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 Hiotographic 
 
 Sciences 
 
 CorpQPation 
 
 23 WEST MAIN STRUT 
 
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 (716) •72-4503 
 
CIHM/ICMH 
 
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 Series. 
 
 CIHM/ICMH 
 Collection de 
 microfiches. 
 
 Canadian Institute for Historical IViicroreproductions / Institut Canadian de microreproductions historiques 
 
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 L'axampiaira filmA fat raproduit grftca k la 
 ginirositi da: 
 
 ArchivM of Ontario 
 Toronto 
 
 Laa imagaa suivantaa ont 4tA raproduitaa avac la 
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 eaa: la symbolo — »• signifio "A SUIVRE". la 
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 Lorsqua la document ast trop grand pour 4tra 
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 illuatrant la m^thoda. 
 
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'^^L a. K 
 
 )3 
 
 -N ., 
 
 BY 
 
 MR MULOCK 
 
 AT MASSEY HALL, TORONTO, 
 
 On 22nd of February, 1896. 
 
 ON 
 
 ,^i 
 
 >r-.*iI.X'l , ■ 
 
 "REMEDIAL LEGISLATION." 
 
 The Chairman called upon Mr. Mulock to move the following 
 resolution : — * *,» 
 
 Resolved, that the jurisdiction of the Dominion Parliament in educa< 
 tional matters is exceptional and, while we may not be united as to whether 
 such jurisdiction ought to exist, we are unanimous that it ought not to be 
 resorted to except in cases of a gross and clearly-proven abuse of the power 
 of the majority in any Province, and after all other efforts to remedy the 
 grievance have been exhausted. " • 
 
 Mr. Mulock, in support of the resolution, said : — 
 " As a party man, it may be thought I am in strange company to- 
 night, in appearing on a platform with gentlemen whose political alli- 
 ances are not mine, and whose views on many public questions I do not 
 share ; but. Sir, the occasion is one which warrants, aye, demands, the 
 co-operation of citizens of all cladses and of all political and religious 
 creeds, in order to the solution of a vexed problem justly and wisely — 
 (applause) — and which, if so solved, will preserve friendly and cordial 
 relations between all classes of our people, and thus assure success to 
 

 our national undertaking, the establishment of an enduring basis in 
 this western hemisphere of a British colony, whose possibilities and 
 potentialities justify our aspirations to see Canada the most powerful, 
 progressive and patriotic of all the great possessions with which Great 
 Britain has girdled the earth. (Cheers.) 
 
 MR. LAURIER APPROVED. 
 
 •* Sir, in the spirit of peace and union the invitation \^a8 worded 
 which brings me here to-night. In the same spirit mj political leader, 
 Wilfrid Laurier, a true man — (cheers) — a good man, a great man, ap- 
 proved of my presence here, that I might give expression, however 
 feebly, to his belief in the efficacy of conciliation rather than force as 
 a means of adjusting this delicate question, and I feel sure that in the 
 same spirit will be conducted the deliberations and deliverance of this 
 great assembly. ' (Applause.) 
 
 " Sir, what is the problem before us 1 In February, 1895, the 
 Irrivy Council of England decided that the Dominion Parliament had 
 power, within certain limits, to legislate in respect of grievances com- 
 plained of on behalf of the Roman Catholics in Manitoba. In that 
 same month the Dominion Parliament purported to create themselves 
 into a court, and summoned the Province of Manitoba before them, as 
 you would an ordinary offender before a Police Magistrate, and, with 
 an alacrity that has not characterized all their administrative acts, did, 
 within less than two weeks after the adjournment of their pretended 
 court, and without having first adopted any conciliatory course towards 
 the people of Manitoba, and without even having allowed them time 
 to consider what was best to be done, and without inquiring into the 
 facts and circumstances, and without seriously considering whether 
 Dominion interference could accomplish more good than harm, and 
 without having first adopted a diplomatic course with a view to friendly 
 settlement, bluntly and unfortunately issued a peremptory remedial 
 order against Manitoba, ordering that Province to legislate in a certain 
 way, and in default, threatening it with Dominion interference. 
 
 Well, sir, whether the framers of that order were desirous of hav- 
 ing it complied with, or of provoking hostility or refusal, I do not pre- 
 tend to say, but that order was submitted to a special meeting of the 
 Legislature of Manitoba, which dealt with it by resolution on the 19th 
 of June last. I will not read at length from that resolution, but suf- 
 fice it to say that the Legislature of Manitoba did not, even under this 
 
provocation, assume the attitude of dogged determination not to consider 
 any representations that might bo made to them in respect of the griev- 
 ances of our Roman Catholic fellow-citi/ens of Manitoba, and, to make 
 clear this point, permit me to read a few passages from the resolutions 
 of the Manitoba Legislature in answer to the remedial order : — 
 
 Manitoba's answer. 
 
 "We believe, when the remedial order was made, there was not avail- 
 able then to your Excellency in Council full and accurate information as to 
 the working of our former system of schools. We a'so believe that there 
 was lacking the means of forming a correct judgment as to the effect upon 
 the Province of changes in the direction indicated in the order, and, being 
 impressed with this view, we respectfully submit that it is not too late to 
 make a full and deliberate investigation of the whole subject. Should such 
 a course be adopted we shall cheerfully assist in' affording the most complete 
 information available. An investigation ofsuch a kind would furnish sub- 
 s'antial basis of fact upon which conclusions could be formed with a reason- 
 able degree of certainty. It is urged most strongly that upon so important 
 a matter, involving as it does the religious feeling and convictions of different 
 classes of the people of Canada and the educational interests of the P/ovince, 
 which is expected to become one of the most important in the Dominion, 
 no hasty action should be taken, but that, on the contrary, the greatest care 
 and deliberation should be exercised and a full and thorough inrestigation 
 made." 
 
 And then, after some further reference to the order, the Legisla- 
 ture of Manitoba proceeds to say : — 
 
 " Nothing could be more unfortunate from the standpoint (<f the Roman 
 Catholic people themselves than any hr\sty or peremptory action on the par^ 
 of the Parliament of Canada, because such action would probably produce 
 strained relations, ard tend to prevent the possibility of restoring harmony. 
 We respectfully suggest to your Excellency in Council that all the above con- 
 siderations call most strongly for full and careful deliberation and for such a 
 course of action as will avoid irritating complications. 
 
 " We deem it also proper to call attention to the fact that it is only a 
 few months since the latest decision upon the subject was given by the Judi- 
 cial Committee of the Privy Council. Previous to that time the majority of 
 the members of the Legislative Assembly of Manitoba had expressly or im- 
 pliedly given pledges to their constitutents, which they feel in honor bound 
 loyally to fulfil. We understand that it has been lately suggested that pri- 
 vate funds of the Roman Catholic Church and people have been invested in 
 school buildings and land that are now appropriated for Public school pur- 
 poses. No evidence of such fact has ever been laid before us, so far as we 
 
can ftscertHin, but we profess ourselves willing, if any injustice can be estab- 
 lished, ti) make full and fair coinpensatipn therefor." 
 
 Well, sir, when that reply reached Ottawa — the Dominion (Jovern- 
 tnent, impressed with the force of the invitation of Manitoba to friendly 
 negotiations without accepting it, stayed its hand for a while, but un- 
 fortunately did so with a further threat contained in their Order-in- 
 Council of July last, that if Manitoba did not deal with the matter 
 satisfactorily the Dominion Government would act on the remedial 
 order at the present session of the Dominion Parliament. This Order- 
 in-Council of July last was laid before the Legislature of Manitoba 
 fresh from the people, at its session in the month of January last, 
 which thereupon proceeded to consider the same and passed a resolution, 
 from which I will quote but a few words : — 
 
 "The remedy sought to, be applied is fraught with great danger to the 
 principle of Provincial autonomy. An independent consideration of the 
 subject, as well as the recognized constitutional practice in analogous cases, 
 clearly indicate that it could only be made use of as a last resort, and after 
 the clearest possible case had been made out. l: is obvious that so drastic a 
 proceeding as the coercion of a Province in order to iinpose upon it a policy 
 repugnant to the declared wishes of its people can only be justified by clear 
 and unmistakable proof of flagrant wrongdoing on the part of the Provincial 
 authorities." 
 
 And further on, Manitoba proceeds to say : — 
 
 " It is a matter of regret that the invitation extended by the Legislative 
 Assembly to make a proper inquiry into the facts of the case has not oeen 
 accepted, but that, as before stated, the advisers of His Excellency have de- 
 clared the'r policy without investigation. It is with all deference submitted 
 that such a course seems to be quite incapable of reasonable justification, and 
 must create the conviction that the educational interests of the people of 
 Manitoba are to be dealt with in a hostile and peremptory way by a tribunal 
 whose members have not approached the subject in a judicial spirit, or taken 
 the proceedings necessary to enable them to fonn a proper opinion upon the 
 merits of the question. The inquiry asked for the reply of the Legislature 
 to the remedial order should, in the opinion of the undersigned, be again 
 earnestly invited, and in the event of the invitation being accepted, the 
 scope of the inquiry should be sufficiently wide to embrace all available facts 
 relating to the past or present school system." , 
 
 And further on the Legislature of Manitoba proceeds to say : — 
 
 " In amending the law from time to time, and in administering the sys- 
 tem, it is the earnest desire to remedy every well-formed grievance, and to 
 
5 
 
 remove every appearance of inequality or injuatice that mny be brought to 
 notice. With the view of so doing, the Government and the Legislature 
 will always be ready to consider any complaint that may he made in a spirit 
 of fairness and conciliation. 
 
 '* It seems therefore most reasonable to conclude that by leaving the 
 question to be so dealt with, the truest interests of the minority would be 
 better served than by attempting to establish a system of Separate Schools 
 by coercive legislation." 
 
 From what I have read, every fair-minded man must conclude that 
 nothing but good, both to the minority arid majority, could have come 
 from friendly negotiations on the lines of these invitations, twice ex- 
 tended by the people of Manitoba to the Dominion Government. Un- 
 fortunately the invitation was not accepted, and to-day the threatened 
 legislation has been introduced into the Dominion Parliament, and it is 
 now for the people of Canada to consider whether they can by any ac- 
 tion of theirs impress upon their representatives at Ottawa a wiser 
 course than the coercion of a great Province. 
 
 THE OLIVE BRANCH. 
 
 TwiceManitrv, has held out the olive branch. (Applause.) Friendly 
 investigation, frien :.) negotiations, and conciliatory methods all refus- 
 ed in favor of a policy of force. Now we are brought face to face with 
 a serious problem, which I think may yet be satisfactorily solved. A 
 just sense of right by the people of Great Britain and the United States 
 is forcing upon the Governments of these two great nations the prin- 
 ciple of friendly conference instead of the arbitrament of the sword for 
 the settlement of the Venezuela affair, and so may the people of Canada 
 now avert threatened national disaster by requiring our rulers at Ot- 
 tawa to adopt like methods. 
 
 Nor is there any reason to fear that such methods would not be 
 successful. Twenty years ago the Legislature of Prince Edward Island 
 abolished Separate Schools, whereupon»the minority appealed to Ottawa, 
 just as the minority of Manitoba is doing, but the good sense of the 
 Government prevailed and it said : Go back with this question to the 
 Province from which it came, thresh it out in your own land, appeal to 
 that spirit of 
 
 JUSTICE AND FAIR PLAY , 
 
 which is to be found in every part of Her Majesty's dominions, and 
 you will not appea) in vain. This advice was followed and was justified 
 
6 
 
 by results, and today Prince Edward Island administers its Public 
 School system in a tolerant, Christian and just manner, and to the 
 satisfaction of all creeds and classes. (Cheers.) 
 
 Again history repeated itself in the case of New Brunswick, and 
 when the minority of that Province also sought to invoke interference 
 from Ottawa, the Government of that day, led by Sir John Macdonald, 
 gave the same advice as to the minority of Prince Edward Island. The 
 advice was followed by the minority and the result has justified the 
 soundness of the advice. (Cheers.) 
 
 Nova Scotia, with its Public School system, has also administered 
 it to the satisfaction of all classes. (Cheers.) 
 
 If, then, sir, in all our Maritime Provinces this question has been 
 capable of adjustment by the people concerned, are we not warranted 
 in believing that equally happy results will follow if we allow the peo- 
 ple of Manitoba themselves to come together, as the resolutions from 
 which I have quoted indicate they are willing to do in a friendly con- 
 ference, with the view of removing every grievance ? 
 
 A TORONTO PRECEDENT. 
 
 Sir, I might cite a case nearer home which warrants me in believ- 
 ing that friendly overtures conducted in an honest, straightforward and 
 concilatory spirit between our Roman Catholic and Protestant friends 
 bears good fruit. Many years ago, during my early official connection 
 with the University of Toronto, it was my good fortune to be Chairman 
 of the committee of the University Senate to negotiate with represen- 
 tatives of St. Michael's College of Toronto, in order to find a basis for 
 affiliation with that University. We met the committee of St Michael's 
 College in a friendly, frank and fair manner. We invited them to 
 accept of the advantages of the University. We considered their 
 difficulties, and without sacrificing any principle we were able to 
 remove all obstacles and to bring about a happy union between that 
 College and the University, which has continued up to the present 
 moment unmarred by a single disturbing circumstance, and which, 
 founded upon mutual good-will, mutual confidence and mutual respect 
 for the rights of all, gives every promise of permanence. (Applause.) 
 
 Sir, there are other precedents, and there is a precedent showing 
 what results have attended the opposite course. Every student of 
 Canadian history is familiar with the troublous times in the old Pro- 
 vince of Canada, when Upper and Lower Canada were united in one 
 
Legislature and endeavored to arrange the school system of eacli other. 
 For twenty-live years the attempt was made, and for twenty-live 
 years the attempt was a failure, a failure that practically destroyed 
 the legislative powers of the Province. So divided did the people 
 become over educational and other cognate matters that govern- 
 ment became an impossibility, and at last the great men of that 
 day regardless of their political views, united to devise a scheme that 
 would relegate educational and other matters of a kindred character tu 
 the Local Legislatures rather than to the arbitrament on each occasion 
 of the representatives of the whole people of Canada, and no one sub- 
 ject was with greater unanimity regarded as peculiarly proper to be 
 be dealt with by the Provinces a£fected rather than by the Dominion 
 Parliament than was the subject of Education. (Applause.) 
 
 True it is that a reserve power is left to the Dominion Parliament 
 even in the case of education, just as there is reserved power to the 
 Dominion Parliament to disallow every bill that any Local Legislature 
 may pass. 
 
 As to how far the Dominion Parliament is warranted in interfering 
 with a Province by substituting the will of the Federal for that of the 
 Local Legislature, as on all questions, extreme views are entertained. 
 There are those who contend that the Dominion Parliament is bound 
 in every case at Once to interfere, whilst others contend that in every 
 case the appeal is to be denied. Between these extreme views is the 
 moderate one set forth in the Resolution of the Legislature of Manitoba 
 that interference with Provincial autonomy is only justifiable as a last 
 resort, and they beg the Dominion Parliament to act on this view and 
 stay its hand at least until other and more promising methods have 
 been tried. Shall we, therefore, now press upon the Dominion Parlia- 
 ment the necessity of adopting this safe middle course, or shall we 
 allow them to light the fires of sectarian strife by establishing a pre- 
 cedent which will be a standing invitation to the minority, whether 
 it be a Protestant or Catholic, in each Province of this Dominion 
 continuously to bring their appeals to Ottawa, until the whole Do- 
 minion becomes enveloped in one general sectarian conflagration? 
 There can be but one end to such a condition of affairs — the destruc- 
 tion of our Confederation. (Prolonged cheers). 
 
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