IMAGE EVALUATION TEST TARGET (MT-3) A ^ '1 : 1.0 I.I l:£|2j8 |2.5 |50 "^^ ■■■ 2.0 US u |4 1.8 1.25 III 1.4 II ^ 1111= II J4 . ■«• 6" ► m 71 J>^ ^ 'K^^ ^ :\ ^v \ [V 23 WEST MAIN >< TltSET WISSTER.N.Y. 14!r)*> (7!&) •72-4S0:( \ ■A .-.i -^ CIHM/ICMH Microfiche Series. CIHM/iCMH Collection de microfiches. Canadian Institute for Historical IVIicroreproductions / institut Canadian de microreproductions historiques Technical and Bibliographic Notas/Notas techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D n D D n n D Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommag6e Covers restored and/or laminated/ Couverture restaur^e et/ou pelliculde □ Cover title missing/ Le titre de couverture manque I I Coloured maps/ Cartes gdographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches at/ou illustrations en couleur Bound with other material/ Reli6 avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ Lareliure serr^e peut causer de I'ombre ou de Ea distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. i^tu -■■■ , ' IN A LETTER TO THE RIGHT HONORABLE THE EARL OF LIVERPOOL; BEING AN ANSWER TO TIIE LETTER OF A PROTESTANT OF THE CHURCH OF SCOTLAND, TO HIS LORDSHIP. BY A PROTESTANT. KINGSTON, U. C. PRINTED BY H. C. THOMSON. July, 1826. I L / WLttttVf $((< MY LORD, NOTWITHSTANDING the anthority of the example of '* a Protestant of the Church of Scotland," I feel it necessary to apologize to your Lordship, not on- ly for addressing you anonymously, but also for publish- ing this letter in reply to his, without first submitting it to your perusal. But as he has thought proper to put his letter to your Lordship into the hands of the people of Ca- nada — a letter which contains the most illiberal and unjust reflections upon the Clergy of the Church of England in these Provinces, I am compelled to take the same course, and to place this answer to it also in their hands ; and I do this with the greatest pleasure, feeling persuaded that the more fully the question now at issue is investigated^ the better it will he for the cause which I am about to plead — the worse it must be for his cause. Had he not published here, his false statements would have been un- known — his bad Law and bad reasoning might indeed be detected any where, but his false facts cari only be de- tected here. How be so far forgot himself and the pru- dent maxims by which gentlemen of the Kirk are gene- rally governed, as to give his letter to the Canada pub- lic, is truly passing strange. I have been striving to ac- count for it, but confess the task puts my ingenuity to the question — perhaps he was unconscious of his ignorance of the matters and things about which he ht^d written, ^.nd in that unconscious ignorance printed it — perhaps he was so highly pleased with his performance that he could not be i*estrained, even by the opinion of his friends that it would not be judicious to publish here, from enjoying the plea- sure of seeing himself in print — perhaps it is his maiden speech, and he wished to exhibit it to the world in all i{is maiden loveliness — perhaps he thoug?;t it might prove as 4 instructive to the people here as to your Lordship, and generously resolved to give us the full henefit of its in- structive contents — or perhaps he was of opinion that it might have the good luck of passing off unnoticed, which would enalde him to say to your Lordship that it was published in Upper Canada, was not answered, and there- fore was unanswerable. But by whatever motive his con- duct has been influenced, we have now this precious do- cument before us, and it will argue culpable negligence on our part if it meets your Lordship's e^e without an ac- companying refutation. But it may be, my Lord, that I have liitherto mistaken altogether his motives for publishing — perhaps he really intended to give the Church Clergy and their friends, and even the Independents, &c. a fair opportunity of a repli- cation ; and upon further consideration I am rather incli- ned to this latter opinion, and am almost confirmed in it when I call to mindl that in publishing he has withheld liis real name. Bu^.ng persuaded, no doubt, that no man knows better than your Lordship that a writer's name of- ten weighs much heavier than his argument, he generous- ly renounces all the advantage which his real name might give him with your Lordship in this great argument, and trusts entirely for success to his law, his logic, and hrs liberality of sentiment towards the Church Clergy and the Fanatics ; and being also persuaded that the terrors of a name have often struck terror into the hearts of cham- pions of no doubtful courage, and being willing tlvhich you are hotli a momhrr a 1(1 an ornament, as e(|nally so; and his accompanying; tliis iHHjucst with severe ri'ticctions upon the conduct of (jovern- mcnt in the, distribution of tbe Clcriry reserves is really unaccountable — this is more than indelicate — it is on his part highly injudicious, and discovers such improper feel- ing that it must prove fatal to his application. So we think here. We think also that the dilemma in which he has taken the liberty of placing your Lordship is far from being of a pleasurable nature — if you support the claims of tlie Kirk, which I shall shew tf> be without any foun- dation in law, to a dividend of the Kcservcs, you betray the interests of the Church, and, as I shall also shew, gie great offence to 49-50 of the inhabitants of Canada — Churchmen, Methodists, Independents, Koman Catho- lics, &c. &c. &:c. If you do not sujjport her chiims, then you arci exposed to the sharp point of the other horn of the dilemma, and with which he has in fact already be- gan to push your Lordship, no doubt to make you take the right direction; and your name will be associated with those who propagate Episcopacy by persecuting Presbyterians, with a Lauderdale an Aberdeen, a Pertli, without the benefit of a qualifying negative. Such lan- guage is uncalled for on the present occasion — it contains the most unjust inuendo that ever words contained. There is no similarity between the state of things alluded to in it, and the state of things in the Canadas — There is no persecution here, my Lord — no sapient polemic has been • as yet able to introduce it — and we hope that men of warm tempers will never have it in their power to disturb the present religious tranquility of the country. The lan- guage, the spirit, the silly attempt at reasoning in the letter can do the Kirk no good, and it may arouse, nay it has already aroused a spirit of resistance to her illegal claims, and a conciliatory spirit towards the church, never felt before in these Provinces. If the right of the Kirk to share equally with the Church in the profits of the Clergy reserves, is so clearly founded in-law, as this gentleman supposes, why. instead of writing to your Lordship, do not the Kirk Clergy take the proper sti^ps in the King's Courts to establish that right? Ifthclavr'is with them thoy must succeed, fori trust tliat no man, not even the Kirk folk, can for a mo» ment douht the integrity of our Judges. Let them there- fore make out a good legal title, and their right will l)e legally acknowledged. But if they cannot do this — and they know they cannot — if the law is against them, as ev- ery man who is not " so blind as that he will not see."' knows it is, let us hear no more of their right ia share in the Clergy reserves. That they cannot establish their claim by legal process they know full well, and hence they wish to obtain indi- rectly and by a side wind what they arc convinced they cannot obtain directly and l)y law. But even here, my Lord, they wish still to maintain the shadow of a nation- al Church in Canada, although the substance does not and never did exist — they wish your Lordship to obtain, not a change of the law in their favor, which created the Cler- gy reserves — not an enactment simply to give them a di- vidend of the profits — no, but an enactment declarini:; the rights of the Kirk in Canada. This is really the only clever idea in the wliolc letter^ — The ingenuity of the sub- terfuge io save their little honor, and at the same time inend their circumstances, almost reconciles me to its ille- gality and want of modesty. So then, my Lord, yon are to be put upon the truly honorabie task of obtaining an enactment declaring, contrary to law and fact, that the Kirk is, and always has been since the conquest, as much a national church in Canada as it is in Scotland — but as this would be an empty honor if alone, the enactment is to go farthei', and to say that the Kirk now is and always has been, of legal right, rntitled to an equal dividend "with the Church in the Clergy reserves. This gentle- man must i)e a most staunch believer in the omnipotence of Parliament, when he thinks that by a single word they can, not only create a right, but also cause it to have ex- isted at a time when it did not exist—to cause a thing to be at all times although it had no being at any time. I need not read your Lordship a lecture upon declaratory acts of Parliament, as long and as learned as the gentle- man has done on tl»e word Protestant — You know nearly as much about those thinj^s as either of us. I must, howev- or, (ell my oilier readers, tlaoii2;li your Lurdsliip, that as there U no amhiguity ia the wurdiiig of the Quebec A.ct, by which the Reserves were creuted — an none of the words or phrases have become obsolete by time - as the act lias always been understood in its plain grammatical sense — as it has always been acted upon agreeably to that sense, so as to give the Church Clergy the reserves, to the exclusion of the clergy of tiie Kirk and of all others, no declaratory act is now necessary to explain its meaning or enforce its enactments. I cannot but admire the inge- nuity, the candour, the reasonableness of the gentleman in requesting your Lordship to obtain an enactment by which part of the legal rights of the Church are to be ta- ken away and given to the Kirk, and in pointing out a way in which this may be done under the semblance of law, although at the expence of the Quebec Act, com- mon sense, and the vested rights of the Church. Per- haps your Lordship and the Parliament may deem such a request insulting to your understandings, and a libel up- on your integrity ; but here, my Lord, we arc all quite in raptures with the idea : we think it is the best expedi- ent that ever occurred to the mind of man, by which to obtain, according to law, the property of onr neighbours to make it our own. And if it now succeeds, we can as- sure your Lordship that we are resolved to follow up the idea and to profit by it to the utmost : we therefore wait with great impatience to know the issue of the gentle- man's application. The people here may be willing enough, as most people are, to help themselves at their neighbour's ex- pense — nevertheless when they have, as in this case, no reward or hope thereof in view, they are as im- partial umpires as can be wished, ^lence, if the ques- tion now at issue embraced in its provisions an equal distribution of the profits of the Clergy reserves among all the Ministers of religion, without distinction of sect, in Upper Canada, and among all Protestant Ministers ia Lower Canada, (the Roman Catholics being already pro- vided for in that Province) and were the opinions and wishes of the people consulted, an equal distribution would be most agreeable t« their ideas of justice and neces- 8 slty — or, (litl the question go to give the whole of the pro- fits for the endowment awl support of a College and Pub- lic Schools, it would meet with tlie concurrence of a great majority of the people. But as both these measures ai-e considered now to be hopeless, from a persuasion that go- vernment will never agree to such an appropriation of the reserves — and as the present question is of a totally dif- ferent nature, having for its object the stripping of the Es- tablished Church of one half of its possessions, not for the general good, but for the benefit of the Scotch Clergy, I am fully persuaded that, with the exception of some mem- bers of that communion in the Canadas, the universal voice is against it. If the gentleman of the Kirk, who has made such a mighty fuss about the numbers of the Kirk in Canada, thinks that my opinion is erroneous, d(^ my good Lord, give him some opportunity of putting that opinion to the lest. Instruct His Majesty's Representa- tives to dissolve the present Assemblies, giving as a rea- son that it is the will and pleasure of His Majesty to take the opinion of the people in Canada on this important question — -informing them that the Crown has resolved never to divert tiie Clergy reserves to any other purpose than the support of a Protestant Clergy — that the Scotch Communion, whom His Majesty is informed is very nu- merous in Canada, have applied for a dividend of those reserves — and that if the People of these Provinces are disposed to raise the Clergy of the Kirk to an equality with the Clergy of the Church, His Majesty will most gra- ciously comply with their wishes in that respect, when they are legally conveyed to him through the Provincial Assemblies, by Petition or otherwise. Now, my Lord, if such a measure as this is adopted, and if the members of the Kirk are able to return, I shall not say a majority, for really considering how very few they are that would, be too much to require, but even six members in both Provinces, I for one at least will give my most hearty con- sent to their being put into possession of the good things they now so greedily desire and ardently seek. Such a measure would at once enable your Lordship to ascertain the comparative influence nnd popularity of the Church and of the Kirk. The m. jority, I am certain; would be 9 so ovcrwliclmins; in favour of the former, that your Lord ship would be led to think, either that the gentleman was but litth: acquaiuted, when he wrote, witii the state of public opinion, or that he was disposed to practice upon the easiness of your temper for the purpose of misleading your judgment. Had not the gentleman thought proper to speak con- temptuously of the Church, for the laudable purpose of exalting the Kirk, my arguments would not have run in the channel in which they now do ; ffu* I am aware that the question now before your Lordship is not whether E- piscopacy or Scotch Presbytery is most agreeable to the genius of the people of Canada, but a simple question of right to the Clergy reserves. However, as he has assu- med not only that Episcopacy is not agreeable to the ge- nius of the people here, but that Scotch Presbytery is so, and having already touched the former point, [ will now proceed to ask the gentleman, if Scotch Presbytery is a- greeable to the genius of the people, how comes it to pass that it makes so little progress in Canada ? The Scotch Clergy, at present, meet with move countenance and fa- vour from Government than any other dissenters in Can- ada, and yet several of the other sects are much more nu- merous. Is not this a proof that the opinions of the peo- ple are not generally favourable to the Kirk ? If the peo- ple were very strongly prejudiced in favor of it, would its Clergy stand in need of the strong arm of Grovernment and the Clergy reserves to enable it to spread its influ- ence ? would not the favour of the People open its way as it has opened the way of others ? I grant, my Lord, that the people here need to be assisted in supporting their ministers ; — but they do a little — some of them what they can, others «f them not so much, but what they do is done for the ministers of their choice ; and the fact that there are but five clergymen of the Church of Scotland in this Province, and only four in the Lower Province, and that there are not less than sixty Dissenting cler- gymen of other denominations, is a proof that the minis- ters of the Kirk are not the ministers of their choice. People are not apt to do their utmost to support a minis- try they do not approve, to the neglect of one of which B XliHiii 10 tliey think more liiglily. This is the trae criterion by which to judge wliether or not Scotch Presbytery is a- greeable to tlie genius of the people of Canada. That it is agreeable to the majority of the natives of Scotland and their descendants settled he:3 must be admitted, but these fcm but a very small part of the community, and arc found numerous only in Quebec, Montreal, and Glengary ^n Kingst(fn they are not very numerous. But the great body of the Protestant population are natives of England, Ireland, and of the old Endisb Colonies, now the IJni- ted States, or their descendants born in Canada — and the majority of these are much more favourably disposed to the Church than the Kirk — and those of them who have not a decided predilection to tlie Church are chiefly Inde- pendents, Methodists, Lutherans, &c. These, my Lord, Lave not their religion to &eek, they are not disposed to change, nor will they receive a new one from the Scotch Clergy. And although these sects receive, in their religious capacity, no aid from government — not a penny — not an inch of land — although not one of these sects can say that even two of their ministers are assisted by Government — although they possess no influence, no power but what their numbers, loyalty and good conduct give them — ne- vertheless they maintain their ground, and are likely to maintain it. It must be admitted that some among them are far from being prejudiced in favor of the Church, yet they appear disposed, on this occasion, to rally round her, and to protect her, as well as themselves, against the il- liberal attack which is now made by the Scotch Clergy upon the Church and the Dissenters, alia<« the Fanatics. They now feel themselves called upon to make common cause v/ith the Church. They consider their own claims ypon government full as good as the claims of the Scotch Kirk — claims not founded in law — but in their necessi- ty — in their usefulness — in their numbers — in their good moral conduct — in their loyalty. Even their moderation, in not teazing the government for pecuniary assistance, in not calumniating the Clergy of the Church — ^in not mak- ing an array of their numbers, though so much greater than the Scotch Communion, to intimidate the Church, strongly recommends them to the favor of H'.. Majes- 11 ty. 1 do not mean to say that collectively tlicy are more numerous than the Scotch communion, for that wouiil con- vey a false idea of the numhers of the latter — imt that some of the sects individually are much more numerous than the Scotch communion. The gentleman speaks of the Methodists, and as your Lordship knows something of the religious principles, loyalty and good conduct of that people, I shall notice them in particular. Their con- si^egations in the Canadas, arc to the ci ngregations of the Kirk, at least as thirty to one, and yet, my Lord, even these I am led to think would deem it unjust were a moi- ety of the reserves taken from the Church, and, to the ex- clusion of all others, given to themselves. No doubt it may be said (hat it would be a delicate experiment to put their moderation to so severe a trial as to make them such an offer. It would be so, my Lord, for the good things of this world have many charms, even in the eyes of reli- gious men. But the moderation of these people, notwith- standing their numbers, in not harrassing the government with unfounded claims — in not clamouring for a share of the national loaves and fishes, justifies us in presuming that they would consider it unjust that a dividend of the Clergy reserves should be given to themselves alone, and to the exclusion of all the other sects. Were an equal distribution to be made, they, as well as the Independents, &c. would, 1 suppose, very thankfully accept a child's part of the profits. Such an idea, however, is too chi- merical to be indulged — I believe all the sectaries know it : as therefore no change in their favor is likely to take place, they will not murmur nor complain while the pat- rimony settled upon the Church of England by I^aw is continued to the ministers of that Church, whose temper and character they know — But the moment that patrimo- ny is divided, the moment a second religious establish- ment, on an equal footiug with the Church, is created and endowed, tliey will consider themselves not merely neg- lected, but aggrieved. All the sects acquiesce, some with a good grace enough, others not so gracefully, in the present state of things, because it has long been the law — because they find the Church Clergy, in general, friend- ly and courteous — good landlords — good neighbours. 18 But put other landlords over them — exalt another body over their heads — create a new order of things not known at present to the Constitution or the laws, and even the most moderate may think themselves justified in expres- sing tlieir (iissatisfartion, and they will express it strong- ly. Pardon me, my Lord, for requesting you, without re- gard to the claim of the Kirk, to have ttiis bone of conten- tion put aside — either by an enactment dividing the re- serves in certain proportions among all the churclies and congregations, without distinction of sect, or by endow- ing a College and Public Schools— or by distinct^"/ as- suring us that the reserves shall be applied to the support of the Church Clergy , according (o the law now in force, and in no other manner or way whatsoever. But before I proceed, and to prevent misunderstandings 1 shall do that justice to the members of the Scotch com- munion in Canada^ which they have forgotten to do to the Church communion, and otlier protestant denominations. Although the former denomination are far from being nu- merous, they are, however, in proportion to their num- bers, as useful, as moral, and as industrious a class of people as any among us ; they are also, generally speak- ing, loyal and good subjects of His Majesty, and firm supporters of the government. In all these estimable qualities they are equal, though not superior, to many of their neighbours ; and had they, instead of talking of their rif;ht8 as a national Church, of which our laws, nor the Quebec Act, nor the act of Union, in reference to the Colonics, know nothing whatsoever — and of their num- hers, which arc so much exaggerated, made this the ground of their application, they could have made out as good a case (though not a better) as any other body of Dissenters. It was really unwise to abandon this their best, their only ground of claim, and to assume other grounds altogether untenable. ' But as this would only ])lace them on a level with all other orderly Dissenters, they were not disposed to urge it in their own favor, and I doubt much whether they would even go up to possess the J »mised land of the reserves, if it could not be ob- tained on more agreeable terms than walking cheek by jowl with the other Dissenters. They possess an honor- . 18 able ambition, my Lord ; sometbin;; of tbe spirit ol' Alex- ander, who would not contend in the race except with Kin^s. They would think it scorn to compete with a- ny Church but with the national Church. If they fall in such a conflict they fall with honor — if they conquer, ho- nor, and what is better — what, although it cannot set a leg; can pay a surgeon — money will crown the victory. To obtain this, my Lord, they violently assail the Church, traduce her Clergy, her Episcopacy, and make her num- bers appear insignificant ; while, on the other hand, Scotch Presbytery is exalted, its numbers exaggerated — the great good achieved by its Clergy, not here, but in Scotland, extolled, and the great good which its Clergy may do here, with the help of one half of the Clergy re- serves, predicted — The gentlemen are, perhaps, the most stlrrdy, unreasonable, and injudicious applicants your Lordship ever met with. I mean no offence, my Lord, They think it unreasonable, nay think it unjust, that the Church folk, who compose, as they say, but 1-lS of the population, should have the whole profit of tbe Clergy reserves— -but their plan of distribution will lessen the unreasonableness and injustice by not so much as ano- ther l-13~rcall it so much however— say that the Church and Scotch Communion make together 2-12 of the Pro- testant population, then the other 10-12 must be Indepen- dents, Methodists alias Fanatics, &^c. Now this 10-12, whose title, even by his own interpretation of the act of Union and the Quebec act, is equally as good as the title of the members of the Scotch Communion, for they are all subjects of the United Kingdom, can, according to his i- deas of reason and justice, be excluded without any vio- lation of the principles of reason or the rules of justice. He gives two rules by which they all are compreliended — they are Protestants, they are subjects of the United Kingdom, and under the 4th Article of Union entitled to all the advantages of that article, which he interprets as comprehending a right to share in the Clergy reserves, and then immediately excludes them from the benefit of these rules — not for the benefit of the Church, but of the Kirk, for he is so reasonable and just as to deprive the Church clergy of a moiety of the reserves, not for the be- 14 iiefit of all Protestants, but that ihvi Kirk may obtain the other moiety. But were they themselves sole legal pos- sessors of those reserves, as the Church clergy are — did they hold the whole under the authority of an act of Par- liament, as the Church clergy do ; and were the clergy of the Church placed exactly in the situation in which the Kirk Clergy are now placed — and were they to set up such claims as the Kirk Clergy now do — they of the Kirk would think it very unrensonable and very unjust to be dt^prived, per force, of a whole moiety of those re- serves, or even of the value of a Scotch herring, for thd benefit of the Church Clergy. The gentleman is quite right when be tells your Lord- ship that an application was made to His Majesty's go- Ternment in 1824. by the Assembly of Upper Canada, to grant pecuniary aid to the Scotch communion in this Pro- vince, and it gives me great pleasure to see the dreary "Waste of his letter enlightened by even one solitary ray of truth ; and 1 am so generously disposed as to give ^he Scotch communion in Canada all the advantage that this fact can afford them. But, my Lord, if I can show the Assembly, through yonr Lordship, that they did not un- derstand the case which was then considered by them— that the foundation upon which they built their applica- tion was a false one — that in fact they entirely misunder- stood the nature of the act of Union, I am sure they will not only pardon, but also tliank me for so doing. The proceedings of the Assembly on that occasion are now be- fore me, and as in those pvoceedinfts, and also in the gen-« tleman's letter to your Lordship, the claims of the Scotch Clergy to a share in the Clergy reserves are founded up- on the act by which England and Scotland became on© united Kingdom, if I can remove this foundation from be- neath their feet, they will then have no other footing up- on which to stand but what is common to all the other Dissenters in the Canadas — This, my Lord, I shall now do in very few words. I need not inform your Lordship that the act of Union ■was merely a civil contract, and that it left the Ecclesias- tical rights of both nations in the same state in which it found them. How it could ever come into the heads of 15 tlie Scotch communion in this country to suppose that, by Tif tue of the 4tli article of Union, which refers merely and only to the rights of trade at home and to the plantations, Ecclesiastical rights are also conveyed to the Kirk, is to me matter of no small surprise. The gentleman rdies chiefly upon the •Ifth article, which is as follows : "That all the subjects of the United Kingdom of Great Britain shall, from and after the Union, have full free- dom and intercourse of trade and navigation to and from any port or place within the said United Kingdom, and the dominions and plantations thereunto belonging ; and that there be a communication of alt other rights, privile- ges, and advantai^es, which do or may belong to the sub- jects of either Kingdom ; except where it is otherwise expressly agreed in these Articles.'^ Now my Lord, here is not one word about the Kirk or Ecclesiastical rights — whatever rights are conveyed by this article are common rights to all the subjects of the United Kingdom, without distinction of sect, [f there- fore the Scotch Clergy interpret this article aright, which I assert they do not, then even by their own interpreta- tion they possess no rights whatsoever that are not com- mon to all the subjects of the United Kingdom — the rights of all, under this article, are equal, and equally guaranteed to all ; but these are not Ecclesiastical rights^ but the rights of trade. This being the case, all that is said by the Assembly and gentleman about the equal Ecclesiastical rights of the Churches of England and Scotland, in countries conquer- ed since the Union, falls to the ground — its foundation i» removed. Whatever Ecclesiastical rights, therefore, ei-. thcr of them possess in the Colonies, such as endowments of lands, &c. must be rights created by special acts, ei- ther of the Imperial or Colonial Legislatures. Simple conquest gives no such rights to either. The right of the Church of England to the Clergy reserves is not founded upon so insecure a basis, but upon an act of Parliament, and her Clergy take under that act, not because they are the established Clergy, but because they are mentiom^d in the Quebec act It is not the law of force, which although it may destroy a national Church; that can create one^ but 16 an act of the Legislature.^ Can the Church of Scotland make it appear that by any act of the Imperial Parliament, or by any Colonial act, she was ever yet created a Colo- nial established Church, jointly with, superior to, or sc- parate from the Church of England ? She cannot do so. The Church of England herself, is the Established Church of England and the Colonies by special acts of the Imperial Parliament, by Colonial acts which have re- ceived the Royal assent, and by the endowment of lands for the support of her Clergy, But the Church of Scot- land claims to be a national established Church here, not by an act of the Imperial Parliament or any Colonial Legis- lature, l)ut by construction. 1 have formerly read of con- structive crimes and treasons, and must confess 1 always disliked such things — but of a constructive established church I never read until just now — and whatever plau- sibility there may have been for the former, there is not even a shadow of it for the latter. Look at their argu- ment, my Lord — if it does not instruct, at least it will a- muse you. By the 4th article of Union all the subjects of the United Kingdom of England and Scotland have equal rights of trade within the United Realm and to the Plantatiohs, and all other rights and privileges which do or may belong to the subjects of either Kingdom, except where it is otherwise expressly agreed in those articles ; but all the subjects of either Kingdom are composed not only of Catholics and Protestants, Kirkmen and Church- men, but also of Seceders and Independants, of Burgers and Methodists, of Antiburgers and Baptists, &c. &c. all of whom enjoy under this article equal rights — therefore the Scotch Clergy alone have an equal right to share with the Church of England in the Canada Clergy reserves — therefore the Scotch Church is an established Church iu Canada ! There is logic for you, my Lord — The rights of all the subjects of the United Kingdom are equal rnd unequal, from the general rights of all to trade, the par- ticular rights of hfeiv to the reserves are inferred. But, my Lord, if the 4th article of Union conveys equal rights to all the subjects of the United Kingdom, and if Ecclesi- astical rights are conveyed by the same article, then all the subjects of thfi United Kingdom, whether ludepen- 17 dants, Methodists, &c. possess, on that ground, as good a title to the reserves as the Clergy of the Kirk of Scot- land. This, however, is all tnooni^hine, without a parti- cle of heat in it — and as a proof it need only be observed, that even the Clergy of the Kirk do not enjoy a commu< Lity of rights witli the Church, either in England or the Colonies, any more than the other Dissenters. The bargain made by the Scotch, at the Union, was in itself, and without giving any constructive interpretation of its articles, suflSciently good — l)ut not quite so good as they now pretend. They looked no farther at that time, as to matters of religion, than the security of Presbytery at home. They were apprehensive that the power, rich- es, and influence of England would enable her, after the Union, to introduce that terrible thing, Episcopacy ; and to remove those fears, the clauses guarding their national religion, within the realm, were introduced. But none of these clauses look beyond the Tweed, much less beyond the Atlantic. A right to trade to the Colonies was grant- ed to Scotland, and he is a most ingenious casuist in- deed^ who can infer from such a right a right to the Cler- gy reserves. The real solid gold gained by the rights of trade have inspired the Scotch with the most pleasing Ecclesiastical dreams, from which it is time to awake them, by saying that as. they claim a share in the Clergy reserves as matter of right, they shall receive just as much, and no more, as they establish a title to by due process of. law. The Quebec Act, by which the Clergy reserves were created, comes next under consideration, and the gentle- man places great reliance upon his own interpretation of the word Protestant, in that act, the contradictions in his reasoning on the meaning of that word to the contrary not- withstanding. He says that the Church, the Kirk, the Independauts and Methodists are all Protestants— but the term Protestant, in its application to the last, possesses not the magic [K»wer of giving a title to the reserves — in its Application to the Kirk, it possesses the magic power of giving its Clergy a title to one half of those reserves ; and in its'application to the Church, it operates most magical- ly too, so as to leave her in possession of only the other c 18 lialf. It happens, however, that liis learning is all thrown fiway on the present occasion ; for, as the Church VXer^ gy do not claim the reserves merely on the ground of their being the Clergy of the Church of England, as by law established, but because they are named in tlie act — so neither do tbey claim the reserves merely because they are Protestants, a name which they bear in common with many other churches, but because they are named in this act — The act does not mention the clergy of the Kirk, nor the Independants, &c. nor does it make any provision for their support — as therefore they are not named, they are not comprehended — they are excluded. As therefore by the very wording of the Quebec act, the Kirk and tlie other Protestant denominations are exclu- ded, what must be the feelings of His Majesty's subjects in these Provinces, should any new measure be hereafter adopted to afford assistance to the Ministers of Religion in the Canadas, in which the other Dissenters as well as the Kirk shall not be compreiiended ? Will they not have cause to say, " although our claims are equally well founded with the claims of the Scotch communion — al- tho' we are equal to them in loyalty and every other good quality, and much suprrior in numbers — altliough there are no reasons of state which can instifv the Government to assist the Kirk, which ai*c not found in our case, and in a much greater degree — nevertheless we are disregar- ded — unnoticed — unassisted— and why? —not because we are not equally necessitous, equally useful, equally loyal, but because we have not, as the Kirk Clergy have done, stunned the' ear of Government with applications — be- cause we have been modest, passive and submissive — be- cause \ e have had no friend in court to speak for us — we did not urge our claims because we were led to believe that the law stood in our way — because we thought it reasonable that the King should provide for the clergy of his own religion — we did not, like the Kirk, although se- veral of our sects really are what the Kirk really is not, much more numerous than the Church, intimidate her with an array of our numbers, traduce her clergy, or strive to lessen their influence, or bring them into contempt — r. nevertheless the Kirk is provided for, and we are neglec- 19 let! — the law which stood in our way, aiitl in theirs also, is now, for their benefit alone, set aside — or the national treasury has been opened for their support —the patrimo- ny of the Church, which wc supposed to l)e unalieualde, is, but not for our benefit, parcelled out — A Kirk of which we know but little, and regard still less, is raised over our heads, and placed upon an equality with (he old na- tional Church establishment, with which we have long li- ved iu harmony and love : and all this without any real Becessity or apparent advantage to either religion or the state. But she was pressing — importunate — clamorous — She had also friends who could extenuate her faults, and exaggerate her merits : while we, poor souls, quite hum- ble and respectful, but destitute of friends, are left just where we were in reference to pecuniary aid for our min- isters> but in a much worse state in reference to our feel- ings ; for before this change we had but one dominaot Church, the Clergy of which, in general, conducted them- selves so courteously that we hardly felt their superiori- ty ; but we cannot but feel deeply mortified, at seeing this new clerical establishment created from a church, which a few days ago was on a level with ourselves.'^ I greatly fear, my Lerd, that to grant any part of the pro- fits of the reserves, or any other aid, to the Kirk Clergy in Canada, would be productive of more bad feeling and discontent, than any good arising out of it would ever compensate. I say this not out of ill will to the Kirk, but give my opinion as an honest man — I repeat it, there- fore, that while the favour of His Majesty is confined to the Clergy of his own religion, the people will view it in the most favourable light— but they will not be equally moderate in their views, if favours of such great magni- tude as those now sought by the Kirk, are extended to her to the exclusion of all other Dissenters ; and also to the prejudice of the established Church. It is well known here, that without the aid of Government, the Clergy of the Kirk can make but little progress in this country, and their present application is a proof of it ; and Avhcther e- ven with that aid they shall be able to succeed to any great extent, is rather doubtful. The rigid Calvinism of their creed forms an insurmountable barrier in their way. and the doubtful orthodoxy of sonic of their Clergy is ra- ther against them. Hut be this as it may, one thing is clear enouj;h, tliat without help from the Treasury, they must remain in "statu quo — Now, my Lord, I strongly question the propriety of granting them money to extend their influence. Witliout it, it is true, they cannot put down the Church ami the Fanatics, or convert the neu- trals — without such aid, their own humble merits, and ta- lents^ and zeal, cannot enable them to plant the Kirk and form schools in every town and village in these Provin- ces. ' Do, therefore, my Lord, give them the command of that golden key which possesses more magic virtues than AUaden's lamp. But proceed, as of course you will do, according to law. Get an act passed intituled ^' an act to grant certain sums of money therein mentioned to the Clergy of the Kirk in Canada, for the purpose of enabling the said Clergy, to establish Scotch Presbytery in the Ca- nadas, to the suppression of Episcopacy and Fanaticism in said Provinces, and for other purposes." By doing this, my Lord, you will give content to 1-50 of the inha- bitants of Canada, and secure to yourself and the Go- vernment the ill will of the remaining 49-50 of the peo- ple. I cannot readily bring myself to believe that the gen- tleman wrote for the express purpose of misleading your Lordship, (his readers here he could not mislead) al- though some of his statements cannot be accounted for on any other supposition. How can we, on any other sup- position, account for his telling your Lordship that it is generally admitted that the Kirk communion is more nu- merous in British North America than the Church com- munion, when the contrary is not only generally admitted here, but also universally known ? From Kingston to the utmost bounds of our possessions, to the Pacific and the pole, there is not one solitary congregation of the Scotch communion — of the Church communion there are many. In the whole of Upper Canada there are but five Scotch Clergymen— of the Church there are twenty-seven. In Lower Canada there are but four Scotch Clergymen — of the Church there are twenty-four — and they have all, in both Provinces; consideriDg the number of other deuunii- 21 nations with wiiicli they arc suiTouudcd, tolorable con- g;re£;atioiis — some ratht'i* iuimeruue misled by the false and infla- ted statements of the gentleman, and might be disposed to put an extinguisher upon the claims of the Kirk, by pe- titioning His Majesty to apply the reserves otherwise tliau according to their wishes. But the reasons he has given discover more stateliness nnd bad temper than truth or modesty. Examples of stateliness — I'he Legislature ^f Upper Canada do not un- derstand or disregard iliQ rights of the Scotch Church — Equally stately and insulting. A regularly orckiued lis Pro- ;e Diar- ; first li- While, ^ a na- les of a that an - of the tain the B inis;ht d more of Up- 54— that ?sin the night be uut dis- ege and r time to tlip Ma- ^ of his r)ny set- hi8 late !al state •of their vepsiott absence small- y here, otestant d infla- )osed to by pe- se tliaa teliness pies of not un- lurch — rdaiued Scotch Clergyman must, like other Dissenters, procnrc authority to celebrate matrimony — Degrading legislative mark of a constructive national Kirk. The I^egislature of these Provinces have no power to abrogate the nation- al rights of the Kirk of Scotland — it would be wnworthy 6f her that her rights <»hould be declared by a?iy authority but by the Imperial Parliament — Equally wise and state- The undisguised resentment is however reserved for the Legislative Council ; for they are all Episcopalians — but even here general censure could not satisfy him, he must select one individual from among the flock, at whom to aim his deadly shaft — one who was formerly a Pres- byterian, but who now uses his pen and influence against the Church of his native country. From the general tone ef the gentleman's letter, as well ts from tlii] particular part of it, I am led to think that he is a very great enemy to Episcopacy, and of course, and by sympathy, to all Episcopalians — no matter how they became so, whether from education or conviction. Hw abhors all Episcopalians — but of all Episcopalians he most abhors an Episcopalian from conviction ; especially if the convert is a man of learning, talents, and zeal, of great merit — of industry and application — if he uses bis pen and influence in the support of the cause he has espoused — of the church of his adoption — if he is made of such mettle that he cannot look tamely on, as others can, "W hile that church is pushed by the horns of the Kirk — "while attempts are made to deprive her of her patrimony. But, my Lord, were the clergy of the Kirk legally seized of the Clergy reserves, the sole legal possessor* — and were illegal and unfounded claims set up by any other Clergy to share equally with them in tiiose reserves, and "were they so happy as to have a man such as 1 have a- bove described, even although he were a convert from the hostile church, does not your Lordship think that they would hail such a man as a champion and a lienefactor of the Kirk, and feel indignant at seeing his name uncourte- ously mentioned in a silly anonymous publication ! — Wonld not such conduct — would not the holding op the % a8 Clergy of the Kirk as they have done the Clergy of the> Church, to scorn and contempt — wou^'' not the calling them greedij and intolerant and perae.cutin!^, excite in their minds Icelins;s of the most disagreeable nature? But all this, which under a change of circumstances would be pronounced by them illiberal, persecuting, and intolerant, is fair and honorable and just and gentlemanly and chris- tian and humane^ when directed by themselves against the Church I No doubt, my Lord, you have been much instructed by the sapient marginal note Which the gen4leman has ap- pended in his letter to the 41 st clause of the Quebec act. From this clause the gentleman argues that the Colonial Legislature may grant the whole of the Clergy reserves to the Church of Scotland. That is, the Legir^lature of Canada may, with the consent of the Crown, vary and repeal the provisions of the act respecting the allotment of lands and the endowment, &c. of Parsonages and Rec- tories, and tlie presentation of Incumbent?, accordhig to the Church of England ; therefore they may take away all the lands from the Church Clergy, and give them to the Clergy of the Kirk — annihilate the Rectories and turn out the Rectors, to make room for the clergy of the Kirk. A power that is given to the Legislature on the spot, who must be supposed to be better acquainted than th«> Imperial Parliatnent can be, with the situation of each Hectory and the value of each appropriation, so to accom- modate the latter to the circumstances of the former, as to make it, in every case, as beneficial as possible, implies a power to take the whole away, and give it to the Kirk. !But why to her P Is her name in the act ? Why not the Independants or Methodists, or to any other Protestant or to all the Protestant sects ? for this marginal note might be, with as much legal justice, filled up with any of iltose or with all those names, as with the name of the Kirk. Having now shewn that the Kirk is not, by virtue of the art of Union, nor by virtue of any other act, an Esta- bli^^hed Church in any of the Colonies — that she has not iu the Colonies; nor any where out of Scotland, any one /Htk 29 Ihig to away em to id tnru Kiik. Sspotj n th«> each iccom- as to [)lies a Kirk. lot the testant note th any of the ^tne of Esta- is not ly one attribute of a National Church — tliat she lias, in the Co- lonies, all the attributes of a Dissenting; one — that she j^ossesses in the Colonies no Ecclesiastical ri£;hts but what are common to other Protestant Dissenters — and that she has not even the shadow of a legal riglit to any part of the Clergy resery/es. — Having also shewn that the Church of England has in the Colonies all the attributes of a National Church, and that her Clergy have the ex- clusive right to the Clergy reserves — not only because the church to which they belong is Protestant — is the Esta- hlished Church of England of the Colonies — but especinl- ly because tliey alone are named in the Quebec act : I need only say a few words in reference to the [jolicy of complying with the wishes of the Scotch Clergy. I shall add nothing to what I have already said of the great of- fence that such a measure would give to the people here, &c. But the spirit of hostility & rivalship manifested by the Kirk Clergy towards the Church must not be passed by unnoticed. You will smile, no doui)t, at the idea of half a score of Kirk Clergymen attempting to supplant for- ty or fifty Church Clergymen. Leave them to themselves, my Lord, and they cannot do it — but put them on an e- qual footing with the Church Clergy, and they will do it if they can. Scotch Presbytery and Episcopacy never didf never can agree well together. It is better, there- fore, to keep them at their present respectful distance from each other : for if the former !)e raised to an equality with the latter, evils greater and more numerous than you are aware of, must and itv7n>efall the Church. Instead, therefore, of complying with the wishes of the Scotch Clergy, let the operations of the Church be extended — the number of pious, learned, zealous, and diligent Church Clergymen increased. For doing which this is a most auspicious moment. The latent dislike to Scotch Presbytery is aroused — The indignity offered by the Kirk Clergy to the Church Clergy, has excited a friend- ly feeling towards the latter. The present Bishop of Quebec is universally known, and also on account of his liberality, piety, and zeal is, as universally respected". He knows how to maintain the rights of the Church, and at the same time to conciliate the Dissenters. Raise him li up no rivals, no hostile coafljutors in tlie Kirk Clergy ; and it is to be hoped, h\ the hless-ing of Providence on his en- deaviuirs, the Church will soon Sourish here bevond all former iexample. A WtOTESTANT. y ; and his pn* 011(1 alt •r-