the leading opposition newspapers in
Upper Canada, and in the interest of the Church of England,
has come out distinctly for a new scheme of distribution. I
would press on Her Majesty's Government more formally
what I have already urged in my conversation with you, that
if, as has been alleged, the present Canadian Parliament ia
favourable to the views of the Church of England, it is surely
the best time for that church to procure a settlement that will
be regarded as constitutional. I can assure Her Majesty's
Government with the utmost sincerity, that there will be no

fiTid to agitation in Canada if the attempt bo made to settle
thia question permanently according to the public opinion of
England instead of that of the province itself; and I may add,
that it is well known that many who are opponents of the
secularization of the Clergy Ilcserves are on constitutional
grounds in favour of a settlement by tho Provincial Parliament.
I believe that after the assurance given by tho late Govern-
ment, it will be found impossible to protract very long tho
repeal of tho Imperial Act ; and I have no hesitation in atllrm-
ing that no interests will suffer more by delay than those of
the Church of England. If Her Majesty's Government desire,
before determining on their lino of action on this question, to
ascertain the views of tho present Canadian Parliament, I
would respectfully beg to bo informed of their decision.
I have, &c.

(Signed) Fhancis IIincks.

Sir J. S. Pakington, Bart.
&c. &c. &c.

Enclosure.
Extract from a Beport of a Committee of the TTonoiirahlc the

Executive Council on flutters of Slate, daicd 7th April, 1852,

approved ly his Excellency the Oovernor- General in Council

on the same day.

The Committee have had under consideration the memoran-
dum of the President cf the Committee of Council on tlio
propriety of instructing the Honourable the Inspector- General
to ascertain the views of Her Majesty's Government on the
subject of a repeal of the Imperial Act 3 & 4 Yict. c. 78, in
conformity with the addresses to Her most Gracious Majesty,
from both branches of the Canadian Legislature at its last
session, on the subject of the Clergy Eeserves.

The assurances of Her Majesty's late Government that such
action would be taken, had prepared the people of Canada to
expect that no further delay would take place in meeting their
just wishes upon a question of such paramount importance to
them; the Committee, therefore, recommend that their col-
league, the Inspector-General, while in England, be requested
by the provincial secretary to seek an interview with Her

Majesty's Ministora, and represent to them the importance of
carrying out the j)le(lgcs of their predecegsors on tlic subject
of the Clergy Ecserves, and thus empower the colonial legisla-
ture to deal with the question in accordance with the well-
understood wishes of the people of Canada.

Certified.

(Signed) Wm. II. Lek.

The Hon. Ihc Provincial Secretary,
&c. &c. &e.

Copy of a Letter from the Earl of Desaut to V. Ir^^-crc3, Esq.

Downing Street, IMay 7, 1S52.

Sir,— I am directed by Secretary Sir John Pakington to ac-
luiowlcdgc your letter of the 3d instant, transmitting an
extract fr^^m an approved Eeport of a Committee of the Exe-
cutive Council of Canada, dated 7th April, instructing you to
represent to Her Majesty's Ministers the importance of carry-
ing out tlio pledges of their predecessors on the subject of the
,lergy Eescrvcs.

Sir J. Pakington desires me to inform you, that until the
receipt of your communication he was not aware of the
existence of the Eeport of which you now send him a copy.
Lord Elgin not having as yet transmitted it to this department.
Being thus without any information that you wore officially
instructed to communicate with Her Majesty's G-overnment on
that particular subject. Sir J. Pakington did not think it neces-
sary to announce to you their determination upon it, as he un-
questionably v.ould have done if he had been aware that your
mission to this country was connected with it. I am now
directed by Sir J. Pakington to enclose to you a copy of the
despatch which he addressed to Lord Elgin on the 22d ultimo,
co.nnuinicating the decision of Her Miijcsty's Government.

I have, &c.

V, Iliucks, Esq. (Signed) Desaet.

Copy of a Letter from E. Hincks, Esq., to ^7^e Eight Honourable
Sir JouN S. Pakington, Bart.

Morley's Hotel, London, May 10, 1S52.
Sir,— I have the honour to acknowledge the receipt of a

letter from the Earl of Desart, dated the 7th instant, enclosing
a copy of your despatch to Governor-General the Earl of Elgin
and Kincardine, dated the 22d ultimo, communicating the
decision of Her Majesty's Government on the subject of the
Canada Clergy lleserves, and I have to express my grateful
acknowledgments therefor. It is probable that, as tlie ap-
proved Keport of the Committee of the Executive Council of
Canada was sent to me for the purpose of being delivered to
Her Majesty's Government, it was deemed unnecessary by his
Excellency the Governor-General to transmit another copy;
but you will, I think, find on inquiry, that his Excellency has
communicated to you a copy of a memorandum agreed to at a
meeting of the members of the Council on tlie 25th February,
prior to my departure, by which I was instructed " to press
upon the consideration of Her Majesty's Government the im-
portance of procuring the assent of the Imperial Parliament,
as soon as pohsyiblo, to a Bill for repealing the Imperial Act,
2 & ii Yict. c. 78, providing for the sale of the Clergy lieserves
in Canada, and for the distribution of the proceeds thereof, as
prayed for by addresses from both houses of the provincial
Pai'liament, and for autliorizing the provincial Parliament to
legislate on the subject of those Eeserves."

I trust that the existence of these instructions, followed up
as they have been by the approved Eeport of Council, which I
had the honour to transmit in my letter of the 3d instant, will
be a sulllcient apology for my offering some remarks on your
despatch of the 22d ultimo, which shall be made in a spirit of
the highest respect to Her Majesty's Government. Had the
addresses from the two houses of the Canadian Legislature
prayed for any particular distribution of the income arising
from the Clergy Eeserve Fund, there most unquestionably
would have been grave objections to any Imperial action to be
founded on the opioions of a Parliament which had ceased to
exist. But I would respectfully urge, that tliere can be no
reasonable ground for doubt, that the great majority of the
people of Canada desire that this question, which is one of local
interest, should be disposed of by their own Parliament. I need
not, however, press this point further, because I am well aware
that legislation during the present session of the Imperial Par-

liamcnt is now out of the question, and that before any furtlier
action could be taken by Her Majesty's Government, the new
Canadian Parliament will have had an opportunity of expressing
its views on the subject. Eut I am bound by a sense of duty
to Her Majesty to express to Her confidential advisers, that it
is with the most serious alarm that I have read the concluding
portion of your despatch. Most devotedly attached as I am
to the maintenance of the subsisting connexion between the
mother country and the British American colonies, I cannot
view without grave apprehension the prospect of collision
between Her M.-ijesty's Government and the Parliament of
Canada, on a question regarding which such strong feelings
prevail among the great mass of the population. Such a diffi-
culty is the more to be regretted, because the question of the
Clergy Keserves is the only one, so iav as I am aware, at all
likely to lead to collision. It happens, most unfortunately,
that public opinion in England differs very widely from that in
Canada, on questions at all partaking of a religious character ;
and as the people of Canada are convinced that they are better
judges than any parties in England can be of what measures
will best conduce to the peace and welfare of the province, Her
Majesty's Government will, I trust, perceive that the danger
which I apprehend is at least deserving of the most grave con-
sideration. I cannot have the slightest doubt that the members
of Her Blajesty's Government are actuated by the most earnest
desire to promote the best interests of Canada, and that if they
could be brought to believe that I have given a faithful account
of the state of public opinion tlierc- they would be disposed to
vield their own wishes for the sake of the peace of the colony.
I am quite ready to acknowledge the high respectability of the
petitioners against the repeal of the Clergy lieserves Act. The
bishops, clergy, and an influential portion of the laity of the
Church of England, the clergy and a portion of the laity of
the Church of Scotland, are doubtless in favour of the pre-
sent settlement, which, indeed, confers on the Church of Scot-
land an income wholly beyond its requirements in Canada ;
while the majority of the Presbyterian population neither re-
ceive any share of the endowment, nor desire to participate in
it. While, however, I admit the icspectability of the peti-

tioncrs, I think lliat I am justified in aiTuTOing that tliey do
not re[)rcsont anything liko a majority of tlie population of
Canada; indeed, the very fact tluit they on all occasions
endeavour to accomplish their wishes by appealing, not to their
own representatives in Parliament, but to the Imperial Parlia-
ment, is conclusive proof that they are themselves conscious
tliat their views are not in accordance with public opinion in
Canada. I forbear from entering into the consideration of the
probable action of the Canadian Legislature on the Clergy
Eeaerves question, because I am anxious to impress on Her
Majesty's Government that, although there may be vide difler-
cnccs of opinion among the opponents of the present arrange-
ment as to the best mode of Bottling the question, a vast
majority of the people are agreed as to the necessity of its
being effected by provincial legislation ; and I am awaro that
some of the best friends of the Church of England question
the soundness of the policy which has influenced the promoters
of the petitions lately presented to Parliament to look for sup-
port to their views in England, instead of using their legitimate
influence over public opinion in Canada. I do not by any
means desire to conceal from Her Majesty's Government that,
saving always the rights of existing incumbents, a very strong
feeling prevaiLs, especially in Upper Canada, in favour of the
secularization of the Clergy Eeserves ; but I ought not to omit
reminding them that, altliough it is true tliat the portion of
public lands known as Clergy Eeserves was set apart for the
religious instruction of the people at a very early period, and
when there were very few inhabitants in the colony, it is' like-
wise true that power was expressly given to the provincial
legislature " to vary or repeal " the clauses in the Act 31
Geo. 3., setting apart these lands ; that successive Houses of
Assembly remonstrated against giving effect to them, and that
so firmly were the advisers of His late Majesty King AVilliam
the Fourth impressed with the necessity of getting rid of this
most perplexing question, that Secretary Viscount Goderich,
in a despatch dated 21st November 1831, communicated the
Eoyal instructions that a Bill, framed in England, should be
submitted to the provincial Legislature, for the purpose of
getting rid entirely of the endowment. The people of Canada

know well tho cause of the failure in carrying out the gracioug
intentions of His late Majefjty, as well as their own repeatedly
expressed wishes. The opinions of the mass of the people have
never wavered during the last twenty-five years, although cir-
cumstances have from time to time induced them to pause in
their efforts, in order to concentrate public opinion on questions
more deeply affecting their constitutional rights. I cannot,
therefore, conceive that any action which the Canadian Parlia-
ment may take of the nature referred to in the despatch, could
be correctly designated as the result of an accidental majority.
All the great questions which have been settled in England
during the last fifty years might be said with equal justice to
have been carried by accidental majorities ; and if a supposition
on the part of Her Majesty's Government that any majority
in the Canadian Parliament expressing views antagonistic to
their own was an accidental one, were deemed a sufficient
ground for resisting that majority, I would most respectfully
submit that there would be no security whatever for constitu-
tional government. I am well convinced that Her Majesty's
advisers have every disposition to attach due weight to the
clearly expressed opinion of the people of Canada, and I am
therefore anxious to remind them of, and to urge upon their
consideration the past history of the Clergy Eeserves question,
which I have endeavoured to glance at as briefly as possible.
There is a passage in the despatch to the Earl of Elgin which
seems to me calculated to lead to some misconception. I refer
to the paragraph describing the Clergy Eeserves as the only
" public fund, except that devoted to the endowment of the
Roman Catholic Church." I am not aware that any public
fund has ever been devoted to the endowment of the Eomau
Catholic Church in Canada. "Whatever property may be in the
possession of Eoinan Catholics has been obtained principally
by private donation or bequest, although in some cases there
were additional grants from the Erench Crown, which were
secured to the possessors at the conquest. These grants were
made to communities consisting of ecclesiastics or reli"ious
ladies, either for charitable or educational purposes, or for the
conversion of the Indians. If I am correct in this statement
as I believe that I am, I most respectfully submit that such

S'S

grants as those to v\']ilch I liave rcfcTrcd boar no analogy to tlio
Clergy Reserves, and can scarcely bo considered as a" public
fund devoted to the endowment of the Koman Catholic Church.
I should not discharge my duty to Hor Majesty's Government
were I not to state to them with perfect frankness my views on
another paragraph in the despatch. I refer to that in which it
is intimated that Her M.ijosty's Government would be willing
to entertain a proposal for reconsidering the mode of distri"
buting the income of the Clergy Reserves. I have no hesita-
tion in stating it as my conviction that the Canadian Parliament
will not invite the legislation of the Imperial Parliament
regarding the distribution of a local fund. Any such proposi-
tion would be received as one for the violation of the most
sacred constitutional rights of the people. I am therefore fully
convinced that the future action of the Canadian Parliament
will be essentially of the same character with that which has
been already taken. I can assure you, Sir, that it is with deep
regret that I find myself compelled by a sense of public duty
to urge upon you views which I fear will not meet the appro-
bation of Her Majesty's Government ; but I trust that I have
succeeded in doing so in a respectful manner; and I feel
assured that they will receive the consideration which the im-
portance of the subject demands, and that Her Majesty's
advisers will be guided in their final decision by what they
believe to be for the best interests of Canada.

I have, &c.

(Signed) Fbaxcis Hincks.
Sir J. S. Pakiugton, Bart.,
&c. &c. &c.

Copy of a Letter from the Earl of Desakt to FbaNcis

HiNCKS, Esq.

Downing Street, May 17, 1852.
Sir,-^I am directed by Secretary Sir John Pakiugton to ac-
knowledge your letter of the lo'h of this month, on the subject
of the decision of Her Majesty's Government as to the Clergy
Keserves question, and to thank you for the representations
which you have made to them on this and other subjects allect-

ing the views and interests of tlic people of Canada, on which
they are fully sonaible of the value of your opiuiou.

2. I am to add that Sir John Pakiiigton has not been able
to find in the records of this department any trace of the
memorandum agreed to by the Executive Council on the 25tli
February last, to which your letter refers, having been com-
municated to his predecessor or himself.

I have, &c.

P. Hincks, Esq. (Signed) Desart.

Durino- tlic ensuing session of the Caiiadiiin Par-
liamcnt, it became tlie duty of the writer to move
the followiim- series of resohitions.

1. That whatever differences of opinion may exist among the
people of Canada as to the best mode of disposing of the re-
venues derived from lands known as Clergy Eeservcs, the
great mass of the people will ever maintain the principle re-
cognized by the Right Honourable the Earl Grey, then Her
Majesty's Principal Secretary of State for the Colonies, in his
Despatch of 27th January 1851, to the Right Honourable the
Earl of Elgin and Kincardine, that the question whether the
existing arrangement " is to be maintained or altered is one so
exclusively affecting the people of Canada, that its decision
ought not to be withdrawn from the Provincial Legislature, to
which it properly belongs to regulate all matters coucermng
the domestic interest of the province."

2. That while the people of Canada are devotedly attached
to Her Majesty's person and Government, and most anxious
to maintain inviolate the connexion which binds them to the
great empire over which she rules, yet this House is bound by
a high sense of duty to inform Her JNlajesty, that the refusal
on the part of the Imperial Parliament to comply with the
just demand of the representatives of the Canadian people on
H matter exclusively affecting their own interests, will be viewed
as a violation of their constitutional riglits, and will lead to
deep and wide-spread dissatisfaction among Her Majesty's
Canadian subjects.

3. That this House is well aware that attempts have been

mtulo to iiiducc IIci- Miijcsty's Imperial MiiiisttTs to believe
that tlio present reprc-^cntativos of tlie people of Canada en-
tertain opinions on the subject of tlie rr])cal of the Clergy
Eescrves Act dilTerent from those expressed by the late Par-
liament.

4. Tiiat this House confidently hopes, that when Her
Majesty's IMiuisters shall bo convinced that the opinions of
the people of Canada and of their representatives on this
subject are unaltered and unalterable, they will consent to givo
effect lo the promise made by their predecessors; and this
House is confirmed in this l!o])e by the suggestion in the des-
patch of Ihe Eight Honourable Sir John Pakington, that Her
Majesty's IMinisters are prepared to recommend aniendmenta
to the Impiriid Clergy Iteserves Act, with a view to satisfy tho
wishes of the Canadian people.

5. That this House can scarcely doubt that, the principle of
amending the present Act being admitted, Her Majesty's
Ministers will yield to the strong feeling which pervades the
Canadian people, that any new legislative enactments regard-
ing the Clergy Reserves should be framed by their own repre-
sentatives, instead of by the Imperial Parliament, which, being
necessarily unacquainted with the state of public opinion in
Canada, cannot be expected to concur in a measure that will
give permanent satisfaction to its inhabitants.

G. That this House desires to assure Her Majesty, that in
thus giving expression to the public opinion of the country, it
is actuated by the strongest feelings of loyalty to Her Majesty,
and by a, sincere desire to prevent those lamentable conse-
quences which must be the result of a collision between the
Im.periul and Provincial Parliaments, on a question on which
very strong feelings are known to prevail among tho people of
this province.

The Address founded on the above resolutions
was received in England very shortly before the
resignation of the Earl of Derby ; but a draft des-
patch, which had been prepared by Sir John
Pakington for transmission by the mail, 16th De-

cciiibcr, 1853, was hiid before Parliament, ixud ^^
Sir Jolin moved for its production, justice to lum
requires its insertion lierc»

Draft of a Despatch from Sir John S. PAiciNaxoTC to Govcnior.

General the Earl of Elgin, prepared for transnussiou Uy

mail of IGth Deecmber, 1852,

l>o\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

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-

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-

])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.

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«P^t ■•■'!

The decision of tlie Ministry, which was most
fully concurred in by Lord Elgin, was not to pro-
pose legislation in the expiring Parliament ; but
there was some business of an urgent nature, par-
ticularly a Bill for giving effect to the Reciprocity
treaty, that it was deemed advisable to dispose of
before the dissolution. The House met in 1854,
shortly after Lord Elgin^s return from Washington,
to which place he had been accompanied by the
writer, as the representative of Canadian interests,
during the negotiation of the treaty.

It soon became apparent that there would be an
attempt to carry an amendment to the address in
answer to the Goveraor-General's speech, in which
the Conservatives, Clear Grits, and Eouges, could
concur.

The following despatch from the Earl of Elgin
to the Duke of Newcastle, contains a clear state-
ment of the circumstances which led to a dissolu-
tion of the Canadian Parliament in 1854.

Copy of a Despatch frovi Governor- General the Eabl o/'Eloin
and KiNCABDiNE to the Dukb of Newcastle.

Government House, Quebec, June 22, 1854.

My Lord Puke, — I have the honour to enclose herewith the
copy of a 8i>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

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.

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

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

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<l-

^^ vanced all hi., ehargos, he spoke fo. hours o„

vanons occasions, he circ„late<l all kinds of

immlbills. Message extras, Glohc extras, Emmincr

;^ e- ™, Aort/. Amencan extras, and how many

^^ votes did l„s candidate get?» Why just 23

a S ^ """•', '^'^^''='1 ^y ••' "majority of above'
3^0 over the Conservative candidate, a larger

^^ majority tlian I had ever received before.
■ • In common with the whole Canadian public

" bvT" ,r' »^*°"'^'"»^"' ^'^ course pursued
by Mr. Brown, the leading opponent of the
„ Go^«™>"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.

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

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.