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All othar original copiaa ara fllmad baglnning on tha f Irat paga with a printad or liluatratad impraa- sion, and anding on tha laat paga with a printad or liluatratad impraaaion. Laa imagaa auh^antas ont M raprodultaa avac la plus grand aoin, compta tanu da la condition at da la nattatA da l'axamplaira film*, at 9n conformity avac las conditions du contrat da fllmaga. Laa axamplalraa orlginaux dont la oouvartura an papiar aat imprimia aont fiimto an commandant par ia pramlar plat at an tarmlnant salt ar la darnlAra paga qui comporta una ampradita d'impraaaion ou d'illuatratlon, aolt par la sacond plat, aalon ia cas. Tous las autraa axamplalras orlginaux aont fiimte an commandant par la pramlAra paga qui comporta una amprainta d'impraaaion ou d'illuatratlon at an tarminant par la darnlAra paga qui comporta una tali«i amprainta. Tha last racordad frama on aach microflcha shall contain tha aymboi -^(moaning "CON- TINUED"), or tha aymboi V (moaning "END"), whichavar appliaa. IMapa, plataa. charta. ate, may ba fllmad at diffarant raduction ratloa. Thoaa too larga to ba antlraly Includad in ona axpoaura ara fllmad baglnning in tha uppar laft hand cornar, laft to right and top to bottom, aa many framaa aa raqulrad. Tha following diagrama iliuatrato tha mathod: Un daa aymbolaa auhrants apparattra sur la darnlAra imaga da chaqua microflcha, salon la oaa: la aymbola — ► algnifia "A 8UIVRE", la aymbola ▼ algnifia "FIN". Laa cartaa. planchaa, tablaaux. ate., pauvant Atra filmto A daa taux da rAduction diff Arants. Lorsqua la document aat trap grand pour Atra raproduit an un aaui cilchA, 11 aat filmA A partir da i'angia aupArlaur gaueha. da gaucha A droita, at da haut an baa, an pranant la nombra d'Imagaa nAcaaaaira. Laa diagrammas suivants iliustrant la mAthoda. 1 2 3 1 2 3 4 5 6 r ■ LETTERS TO THE HONORABLE WILLIAM MORRIS, BKING ON THE CORRESPONDENCE OF THAT GENTLEMAN Wn 11 THE COLONIAL OFFICE, AS A DELEGAl E FROM THE IN CANADA. BY JOHN STRACHAN, D.D. ARCHDEACON OF YORK. COBOURG, V.C. ON, AT Til 1838 fRINTED JiV n. «. ;ri\TTEUTON, AT THE OFFUK OF "TUE CHL'P.CJf." To the Editor cj the Church. Toronto, 18th November, 1837. Revd. Sir ; — My attention lias been lately drawn by a friend to a pamphlet entill' d " The correspondence of the Honble. William "Morris with the Colonial otrice as the Delegate from the Pres- " bytcrian body in Caniulu," which has been circulated in both Provinces, and obtained the notice of several respectable Journals. Having been referred to by Lord Glenelg on il'.o subject of the fifty-seven Rectories with which this correspondence is inti- mately connected, und delivered a report which will doubtless appear in due time, 1 felt dis[josed to let the matter rest in the hands of Government, for I have always been iin'vining to dis- cuss such questions in the Colony, ns dangerous to the public peace. But the industrious dissemination of this pamj'hlet and the cxtraoidinary nature of the letters which have passed be- tv/een Mr. Morris and his C'V;-.::tituents, sinct- his reiurn to the Province, has produced on llie j.urt of Churclicien a great desire to know how matters really stand. M ;ny applications have been made to me for informalion, as the person supposed froni my station in the Church bi\st acq'ii'iiVed with the subject, and not a little censure interspersed on my seeming apathy where the interests of the Establishment are so deeply involved. Under such circumstances, I do not feel myself any longer at liberty to withhold the information required, and have therefere to request the privilege of occupying a small portion of your ex- \;cl!onl Jnnnm!, that I may lus-'it ih''. !,u'oslance of my recent cominunitHUion;s to Her jMiij'sty's Gi)Vcmtn(;iit, As tl)C!.'r docnniniits will, in hII frobiiibiiity, Ije cnllnri for and publish- d dutiti^ tlio next session of (lio Provincial Logislalure, 1 (in net lliit\k it npoossary. on this cccosion, to fulluw thtm word ibr vvcrd ; but shall add such paitioulnis as have opfjearcd Kince they wcro wiiuen, and buch remaiks as passing uccurieti- ces may s'ii;f;( st. Btjinn; naturally avcr.-io to controversy, and convinced that no bcnifi. cm nriac froui viclcncp or (Xi'.^i;. ration, it is my earnest dijsiio, lis it is nty ilnty, to nhslaiii lioin pcMtonalifies, or any cxprrssions that can Ijy possibility tiivccuusc of jij.^t olo.nce. I aliiill dcial K.iiyw'iih f.icis, and sui-.h rcusonir.g;;; t-nd obscrvit'ions rs iliCic fuct.s may fuily v/MrrfVtit ; nor sliull even filundetoiis and talrio alli'^.itiidtis on thrf j>fMt (if the ciiictnips of the Church fircc (iuc« any other retaliation than ihut clear and dctuirnined expo* 4x1 vi: which truili demands. I rcmRin, &c. &r JOHN STRACHAN. I 1 LETTER I. Toronto, 17ih November, 1937. To THE HONBLE. WlLLIAM MORRIS; Honble. Sir: — I find, from a pamphlet entitled "Thecorres- "pondence of the Honble William Morris with the Colonial " office as the Delegate from the Presbyterian body in Canada," that you went to London in May last as the authorised Dale- gate or Agent of the Presbyterians in this Province in connexion with the Kirk of Scotland to complain of the Rector'es which have been recently established, and to state va;ioi.i:' /grievances under which that body suppose themselves to labour. I am thankful that the documents which compose this pamph- let have been given to the public, as they not only present the spirit and mptives which animate those whom you represent, in their hostility to the Church of Enn;iund, but, at the same time, afford me a seasonable opportunity of examining tiic several matters of complaint. Should ihey be found, racc>il)Ie demei'.- 6 nour of oui* people from the first agitation of the question of thr Clergy Reserves till your return a few weeks ago with intelli' gence that the Rectories had been declared illegal. Ud to this time the Clergy and friends of the Estublishcd CluMch hrtvc been coiifcnt with quietly urging the iinproprioty of (iebmittj; the appropi iniion of the Clergy Reserves in the Co- lony, where it might produce much angry feeling, but could ne- ver be sutisfaciorily disposed of, and their readiness tu submit to any measure which Her Majesty in Parliament might see fit to adopt, and which should be final and uncqiivocal, i \ making such appropriulions as ahould appear to be most consisicnt with n due regard to religion, to the principles of the Constitution, and (0 tiic permanent welfare and tranquillity of the Province. The con'est respecting the Clergy Reserves was commenced by the members of ihc Kirk, and by them it has been continued. For a lime you mado a common cause with other denominations against the Established Church ; but since your connexion with the Nitionul Cliureh of Scotland has been indirectly aeknow- ledged by the General Asscmljly, you have deemed i't prudent to drop your former associates. You made use of them as long as they could bu turned to your advantage,, and now you cast them cfT as a (altered garment, and bring forward with equal violence and pertinacity a claim to an equality with the Church of Eng- land without any regard to the provisions of the 31 Geo. 3, chap. 31, or to the small ncs:3 of your numbers. To you and your constituents must likewise be attributed the opposition made to the Ractories; for no otiier denominations have had any public meetings or proceedings on the subject. Your Synod look the lead in agitation, and enjoined on their congregations the propriety of sending petitions to the Legisla- ture; many of which, as might have been expected when so au- thorized, were conceived in language of great bitterness, and hos- tility. Yet it is refreshing to find, amidst the reckless violence which these petitions present, one so moderate in language and fair in principle as to meet the ilrsire which our church lias uniforn.!/ expressed and in which we nro still ready to concur. The piv tition of the Minister, and Elders and members of the coni^rej^'u- lion of St. Andrew's church, Kuiy-ston, in cooucxion with [lie Kirk of Scotland, after expressing becoming coididonce in iho Le^^islativo Council submit •' Wlicthcr the Imperial Parliament " by their entire removal from the conflicting interests and tnd- " less variety of opinions whicli have for so many years agitated " the country and perplexed the Provincial Lc;2;islaturG in refe- " rence to the Clergy Reserves arc not best riuulificd to explain ''their own Act and dcTinitcly r.cttlo what is doub'.ful in the cx- " isiing statute with.)Ut the danger of farther disturbin;* the tran- " quillity of tlio Province." The petition proceeds to state, ' That " tho Provincial Legislature can do nothing satisfactory, how- "evcr just and equitable; nor so stable us a declaratory enact- " mcnt on that subject originated and passed by th.e Imperial " Parliament, who, it may be trusted, in explaining the proviaons " of the Act will be cnrcTul to preserve our C.'nstituiion invio- " late." Tins is the course pvoposiid by the ClerG:y of the Euti-blishod Church in tiieir various slatcments and petitions tince the iirst ngitation of the questinn of the Clergy Reserves. Th^^y have always deprecated its uio.:ussion in the Colony, and piayed that it might be referred for settlement to the Imperial Parliament ; and should tho refiult be unf;..vi urable, it vvoulil ijcvciiIk i-jsa be their duty tu submit. Disappointed, and, as it sliouid r,."!em, enraged b .c;>use the House of Assembly thoi':^ht proper to coiifi.-m the R',ctorios oc- tually cstabliohed, thongli it disapproved of thtj meaiiure in the fust instance, your constituents had again recourse to a<>,i(ation. Public meetings were held in their different coni!;re.':a!ions at which Delegates were appointed to assemble in a general Con- vention. In this Convention certaiii resolutions werf; adopted on which was founded a petition to his late iMajesty of happy memory; and you were appointed agent to carry tho same to 6 England. Oi) (his document I shall have occuBion to make some observations in a future letter: at present, I merely remark, that even this movement excited in the Colony little sympathy or at- tention, nor was it supposed that it would produce any particu- Inr effect at a distance. Ttius seeing and believing, the Clergy and friends of the Church of England never dreamed of taking any step to counteract your representations in Downing Street, not only because they were unwilling to disturb the Colony, but because they rested a full confiJence in the justice of Her Ma- jesty's Government. They knew that the prayer of the petition was such that, if carried out to ita full extent, it woul 1 not merely destroy the Church of England as an Establishment, but even rendoi- her toleration as well as all other Christian 'denominations in the Colony in some degree doubtful ; and they did not, there- fore, anticipate that a prayer so prcpostrrous and absurd would receive special attention, much less favourable consideration. Had the prayer been for assistance in land as well as in money for the support of the Scotch Clprf»y, there would have been some show of renson am! common spiisp, end it might have been pre- ferred without otTom e. Bat th^. petition seeks the robbery and destruction of the Established Church, and reproaches the Go- vernment for giving her n partial security in the Province by ■which she may be enobled to continue, in a few parishes,* hor exertions in convpyin!j the truths of the Gospel to the present and future generatiins. I hnvft the hnnnr to h<^. Sir, Your obt. hurnljip. srrvt., ' JOHN STRACHAN. I LETTER 2. Toronto, 23J Navpmber, 18o7. To THE HoNBLE. WiLT.IAM MOKRI^: :■ Honble. Sir, — The patient meekness and forhearancR of the Clergy and Members of the Church of Ens;land, when contrast- ed with the blind but selfish violence of your constituents have t ■■'•. 9 not lippn without prcat licnetit to us in llic Colony. Tlic eyes oi oti 01" (Irnoitwnatinns n*-" opened tt» yi nr true ol;jr^';ts and tliciv flood will and rcBp'Cl fi.r the irlijjion of their St/Vtifig^n ond its ndhercnls have {,i<;utly increased. Our cln{j;y htivts lalN.d nu moutings, nnd insttnd of stiiiinji; up tvil fmssidn union^ cur peo- plo, we have lubuuitd to l.i i p tiiotc quiet w ho br<;im to be pio- vukeil lit the nieuiiurcsof our cncmits. Even nt the usual tniei- jpi^s of the Arcldcnconiiis no Blrps wrre tnlan to tiitinct pub- lic attention; (or ulihoi'jih it bo the bcuiidrn duiy (if the Clergy nnd frioni's of the E ;tal)li;,hod Church to preserve and muinium h'.T riij'lila and privih ji;r.-s, nntJ not to surri-nder them, were it in their power, vviiiiout (.ircndiii!,' against (:onb.eir.noe, their desire is, nnd alwi'.ys hns born, to pioccd in peace and on constitu- tional grouru)s only. It i.s not llmt the Clor^y loui Laiiy of the Etitublishcd Cluaeh in this Trcjvince do not enicitain stroi.j^ feelings in behalf of their religion nnd the benefits they derive •from the Constitutional Act, but ihey uro uttncl-.cd by ta^ u ha- bit, and nfFcction to the Mother Country. Our Cliureh ib essen- tially peaceable nrnl loyal, and to live in (juict and harrm ny with our neighboms, nnd, if possible, in peace with all men, is with us u firm and nbidini* principle : nor Sshall we be driven iVom this principle unless by nets of fl.i;;»nnt injustice. Fm' be i1 re- tiiombered thut our submission is to law and justice, and not to men or their opinions, however high in the legal profession or in rank and oilicc ; and if a difterent spirit be arising among us since your announcement that the Rectories are destroyed, it is to be attributed to the extraordinary treatment which our Church and her vested rights and privileges arc receiving at the instance of the Colonial D ;partment. We nevertheless feel more regret than alarm at this intelli- gence, since we are, at the same time, informed that the objec- tion to the Rectories rests wholly on the supposed absence of a document which has been long in existence. But had this not been the case, the Rectories are perfectly secure; for it was ne- ver heard of that the Crown, having authorised its Dolegate to <\q a certain act, legal and beneficial in itself, did afterwtifds at- 10 Vcmpt to invalidate that art, on ,o nthcr iP;round an(\ for no other reason ti.uii that its own instiUL-tion to him to do tho act had not been put in the propnr technical form. But even this ground, slender and untenable at? it is, has Autunately for our Church, been swept away hy the most express and formal instructions. I am nevcilhcles3 free to confess that the friends of the Church of England aio deeply mortified to find that tho representations against the Rcctones have produc-d the imlookcd-for efi'^ct of phicin^; Kcr Majesty's Secretary of State for the Colon iis in ap- parent ho'-^iiiity to our unqucstionahle rights and privi!e< ii Lord Glenelg vvg confided a?? a tried and steady friend of the Constitution, ana, as we locked merely for common justice, we had no reason to anticipate his opposition ; nor can we account for that opposition en any other ground than that the fucts of the case have never been brought fairly Lcforn him. Had His Lnrdship been made aware of the grtwe decision of the House of Assembly i:i favour of the Rf ;:tofies, and the more tlian j-rfilcicnt authority in poj-scssion of the Provincial Govcrn- nietit for their erection, we cannot boiievej that he Vw'ould have called their legality in cjucstion, much Icps allowed, as a noble- man of the nicest honor, an inaccurate case to have been sub- mitted to the Law OiHccrs of the Cruwn. Happily for the peace and tran.quillity of the Province, the rateiits establishing the Rectories cannot be dc-troyed by any power known to the Constitution, This appears manifest, were other proofs v^'anting, from tlie fact that the Church of England has preserved, and lately rccoverc d many of her endowments in thf United States, viz, in New York. Vermont, New Hamp- shire and Virginia, &:c., notwi!hf.tanding the crisis cf a revolu- tion, because ihcy were secured by the same title as the estates cf private persons : — to break down tho one offered a preccoent for breaking down the oiher ; and to this men of sense and character never v;ouid submit. The consequences however are greatly to be lamented; for, although the opinions thus obtained be nugatory and nothing worth, since the Rectories have been endowed and erected in m li the perfect accoidance with the Constitutional S'.atute, nnii cannot be abolished except by an Act of the Imperial Parliament, which can never be expected to pass, yet it has given a tempo- rary triumph to t^ic enemies of the Church, and produced no littlo irritation among her friends on finding their rights and privileges so lightly deo it with by her Majesty's Secretary for the Colonies. Our confidence in our natural and cunstitutinnal protectors has been shaken ; and as we are determined to pre- serve, by every means in our power, our rights uiid privileges inviolate, we have rebjlved to pass all inferior luthority, and to appeal to Her Majesty the Clucen in Parliament, that an ex- planatory act may pass on the subject of the Clergy Reserves by which all questions concerning them may be set at rest for ever. In the mean time, it will still be the duty of the Clergy to discourage agitation among our people, and to persevere in the same peaceable and inoffensive course which they have hitherto pursued. Before proceeding to the examination of the documents of which you were the bearer to England, or the representation which you had the boldness to make to the Secretary of State for the Colonies, it is material to state the grcu'.ds of your at- tack on the Established Church, that the public may be in full possession of the facts of the case. 1st. It appears by the report of the Commissioner of Crown Lands during the last Session of the Legislature that the Re- serves set apart for the maintenance of a Protestant Clergy in accordance with 31 Geo. 3, Chap. 31, amounted on the 22(1 of Nov, 1836 to two millions, three hundred and fifty four thousand! six hundred and thirty six acres. 2nd. The Church of England, so long as the Constitutional Act remains unaltered, lays claims to the whole of this property for the maintenance of her Clergy; — a claim which was not questioned for nearly thirty years, and which the most able Lawyers (if not politicians) siill maintain to be valid, and that the Clergy of the Church of England and no other body of Cier- £y are contemplated by the Act. i 12 3rd. In 1819 the Crown Lawyers of England gave an opinioF> that, under the 37ih clouse of 31st Gr.o. 3d, Chap. 31, the Go- vernment might apply the vested profits arising fronn the Re* serves to the maintenance and support of the Clergy of the Church of Scotland as well ns those of the Church of England,, but not to the maintenance and support of Ministers of dissent- ing congregations. 4th. Ir> 1828, the Select Committee of the House of Commons extend this opinion of the Crown Lawyers so as to include other Protestant denominations and declare that the intention of those who brought forward the Constitutional Act was to reserve to- Government the right to apply the money to any Protestant clergy. 5th. Without presuming at present to pronounce on the accu- racy of these conflicting opinions, it may be remarked that, as they are not established by any judicial proceeding, they cannot be considered final; and, in the meantime, the parties concerned are not to blame for exerting themselves, by every honourable means in their power, to make them good. 6th. On two points there is no controversy but entire agree* ment, 1. That the clergy of the church of England are entitled to support from the rents and profits under the 37th clause j 2. That no other church can be endowed with lands, but the church of England. 7th. In accordance with this 2nd point which is universally admitted, namely, that no other church but the church of England can be endowed with lands, Sir John Colborne, after long deli- beration, did, with the advice of his Council in January 183& erect 57 Rectories, and endowed each with about four hundred acres of land excepting two or three places which were allowed eight hundred acres in expectation of their becoming double charge. Of these Rectories, forty-four are complete ; thirteen ore pledged, but were not altogether finished when Sir Johr*. Colborne was recalled. The whole appropriation made to the 57 Rectories, as stated by the commissioner of crown lands^ id opinion^ the Go- the Re> of the ^ngland^ dissent- ommona jde other I of those eserve to- rotestant he BGcu- that, as Y cannot oncernod uourable re agree* entitled ause; 2. le church Iversally England ng deli- iry 183e hundred allowed ; double thirteen 3ir Johf?, e to the 1 lands^ amounts to 27,169 acres, — which taken from the whole of tha Reserves 2,354,668, leaves 2,327,490 for future disposition. 8th. Had this small appropriation of land for the c^idowment of the Rectories interfered with the claims of oiherPrott.;iant cler- gy, whether real or pretendeil, or rendered it impossible for her Majesty's Government to satisfy such claimc, if discovered to be well founded, there wonid r>ave been just cause of cornploint; — but whatever be the value of the claims of the church of Scot- land or other Protestant denominalions, they remain the same, and the Government has millions of acres, if required, to giva them full satisfaction. The erection and endowment of the Rec« lories have therefore, neither directly nor indirectly, interfered with the claims of any Protestant clergy. 9th. Under these circumstances, the natural course of pro- ceeding would have been for the claimants, by virtue of the opinion of the crown Lawyers in 1819, and the Committee of 1828, to have urged their pretensions respectively for support, and likewise for endowments, if they thought fit; praying that if such endowments could not be legally made, the Law should be altered so as to admit them. 10th. No Protestant denomination, but that of the church of Scotland, has moved in the matter ; and that body, instead of adopting this common-sense proceedin":, seek first the destruction of the Rectories, and, in obtaining this moderate boon, they next desired to be raised in the Province to a legal Ecclesiastical Es- tablishment, with the same powers, rights, privileges, and immu* nities as the Kirk enjoys in Scotland. 11th. From all which it appears, that *.he clergy and mem- bers of the church of England find themselves in a British Pro* vince compelled to resist an aggressive attack, as senseless as it is wicked, made upon them without the shadow of excuse by the clergy and members of the church of Scotland; an attack which is the more reprehensible as we have seen with pleasure, instead of murmuring, large suma of money from year to year bestowed upon that church, and glebes readily granted to her difTerent congregations ; and instead of opposing her claim to B u •npport from GovHinment, we have olv.ayrj been among if» firmest arivocntes. 12ih. In fine the church of En.'^lnnd is, in this contest, the de- fendant, and is standing upapuinst pubh'c robbery and spoliatioD, —to the Cdnrimission of which you imd your constidunta are urgin}> her Majesty':? Governinenl. Having thus staled the true nature and object of your attack upon tiie EsJittblisiitd Church, I shall, in my next letter, examine the documents with wiiioh you were intrusted and your proceedings in England. I have the honor to be, Sir, Your obt. humble servt. JOHN STRACHAN. LETTER 3. Toronto, 27th November, 1837. To THE HONBLE. WlLLIAM MORRIS: Sir,— On referring to the Pamphlet for your Petitions to the two Houses of Parliament and the general assembly, 1 find that Ibey arc omitted, and that the resolutions of the Delegates at Co. bourg and the Memorial tu the King, in which they are em- bodied, are the only documents intrusted to your care which it has been deemed <:onvenientto publish. To them I must, ihere- fore, confine my v^marks. In these documents which are, in fact, one and the same, only two points require observation :— all other matters respecting your mission, whether of fact or ar- gument, will be better introduced, when we come to consider your correspoDdence and proceedings with the^Colonial office. 15 »ng i\a The memorial and rcsoliitioni are founded on a claim of right, arisinn;, ns it is said, out of the treaty of Union between England ftnd Scotland, which took place in 170G. It is not much in fa- vour of this hll.vged cloini ll.at it was nrvcr, till vrry ihttrly, hcord of, an^i tliat it hhnuid bo firs? discovered in a remote colony inoro than a century ufter the treaty had been constimmntpd. On rc- forrini'; to Mic Act of Univin, I find that it expressly prevents iha legal E.Unblisb.meiit of ti'.o ChtuT'i of Scotland in any part of the Uiiiti-d Kint^dom except Scotlmd: nothing, tlicref'oie, can bo more sMIy than to look for relii^ious ri,';:hts and privileges in this colony n^ derived from that Statute. The irea'y cf Union between England and Scotland is o covenant of n.utttnl conces- sion and coniproini^;c between tite two nations, for the p --rposc of Beltliiig a!! disputed point.'*; and anini<l was wisely framed or consistent " with the just pretensions of c -.ch of the three Kingdoms now ** constituting the United Kingdom of Great Britain and Ireland. *' It is sufficient for us to know that the British L'jgisluture have " enacted that Law, and thtit the L'Bgislature of the United " Kingdom is uione capable to repeal and amend it. Thcduty of " the Executive Gcvcrnment issicnply to execute its provisions." There are other matters in thia despatch which vvili be noticed in due time; but in regard to the cniy two points in your two documents, no farther observations appear neccssury. We can neither alter nor amend the Act of Union, ner th«; 3lst of Goo.. 3d. chap. 31, and it serves no good purpose to wrangle about tliem as inconsistent or unconr,tituiiunal. In order to meet the comjilaints made in your corrospondenco and proceedings with the Colonial Office with the greater con- Tcnience, they may be reduced to five :— I'^t. The discouraging obstacles thrown in the way of applica- tions for grants of Land to the Seotcb congregations. 2d. The claims of the Scotch clergy to a share in the proceedii of the Reserves. 18 3d. The terms upon which you condescend to ofTcr peaco to Ihe Established Church. 4ih. The opinion of liie Crown Lawyers on the Rectories. 6th. Your coinpluint cguinsi the Uiiiversity of King's Col- lege. 1 In your letter (o Lord Glenrlg, dated 13 h July, l''?^l, you Bt\y " with very few i.xct'p!iui!.s, thij Scots inhabitants huvc? met *' with iho most discouraging obstacles to their o| plication fcr "gianis of land to their several churches ; and when Ihcyscctho " fucihty with wliichthc Sister Church is provided for, ili y onn- " not but feel that a mark of inferiority hr.s lonr: been at,' nripted " to be placed on them." An example from each church is then given. •' The Episcopal congregation at Toronto received from Go- " vcrnment several most valuable grants of land, beside* n do- " nation of one thousand pounds to build their church; ihe latter •' was in consideration of accommoJation furnished to the troops." *' The Scots congregation in connexion with the Chinch of " Scotlratd Imill a con-modious brick church wiihout public aid ; '• and although ihty set apart n handsome pew for the conve- " nience of the Lieutenant Governor, should he see fit to attend "that church, and have always furnished accommodation to the "troops, yet up to the time when 1 left Toronto, the congrega- "lion had never received a foot of land fronj the Government, "and the trustees informed me that thty iiud failed in every np- " plication they made for ihat purpose," Bijfore proceeding to the consideration of the general complaint or accusation against the Colonial Government rontaincd in the former part of tliis paspngo, it m.-sy be proper, first, to dispose of the two examples sptcifiod, and this. may be done in a very sa- tisfLictOry manner to all concerned, except liie accusers. The congregation of the Established Church at Toronto built n church more than forty years ago, in which the Lieutenant Governor, and both houses of the Legislatuic, with the military authorities and her Majesty's troops^ enjoyed accommodation. At this early period several lots of land were se; apart, at soma 19 distance from iho city, for a glebe and endowment, whicli havt.- cvci" since been in possession of Ihe successive incumbents, and have lately been attached to the Rectory. During the American Yfav of 1813, ihe church was taken for an hospital, and the inte- rior so much injured that the congregation had to expend several hundred pounds to refit it for public worship. In 1818, the church was enlaigcd nt nn expense; of upwards of two thousand pounds, raised by the increasing congregation. The building being of wood soon foil into decay, and having again become far too ftmull, it was resolved to erect a church of ."tone of very largo dimensions to meet for a time the growing population. This edifice, (except the steeple) was finished in 1834 at nn expense of more than eight thousand pounds. An organ lias since been procured from London at an expense of fifteen iiundred pounds; and it is estimated that vhen the steeple is finished and furnished with a chime of bells, the church will no', iiavo cost less thnn twelve thousand pounds ; — ail of which, with the exception of one thousand pounds Eterlinj^, or eleven hundnd pounds cunen- cy, granted by Government, must be defrayed by the congrega- tion. For this triflinc; grant the Government has received accommo- dation for the civil and military authorities during more than forty years; and the like accommodation appropiicitcd in the new church for the same purpose is worth upwards of two thou- sand pounds currency, — estimating at the rate paid by the members of the congregation now purchasing pews, — and it would readily bring that sum if ofilred for sale, because tho Church, notwithstanding its vatt diniensinr»s, is for the third time found too smoll, and additional churches are already requi- red in o'her quarters of the city. Neaily seven years ago, the Proslsytcrians of Toronto, in con- nexion with the church of Scotitind, built a brick church which, in its present unfitiished state, cost from fifteen to sLtteen hun- dred pounds}. Of this sum members of the Established Church in the city subscribed and paid two hundred and ciijhty or ninety pounds. Such was the good fcelir g then existing between tli« 20 two denominatinnfl, and, but for the turbulence of (he Kitk in thai Province, the same feeling would still exist. So long ago as the first of December 1824, a town lot con* listing of half nn acre was set apurt as a burial ground for ihe Presbyterians in connexion with (he Church of Scotland, and a Patent granted in trust for the same; but by the time the con- gregation was organized in 1830 all the building lots belonging 10 Government wiihin the city had been sold or granted. On the 3 1 of Sopiombor 18ti5, n grant of one hundred acres was or- deted to the Scotch church nt Toronto by the LicutenQnl Govtr- jior in Council. On the ICi of April 1836, Ihe Executive Coun- cil reccmmemlcd, on a second petition from (lie S.otch congrega- tion of the city ol' Toronto, " That if the Petitioners choose to •* rtliiquish the former appropriation, the Commissioner of " Crown lands be instiuctcd to set rpart lunda to the amount of " two hundred acres in some convenient pltico for the purposes •Sprayed for, end that the sauie be granted in trust." Such is the true state of the two crises broii<>ht forward in ac- cusation of the Colonial Goverrmf^nt and in disparagement of the Eslablishcd Church. The Scotch congrrgalion was not or- ganized till very lately, when it was not in the power of iha local Government to bestow convenient grants of land ; yet a burial ground was set.apitrt, in amicipntion that such a congre- gation would at some time be collected, and the Provincial au- thorities evidently shewed a friendly ar:xiety to do every thing possible for their accommodation. It is a painful duty to detect and expose such inaccuracy of statement; but it is necessary, in order to defend the innocent and to show to what shifts the enemies of our church are driven^ 90 their vain attempts to make out a case against her. 1 have the honor to be, Sir, Your obt. humble acrvt., JOHN STRACHAN. 2\ LETTER 4. Toronto, 30th NovemKcr, 1837 To THE rioNBLF. WiLLIAM MoKHIS : Sir, In support of your gonoiul Recusation ngainst the Pro- vincial Government, " Tliat witii a few cxcepiions the Scots Inhabitants have met with the nnost discou raiding obstacles to their applications for grnnu of land for their several Churches," you depend mogt unfortunately upon a ieiicr v^ith a table and rennarUs compiled by the Ilcv'd William Rintoul, Moderator of the Synod, from answers to queries transiuiiicd to certain con* gregutions. Witli these documtnti it is very dilTioult to deal.— They exhibit such an abscnoo ofcourttsy, and inuul;;e in such recklessness of assertion, iIilU it is no c.aay matter to speak of them in terms of decent reified. I slioulJ not have considered them deserving of the sli^'hiest attention, hi^d they not been broujtjht OiH'iirdly under I'.iu notice of Lord Gientig by a gentle- man of your rank niid respectability in the Colony, nnd might, from their formal uppcaiance and supposed accuracy of research, obtain a weight wliich ihcy by no means deserve. What Mr. Rintoul asserts in his letter about the arrogant claims of the E;jiiC(ipulians, I pass over in silence ; but when he ventures to stigmatise the new members of the council of King's College as boing of the most intolerant grade, and attacks Her Majesty's Attorney Giineral of the Province in the language of extreme rudeness, I may be permitted un expression of honest indignation. It is too much that a comparative stranger should thus speak of gentlemen of the first tulentc and influence in the colony — natives of the soil and universally esteemed, — but it presents a melancholy, though true specimen of the spirit which attends the violent opposition of the Scotch Presbyterians to tho Established Church. One of the college councillors, thus calunfi« tiiated was, till very lately, a distinguished Professor and Cap* tain of Engineers at Woolwich : the other was selected by tho most respectable Presbyterian congregation in the colony, naaieif w 22 (hnt of Kingston, to prrncrt their petition on tlio subject of lh« Roctories to tlio Lc^iblalivo Council; a duty wiiicli Ito faiti:)full7 discharpeJ. Tlicj Aiturnny Gencrn', .Mr. PIa«;ormn'i, emidoyerJ his splen- diii clrq lence n-.d ptiRjuul itiil'icinv; lust wiiitrr to proilucc liar* mony on tim fiuljoct ofllic Clor:j;y Iltjsnrvcs, unil clTrrcd lli« only rcjolution that nu.t vviili grr.eral concurrence, or was culculaloj to calm tlie rising diss«n{)ion3 of tlio House of Assembly. Il'lie gave urnl)rii*a Fnlls, Brockville, Nonr, None, UiiSUCOUiiSful. Kingston, Ono acre, Unsuccessful. Belleville, One acre and a half. No opplicafion. Cobourg, l>eterboro' &. Cavan, None, Two acres. Unsuccessful. TTr.jucccssful. Otanabce & Dum- ) met Townsiiip, ) Three hunfJrcd aurcs , Successful. Scarborough, Streetsville, None, None, Unsuccessful. No application. Toronlo City, Oakville, None, No application. Cornwall, Two one acre lots, \ Glebe 100 acres, j Successful. Amherslburg, None, Aldborougb, Niogara, None, Four acres. No application. Ancasler &Dundas, One &one third acre, " Zorra, Two hundred acres, Successful. Qttlf, None, No application. Thorold, Chippawa, None, No application. Hamilton, None, > application. This portion of Mr. Rinfoul's table is intended to prove your accusation against the Provincial Government, "that with very •• few exceptions, the Scots Inhabitants have met with the most " discouraging obstacles to their applications for grants of land " for their several Churches," and contains twenty one applica- iont of which threo only are marked successful. Now it must » b« confetied that if (his statement be correct, the justice of the occusation is fairly made ^^t. But notwitiistanding the table of the ninth column, it appears, on examination, that nine only ap- plied to Government for land and therefore the remainder could not have been refused whnt they never asked. Of the nine it will be proved tha iseven, and not ilnec as Mr. Rintoul has it, were successful; and two not refused, but deferred; so that not one application rac with a denial. The Reverend compiler has, indeed, entered a sort of saving clause in his remarks on the ninth column of his table, and I am tiot disposed to deprive him of its benefit. He then says, " in this column, viz. the ninth, op- " plications are sometimes marked unsuccessful, although they " had been in the first instance favourably' entertained by the " Qovernor in Council." TABLE £,. Of applications made by congregations in connexion with the Kirk of Scotland for land, and the result to Septemper 1837, extracted from the records of the Executive Council and Sur- vcyor General's Office. Names ofihe Congregations, Kingston. — Granted on 1st Oct. 1817, one acre in the Town of Kingston, very valuable, and containing five building lots. Patents issued. Belleville. — Granted 24th July 1823, iots 30 & 31 east side of Church street. Patents issued. OsKiBURGH. — Granted on 6th Oct. 1826, the western half of the centre common in the Township of Osnaburgb, 24 acre;i. Patents issued. WiLLiAMSBURcn. — Granted on 6th Oct. 1826, the westerly half of a strip of land situated in the centre of the Township of Williamsburgh, 70 acres. Patents issued. Martin Town. — Granted on 7ih Dec. 1830, west half of lot 16 on the south side of the River Aux Raisin Township of Charlottenburgh; 100 acres. Patents issued. h 25 Mono. — Granted llih Oct. 1830, west half of lot 13 in 6ih con- cession east Hurontario street. Perth. — Granted on 12th Feb. 1831, a piece of ground in the Town of Perth being part of 'jvhat ii called Mount Myers, —again on the 10th Jan. 1833, lot number 26 in the 10th concession of the Township of SImsley, 20U acres — a most valuable tract of land. Patents issued, Cornwall, — Granted 7th June 1831, easterly half of No. 5 in 2nd concession Township of Cornwall, in ail 100 acres — besides two acres formerly give;) in the centre of the Town which is of great value. Patents issued. DuNDAs OR Quote's PARADisE.-^Granted on 3rd April 1834, Block B south of Ancaster street, village of Dundas or Coote's Paradise. Patents issued. Lanark. — Granted on 3rd Feb. 1834, lot No. 22 north side of Clarence street on the 2nd concession of the Township of Lanark, and again on 2nd June 1836, Park lot No. 4 and westerly half of lot No. 2 in 2nd concession of the Town- ship of Lanark. Patent f«r the 200 acres issued. Richmond. — Granted on Uth Jan. 1834, lot No. 11 west side of Maitland street in the Town of Richmond, and lot II east side of Fortune street and a Park lot. ToRONTo.~'Granted on 3rd Sept. 1835, southerly half of lot No. 3 in the 4th concession east Yonge street, 100 acres again 7th April 1836 — on relinquishing the above, the CoMnis- sioner of Crown Lands is instructed to set apart 200 acres in some convenient place for the purposes prayed for — be- sides the Govt, lot north side of Dutchess street containing half an acre ; granted a tract on 1st Dee. 1824, for c burial ground. PD.^LiNCH.-~Granted 8th Dee: 1835, half lot 28 in 8th concession of PusUnch 100 acres; Patent issued. Eldon. — Granted 8th Dec. 1835, No. 6 in 4th concession of El- don 200 acres. Patent issued. Thoral. — Granted 30th May 1835, easterly half of 10 in 4th concsMion of Thoial. Patent issued. c 26 BiNRP.ooKF. — GrantCLl 5ih Nov 1835, any crown lot which may lie v'.cunt — no selection yet marlc. linocKviLi.K. — Granted 200 ncrrs -j.i June IKUi, not yet locatcJ, PETERBOROuaii. — GmntKl on 2'JtJ July l8o(), 'iOO acres besides lot F fronting on Brook street, and lots 12 nnd 13 north of Brock strpet, Town of Peterborough- Patents issued. PiCRKRiNG. — Granted 27(h Oct. 183G, 20(» acres not yet located. Zuhra. — Granted No. 25 in 5lh concession of Zorra 200 acrt)s clergy Reserves on 20th Oct, 1826. ' NiCHoL. — Granted 13th June 1836, No. 8 in 1st concession of Garrafraxa clergy reserves, Paient issued. Bytown, — Granted 10th May 1830, part of lot H in concession C Township of Nopeon. Patent issued. GANANoauE. — Granted on 28!h July 1830, No. 5 in 2d conces- sion Leeds Township clergy reserves. Patent issued. Prederccksburgii. — Granted lots 10 11 ct 12 east side Ivirh- inond street in village of Fredericksburgh on 25 Aug. 1836. Cavan. — Granted 22d July 1830, 200 acres, not yet located. DuMMER, — Granted 0th March 1837, west half of 6 in 4th con- cession. Chatham. — Granted 7th July 1837, ten acres adjoining Town of Chatham. Patent issued. Smith's Falls. — Granted lot No. 17 in 7th concession Town- ship of Montague, Uth May 1837, Patent issued. The answer*to the following applications by the Governor in Council w:as " that in the present state of the Clergy Reserve " question, the council do not think it advisable to recommend " any furher appropriations :'' Ramsay. — Read in council 10th December 1836, Scarborough. — Petition read in council lOih Dec. 1836. Whit Church. (( 23d May 1836. King. IC 10th Dec. 1836. LOCHIEL. i< 22d Dec. 1836. Org. (( 10th Mar. i837. Osgood E. i( 23d Feb. 1837. Cl'mberland. i( 21st Jan. 1837. 27 By (his table it will be seen that the applications arc thirty- six : — that nineteen were successful, having located their Glebes , four have not yet selected tlieir Glebes; five have received valu- able town or village lots ; and eight are not refused, bnt deferred, pending the discussions on the question of the Clergy Reserves. On comparing the two tables, every honest man must be amazed at the gross deception which Mr. Rintoul attempted on the Se- cretary of State for the Colonies and to v/liich you have had the misfortune to become a party. It is material to remark ihat of all these applications only seven were made previous to 1833: three were made in 1831 , and five in 1835. All the res? were made in 183G and 1837, — thus proving that the Scotch Congregations are of very recent or- ganization andean therefore have haJ as yet little moral inlln- ence on the colony. It is farther manifest, from the second labU-, that the local Government has been so far from throwii);^,ubsUi- cles in the way of applications for land, that it has been pecu- liarly favourable to all coming from Scotch Congrriiaiions; and I can testify, from long experience, that the coloniiii anihcrities never failed, when in their power, to satisfy all apftlications for Globes from congregations connected with the Church of Scot- land. It farther appears that there are nin.'teen churches in connexion with the Kitk of Scotland endowed with Glebes in the Provinc(j of Upper Canada ; which is a greater number, in proportion to the adherents of that church, than the fitty-seven Rectories to those belonging to the church of England; and tliis has been done by the local Government without tlie slightest authority, is it not therefore passing stiange ihat, with a church l-etier en- dowed in proportion to its claims and r)umbers t'nan the church of England, you and your con&tiUicnis should be so blind to your own interests as to cry out aguitist the Rectories 7 Had you succeeded, it is quite evident that the Govcrnmenf. would have been compelled, in commoi. justice, to resume all the 28 lands conferred on your church and on other denominations, ut the same moment that they abolished the Rectories. I have the honor to be, Sir, Your obt. humble servt., JOHN STRACUAN. LETTER 5. Toronto, 2nd December, 1837. 'To THE HONBLE. WiLLIAM MORRIS : Sir, — In your letter to Lord. Glenelg, dated 13th July 1837, you complain, " that notwithstanding the opinion of the Law "(Officers of the Crown in 1819 in favour of the claim of tho "church of Scotland to a share of the proceeds of the Clergy He- " serves in both the Canadas, and also the promise of Lord Bath- " urst in 1825, the recommendation of the committee of the " House of Commons in 1828, and the message of Sir John Col- " borne to the Colonial Parliament of the 25th January 1832, in " favour of the claim, not one furthing of the funds arising from " the sale of these lands has ever been paid to the Ministers of " the Scots Church in that country." Would not any person, on reading this passage, infer that the Ministers of the Scots Church had been left totally unprovided for J and would he not stare at the hardihood of the writer, when told that a liberal allowance had been made for their aiupport for several years before the sale of the clergy lands commenced or even produced one farthing? Yet such is the fact. You knew or ought to have known, that the substantial part of this complaint was more than satisfied before it was made ; — that had your til) clergy depended upon the disposable fund uiising from (he Cler* gy Reserves really sold, (hey would h> ^emainod several years longer without any assistance, and thu: he amount oven now is far less than they have actually received. To reasonable peo- ple, it will, therefore, appear quite extraordinary that Government should be found fault with for not ass 1st' r your clergy from a source which yielded nothing for some tiw.u after they were pro> vidcd for, and, moreover, when it did begin to yield a gradually increasing revenve, was not al the disposal of Government with- out the authortiy of some judicial proceeding or explanatory en- actment. It would, however, seem that no assistance which it is in the power of her Majesty to give, avails any thing unless it be at our expense : — otherwise, instead of complaining, you would have acknowledged with gratitude what had been done for your church, for surely the provision was not the less beneficial because the Secretary of the Colonies, discovered the means of bestowing it without laying hands on the property of the Established Church. In regard to the opinion of the Crown Lawyers in 1819 on the subject of the Clergy Reserves, it is, as I have already re- marked, far from satisfactory. 1. While it admits the clergy of the church of Scotland along with those of the church of England to share in the rents and profits arising from the reserved lands under the defective word- ing of one solitary clause, viz. Section 37 of 31st Geo. 3d chap. 31, it declares that the King might, under the 3Sth section, en- dow any particular Parsonage or Rectory with the whole lands allotted or appropriated in that Township or Parish. Now it is obvious that if all the lands were thus attached to Parsonages or Rectories under the 38th clause, there would be no rents or pro- fits to divide under the 37th : — it would therefore appear to com- mon minds, sueh high authority notwithstanding, thut the clergy of the church of England and no other are contemplated in the Constitutional Act. 2. It is likewise to be remarked, that we have opinions which we believe far sounder in law, and from authority equally res- ..o licctu'-le, in fuvou; j\ iin'. ;uah)U'ri s^inso cDnstiiU'tion. which tlo- -ilares that the pro vis none oi the Stauite ('ontcmpUut ilio (MA'^y e. ihe church of Englniirl nnd no other body whatever. The committoe of tho House of Commons in 18-38 ilo not ron- ciir exactly in tl)e opinion of the Crown Lawyers in 1819. They knew that no peculiar privileges rouhJ bo extended to the Kirk of Scotland out of that Kinguom to which all othei Presbyterian denominations wore not equally entiticJ, for it was in evidence before them, — yet tiiey go much fnriher, and state that, with respect to the Uistribu'.ion of ttie proceeds of the reserved lands gentM-aily, they are of o^^iiiion that ihe frami-rs of the Act sought to reserve to Government the riq;ht to apply the money, if they thoui^ht fit, to ai'y i"'ioU;,siam clergy. The committee at the same lime, confirms the E5tubli'..hment of Rnc'ories ; and enter- tain no doubt that the inleution of those persons who brought forwtud the mca^iuro in Pariiamcnt was to endow with Parson. age-houses and (jrleb;? 'auds ihe clergy of the Cliurch of Eng- land, at the discrcti(;in<; opposoil lo Govornmtnl aasislinj^ otiici Jenominauons ol' Chrisliiins, that we liavc !)Cfin ita conslanl advucnlcs ; ami as rcnpcrts »ny oontimi nts, I plcailnl iho cause of your cluircli in lyX, as the lloti'blo Sir Robt. Wilmot llorton can testify, as well as ilio propriety of [)roviclinj:!; for the religious instructidii of tho lloiiian Catholics in Ihu Province. All lliat W3 cuntcn«J for IS, that such aid shall not be taken out of the provision allotted to the ehurch of Eii;;land, till the Ilcscrvca produce more than that Church requires for u decent maintenance. It will he time «nou:;h to legislate regarding any surplu.^, when it is dijcovored actually to exist. I have the honour to be, Sir, Vour obt. humble aervt. JOHN STRACIIAN. LETTER C. Toronto, ilh Deccnnber, 1837. To THE HONBLE. WiLLIAM MoRRIS : Sir, — I now proceed to the Ith particular, namely, the opinion of the Crown Lawyers on the Rectories. I perceive that you were permitted to peruse the opinions of Ilor Majesty's Law Officers as to the legality of the Rectories lately established in this Province and likewise the despatch to His Excellency Sir Francis B. Head of the Gth July on the same subject ; and I cannot help being struck with the inconvenience of communicating to parties interested the proceedings of Go- vernment on great questions still pending and in progress, since such imperfect information, as in the present instance, can only produce irritation and diaappointment. Had this opinion been 30 foundod on a correct slatoment of iho caso, il was not judicial and thorefore not final ; for it has never been settled by any high au- thority or with any degree of precision how far certain portiona of the Royul Authority may or may not be well exercised by Qovsrnmont even without an express delegation in the Royal Commission. Quod Jieri non debet, factum valci. There are many views, both general and legal, which may be taken of this point as it affects the existence of the Recturies, and which might shew that as they have emanated from the Crown they cannot be questioned noW on a mere point of form arising from the Act of the Crown itself. If then arguments so strong can be odduced in favour of the legality of iho Rectories, had there been no farther authority than is stated in the case placed before the Crown Lawyers, their stability is rendered altogether unquestionable, when it ia proved that they were erected in obedience to the fullest instruc- tions and with every requisite formality. But on this point I do not at present enlarge, os it is fully treated in my report on Lord Glitnelg's reference, the substance of which will appeor in a fu- ture number of " The Chuich?^ Your 5th and last subject of complaint, the University of King's College, only requires very brief notice. You are displeosed with the composition of the College Coun- cil ; but certainly with little reason. By the original charter, that body consisted of nine Members, including the Chancellor and President, all of whom, the Chancellor excepted, were to bo Members of the church of England. The charter as amended increases the Council to twelve, of whom it renders seren perma- nent, and males it no longer necessary that they should belong to the Established Church. The remaining five are merely tem- porary appointments, which must be vacated the moment that the Professors are named, and consequently are not very desir- able except by friends of the Institution. It ought also to bo borne in mind that it would not be easy to find in this vicinity gentlemen belonging to the Scotch church of sufficient standing and leisure to allow them to become efficient menbers of the 37 Council of (he Univeiiiiy of KiogU Collegt. Under these cir* cumeianoee, Hie Ezcellenoy induced four gentlemen of grtai reipectobiliiy and taknte to accept of leots at the Board, with the knowledge th;.t they would bo superseded in a very ihort time by the appoiniment of Professors, (ho five Senior of whom are cnddod by the Charter to be members of (ho Coi ^cil. With regard to your assertion that the Bill amending the Charter of King's College passed the House of Assembly with* out being sufficiently understood, and that you do not consider it as expressive of the voice of more than a small minority of the Inhabitants, they are no extraordinary that I presume not to make any other reply than that (ho Assembly is i^uite able without my assistance to vindicate its own ciiaruotur oi^ainst such aspersione, and that the amended Charter was carried on the first division by a majority of fifteen, and on the second by twenty ono. The feelings of the members of (he Legisladve Council were BO far ftom being hostile to the church of Scotland, that they unanimously adopted the report of the Select Commilteeof which you were a member, — recommend) pj (!ji\t a Theological Pro- fessor of the church of Scotland should bu appointed as soon af* ler llie Cclifc^c wtut into opaiu-ion aa nii^lu be cuuvenient. I feel that the details into which you have compelled me to en- ter are becoming exceedingly tedious ] but there are still two matters to be disposed of, and which, without explanation, might appear to give some slight shadow of support to the unworthy accusations, attempted to be made against the local Government and the church of England. I beg leave, first, to premise that you are held justly amen • ble for the contents of all the letters and documents which you delivered to the Colonial Department, since they acquired an of* ficial character in coming from you, the acknowledged agent for the Scots church in Canada. Among these a letter (omitted in the printed Pamphlet, for what reason I know not) written by the Rev. William Rintoul, Moderator of the Synod, contains tha following passage :— >" that in old Townships Reserve lots ara " held by persons connected with the church cf England ready to 08 p I ;| " e'lvp f^«rnr» np fo the * urch ; in this way Co»»^rppaJlons cm " be uiKfowev.' will ti oui8 are lold ihey are all appropriated. I " h«v8 benn told tliut in Whit Church many of the Reserve lots " are held by Willinm Robinson of New-noarkef.'* Thia cha»g:e of delibeiate fraud against the local Gorornmenf, the clcrj^yofthe Established Church, and the supposed holders of such Reserves, the Reverend Moderator knew, or might with a little inquiry hove known, to be utterly untrue. The gentleman mofo immediately accused, «nd named vith so little ceremony, is well known to be incapable of lending himself to this o? any other unworthy transnction ; and his letter row before me stig- n)ati5?es th iircusaiion as a foul and wretched calumny. Thr snuie Rtverf "id gentUman, in his Kotes upo»^ his tablft, R'ntrs the case of Niagara ps one of peculiar hardship; and as grent stress is put upon it, I rjpote the Rev. Moderator's account in full, that there may be noniistnke. In the ret urn from Niagara Mr. McGill thus writes, "No aid from Government for building " our church. Wc have rather been defrauded by it of what was " justly due to us. Our church was burned down during the •* late war, while occupied as a Military Ho?pital. All build- " ings destroyed while given up to the Kin^^'s use were paid in •' full out of the Military Chest ; but from some malign influence " our just claim was refused from this source, The consequence *' was that we were classed among the general sufferers notwilh- " standing the speciality of our case, and the special rule acted " on in similar cases ; and cur claim of £600 was reduced to " JE400, and this sum was not received uni:. the present year " (1837) without interest. We reckon ourselves therefore injuri- " ously kept cut of £300 by the officirs of Government who re- '• ported on our claims, and the intere?-? due on ^600 for moie •than twenty yenrs. Wc be^ that the Honble; William Mor- *' ris will draw the at'ention of His Maj^^sty's Government to this "hardship." The Board which snt on the War Losses wcs appointed by the special orders of the Secretary of Sta 3 for the colonies, XiOrd Bathurst, arrd wus independent in its proceedings and not under 39 tiie coni.ol of (he Pioviricial GovernavMU. If was compnsocl of GuntleiTicn of iiie ''.rat respectabiliiy in Uiecoiony, and eacn casR that came before it ittcelved the oiost careful consideration, and was decided without fear or favour uccoidioi; to its merits As regards the payments, greut diiucultio:? had to be encountered and removed, and much delay has of neaesaity taken place fur which no ona can bo justly blamed. The claim for tlje Presby- terian CiiLirch in Niagara vv-.s biouijlit before tiie Board, 1 be- lieve, by Messrs. Heron and Tinli.i and thi:; amnurit f>f tho award has be^n paid on the same terms, and as scon, us that of many pour and distressed persona who lost their iiouic and home and all lht.*y possessed, and sticly nioie could not in reason be expec'ed. 1 find fiom docuinei!t3 before nte, v/hat woultl oth^rvise seen incredible, th>it the chur:h con'siituting this case of hardship did not belong to a conij;iogition of Priisoyterians in connexion with the ciiUkch of S::oiland; ihut ii was nevor occupied by sur;h a con- ^iet»f.(ion, nor was ihftie more than one con2;ro{jatinn of 'hat de- nomination in the whole Province I'l;; nja.iy yuJro after thia churcii had bt:en destroyed. Taev-.hurch of Nia:^ara vudocivip'el by thePrcs!)yleri>.in3 who now form the United Syiad or Presbytery of Uppf^r CatiadH.— They v^'cre the safrcrers and : o them th;3 remuneratioii, i)e it j]jreat or small, of right belongs, li is uC es.iy to conceive a oomplinnt so reckless or so completely di^craditable :v all its bearings. It is not made by the party suffering, Imt by one who had t.c:Mng to do in the matter, and received no ilama^-e. The documer^i.s before me likewise prove that there vvas no conj^rcgatiop in con- nexion with the church of Scotland organized at Niagara till 1828, or fifteen years after the church vvas burnt. It v;as my intention to animadvert on some of the many pas- sages of your correspondence so rudely offensive to those whom you believe hostile to the objects of yi'ur Mission, but findins; it a sicljening task, 1 forbear. Your complaints, theproundson which they rest, and my ai'>5wersare now btfore the public ; and I h»ve no reason to fear the inferen ;e that will be drawn from the 40 whole ease, as now stated, by every well regulated and honour, able mind. If your punishment from your own feelings be not greater, now that you have had time for reflection, than you de* serve in permitting yourself to become (he channel of so much calumny and falsehood, it is greater I confess than I should have been disposed to inflict. Even the just rebuke which you have lately received from a high quarter,— a rebuke the more severe because conveyed in a manner the most delicate and gentle, — would have more than satisfied me. But to find yourself associ- ated with the contemptible and venomous writer of (he last por* tion of the Pamphlet is a mortification altogether maddening ; yet when a man listens to passion instead of reason and departs ttom accuracy of statement, what can he expect 7 The conclu* lion of the Pamphlet has excited the universal execration a' honourable men, and reminded them of the ferocious spirit which characterised the communication signed N. M. I. L., a commu* nicaiion read with applause at various meetings of your constitu- ents last spring, but of which they are now greatly ashamed, and which the author, though well known, dares not openly avow. 1 remain, Sir, Your obt. humble sei vanf, JOHN STRACHAN. f^or the Church. Toronto, 12th December, 1837. My Brethren of the Clergy and Laity, Having been referred to by Lord Glenelg on the subject of the fifty- seven Rectories and delivered a report, many of you have expressed a great desire to know something of its con- tents, — a desire which I consider reasonable, and now proceed to gratify. of rou lon- 41 It is quite evident that Lord Gleneig entertained doubts as to the correctness of the course he was pursuing, from the terms of reference which are as follows : " It is of course possible that the statements 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 casr.. It is also possible that Her Majesty's " legal advisers ma/ 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 ad* " verting to each of these possible sources of error, my first soli- " citude is to ascertain whether any such mistake has really oc- " curred. " You will therefore have the goodness to communicate a copy " of this Despatch to the Archdeacon of Toronto; who will pro- "bably think it right to lay it before the Bishop of Montreal, " who is now officiating as Bishop of the diocese of Gluebec, and you will invite his Lordship and the ArchJcacnn 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 learned persons. If any " such error or oversight shall appear to you to have been com- " milted, you will suspend all further proceeding's till you shall " have reported on the case to me, and shall have received my " further instructions." After thanking his Lordship for the opportunity thus afforded meof communicating officially the facts necessary to vindicate the course whici: has been pursued in this part of her Majesty's dominions, for affording in time a secure but a very moderate provision for a very small number of the resi'^ent Clergy of the Church of England, I proceed in substance as follows : — The 'Jear and express enactments of the Statute 31. George 3. chap. 31, providing for the erection of parishes in Upper Ca- ears be acted unon in this Piovince. ti Dad{ many yt upon 4-J because It continueJ almost u dense forest till after the American war of 181'2. Few or no Rnsrrves wnre leased, and consequent- ly there were no funds at the disposal of the Government. The few clergymen of the Church of England, then reiident in thu colony, were supported as Missionaries by annual salaries de> rived from the British Government and from the Venerable So- ciety for the Propagation of the Gospel in Foreign parts. But though the situation of the country rendered it inexpedient, or rather impossible, to erect Parsonages and Rectories, the delay did not arise from any doubt ori the part of the Provincial Go- vernme"» that full and sufficient power was given to the Gover- nor, or i i Governor in Council, by the Royal commission and instruc i with which it was accompanied. Had there been the sliglitest hesitation on this point in Upper Canada, it would have been removed by the proceedings in the sister Pro- vince. So far back as May 1800 a reference was made by His Excellency Robert Shore Milnes Esquire, Lieutenant Governor «)f the Province of Lower Canada, 10 the Executive Council re- specting Ecclesiastical afifaii 3. The report of the Council, signed William Osgoude, Ciiuirman, Chief Justice of Lower Canada at ihut time and well known in this Colony, — a gentleman of ereat talents and of so dislint^uished le^al ability as to bo fre- quently consulted after his return to England by Mr. Piit, — states thai they hid tuken the suiy'^ct in'o serious consideration and aner offarin^ their most dutilitl acknowledgements to His Majesty for the distinguished manifestation of his paternal re- f;ard for the spiritual welfare of his Protesta-^t subjects in the Province, they express their utmost readiness lo enter into such measures as may be essential to the formation of a regular Church Establishment. To attain this desirable object, the Council ap- prehend that tlie two pieliminavy requiyites are, first, the forma- tion of snch a number of parishes as, from the numbers of Pro- testant inhabifrtt^fs dwelling in the vicinity, shall be thouijht tx- pedienl, and, secondly, the establishment of a parsonage, or Ec- clesiastical benefice, in each of such parishes. The Council ad- yi,se that, in rcynrd to four parishes already 'established, vi?. 43 Cluobcc, Montreal, Three Rivers, and Willinm ircnry, ilio.iti shall be no interference, and conclude their report by reoomm«ni.! ing that the Attorney General bo directed to give his opinion on the legal course to be token for erecting snch Protestant parishes as herein mentioned, ns well as for establishing a Parsonage or Ecclesiastical benefice in each parish respectively. Soon after, the Attorney General, now Chief Justice of Lower Canada de- livered an elaborate opinion; and in consequence of these pro- ceedings, the Government c^ Lower Canada has, from time to time, established Rectories, besides the four already mentioned, at Dunham, St. John, La Corre, Hatley, St. Andrews, St. Tho- mas, Caldwell Manor, St. George Chrisiie Manor, Drummond- ville, Chambly,&c. &\ In this Piovince, little was done till after the general peace of 1815; but sln':3 that time, such pro- ceedings have been had as seemed best calculated to cherish, and gradually to build up the church, as a permanent Ecclesiastical Establishment, for !hereli:!;ion3 instruction of the people. On the 9th of March 181.5, the Executive Council under the administration of General Sir Gordon Drummond, in reporting on the petition of the Rev. John Strachan for remuneration for monies expended on the Parsonage house of Cornwall, for the residence of the Minister of the Church of England, recommend- ed, " That, whenever a church is erected and a minister ap- " pointed to reside, the Wardens may be authorized lo erect a " Parsonage house by anticipating the produce of the Clergy " Reserves in the Township by the loan of a sum not exceeding " four hundred pounds, — the principal and interest of which " loan shall be paid by such person as may be charged with the " receipt of the Clergy rents within the Township, as they may " become prod(ictive. That the charge of insurance and ordinary " tenants' repairs shall be defrayed by the Incumbent, and all •' other repairs by such means as the building." The report in Council, suggesting this principle for future guidance in building and erecting Parsonaj^e", was transmitted to the Right Hon. Lord Bathurst, Principal Secretary of State, for the approbation of His Royal Highness the Prince Regent. 44 y To thw an «rMwer was returned by Lonl Batltutst, dated 10th Ociobci-, 1815; " The claim of (be Rev. Dr. Strachan, the pre- "lent minister of York, appears, from the Report of the Counci I, *' tP be deserving of consideration, and you will therefore consi* "der yourself authorized to make the payment which they have *\ recommended." As the fund arising from the rents of Clergy reserves under loan accumulated very slowly, application was made to His Majesty's Government by the first Bishop of Cluebec, soliciting that the clergy, in a corporate capacity, might be entrusted with the power of leasing; and accordingly, the corporation far mana- ging the Clergy Reserves in Lower Canada was established by an Instrument under the Great Seal of that Province in 1816 ; which instrument had been originally draughted in that Colony by the Law OiHcers of the Crown. This draught was sent to the Secretary of State for the colonies, Lord Bathurst, for the ap* proval of the King's Government; and it was returned with its sanction, and an order to Sir John Shcrbiooke to cause Letters patent of IncorporaCion to be issued in the terms of the draught. A similar instrument, at the instance of the Bishop, was recom. mended bv the Executive Council of this Province on the 20th October 1818, and was made patent under the great seal of Up- per Canada on the 30th April 1819. Since that time, greater faciluies have been afforded to the issue of leases, and their num- ber has, in consequence, rapid-y increased. About the same time, the Bishop of Cluebec had earnestly pressed upon the consideration of His Mtijesty's Government . the expediency of dividing the Province into parishes; and it appears that, in consequence of His Lordship's application, an Instruction from the Secretary of State was transmitted to Mr. President Smith, then ndministering the Government, dated tho 2d of April 1818, conveying the authority of His Royal High- ness. the Prince Regent, for erecting Parsonages and Rectories in conformity to the Statute 31 George 3. chap, 31, section 38. The Instruction will speak best for itself. 4« Sir, Downing Street, iiJ April, 1813. " The Bishop of Ctuebec hns fiftquently brought uii'icr my " consideration the advantages which would result to the intereitiH •• of the Church of England in the Province under your Govcrn- '• ment frono the legnl establishment of parishes or rectories, in "conformity with tiie provision contained in the 31 George 3. "chap 31. " As I entirely concur with His Lordship in »he propriety of " adopting a measure calculated to give to the Protestant Church " in the Canadas the support which it was in the contemplatinn '■ of the Parliannent of this country to ufl'ord it, 1 have not faihd •* to submit His Lordship's representation to the Prince Rr>gen(, " and I have received his Royal H'ghness's commands to instruct "you to take the uecessary legal measures fnr constituting and " erecting R^-ctoiies and parishes in every Township within the ** Province under your Gavernaienl ; ami you wiH alsot^ke care " that it be distinctly nntlcrstood that tho cons'itiuloii of parishes " and rectories can give no claim whr^tever to anv Incumbent in "receive tythes of the land within Ihc litiiits of his purish,— all "claim of that nature having been effectually annulletl by the " provision for the support of a Protestant Cler^'y made in the *'3lst of the King, and by the decitiratory law pussed by the " Legislature of the Province in 1816. The endowment of tho " several Rectories with due portions of the Clergy R^'serves " will be necessarily a matter of future consideration ; and until " the more general settlement and cultivation of the Province "shall have taken place, I consider it advisable that the manage* " ment of the several Reserves should, as is the case in the Low- " er Province, be vested in a corporate body, or continue, as at " present, under the control of the Lieutenant Governor and Ex- "ecutive Council. I have the honor to be, &c. (Signed) BATUURST.'" Mr, President Smith. 46 *B> The principle already adopteJ in tiiis Province for building Parsonage houses, appeurr d so much in accordance with the spirit of this Instruction, thij^ the Colonial Government was en- couraged to proceed, as fust as the small means at their dii-;po8ol allowed, in the hope of at least furnishing, at no distant period, comfortable places of residence to the Missionaries then in the Province. As small parcels of land were attached to each Par- sonage on its erection, it was believed that it would be easy tu complete the endowment with due portions of the Glebes and Clergy Reserves, when the Bishop should think proper to pro- teed to Institution. This g.uduul mode of ebtablishing the church, though necessarily sluw from the smatlncss of the funds, was nevertheless following by degrees the increasing settlement and cultivation of the Province, and meeti.' g, in as far as the Go- vernment was able, its growiug wants for religious instiuctiun. Upper Canada, even in 1818, was still in comparison a wilder- ness ; and therefore no measure of a general character for con- stituting and erecting townships (many without any inhabi- tants) into parishes and rectories would have been found benefi- cial. Moreover, it could not be foreseen where the pcpulation would most rapidly congregate ; it was, therefore, thought most useful and advisable to husband the scanty funds, and reserve them for applications from populous townships and places, as they offered, and decide upon the amount of assistance to be given according to their particular merits. In this way Paisonage Houses were built, or partly so, at Cornwall, Brockville, Bath, Cobourg and Ancaster, and promises made to many other places as soon as the growing funds arising from lenses would permit. Had not their limited means prevented the Provincial Govern- ment from proceeding to any great extent with the commands of His Royal Highness the Prince Regent, communicated in this instruction, the question of lythes at this time raised, would, till finally set at rest, have dictated the same course of proceeding. It was considered by the Government of this Province that, un- der the comprehensive words of the 39 section of the Statute, the regularly inducted Rector of any Parish or Reetory, erected in I! 49 pursuance of His Royal Highness's instructions, mighl claim to be entitled to tythcs, noiwithstnnding the evident intention of the Statute that the Clergy of the Established Church should re- ceive their support from the produce of the Clergy Reserves. It was not apprehended that a claim to tyt'.ies would in fact be preferred by any Rector so inducted, but it was possible; and to prevent embarrassment and alarm, it was thought prudent not to proceed tu the full extent of the Royal Instructions which had been transmitted, until an Act should be passed, by the Colonial Legislature, declaring, that no right of tythes should ensue upon the induction into any benefice in this Province. A short Act was passed by both houses of the Legislature of the colony, declaring, " That no tythes shall be claimed, dc- " manded, or received by any Ecclesiastical Parson, Rector or " Vicar of the Protestant church within the Piovince, any law " custom or usage to the contrary notwithstanding." In this enactment, which the writer of this report had the pleasure of bringing forward, the friends of the church of Eng- land fully concurred; for they never desired to retain any thing, more than they were entitled to by the most obvious construction of a solemn Act of the British Parliament. Tt* is Act, being ne- cessarily reserved for the assent of his Majesty, failed, even though noticed in the Royal instruction, to receive the requisite attention in England until the limited period of two years had elapsed, and it could not therefore become a law. In the year 18*21, a similar Bill was passed, and having re- ceived the Royal assent, was proclaimed on the 20th of February 1823. It was this effort to renounc;, on the part of the National Church, any thing which could reasonably seem invidious in the provision made by law for her support, that gave occasion to the discussion of a question, of which I may truly say that it was started with no hope of the results to which it has been un- expectedly suffered to lead. Before it can be ultimately disposed of, it will be necessary that the sense of Parliament should be pronounced upon tho ar- 46 ^umenh to hv. ilftiuoeil from hi»lory— .from ihe principle* of tie C'onNiiiMiion — from Iho plain wurds of ihe Staiutc— from iiu« nierous other Acts of the B* iiish Parliament — and from a aeries of {iiiblic a(.i8 in England and the Colony, in which the impres- sions of the Government can be very eosily and eaiisfactorily traced. 1 shall sny no more now on this subject, than that, if the Church of Scot.jnd has a right to be rc6;arded under the Act of Union as established any where out of Scotland, it was a right of which the people of Scotland, of England, and of Iht colonics, were nil cquolly ignorant, until it wos discovered in Upper Canada one hundred nnd ten years after the Act of Union ; and that, if it was rcnlly intended by the British Parliament, when theSlst Geors^e 3d. chhp. 31, was passed, to comprehend iho clergy of the church of Scotland wiihin the provisions of that Statute, it was an intention of which the British Govern* ment, the church of Scotland, and her clergy and adherents in unJ out of the Province, were evidently unconscious for thirty years after the Statute passed. Of this there is, in my opinion, satisfactory proof, both negative and positive. In 1824 and 1825, His Majesty's Government had entered in- to a contract with a joint stock cotnpiuiy for suiting to them a large portion of the waste lands of the Crown at a cheap rate, and upon terms of payment very advantageous to the Company. About two millions of acres of the Clergy Reserves were to be included in this contract. But the clergy of the church of Eng« land in this Province very earnestly appealed to His Mojesty's Government against this improvident alienation ; and happily their appeal was not made in vain. The Reserves were excluded from the sale ; nri, by agreement with the Canada Company, a block of the other waste lands of the Crown was transferred in their stead. And further, His Majesty was graciously pleased to manifest Ills desire to place the Established Church in this Province upon a footing which could alone secure it against the recurrenca of similar danger by transmitting through His Secretary of State fei (he Colonics, the late Earl Bathuist, a formal instrument, 4d pluiri Piid unequivocal in iis ffrm.', imd which exiiiTssly con* veys, in the words of the Statute, the leqiiiniie nuthciiiy fvt e$« tsibli^hing Kectoiies and PariorHppi in Upi)er Cmiai'a and en- dowing ihcm ".ilh lands (It the dibcttiion of the Govrinor and Council. Downing Siieef, 22d July, 1625. Sir, " 1 havo received His Mnjosty's (Kunmonds to diTr-t, tUai you " do from time to tintc, with the advice of the Executive CouH' •' oil for the afTuirs of the Province of Upper Canada, conutitute " and erect, within every Township or Purish, which now is, or •• hereafter may b*?, formed .itiU constituted rr eiecied 'hin iho " laid Province, one or more Parsonage or F.ectory ot ! Tsona- " gea or Rectories, Qccordirg to the Gstubii.slim:iil of tin-. Church '* of England, and that you do fron^ lime tu time, by an Iiistru- '* menl under the Great Sonl of the snid Province, endow every '* such Par&onage or Rectory w itli no much or such pans of tho " land eo allotted and appropriated ns aforesaid, in respect o^ " any lands within such Township or Parish, which shall hav« " been granted subsequently tu the co'^nmencement of a certain " Act of the Parliament of Great Britain passed in the Slst year *' of the reign of His late Majesty King George the 3d, entitled, " An Act to repeal certain parts of an Act passed in the 14th " year of His Majesty's reign, entitled An Act for making mora " effectual provision for the Government of the Province of Que- " bee in North America, and to make further provision for the " Government of the said Province, or of such lands as may be " allotted and appropriated for the sam^ purpose, by or in vir- " tue of any Instruction which may lavn been given by his said " late Majesty before the commencement of the said Act, as you " shall, with the advice of the said Executive Council, judge to *' be expedient under the existing circumstances of such Town* " ship or Parish. " You shall also present to every such Parsonage m Rectory " an Incumbent or Miniser of the church of England who shall " havB been duly ordained according to the rites of said church, 50 I' *' and supply from lime tu tim« luch Tacancim ■• may happttt " Ihereio. I Imve the ^onor to be &c. (Signed) BATHURST." Major G^'nernl Sir Perrgiiiie Mnitlnnd, K ( Tl. &r. &.C. &c. Thiit irtstriiclion is perfectly fall and complete, and hai n» limitations like the one trnnsmitted to Free. Smith.. It wei ofRciaYYy In id before the Executive Council of the time soon after its re- ceipt ; and in November 1825, the Council prepared and submii^ ted a proponiiion for erecting and endowing Rectories and Par- ■onagRS. This plan was for some time under consideration, because a di0V:renre of opinion was entertained on its details.—* There was a doubt as to the proper extent 0/ the Parishes, and the portion of land which it would be expedient to annex to each. It WAS found that the funds, though incrrnsing, were still inade- quate to build any number of Parsonr Houses at the same time, and there was some reluctance .^iistitute and erect a great number of Parishes and annexing portions of wild lands yielding no profit, without at the same time bringing them partly into cultivation and building residences for the clergy. There was also a reluctance to adopt any temporary or partial arrange- ment, wliiln hesitation was felt to net decisively and make a gene- ral a^^propriation of the Clergy Reserves by dividing the whole Province into Parishes and endowing each with a sufficient por- tion, while the question had been brought under the consideration of Parliament and the Government in England. These various points were made still more perplexing by the passing of 7 and 8 Qeo. 4, chap. 63, authorising the sale of part of the Clergy. Re- serves, as it directed the monies arising from the sales o be placed in the British Funds, and so removed them from the more immediate control of the Colonial Government. Moreover, these sales frequently included Reserves under lease, by which means the proceeds arising from rents were in some degree di- minished. These difficulties may well account for the delay 61 be ort 'er, ieh di. during (he short remainder of Sir P:ro<;;iine NT.uiIhiuI*h n'immia. (ration. They likewise t'urni!i.iu08iii<; in thn faith of G.."«rnmi nt, which tlwiysaw wjs A^nu}^ mi in its power, they waited in tranquillity, — fully us-siired Hint die jnlticsti of the Church would not be lost sii^itt of, an(] that, whenjthn proper time arrived, u (;eneral mcaauro for constituiin;; and er'ictin^ Parsonages and Rectories would bo uJooted, or i:;ci would have ever been denied them. It was, therefore, but a natural sentiment of justice which impelled Lord Goderich to enjoin up- on Sir John Colborne the reparation of the loss, by securing in a permanent manner a small fraction of that provision which un Act of the British Parliament had assured to them for their sup> port. Moreover, the result of (he negociations since entered into by the Secretary of Sta{e for (he Colonies with (he Society for (ha propagation of the Gospel in foreign parts being only of a tem- porary nr.:ur8, and implying the discontinuance of any .salaries to the successors of the present Incumbents, the Colonial Govorn* ment was obliged without delay (u tnke such nmasutes as nti^ht 5S ♦mlilo it, in ..oina degree, to tmot ih'n nlarmiii* cnn»in53ncy.--i»' Tnoy \v«ra also [ii'rta^eJ t) taki active ste')s in tfiis b"hu!f by (In Ciiif^V Corporation, a.i ft^poars tVom iiie i..i»riieH of their pro- ccedinjjs on lhe9l!? February 1835;— on which occariionthc laie Lird Ri^hop prc3ioimAnent estil3:ishin«ru of ths Church. Ti have sent additional H'ifhofity svould iuve jaen suo-iifi jo'.h, as the Riyai Instructions ahviivl/' innttioiio 1 were, an I siiil ur^, more \hii Council lo c^istitiit-^ aiui oi't^ct P.irson;ii!;e3 aoi Il'ctories vvitij competent ■t'ri'io.vnentsi thrnufjfi'iijt the witole Pi'ovuice, instead cf th.^ vtry « nail nijint)*ir'o which they have b?en unfortiviately liimtfJ, 1 wouid not presume to uiTrred upon the church of E;i >land, it is not Cii v ") under- stand how any nun^ber of persons residing in '.h cx.iuV:y could prevail upon themselves to expie?^s any seriuus uppiehensioiu on that score. Parishes ivxvc, fir many years, b-xn ero-Jed within the Pro- vince of Lawer C. mad a under tfie Sfitne Act of Parliament, and in the other co!oui«'s of British North America, in the West In- dia Islands, and in 2^()W South Wales. These Rectories which are now complained of, have been established nearly two years; and thp- experience of the past and the observation of the prt'sent must h.tve e(jual;y shewn that no person of any other rcliiiioin community has tiic sliiruiest rcuson to suppose ihut his civil or religious lil)erty, his person or his property, will l>e in any man- ner interfered with ;m consoqijeoce of thr-se R'otoiips or endovv- menis. It is, in fine, notorious (hat the ri^ihfs of niairia»;e,bu(.- tism and sepulture are, by tht» lows of !f<.- Province, coiii:noii -.j the tbuchers of all oiher denrxninuliuijj with the cleriiy of l.ia church of England. Whatever, therefore, may have been ststed, it is very certain that no such apprehensinn is, oc can have been felt. With respect to the land annexed as an endowmMit, it is " i almoot every instance an insii^nifioant franion of those R'sorves to which the church of England in this P.ovince lu'. h cIb ru which ought to he iei?arJed as f.irred. In value il is so.smail as, in many plrices, to be chif fly acrepia- ble to supply firewood, and in most cases, beinj^ wild prnJ (ofafiy vmculliyaled, it will yield nothing wiihuut incurring a coiibidti , 54 nble expense. Even the very best of the endowments yield t very triftinj; cinulument, and will not for a long time make up for the fifteen p'.r cent recently deducted from the narrow salary of the Incumbents. Indeed these endowments, looking to futurity when the country will be populous and well cultivated, can scarcely be anticipated in any instance to supply an adequate provision for the sustenance of an educated Minister of the Gos- pel, and ought not therefore to have raised the jealousy of any body of Christians. It must be further borne in mind that the greater number of these endowments consists of lands which have been in possession of the several Incumbents by license of occupation from their first settlement in the mission without no- tice or complaint, and that the only difference now is a greater security of title. I do not know that the establishment of the Rectories has call- ed forth the language of complaint from any religious commu- nity except frorii thejChurch of Scotland, of whose Members it is remarkable, that (heir illiberal and intemperate hostility to the Church of Eiii^land in this Province appears to have certainly in- creased in proportion to the unjust aggressions which they have made upon her rights, and the countenance which these aggres- sions have unexpectedly received. Even the House of Assembly after much discussion, occa- sioned chiefly by the five or six members belonging to the Church of Scottn!;d who have seats, passed the following resolution by a majority of thirteen. " I'hat this House regards as inviolable the rights acquired " uiid' r the pateni^ by which Rectories have been endowed, and " cur.no! iheretore either invite or sanction any interference with " the riij;hts thus established." It is true other lesoiutions were passed disapproving of their establishment, but to call in question the patents by which they were constituted would have been, as many of the speakers wisely averred, to disturb and unsettle the titles to property throughout the whole Province. \ii recspituiatiuri 1 beg to slate;— 53 ' 1. That however sensible lain of the consideration of Hia Ma* jeaty's Government in making the reference which occasions this report, I cannot but regret that, before submitting to the Crown 0.1i:ers of England a statement of a case which had led to their expressing an opinion against the legal validity of the Act which has been called in question, the same inquiry was not made, which it has been thought just and prudent toinstitute, before their opinion should be acted upon. 2. That the case stated for the opinion of the Crown Oi'R:er8 mast have conveyed to them clearly the impression that, from the year 1791 to the time of creating these Rectories, no authori« ty had been conveyed from His Majesty through his S;;cretary of State, such as the 39th clause of the Statute Qeo. 3. chap. 31 requires; that their opinion is founded upon this impression, and rests therefore upon the supposed non-existence of an instru- ment, two of which of dilTtirent dates are now before me, and are recorded in the proceedings of the Executive Council of this Province. 3. Thp.t this provision made for the resident Cler»y of the Established Church, partial and insufH'ient as it urtrtruinately is, stands upon the express provisions of an Act of Puliument and theexecution of a powe- iven by the K*ng in oxjct con« formity to its enactments: it cmnot theroroie be destroyt-d to gratify the uncharitable feeling of any p son or paity ; und no- thing can deprive the clergy of the Church of Englan I in this Province of the rights thus secured to them but the over-ruling power of the same Legislature which conferred them. I ipcj not say (hat an Act of Parliament which should have that fir its object would be such an Act as never yet has dishonoured the supreme Council of the Empire. I observe that the letter of Lord Glenelg suggests th^ pnssi* bility, though it by no means expresses an expectation or desire, that 1 may be found willing to surrender, or to concur in sur- rendering, voluntarily, the endowments which the King has an- nexed to the Rectories. Happily, the provident caution of Par- liament has not placed it in the power of any individual to bo 66 the instrument of so much injustice. It is not in my discrttion to make any surrender of the kind. If it were, I beliexe it would not be necessary to assure any one who is personally no* quainted with me, that I would as readily surrender my life. I have laboured earnestly for nearly forty years, through good report and bad report, in promoting the peace and happiness of this Province, and its attachment to the Parent State. During more than thirty-four years of that period I have been zealously, and I trust successfully, employed in promoting the cause of true religion, and in the discharge of the sacred duties of a Cler- gyman, and have uniformly acted towards all other Christian denominations with a Christian spirit, which the respectable portion of them will readily acknowledge. I am now approach- ing the evening of my life, and assuredly I shall never incur the reproach of havit)^ sacrificed any portion of the interests of the Church to which I have the happiness to belong, in the wild hope of conciliating her enemies, or from the culpable desire of avoiding the unpo|-)ularity which, it seems to be feared, must attach to those who fairly maintain the religion of our Sove- reign and of the British Empire. 1 have not failed to notice that, from the tenor of Lord GIc- nelg'a despatch, it is to be inferred that the petitioners in the name of the Church of Scotland, have claimed for their Church the right to be treated in this part of (hedueen'r dominions, upon a footing of perfect equality with 'he United Church of England and Ireland. It is incredible to suppose that any number of the enlightened members of the Ciiurch of Scotland can have imposed so far|on their own judgment as tou'ieve, thut it was reserved for two or three laymen in the Legislature of a remote Colony, to dis- cover rights and relations resulting f om the Act of Union, which had escaped consideration and notice in all parts of the British do- minions during more than a century, and which were never in the contemplation of those who were parties to that treaty. They cannot but be aware thai the Act of Union did but protect the rieh(8 and privileges of the Church of Scotland within tho 57 Kin^^Jom of ScoilanJ, in express words; while, in Innguago ns express, it giiarde.l nil the ligiita and privileges of the Na- tional Church of the Empire, in every othpr part of the British dominions. They must, beyond all question, know and feel, that the claim which they have originated in Uppn* Canada, to consti- tute of right a second Church Establishnnent in a British Co> lony, is a novel pretension, at variance with the principles of the Constitution, and not to be reconciled to the frequently de- clared sense of Parliament, from the time of the Union to the present moment,— to the acts of the Government, both in the M )ther Country and in th*? Colonies, or to the understanding wliich has uuiveriiiaily prevailed j»i laia point iti aii parts of the Eiii^ire. Ani there can bp &n little question that th«y mu3t have been exceedingly surprised at the ucility with which they have been allowed to advance, . jp by step, in pretensions unsupported by the Cnnstijution, by history, by law, or by reason ; but which, when they ar« carried to their full extent, must tend to produce confusion, and to unsettle the ecclesiastical condition of the E'Kipire. The error will be perceived when it is perhips too late to re- medy it, and it will be found that the well established principles of the Constitutioii have been deserted for the purpose of pur- Btiing what will turn out to be any tning but a wise or popular .ocourse. I remain, my Brethren of the Clergy and Laity, Your affectionate Brother, and devoted Servant, JOHN STRACHAfV. ..FIMS.