EMAGE EVALUATION TEST TARGET {MT-3) // I" ,^ .^"^^ ^ 4 14// ^ v. '•^''"A'''^4 ^ « 1.0 I.I lit 11:25 il 1.4 2.5 2.2 I. 1.6 VW VW A * • baences Corporation S3 WIST M^AIN STRIET WEBSTER, NY. 14SU0 (716)872-4599 i >^^^^ --(i^ <|^^^ ,!^ 4^ 5? .. W CIHM/ICMH Microfiche Series. CIHIVI/ICMH Collection de microfiches. Canadian Institute for HisturicaS Microroproductions / Instituc Canadian de microreproductions historiques ^h Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically •jnique, which may a!ter any of the images in the reproduction, or which may signifScently change the usual method of filming, are checked below. n □ D D V n Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommagde Covers restored and/or laminated/ Couverture rest<3iir6e et/ou pelliculee I I Cover titfe missing/ Le titre de couverture manque Coloured maps/ Cartes pdographiques en coulecir Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre oue bleue cu hoira) □ Coloured plates and/or illustrations/ Planches et/ou illustrations ^>^ couleur Bound with other material/ Reli6 avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serr^e peut causer de I'ombre ou de la distortion le long de la marge int6rieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted fron filming/ II se peut que «:ertaines pages blanches ajouties lors d'une restauration apparsissent dans le texte. mais, lorsque ceia 6tai! possible, ces pages n'ont pas 6t6 filmdes. I I Additional comments:/ I — I Commentaires uuppl6mbntaires: L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sent peut-dtre uniques du point de vue bibliographique, qui peuvent mod»'ier une image reproduite, ou qui peuvent exiger une modification dans la methods normale de filmage sent indiquds ci-desscus. I I Coloured pages/ n Pages de couleur Pages damaged/ Pages endommagies Pages restored nnd/oi Pages restaurdes et/ou pelliculdes Pages discoloured, stained or foxe( Pages d6color6es, tachetdes ou piqu6es Pages detached/ Pages d^tachdes Si^owthroughy Transparence I I Pages damaged/ pyK Pages restored nnd/or laminated/ ry\ Pages discoloured, stained or foxed/ I I Pages detached/ I I Si^owthrough/ □ Quality of print varies/ Qualitd inigaie de I'impression □ Includes supplementary material/ Comprend du matdriel supplementaire □ Only edition availablfa/ Seule Edition disponible P^ges wholly or partially obscured by errata slips, tissues, etc., have been refilmed to enrure the best possible image/ Les ^ages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6ti filmdes i nouveau de fapon d obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est filmd au taux de reduction tndiqud ci-dessous. 10X 14X 18X 2?X 26X 30X J_ ■"^ "■"■ ■■^'kV ^■^ 12X 16X 20X MX 28X 32X The copy filmed here has bean reproduced tiianks to the generositv of: Library of the Public Archives of C&nada L'exemplaire film6 f ut reproduit grAce A la gAnArositA da: Le bibliothdque dns Archivos publiques du Canada The images app9aring here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last pa(>e with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first pcge with a printed or ill'jstkated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contam the symbol —^(meaning "CON- TINUED"), or the symbol y (meaning "END"), whichever applies. Las imagen suiventes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condition at de la nettetA de Texemplaire filmA, et er. conformity avec les conditions du contrat de flimage. Les exemplaires originaux dont la couverture en papier est ImprimAe sont filmAs en commenpant par le premier plat et en terminant coit par la dernlAre page qui comporte une emprsinte d'impression ou d'lllustration, soit par le second plat, salon le cas. Tous les autres exemplaires originaux sont filmAs en common^ant par la premiAre page qui comporte une empireinta d'impression ou d'illustration et nn terminant par la dernidre page qui comport^) une telle empreinte. Un des symboies suivants apparaftra sur la dernlAre image de cheque microfiche, seion le cas: le symbols —»> signifie "A SUIV^^E", le symbols V signifie "FIM". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure ere filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as reC|Uired. Tho following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmAs A des taux de r4duction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, il est filmA A partir de I'angle supArieur gauche, de gauche A droite, et de haut en bas, en pronant le nombre d'images nAcessaire. Les oiagrammes suivants iliustient in mAthode. 1 2 3 1 2 3 4 S 6 ' >^— BWflfUhkJW % JESUITS' ESTATES ACT. ^^. ^ V-stf t! S^ y^r^-P ^^ .^^.^ ^ .:,..<1^ 5^ ^ ^^^^ ' '^ ^ f>t^^* A."- JESUITS' ESTATES AGT. With reference to the articles in the Law Journal Qf the 15th February, 1889, tiie purport of which seems to be that the Jesuits' Estates Act, passed by the Legislature of the Province of Quebec, ought to have been disallowed, permit me modestly to ex- press mj* opinion that thb Dominion Ministry could not properly have advised its disallowance ;— not because it was within the con- stitutional powers of the Quebec Legislature, for, if that alone were a sufficient reason, the VeJo power would be useless, as an Act idtra vires would be ipso facto, null and void, although not disallowed ; — but because, being perfectly within the powers of the Legislature, it was passed without opposition or remonstrance by any party, and is a fair and amicable settlement of a long standing difficulty and the expression of the will of the people of the Province. It does not violate the principle of the separation of Church and State more than the Clergy Boserves Act : both authorize the sale of property given for church purposes and education, and divide a certain proportion of the proceeds of the sale among the parties who appear justly entitled thereto, once for all, and so avoid any further interference of the Government, which can neither add to nor diminish tae share assigned to each and such share, in the case before us, will be moderate enough, for it seems likely that the principal sum, 8400,000, will be divided among several educational institu- tions, and the interest of each share, at four per cent., will be a very modest contribution towards the support of an institution for superior education. The main objection made to the grant is that it ir' made to the Jesuits ; but the Act does not give them the whole or any definite part of it, but allows the Pope to divide it among institutions, who must use it within the Province, for the purposes mentioned within llie ]ireamble; and from the latest reports it seems probable that the Jesuits' share will not be ex or. bitant. The jxrticles in question treat the work done by the Order rather slightingly, but in Canada at least, their work compares favorably with that done by any other missionary body, and the martyr spirit in which it has been done is denied by none. They have shown themselves good teachers, and have several educational institutions against which I have heard of no complaint. St. Mary's College at Montreal, was incorporatad by Act of the Parliament of United Canada (Upper and Lower) in 1852, the coipoiators being the Poman Catholic Bishop of Montreal and t*ix nien)bers of the Order ; — it has 1 believe been very successful. Has any complaint been made against it during the 37 years it has existed ? In 1887 the Jesuits were incorporated by the Quebec Ad 50 Vic, c. 28, which was not disallowed, nor was its allowance made a matter of reproach to the Dominion Ministry. — It has been made a subject of reproach to the Jesuits and to the Pope, that he suppressed them in 1763 and restored them in 1814; but may not the Pope have been right in both cases, may not the Jesuits have shown him that they had seen the error of the practices by which they had offended, and reformed them ? A hundred years ha^'^e made great changes in men's ideas of morality and right. The Koman Catholic cfergy do not now complain of the Jesuits, though they did in 17G3. They have the virtues of obedience, self denial, industry and temperance. They opposed the sale of intoxicating liquor to the Indians when the French Governor for profits' sake allowed it. They are accused of holding doctrii.'es conti-ary to morality ; but they den}' the charge, and challenge proof. Their constitution and rules were ntinted in Latin and French at Paris in 1845, and there is a copy in our Par- liamentary Library — why is it not cited to justifj' the accusation ? They preach regularly in the church attached to St. Mary's College at Montreal ; — is their preaching complained of? I am a Protestant and wish earnestly that all Jesuits and Roman Catholics were of my persuasion ; but I do not think Protestants alone are Christians. The vast majority' of our fellow subjects in Quebec are Eoman Catholics, and acknowledge the Pope as the Head of their Church, ft 3 find I do not think c. more faithful, devoted, or well beloved and respected body of men can be found anywhere than the Roman Catholic clergy of ^^ower Canada. Tennyson has written,- " Love your enemies, bless yonr haters," said the Greatest of the Great • " Christian love among the Churches seems the twin of heath-^n hate." Ought not the members of every Christian church, while obey- ing the commandment cited in the Laureate's first line, to do their best to prove the bitter taunt in the second to be uiideserved ? And as respects the article questioning the constitutionality of the said Act,-,t docs not seom to me that the English Acts cited in It can apply to Canada, which when they were passed was r- part of the realm of England, and the inhabitants of which are by subse- quent Acts of the rmperial Parliament, guaranteed the free exercise oi the Koman Catholic religion, of which the Pope is the head, and his supremacy as such part of its very essence. The later law derogates from and virtually repeals any former provision contrary to :.: J he English laws disqualifying Roman Catholics from hold- ing certain offices were never in force in Canada. The money ap- propriated belonged to .he Province, and is granted by its Legis- lature for the purposes for which the property from which it arises was given by the French King, and the Act of appropriation is sanctioned by the a.sent of the Queen, who may. without impro- pnety, avail herself, in dealing with it. of the advice and assistance ofthe Head ofthe Church and of an ecclesiastical and educational corporation, which, if not legally the same, is morally the repre- sentative and successor of ftiat to which the original grant was made, and which, with the Pope, will be bound to use the money in accoi-dance with and solely by virtue of the powers given them by the Act. I cannot see tha; any law is violated or anything but right done bj this provision. ■ W NoTB.-The above article was written for the Law Jodbnai,, but the March nnrnbet was ready earlier tuan I expected and I was too late, and did not like to wait for the next number. W. ) loved nnci ho RomaD 1,— Great ; Rte." hiie obey- o do their red? onality of A-Cts cited mr.'- part by subse- 9 exercise head, and later law contrary •om hold- loney ap- ith Legis- it arises nation is it impro- ssistance ucational le rep re- rant was e money 'en them hing but W the Mnrcb not like to- W.