CHAPTER VII

THE HISTORY OF THE CLERGY RESERVES, (1791-1854)

For a long period in the history of Canada the development of several

provinces was more or less seriously retarded, and the politics of the

country constantly complicated by the existence of troublesome

questions arising out of the lavish grants of public lands by the

French and English governments. The territorial domain of French

Canada was distributed by the king of France, under the inspiration of

Richelieu, with great generosity, on a system of a modified feudal

tenure, which, it was hoped, would strengthen the connection between

the Crown and the dependency by the creation of a colonial

aristocracy, and at the same time stimulate the colonization and

settlement of the valley of the St. Lawrence; but, as we shall see in

the course of the following chapter, despite the wise intentions of

its promoters, the seigniorial tenure gradually became, after the

conquest, more or less burdensome to the _habitants_, and an

impediment rather than an incentive to the agricultural development

and peopling of the province. Even little Prince Edward Island was

troubled with a land question as early as 1767, when it was still

known by the name St. John, given it in the days of French rule.

Sixty-seven townships, containing in the aggregate 1,360,600 English

acres, were conveyed in one day by ballot, with a few reservations to

the Crown, to a number of military men, officials and others, who had

real or supposed claims on the British government. In this wholesale

fashion the island was burdened with a land monopoly which was not

wholly removed until after the union with the Canadian Dominion in

1873. Though some disputes arose in Nova Scotia and New Brunswick

between the old and new settlers with respect to the ownership of

lands after the coming of the Loyalists, who received, as elsewhere,

liberal grants of land, they were soon settled, and consequently these

maritime provinces were not for any length of time embarrassed by the

existence of such questions as became important issues in the politics

of Canada. Extravagant grants were also given to the United Empire

Loyalists who settled on the banks of the St. Lawrence and Niagara

rivers in Upper Canada, as some compensation for the great sacrifices

they had made for the Crown during the American revolution. Large

tracts of this property were sold either by the Loyalists or their

heirs, and passed into the hands of speculators at very insignificant

prices. Lord Durham in his report cites authority to show that not

"one-tenth of the lands granted to United Empire Loyalists had been

occupied by the persons to whom they were granted, and in a great

proportion of cases not occupied at all." The companies which were

also in the course of time organized in Great Britain for the purchase

and sale of lands in Canada, also received extraordinary favours from

the government. Although the Canada Company, which is still in

existence, was an important agency in the settlement of the province

of Upper Canada, its possession of immense tracts--some of them, the

Huron Block, for instance, locked up for years--was for a time a great

public grievance.

But all these land questions sank into utter insignificance compared

with the dispute which arose out of the thirty-sixth clause of the

Constitutional Act of 1791, which provided that there should be

reserved for the maintenance and support of a "Protestant clergy," in

the provinces of Upper and Lower Canada, "a quantity of land equal in

value to a seventh part of grants that had been made in the past, or

might be made in the future." Subsequent clauses of the same act made

provision for the erection and endowment of one or more rectories in

every township or parish, "according to the establishment of the

Church of England," and at the same time gave power to the legislature

of the two provinces "to vary or repeal" these enactments of the law

with the important reservation that all bills of such a character

could not receive the royal assent until thirty days after they had

been laid before both Houses of the imperial parliament. Whenever it

was practicable, the lands were reserved under the act among those

already granted to settlers with the intention of creating parishes as

soon as possible in every settled township throughout the province.

However, it was not always possible to carry out this plan, in

consequence of whole townships having been granted _en bloc_ to the

Loyalists in certain districts, especially in those of the Bay of

Quinté, Kingston and Niagara, and it was therefore necessary to carry

out the intention of the law in adjoining townships where no lands of

any extent had been granted to settlers.

The Church of England, at a very early period, claimed, as the only

"Protestant clergy" recognized by English law, the exclusive use of

the lands in question, and Bishop Mountain, who became in 1793

Anglican bishop of Quebec, with a jurisdiction extending over all

Canada, took the first steps to sustain this assertion of exclusive

right. Leases were given to applicants by a clerical corporation

established by the Anglican Church for the express purpose of

administering the reserves. For some years the Anglican claim passed

without special notice, and it is not until 1817 that we see the germ

of the dispute which afterwards so seriously agitated Upper Canada. It

was proposed in the assembly to sell half the lands and devote the

proceeds to secular purposes, but the sudden prorogation of the

legislature by Lieutenant-Governor Gore, prevented any definite action

on the resolutions, although the debate that arose on the subject had

the effect of showing the existence of a marked public grievance. The

feeling at this time in the country was shown in answers given to

circulars sent out by Robert Gourlay, an energetic Scottish busy-body,

to a number of townships, asking an expression of opinion as to the

causes which retarded improvement and the best means of developing the

resources of the province. The answer from Sandwich emphatically set

forth that the reasons of the existing depression were the reserves of

land for the Crown and clergy, "which must for long keep the country a

wilderness, a harbour for wolves, and a hindrance to compact and good

neighbourhood; defects in the system of colonization; too great a

quantity of land in the hands of individuals who do not reside in the

province, and are not assessed for their property." The select

committee of the House of Commons on the civil government of Canada

reported in 1828 that "these reserved lands, as they are at present

distributed over the country, retard more than any other circumstance

the improvement of the colony, lying as they do in detached portions

of each township and intervening between the occupations of actual

settlers, who have no means of cutting roads through the woods and

morasses which thus separate them from their neighbours." It appears,

too, that the quantity of land actually reserved was in excess of that

which appears to have been contemplated by the Constitutional Act. "A

quantity equal to one-seventh of all grants," wrote Lord Durham in his

report of 1839, "would be one-eighth of each township, or of all the

public land. Instead of this proportion, the practice has been ever

since the act passed, and in the clearest violation of its provisions,

to set apart for the clergy in Upper Canada, a seventh of all the

land, which is a quantity equal to a sixth of the land granted.... In

Lower Canada the same violation of the law has taken place, with this

difference--that upon every sale of Crown and clergy reserves, a fresh

reserve for the clergy has been made, equal to a fifth of such

reserves." In that way the public in both provinces was systematically

robbed of a large quantity of land, which, Lord Durham estimated, was

worth about £280,000 at the time he wrote. He acknowledges, however,

that the clergy had no part in "this great misappropriation of the

public property," but that it had arisen "entirely from heedless

misconception, or some other error of the civil government of the

province." All this, however, goes to show the maladministration of

the public lands, and is one of the many reasons the people of the

Canadas had for considering these reserves a public grievance.

When political parties were organized in Upper Canada some years after

the war of 1812-14, which had for a while united all classes and

creeds for the common defence, we see on one side a Tory compact for

the maintenance of the old condition of things, the control of

patronage, and the protection of the interests of the Church of

England; on the other, a combination of Reformers, chiefly composed of

Methodists, Presbyterians, and Baptists, who clamoured for reforms in

government and above all for relief from the dominance of the Anglican

Church, which, with respect to the clergy reserves and other matters,

was seeking a _quasi_ recognition as a state church. As the Puritans

of New England at the commencement of the American Revolution

inveighed against any attempt to establish an Anglican episcopate in

the country as an insidious attack by the monarchy on their civil and

religious liberty--most unjustly, as any impartial historian must now

admit[17]--so in Upper Canada the dissenters made it one of their

strongest grievances that favouritism was shown to the Anglican Church

in the distribution of the public lands and the public patronage, to

the detriment of all other religious bodies in the province. The

bitterness that was evoked on this question had much to do with

bringing about the rebellion of 1837. If the whole question could have

been removed from the arena of political discussion, the Reformers

would have been deprived of one of their most potent agencies to

create a feeling against the "family compact" and the government at

Toronto. But Bishop Strachan, who was a member of both the executive

and legislative councils--in other words, the most influential member

of the "family compact"--could not agree to any compromise which would

conciliate the aggrieved dissenters and at the same time preserve a

large part of the claim made by the Church of England. Such a

compromise in the opinion of this sturdy, obstinate ecclesiastic,

would be nothing else than a sop to his Satanic majesty. It was always

with him a battle _à l'outrance,_ and as we shall soon see, in the end

he suffered the bitterness of defeat.

In these later days when we can review the whole question without any

of the prejudice and passion which embittered the controversy while it

was a burning issue, we can see that the Church of England had strong

historical and legal arguments to justify its claim to the exclusive

use of the clergy reserves. When the Constitutional Act of 1791 was

passed, the only Protestant clergy recognized in British statutes were

those of the Church of England, and, as we shall see later, those of

the established Church of Scotland. The dissenting denominations had

no more a legal status in the constitutional system of England than

the Roman Catholics, and indeed it was very much the same thing in

some respects in the provinces of Canada. So late as 1824 the

legislative council, largely composed of Anglicans, rejected a bill

allowing Methodist ministers to solemnize marriages, and it was not

until 1831 that recognized ministers of all denominations were placed

on an equality with the Anglican clergy in such matters. The

employment of the words "Protestant Clergy" in the act, it was urged

with force, was simply to distinguish the Church of England clergy

from those of the Church of Rome, who, otherwise, would be legally

entitled to participate in the grant.

The loyalists, who founded the province of Upper Canada, established

formally by the Constitutional Act of 1791, were largely composed of

adherents of the Church of England, and it was one of the dearest

objects of Lieutenant-Governor Simcoe to place that body on a stable

basis and give it all the influence possible in the state. A

considerable number had also settled in Lower Canada, and received, as

in other parts of British North America, the sympathy and aid of the

parent state. It was the object of the British government to make the

constitution of the Canadas "an image and transcript" as far as

possible of the British system of government. In no better way could

this be done, in the opinion of the framers of the Constitutional Act,

than by creating a titled legislative council;[18] and though this

effort came to naught, it is noteworthy as showing the tendency at

that time of imperial legislation. If such a council could be

established, then it was all important that there should be a

religious body, supported by the state, to surround the political

institutions of the country with the safeguards which a conservative

and aristocratic church like that of England would give. The erection

and endowment of rectories "according to the establishment of the

Church of England"--words of the act to be construed in connection

with the previous clauses--was obviously a part of the original scheme

of 1791 to anglicize Upper Canada and make it as far as possible a

reflex of Anglican England.

It does not appear that at any time there was any such feeling of

dissatisfaction with respect to the reserves in French Canada as

existed throughout Upper Canada, The Protestant clergy in the former

province were relatively few in number, and the Roman Catholic Church,

which dominated the whole country, was quite content with its own

large endowments received from the bounty of the king or private

individuals during the days of French occupation, and did not care to

meddle in a question which in no sense affected it. On the other hand,

in Upper Canada, the arguments used by the Anglican clergy in support

of their claims to the exclusive administration of the reserves were

constantly answered not only in the legislative bodies, but in the

Liberal papers, and by appeals to the imperial government. It was

contended that the phrase "Protestant clergy" used in the

Constitutional Act, was simply intended to distinguish all Protestant

denominations from the Roman Catholic Church, and that, had there been

any intention to give exclusive rights to the Anglican Church, it

would have been expressly so stated in the section reserving the

lands, just as had been done in the sections specially providing for

the erection and endowment of Anglican rectories.

The first successful blow against the claims of the English Church in

Canada was struck by that branch of the Presbyterian Church known in

law as the Established Church of Scotland. It obtained an opinion from

the British law officers in 1819, entirely favourable to its own

participation in the reserves on the ground that it had been fully

recognized as a state church, not only in the act uniting the two

kingdoms of England and Scotland, but in several British statutes

passed later than the Constitutional Act whose doubtful phraseology

had originated the whole controversy. While the law officers admitted

that the provisions of this act might be "extended also to the Church

of Scotland, if there are any such settled in Canada (as appears to

have been admitted in the debate upon the passing of the act)," yet

they expressed the opinion that the clauses in question did not apply

to dissenting ministers, since they thought that "the term 'Protestant

clergy' could apply only to Protestant clergy recognized and

established by law." We shall see a little farther on the truth of the

old adage that "lawyers will differ" and that in 1840, twenty-one

years later than the expression of the opinion just cited, eminent

British jurists appeared to be more favourable to the claims of

denominations other than the Church of Scotland.

Until 1836--the year preceding the rebellion--the excitement with

respect to the reserves had been intensified by the action of Sir John

Colborne, lieutenant-governor of Upper Canada, who, on the eve of his

departure for England, was induced by Bishop Strachan to sign patents

creating and endowing forty-four rectories[19] in Upper Canada,

representing more than 17,000 acres of land in the aggregate or about

486 for each of them. One can say advisedly that this action was most

indiscreet at a time when a wise administrator would have attempted to

allay rather than stimulate public irritation on so serious a

question. Until this time, says Lord Durham, the Anglican clergy had

no exclusive privileges, save such as might spring from their

efficient discharge of their sacred duties, or from the energy,

ability or influence of members of their body--notably Bishop

Strachan, who practically controlled the government in religious and

even secular matters. But, continued Lord Durham, the last public act

of Sir John Colborne made it quite understood that every rector

possessed "all the spiritual and other privileges enjoyed by an

English rector," and that though he might "have no right to levy

tithes" (for even this had been made a question), he was "in all other

respects precisely in the same position as a clergyman of the

established church in England." "This is regarded," added Lord Durham,

"by all other teachers of religion in this country as having at once

degraded them to a position of legal inferiority to the clergy of the

Church of England; and it has been most warmly resented. In the

opinion of many persons, this was the chief predisposing cause of the

recent insurrection, and it is an abiding and unabated cause for

discontent."

As soon as Sir John Colborne's action was known throughout the

province, public indignation among the opponents of the clergy

reserves and the Church of England took the forms of public meetings

to denounce the issue of the patents, and of memorials to the imperial

government calling into question their legality and praying for their

immediate annulment. An opinion was obtained from the law officers of

the Crown that the action taken by Sir John Colborne was "not valid

and lawful," but it was given on a mere _ex parte_ statement of the

case prepared by the opponents of the rectories; and the same eminent

lawyers subsequently expressed themselves favourably as to the

legality of the patents when they were asked to reconsider the whole

question, which was set forth in a very elaborate report prepared

under the direction of Bishop Strachan. It is convenient to mention

here that this phase of the clergy reserve question again came before

able English counsel at the Equity Bar, when Hincks visited London in

1852. After they had given an opinion unfavourable to the Colborne

patents on the case as submitted to them by the Canadian prime

minister, it was deemed expedient to submit the whole legal question

to the Court of Chancery in Upper Canada, which decided unanimously,

after a full hearing of the case, that the patents were valid. But

this decision was not given until 1856, when the whole matter of the

reserves had been finally adjusted, and the validity of the creation

of the rectories was no longer a burning question in Upper Canada.

When Poulett Thomson came to Canada in the autumn of 1839 as

governor-general, he recognized the necessity of bringing about an

immediate settlement of this very vexatious question, and of

preventing its being made a matter of agitation after the union of the

two provinces. The imperial authorities had already disallowed an act

passed by the legislature of Upper Canada of 1838 to reinvest the

clergy reserves in the Crown, and it became necessary for Lord

Sydenham--to give the governor-general's later title--to propose a

settlement in the shape of a compromise between the various Protestant

bodies interested in the reserves. Lord Sydenham was opposed to the

application of these lands to general education as proposed in several

bills which had passed the assembly, but had been rejected by the

legislative council owing to the dominant influence of Bishop

Strachan. "To such a measure," says Lord Sydenham's biographer,[20]

"he was opposed; first because it would have taken away the only fund

exclusively devoted to purposes of religion, and secondly, because,

even if carried in the provincial legislature, it would evidently not

have obtained the sanction of the imperial parliament. He therefore

entered into personal communication with the leading individuals among

the principal religious communities, and after many interviews,

succeeded in obtaining their support to a measure for the distribution

of the reserves among the religious communities recognized by law, in

proportion to their respective numbers."

Lord Sydenham's efforts to obtain the consent "of leading individuals

among the principal religious communities" did not succeed in

preventing a strong opposition to the measure after it had passed

through the legislature. Dr. Ryerson, a power among the Methodists,

denounced it, after he had at the outset shown an inclination to

support it, and the Bishop of Toronto was also among its most

determined opponents. Lord Sydenham's well-meaning attempt to settle

the question was thwarted at the very outset by the reference of the

bill to English judges, who reported adversely on the ground that the

power "to vary or repeal" given in the Constitutional Act of 1791 was

only prospective, and did not authorize the provincial legislature to

divert the proceeds of the lands already sold from the purpose

originally contemplated in the imperial statute. The judges also

expressed the opinion on this occasion that the words "Protestant

clergy" were large enough to include and did include "other clergy

than those of the Church of Scotland." In their opinion these words

appeared, "both in their natural force and meaning, and still more

from the context of the clauses in which they are found, to be there

used to designate and intend a clergy opposed in doctrine and

discipline to the clergy of the Church of Rome, and rather to aim at

the encouragement of the Protestant religion in opposition to the

Romish Church, than to point exclusively to the clergy of the Church

of England." But as they did not find on the statute book the

acknowledgment by the legislature of any other clergy answering the

description of the law, they could not specify any other except the

Church of Scotland as falling within the imperial statute.

Under these circumstances the imperial government at once passed

through parliament a bill (3 and 4 Vict., c. 78) which re-enacted the

Canadian measure with the modifications rendered necessary by the

judicial opinion just cited. This act put an end to future

reservations, and at the same time recognized the claims of all the

Protestant bodies to a share in the funds derived from the sales of

the lands. It provided for the division of the reserves into two

portions--those sold before the passing of the act and those sold at a

later time. Of the previous sales, the Church of England was to

receive two-thirds and the Church of Scotland one-third. Of future

sales, the Church of England would receive one-third and the Church of

Scotland one-sixth, while the residue could be applied by the

governor-in-council "for purposes of public worship and religious

instruction in Canada," in other words, that it should be divided

among those other religious denominations that might make application

at any time for a share in these particular funds.

This act, however, did not prove to be a settlement of this disturbing

question. If Bishop Strachan had been content with the compromise made

in this act, and had endeavoured to carry out its provisions as soon

as it was passed, the Anglican Church would have obtained positive

advantages which it failed to receive when the question was again

brought into the arena of angry discussion. In 1844 when Henry

Sherwood was solicitor-general in the Draper-Viger Conservative

government he proposed an address to the Crown for the passing of a

new imperial act, authorizing the division of the land itself instead

of the income arising from its sales. His object was to place the

lands, allotted to the Church of England, under the control of the

church societies, which could lease them, or hold them for any length

of time at such prices as they might deem expedient. In the course of

the debate on this proposition, which failed to receive the assent of

the House, Baldwin, Price, and other prominent men expressed regret

that any attempt should be made to disturb the settlement made by the

imperial statute of 1840, which, in their opinion, should be regarded

as final.

A strong feeling now developed in Upper Canada in favour of a repeal

of the imperial act, and the secularization of the reserves. The

Presbyterians--apart from the Church of Scotland--were now influenced

by the Scottish Free Church movement of 1843 and opposed to public

provision for the support of religious denominations. The spirit which

animated them spread to other bodies, and was stimulated by the

uncompromising attitude still assumed by the Anglican bishop, who was

anxious, as Sherwood's effort proved, to obtain advantages for his

church beyond those given it by the act of 1840. When the

LaFontaine-Baldwin ministry was formed, the movement for the

secularization of the reserves among the Upper Canadian Liberals, or

Reformers as many preferred to call their party, became so pronounced

as to demand the serious consideration of the government; but there

was no inclination shown by the French Canadians in the cabinet to

disturb the settlement of 1840, and the serious phases of the

Rebellion Losses Bill kept the whole question for some time in the

background. After the appearance of the Clear Grits in Upper Canadian

politics, with the secularization of the reserves as the principal

plank in their platform, the LaFontaine-Baldwin cabinet felt the

necessity of making a concession to the strong feeling which prevailed

among Upper Canadian Reformers. As they were divided in opinion on the

question and could not make it a part of the ministerial policy,

Price, commissioner of Crown lands, was induced in the session of 1850

to introduce on his sole responsibility an address to the Crown,

praying for the repeal of the imperial act of 1840, and the passage of

another which would authorize the Canadian legislature to dispose of

the reserves as it should deem most expedient, but with the distinct

understanding that, while no particular sect should be considered as

having a vested right in the property, the emoluments derived by

existing incumbents should be guaranteed during their lives. Mr.

Price--the same gentleman who had objected some years previously to

the reopening of the question--showed in the course of his speech the

importance which the reserves had now attained. The number of acres

reserved to this time was 2,395,687, and of sales, under two statutes,

1,072,453. These sales had realized £720,756, of which £373,899 4s.

4d. had been paid, and £346,856 15s. 8d. remained still due. Counting

the interest on the sum paid, a million of pounds represented the

value of the lands already sold, and when they were all disposed of

there would be realized more than two millions of pounds. Price also

pointed out the fact that only a small number of persons had derived

advantages from these reserves. Out of the total population of 723,000

souls in Upper Canada, the Church of England claimed 171,000 and the

Church of Scotland 68,000, or a total of 239,000 persons who received

the lion's share, and left comparatively little to the remaining

population of 484,000 souls. Among the latter the Roman Catholics

counted 123,707 communicants and received only £700 a year; the

Wesleyans, with 90,363 adherents, received even a still more wretched

pittance. Furthermore 269,000 persons were entirely excluded from any

share whatever in the reserves. In the debate on the resolutions for

the address LaFontaine did not consider the imperial act a finality,

and was in favour of having the reserves brought under the control of

the Canadian legislature, but he expressed the opinion most

emphatically that all private rights and endowments conferred under

the authority of imperial legislation should be held inviolate, and so

far as possible, carried into effect. Baldwin's observations were

remarkable for their vagueness. He did not object to endowment for

religious purposes, although he was opposed to any union between

church and state. While he did not consider the act of 1840 as a final

settlement, inasmuch as it did not express the opinion of the Canadian

people, he was not then prepared to commit himself as to the mode in

which the property should he disposed of. Hincks affirmed that there

was no desire on the part of members of the government to evade their

responsibilities on the question, but they were not ready to adopt the

absurd and unconstitutional course that was pressed on them by the

Clear Grits, of attempting to repeal an imperial act by a Canadian

statute.

Malcolm Cameron and other radical Reformers advocated the complete

secularization of the reserves, while Cayley, Macdonald, and other

Conservatives, urged that the provisions of the imperial act of 1840

should be carried out to the fullest extent, and that the funds, then

or at a future time at the disposal of the government "for the

purposes of public worship and religious instruction" under the act,

should be apportioned among the various denominations that had not

previously had a share in the reserves. When it came to a division, it

was clear that there was no unanimity on the question among the

ministers and other supporters. Indeed, the summary given above of the

remarks made by LaFontaine, Baldwin, and Hincks, affords conclusive

evidence of the differences of opinion that existed between them and

of their reluctance to express themselves definitely on the subject.

The majority of the French members, Messrs. LaFontaine, Cauchon,

Chabot, Chauveau, LaTerrière and others, voted against the resolution

which affirmed that "no religious denomination can be held to have

such vested interest in the revenue derived from the proceeds of the

said clergy reserves as should prevent further legislation with

reference to the disposal of them, but this House is nevertheless of

opinion that the claims of existing incumbents should be treated in

the most liberal manner." Baldwin and other Reformers supported this

clause, which passed by a majority of two. The address was finally

adopted on a division of forty-six Yeas and twenty-three Nays--"the

minority containing the names of a few Reformers who would not consent

to pledge themselves to grant, for the lives of the existing

incumbents, the stipends on which they had accepted their

charges--some perhaps having come from other countries to fill them

and having possibly thrown up other preferments."[21] The address was

duly forwarded to England by Lord Elgin, with a despatch in which he

explained at some length the position of the whole question. In

accordance with the principle which guided him throughout his

administration of Canadian affairs--to give full scope to the right of

the province to manage its own local concerns--he advised Lord Grey to

repeal the imperial act of 1840 if he wished "to preserve the colony."

Lord Grey admitted that the question was one exclusively affecting the

people of Canada and should be decided by the provincial legislature.

It was the intention of the government, he informed Lord Elgin, to

introduce a bill into parliament for this purpose; but action had to

be deferred until another year when, as it happened unfortunately for

the province, Lord John Russell's ministry was forced to resign, and

was succeeded by a Conservative administration led by the Earl of

Derby.

The Canadian government soon ascertained from Sir John Pakington, the

new colonial secretary, that the new advisers of Her Majesty were not

"inclined to give their consent and support to any arrangement the

result of which would too probably be the diversion to other purposes

of the only public fund ... which now exists for the support of divine

worship and religious instruction in the colony." It was also

intimated by the secretary of state that the new government was quite

ready to entertain a proposal for reconsidering the mode of

distributing the proceeds of the sales of the reserves, while not

ready to agree to any proposal that might "divert forever from its

sacred object the fund arising from that portion of the public lands

of Canada which, almost from the period of the British conquest of

that province, has been set apart for the religious instruction of the

people." Hincks, who was at that time in England, at once wrote to Sir

John Pakington, in very emphatic terms, that he viewed "with grave

apprehension the prospect of collision between Her Majesty's

government and the parliament of Canada, on a question regarding which

such strong feelings prevailed among the great mass of the

population." The people of Canada were convinced that they were

"better judges than any parties in England of what measures would best

conduce to the peace and welfare of the province." As respects the

proposal "for reconsidering the mode of distributing the income of the

clergy reserves," Hincks had no hesitation in saying that "it would be

received as one for the violation of the most sacred constitutional

rights of the people."

As soon as the Canadian legislature met in 1852, Hincks carried an

address to the Crown, in which it was urged that the question of the

reserves was "one so exclusively affecting the people of Canada that

its decision ought not to be withdrawn from the provincial

legislature, to which it properly belongs to regulate all matters

concerning the domestic interests of the province." The hope was

expressed that Her Majesty's government would lose no time in giving

effect to the promise made by the previous administration and

introduce the legislation necessary "to satisfy the wishes of the

Canadian people." In the debate on this address, Moria, the leader of

the French section of the cabinet, clearly expressed himself in favour

of the secularization of the reserves in accordance with the views

entertained by his Upper Canadian colleagues. It was consequently

clear that the successors of the LaFontaine-Baldwin ministry were

fully pledged to a vigorous policy for the disposal of this vexatious

dispute.

A few months after Lord Elgin had forwarded this address to the Crown,

the Earl of Derby's administration was defeated in the House of

Commons, and the Aberdeen government was formed towards the close of

1852, with the Duke of Newcastle as secretary of state for the

colonies. One of Sir John Pakington's last official acts was to

prepare a despatch unfavourable to the prayer of the assembly's last

address, but it was never sent to Canada, though brought down to

parliament. At the same time the Canadian people heard of this

despatch they were gratified by the announcement that the new

ministers had decided to reverse the policy of their predecessors and

to meet the wishes of the Canadian legislature. Accordingly, in the

session of 1853, a measure was passed by the imperial parliament to

give full power to the provincial legislature to vary or repeal all or

any part of the act of 1840, and to make all necessary provisions

respecting the clergy reserves or the proceeds derived from the same,

on the express condition that there should be no interference with the

annual stipends or allowances of existing incumbents as long as they

lived. The Hincks-Morin ministry was then urged to bring in at once a

measure disposing finally of the question, in accordance with the

latest imperial act; but, as we have read in a previous chapter, it

came to the opinion after anxious deliberation that the existing

parliament was not competent to deal with so important a question. It

also held that it was a duty to obtain an immediate expression of

opinion from the people, and the election of a House in which the

country would be fully represented in accordance with the legislation

increasing the number of representatives in the assembly.

The various political influences arrayed against Hincks in Upper

Canada led to his defeat, and the formation of the MacNab-Morin

Liberal-Conservative government, which at once took steps to settle

the question forever. John A. Macdonald commenced this new epoch in

his political career by taking charge of the bill for the

secularization of the reserves. It provided for the payment of all

moneys arising from the sales of the reserves into the hands of the

receiver-general, who would apportion them amongst the several

municipalities of the province according to population. All annual

stipends or allowances, charged upon the reserves before the passage

of the imperial act of 1853, were continued during the lives of

existing incumbents, though the latter could commute their stipends or

allowances for their value in money, and in this way create a small

permanent endowment for the advantage of the church to which they

belonged.

After nearly forty years of continuous agitation, during which the

province of Upper Canada had been convulsed from the Ottawa to Lake

Huron, and political parties had been seriously embarrassed, the

question was at last removed from the sphere of party and religious

controversy. The very politicians who had contended for the rights of

the Anglican clergy were now forced by public opinion and their

political interests to take the final steps for its settlement. Bishop

Strachan's fight during the best years of his life had ended in

thorough discomfiture. As the historian recalls the story of that

fight, he cannot fail to come to the conclusion that the settlement of

1854 relieved the Anglican Church itself of a controversy which, as

long as it existed, created a feeling of deep hostility that seriously

affected its usefulness and progress. Even Lord Elgin was compelled to

write in 1851 "that the tone adopted by the Church of England here has

almost always had the effect of driving from her even those who would

be most disposed to co-operate with her if she would allow them." At

last freed from the political and the religious bitterness which was

so long evoked by the absence of a conciliatory policy on the part of

her leaders, this great church is able peacefully to teach the noble

lessons of her faith and win that respect among all classes which was

not possible under the conditions that brought her into direct

conflict with the great mass of the Canadian people.

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