An opportunity to appoint Hon. M. S. Bidwell to the Bench in Upper

Canada having occurred, Dr. Ryerson, on the 3rd September, 1849,

addressed the following letter to Hon. Robert Baldwin, urging the

appointment:--There is one subject I take the liberty of mentioning,

although it is contrary to my practice to interfere in any matter of the

kind; but the peculiarity of it may excuse me on the present occasion. I

allude to the appointment of Mr. Bidwell as one of the new judges in

Upper Canada. The recent history of Europe affords many illustrations of

circumstances being seized upon by despots to compel the departure of

valuable and dreaded men from their own country. You know that it was

under such circumstances that Mr. Bidwell was compelled to leave Canada.

You know that it was the order of the Imperial Government to elevate Mr.

Bidwell to the Bench, that prompted Sir Francis Head to adopt the

course towards him that he did. You know, likewise, how long, and

faithfully, and ably, Mr. Bidwell laboured to promote the principles of

civil and religious liberty which are now established in Upper Canada;

and that at a time when great responsibility and obloquy attached to

such advocacy. Mr. Bidwell was the author, as well as the able advocate

of the laws by which the religious denominations in Upper Canada hold

Church property, and by which their ministers solemnize matrimony. I

believe he has never altogether abandoned the hope of returning to

Canada; but I believe he has felt that he was entitled to the offer of

that position, which the Home Government contemplated conferring upon

him in 1837. I felt it too delicate a question to propose to Mr. Bidwell

when I saw him the other day; but my friend Mr. Francis Hall, of the New

York _Commercial Advertiser_ (who sees and converses with him every

week), expressed his full conviction that Mr. Bidwell would accept a

Judgeship in Upper Canada--that Mr. Bidwell had constantly taken the

Canadian Law Reports, and procured the Canadian and English Statutes,

and kept up his reading of them as carefully as if he had lived in

Canada. I believe the appointment of Mr. Bidwell would be an honour to

the Canadian Bench, and an act of moral and political gratitude most

honourable to any party, and of great value to Upper Canada. You are

aware of the reasons for which I feel a deep interest in this subject,

and which will, I trust, excuse in your mind the liberty I

take--believing, as I do, that it will be as grateful to your feelings

as it will be noble in your character, to remember a man to whom our

common country is so much indebted.

To this letter Mr. Baldwin replied, on the 20th September

With respect to the principal object of your letter, you need not,

I assure you, have made any excuse for introducing it, even

independently of the part taken by you formerly with reference to

the case of my friend Mr. Bidwell, and which alone would give you a

just claim to address me. I can never feel any suggestion, no

matter from what quarter, having his good for its object, to be an

intrusion on me, and be assured that nothing could have afforded me

greater pleasure than to have had it in my power to have advised

his appointment to the Bench. Nor have I ever ceased to do all that

I could with propriety to get him to put himself in the position

which might lead to such a result. You are aware of the steps I

took in 1843 to have his pledge to Sir Francis Head cancelled. I

sent you, I think, the correspondence respecting it. (See page

308.) On that being done, I wrote him a letter of which I preserved

a copy, from which I send you one. By this you will see how

earnestly I pressed him to return then. Had he come in, as I

suggested, it was my intention to have offered him the Crown

business on whichever of the Circuits he might have chosen. I have

subsequently, as often as I felt I dared to do so, urged his

return. But it has been felt impossible, until he had placed

himself in the position of a practitioner, as formerly, at our own,

and not at a foreign, Bar, to advise his appointment to the Bench

of the Province. For myself, although friendship might have led me

to have overlooked, or overstepped, this difficulty, my judgment,

when appealed to, forced me to admit, with my colleagues, that the

objection was insuperable.

I am not acquainted with the income he realizes from his profession

in New York, but I doubt not it is much beyond what could be

obtained in Toronto. Still, if he really does wish to return to

Canada, the time is most propitious as far as professional

prospects are concerned. Mr. Sullivan, Mr. Blake, and Mr. Esten

being taken from the Bar leaves a space to be filled that, I should

say, offers the best possible opening.

Had Mr. Bidwell been in his proper professional position here when

the Government was called upon to appoint to the places now filled,

or on the eve of being filled, by those gentlemen, there is not one

of those high judicial positions to which it would not have been at

once a pride and a pleasure both to myself and my colleagues to

have advised his appointment. Vice-Chancellor Jameson's health,

too, will probably ere long lead to his retirement. When that time

arrives, will our friend's continued absence be still a barrier to

the gratification of our wishes?

If the affairs of the Province shall be then conducted by the same

Councils as now sway them, I may say, with almost the same

confidence of that future as I do of the past, that it will be the

only obstacle to such gratification. I should add, too, that last

winter one of my colleagues who, as well as myself, has always

taken a particular interest in Mr. Bidwell's return to the

Province, wrote to him, informing him of the Judiciary measures

intended to be introduced by the Administration, and giving him to

understand as distinctly as could properly be done, that, if he had

returned to this country when those measures were to go into

operation, it would afford us and our colleagues the greatest

pleasure to have it in our power to advise his being placed in a

situation alike agreeable to his tastes, deserving of his talents,

and satisfactory to the public at large. And though, when he wrote

first, he expressed some doubt of the Bills becoming law during the

last session, yet shortly after, when it was felt expedient to

carry them through, he again wrote to inform Mr. Bidwell that this

would be done if the sanction of Parliament was obtained to the

measures. Whether, in my letters to Mr. Bidwell, on the subject of

his return, I have appeared to him not to speak with sufficient

warmth, I know not. It has, at all events, not been from

indifference to the object. I certainly have felt that, in the

uncertainty that must for the future attach to political power,

there was a great responsibility in urging one in good business

elsewhere to leave that and throw his fortunes again in with us

here. I am naturally cautious, and my caution may have led me to

speak less warmly than I felt, particularly when I found my first

appeals unsuccessful. But he ought, and I hope, does, appreciate my

motives. It is true his ear may be poisoned by having had unjust

suspicions poured into it. I know I have never afforded any just

grounds for such suspicions, and I feel confident that his generous

nature would have been far above conceiving any such, had they not

been suggested by others. I am, however, perhaps doing wrong. It

may be that none such have ever been thought of by anyone. I trust

it is so. If otherwise, it is but just to myself to say that they

are the foulest, basest and most malignant that mortal ever

breathed.

Rev. Dr. Bangs attended the Conference at Brockville in 1850, as a

delegate from the American General Conference. On his return to New York

he wrote a letter to Dr. Ryerson on the 3rd July:--

I think my trip to Canada was one of the most pleasant tours I ever

made, and shall reflect upon it with peculiar delight. I have

commenced, as you will perceive by the _Christian Advocate_, to

give the public an account of my visit to your Conference.

The pleasure we enjoyed in our visit to Canada, and especially your

hospitality at Toronto, makes us feel truly thankful to God for

such hallowed friendships, and reminds us more forcibly than ever

of that eternal union which the spirits shall enjoy in a future

world.

Dr. Ryerson made a second educational trip to Europe in October, 1850.

Writing to me from London on the 8th November, he said:--The day before

yesterday, I left Lord Elgin's note of introduction, with my card, at

the Colonial Office; the same evening I received a note, appointing

yesterday for an interview. Mr. (afterwards Sir B.) Hawes, the

Under-Secretary was present. It was most agreeable and gratifying. Lord

Grey seemed much delighted with what had been done, educationally, in

Upper Canada; and of which he was until then, entirely ignorant. Mr.

Hawes asked if I had published any report of my tour in Europe, or the

results of it; and as I happened to have a copy of each of the documents

I brought with me, I presented Lord Grey with copies of them. He seemed

surprised that he had not seen them before, and said he must write to

Lord Elgin to send him a copy of each of them for the office. The

conversation extended to the United States--our system of Government as

contrasted with theirs, etc. Lord Grey and Mr. Hawes appeared

entertained and pleased. His Lordship offered to aid me in any way, in

his power, that I might devise; and asked me to dine with him.

Last evening, I received from Lord Grey letters of introduction to the

Marquis of Lansdowne (President of the Privy Council Committee of

Education) to the Rt. Hon. T. B. Macaulay, and Mr. Lingard, successor of

Sir J. P. Kay Shuttleworth, and an unsealed letter of introduction from

Mr. Hawes, to Sir Henry Ellis, Librarian of the British Museum, in which

he said: This will be presented to you by Dr. Ryerson, of Canada, who

has rendered great services to the cause of education, not only by his

writings, but by his great exertions.

Both Lord Grey and Mr. Hawes seemed to know something about me; and the

above copy of note shows the spirit in which they are desirous of aiding

me. I shall now commence my work here in good earnest.

Lord Grey introduced the subject of the Toronto University, and of the

Bishop of Toronto's Mission to this country, and when he found that I

had a copy of the amended University Bill, and the proceedings of the

Wesleyan Conference on the subject, he requested them for perusal. In my

next interview with His Lordship I shall introduce the subject of the

clergy reserves.

I have been very cordially received at the Wesleyan Mission House. I was

affected to see Dr. Bunting's great bodily weakness, and surprised to

see his intellect clear, quick, and powerful as ever. When he walks, he

can only step about six inches at a time. I expect to hear him on Sunday

morning, in the same Chapel (Spitalfields Chapel--a once French church,

in which the eloquent Saurin has preached, and made a collection for the

refugee Huguenots to the amount of £3,000) in which I preached last

Sunday, and aided in administering the Lord's Supper.

On the 10th January, 1851, Dr. Ryerson addressed the following note to

Sir Benjamin Hawes, from Paris: I saw Cardinal Wiseman on the strength

of your kind note of introduction. He appeared to be pleased with the

compliment which my call involved--invited me to hospitalities which I

think it would not be prudent for me to accept, and promised to have a

list of popular (but not denominational) reading books prepared, and the

books selected for my inspection on my return to London.

I most fervently hope that you will be prepared to bring before

Parliament, early in the approaching session, a Bill to settle the

Canadian clergy reserve question--the only remaining obstacle to the

social harmony of Canada, and to its affectionate and permanent union

with the Mother Country.

* * * * *

In 1852, the new buildings of the Education Department and Normal

School, as shown in the accompanying engravings were completed. For Dr.

Ryerson's Office see page 422.

Being in England in 1853, Dr. Ryerson wrote to me there:--

I was glad to learn that Lord Elgin was to go in the same steamship

with you from Boston. I have no doubt it will have proved

interesting to him as well as to you, and perhaps useful to you. I

miss you very much from the office, but I do not like to employ any

more aid without sanction of the Government, though I could get no

one to take your place. I would wish you to write me what Lord

Elgin may have thought or said as to our doings and plans of

proceeding. If the Library plan succeeds, it will achieve noble

results.[134] I feel that our success and happiness in the

Department are inseparably united.

In 1854 Dr. Ryerson was appointed a member of Commission to enquire into

matters connected with King's College, Fredericton, N.B. His

fellow-commissioners were Hon. J. H. Gray, Dr. Dawson, Hon. J. S.

Saunders, and Hon. James Brown. Mr. Grey the Chairman, in transmitting

the Report of the Commission to the Provincial Secretary of New

Brunswick, said:--

I beg to express, with the full conscience of my

fellow-commissioners, our acknowledgment of the very valuable

assistance offered us by Dr. Ryerson. His great experience, and

unquestioned proficiency in all subjects connected with Education,

justly entitles his opinions to great weight.

FOOTNOTES:

[133] Being a member of the Conference Committee appointed to confer

with the Government on the establishment of Manual Labour Schools for

the Indians, Rev. Peter Jones, in writing to Dr. Ryerson from the

Credit, on the subject, in September, 1844, said:--You will be glad to

see that our Indian brethren have subscribed liberally, which shews

their ardent desire to have Manual Labour Schools established amongst

them. We forwarded a copy to the Governor-General, and His Excellency

was pleased to approve of the liberality of the Indian tribes. From the

manner in which His Excellency has always spoken of Indian Manual Labour

Schools, I am sure that he will take great pleasure in aiding their

establishment. As you have access to the ears of our Great Father at

Montreal, may I beg the favour of your explaining to him the object of

my visit to England, and the necessity of His Excellency's sanctioning

the payment of my expenses. As I intend to visit England for the purpose

of augmenting the funds of the Manual Labour Schools, I think at least

my expenses should be paid out of the Indian subscriptions of $400.

[134] Lord Elgin always referred to Dr. Ryerson's library scheme in his

educational addresses, as the "Crown and Glory of the Institutions of

the Province."

[Illustration: The Ontario Education Department, and Normal and Model

Schools, Erected 1851.]

[Illustration: Education Department, showing Dr. Ryerson's Office for 25

Years, in the S. W. Angle of the Main Building in Front.]

CHAPTER LI.

1849.

The Bible in the Ontario Public Schools.

Early in 1849 an important crisis occurred in the history of our Public

School system, the evil effects of which were only prevented by the

prompt and emphatic protest on the part of Dr. Ryerson, and the equally

prompt measures taken by Hon. Robert Baldwin in the matter. The event to

which I refer was the hurried passage of a revolutionary School Bill at

the end of a Session of Parliament by parties hostile to Dr. Ryerson--a

Bill the effect of which would have been the exclusion of the Bible and

religious teaching and influence from our Public Schools. In regard to

that calamitous event, Dr. Ryerson stated that within three hours of

learning that such a Bill was law he informed Mr. Baldwin that the

office of Chief Superintendent of Education was at his disposal.

I was absent from Toronto at this time. Dr. Ryerson therefore wrote me a

letter on the subject, dated December, 1849, in which he said:--I am

happy to say the scandalous School Bill of last session is upset. The

members of the Government (including the Governor-General) have examined

my letter to Mr. Baldwin, of July last, and have come entirely into my

views. Mr. Malcolm Cameron is also out of office, and is striving to

create opposition against his former colleagues. Some of the extreme

radical papers (_Examiner_, _Mirror_, _Canada Christian Advocate_,

_Provincialist_, &c.,) all state that I had tendered my resignation, and

had been persuaded by one or two members of the Government to withdraw

it, and they speak piteously of the Government having succumbed to me.

The _Canada Christian Advocate_ says I have watched my opportunity to

get "Mr. Baldwin and the Government under my thumb." I have been

permitted to publish the correspondence of July last, and it has placed

me in this new and proud position. I thank God for His goodness in thus

opening before me a wider field of usefulness than ever, and for sealing

at so early a period, with His approbation, adherence to great

principles of Christian truth and social advancement, irrespective of

men or parties. I shall commence the New Year with new courage and

hope, and I am anxious to see you that we may together devise and

prosecute the best means to promote our great work.

The circumstances under which this abortive School Bill, as it proved,

of 1849, was passed, is thus described by Dr. Ryerson in a letter

written ten years afterwards (in 1859):--

From 1846 to 1849 a host of scribblers and would-be school legislators

appeared, led on by the _Globe_ newspaper. It was represented that I had

plotted a Prussian school despotism for free Canada, and that I was

forcing upon the country a system in which the last spark of Canadian

liberty would be extinguished, and Canadian youth would be educated as

slaves. Hon. Malcolm Cameron, with less knowledge and less experience

than he has now, was astounded at these "awful disclosures," and was

dazzled by the theories proposed to rid the country of the enslaving

elements of my Prussian school system. Mr. Cameron was at length

appointed to office; and he thought I ought to be walked out of the

office. Messrs. Baldwin and Hincks (as I have understood), thought I

should be judged officially for my official acts, and that, thus judged,

I had done nothing worthy of evil treatment. The party hostile to me

then thought that, as I could not be turned out of office by direct

dismissal, I might be shuffled out by legislation; and a School Bill was

prepared for that purpose. That Bill contained many good, but more bad

provisions, and worse omissions, but of which only a man who had studied

the question, or rather science, of school legislation could fully

judge. Mr. Cameron was selected to submit it to his colleagues, and get

it through Parliament. He executed his task with his characteristic

adroitness and energy. Mr. Hincks never read the Bill, and had left for

England before it passed. Mr. Baldwin, amid the smoking ruins of a

Parliament House and national library, looked over it, and thought from

the representations given him of its popular objects, and a glance at

the synopsis of its provisions, that it might be an improvement on the

then existing law, while the passing of it would gratify many of his

friends. On examining the Bill, I wrote down my objections to it, and

laid them before the Government, and proceeded to Montreal to press them

in person. I left Montreal in April, 1849, with the expectation that the

Bill would be dropped, or essentially mended. Neither was done; the Bill

was passed in the ordinary manner of passing bills during the last few

hours of the Session; and within three hours of learning that the Bill

was law, I informed Mr. Baldwin that my office was at his disposal, for

I never would administer that law.

As to the effect of Mr. Cameron's Bill on Dr. Ryerson's future, he

said:--The new Bill on its coming into operation, leaves me but one

course to pursue. The character and tendency of the Bill clearly is to

compel me to relinquish office, or virtually abandon principles and

provisions [in regard to the Bible in the Schools] which I have

advocated as of great and vital importance, and become a party to my own

personal humiliation and degradation--thus justly exposing myself to the

suspicion and imputation of mean and mercenary conduct. I can readily

retire from office, and do much more if necessary, for the maintenance

of what I believe to be vital to the moral and educational interests of

my native country; but I can never knowingly be a party to my own

humiliation and debasement. I regret that an unprecedented mode of

legislation has been resorted to to gratify the feelings of personal

envy and hostility. I regard it as a virtual vindication of myself

against oft-repeated allegations, that it was felt I could not be

reached by the usual straightforward administration of Government.

Lately, in the English House of Lords, the Marquis of Lansdowne stated,

that Mr. Lafontaine had returned to Canada, and boldly challenged

inquiry into any of the allegations against him in reference to past

years. I have repeatedly done the same. No such inquiry has been granted

or instituted. Yet I am not only pursued by the base calumnies of

certain persons and papers, professing to support and enjoy the

confidence of the Government, but legislation is resorted to, and new

provisions introduced at the last hour of the Session, to deal out upon

me the long meditated blows of unscrupulous envy and animosity. But I

deeply regret that the blows, which will fall comparatively light upon

me, will fall with much greater weight, and more serious consequences,

upon the youth of the land, and its future moral and educational

interests.... Acting, as I hope I do, upon Christian and public grounds,

I should not feel myself justified in withdrawing from a work in

consequence of personal discourtesy and ill-treatment, or a reduction of

means of support and usefulness. But when I see the fruits of four

years' anxious labours, in a single blast scattered to the winds, and

have no satisfactory ground of hope that such will not be the fate of

another four years' labour; when I see the foundations of great

principles, which, after extensive enquiry and long deliberation, I have

endeavoured to lay, torn up and thrown aside as worthless rubbish; when

I see myself deprived of the protection and advantage of the application

of the principle of responsible government as applied to every other

head of a Department, and made the subordinate agent of a Board which I

have originated, and the members of which I have had the honour to

recommend for appointment; when I see myself officially severed from a

Normal School Institution which I have devised, and every feature and

detail of which are universally commended, even to the individual

capacities of the masters whom I have sought out and recommended; when I

see myself placed in a position, to an entirely novel system of

education at large, in which I can either burrow in inactivity or labour

with little hope of success; when I find myself placed in such

circumstances, I cannot hesitate as to the course of duty, as well as

the obligations of honour and self-respect.... I think it is my right,

and only frank and respectful, on the earliest occasion to state, in

respect to my own humble labours, whether I can serve on terms and

principles and conditions so different from those under which I have, up

to the present time, acted; though I cannot, without deep regret and

emotion, contemplate the loss of so much time and labour, and find

myself impelled to abandon a work on which I had set my heart, and to

qualify myself for which I have devoted four of the most matured years

of my life.

Having now fulfilled my promise--to communicate to you, in writing, my

views on this important and extensive subject--I leave the whole

question in your hands.

The result of this letter was, the suspension and abandonment of the Act

of 1849, and the preparation and passing of the Act of 1850.

Now Mr. Cameron might naturally feel deeply at the repeal of his own Act

without a trial; but after he had time for further examination and

reflection, and a more thorough knowledge of the nature and working of

the system I was endeavouring to establish, I believe no man in Canada

more sincerely rejoiced than Mr. Cameron at the repeal of the Act of

1849, and no man has more cordially supported the present system, or

more frankly and earnestly commended the course I have pursued.[135]

The letter to Mr. Baldwin was written on the 14th July, 1849. Speaking

of it, Dr. Ryerson said:--

In the former part of that letter I stated the circumstances under which

the Act of 1849 had passed, and the fact that my remonstrance against it

had not been even read. I then stated what I considered insuperable

objections to it. I will quote part of my eighth and tenth

objections:--the former relating to the exclusion of ministers as

school visitors--the latter relating to the exclusion from the schools

of the Bible and books containing religious instruction. They are as

follows:--

Another feature of the new Bill is that which precludes Ministers

of Religion, Magistrates, and Councillors, from acting as school

visitors, a provision of the present Act to which I have heard no

objection from any quarter, and from which signal benefits to the

schools have already resulted. Not only is this provision retained

in the School Act for Lower Canada, but Clergymen--and Clergymen

alone--are there authorized to select all the school books relating

to "religion and morals" for the children of their respective

persuasions. But in Upper Canada, where the great majority of the

people and Clergy are Protestant, the provision of the present Act

authorizing Clergymen to act as School Visitors (and that without

any power to interfere in school regulations or books) is repealed.

Under the new Bill, the Ministers of religion cannot, therefore,

visit the schools as a matter of right, or in their character as

Ministers, but as private individuals, and by the permission of the

teacher at his pleasure. The repeal of the provision under which

Clergymen of the several religious persuasions have acted as

visitors, is, of course, a virtual condemnation of their acting in

that capacity. When thus denuded by law of his official character

in respect to the schools, of course no Clergyman would so far

sanction his own legislative degradation as to go into a school by

suffrance in an unministerial character.... The character and

tendency of such a change in connection with the Protestant

religion of Upper Canada, in contrast with a directly opposite

provision in connection with the Roman Catholic Religion of Lower

Canada, must be obvious to every reflecting person.

To the school-visiting feature of the present system I attach great

importance as a means of ultimately concentrating in behalf of the

schools the influence and sympathies of all religious persuasions,

and the leading men of the country. The success of it, thus far,

has exceeded my most sanguine expectations; the visits of Clergy

alone during the last year being an average of more than five

visits for each Clergyman in Upper Canada. From such a beginning

what may not be anticipated in future years, when information shall

become more general, and an interest in the schools more generally

excited. And who can estimate the benefits, religiously, socially,

educationally, and even politically, of Ministers of various

religious persuasions meeting together at quarterly school

examinations, and other occasions, on common and patriotic ground,

and becoming interested and united in the great work of advancing

the education of the young.

The last feature of the new Bill on which I will remark, is that

which proscribes from the Schools all books containing

"controverted theological dogmas or doctrines." [Under a legal

provision containing these words, the Bible has been ruled out of

schools in the State of New York.] I doubt whether this provision

of the Act harmonizes with the Christian feelings of members of the

Government; but it is needless to enquire what were the intentions

which dictated this extraordinary provision, since construction of

an Act of Parliament depends upon the language of the Act itself,

and not upon the intentions of its framers. The effect of such a

provision is to exclude every kind of book containing religious

truth, even every version of the Holy Scriptures themselves; for

the Protestant version of them contains "theological doctrine"

controverted by the Roman Catholic; and the Douay version of them

contains "theological dogmas" controverted by the Protestant. The

"theological doctrine" of miracles in Paley's Evidences of

Christianity is "controverted" by the disciples of Hume. Several of

the "theological doctrines" in Paley's Moral Philosophy are also

"controverted;" and indeed there is not a single doctrine of

Christianity which is not controverted by some party or other. The

whole series of Irish National Readers must be proscribed as

containing "controverted theological doctrines;" since, as the

Commissioners state, these books are pervaded by the principles and

spirit of Christianity, though free from any tincture of

sectarianism.

I think there is too little Christianity in our schools, instead of

too much; and that the united efforts of all Christian men should

be to introduce more, instead of excluding what little there is.

I have not assumed it to be the duty, or even constitutional right

of the Government, to compel any thing in respect either to

religious books or religious instruction, but to recommend the

local Trustees to do so, and to provide powers and facilities to

enable them to do so within the wise restriction imposed by law. I

have respected the rights and scruples of the Roman Catholic as

well as those of the Protestant.

By some I have been accused of having too friendly a feeling

towards the Roman Catholics; but while I would do nothing to

infringe the rights and feelings of Roman Catholics, I cannot be a

party to depriving Protestants of the Text-book of their faith--the

choicest patrimony bequeathed by their forefathers, and the noblest

birthright of their children. It affords me pleasure to record the

fact--and the circumstance shows the care and fairness with which I

have acted on this subject--that before adopting the Section in the

printed Forms and Regulations on the "Constitution and Government

of the Schools in respect to Religious Instruction," I submitted

it, among others, to the late lamented Roman Catholic Bishop Power,

who, after examining it, said, [he could not approve of it upon

principle, but] he would not object to it, as Roman Catholics were

fully protected in their rights and views, and as he did not wish

to interfere with Protestants in the fullest exercise of their

rights and views.

It will be seen that New England or Irish National School advocates

of a system of mixed schools did not maintain that the Scriptures

and all religious instruction should be excluded from the schools,

but that the peculiarities of sectarianism were no essential part

of religious instruction in the schools, and that the essential

elements and truths and morals of Christianity could be provided

for and taught without a single bitter element of sectarianism. The

advocates of public schools meet the advocates of sectarian

schools, not by denying the connection between Christianity and

education, but by denying the connection between sectarianism--by

comprehending Christianity in the system, and only rejecting

sectarianism from it. The same, I think, is our safety and our

duty....

Dr. Ryerson concludes this part of his letter with these emphatic words:

Be assured that no system of popular education will flourish in a

country which does violence to the religious sentiments and feelings of

the Churches of that country. Be assured, that every such system will

droop and wither which does not take root in the Christian and patriotic

sympathies of the people--which does not command the respect and

confidence of the several religious persuasions, both ministers and

laity--for these in fact make up the aggregate of the Christianity of

the country. The cold calculations of unchristianized selfishness will

never sustain a school system. And if you will not embrace Christianity

in your school system, you will soon find that Christian persuasions

will soon commence establishing schools of their own; and I think they

ought to do so, and I should feel that I was performing an imperative

duty in urging them to do so. But if you wish to secure the co-operation

of the ministers and members of all religious persuasions, leave out of

your system the points wherein they differ, and boldly and avowedly

provide facilities for the inculcation of what they hold in common and

what they value most, and that is what the best interests of a country

require.

Speaking in a subsequent letter of another feature of this question of

the Bible in schools, Dr. Ryerson says: The principal opposition which,

in 1846 and for several years afterwards, I encountered was that I did

not make the use of the Bible compulsory in the schools, but simply

recognized the right of Protestants to use it in the school (not as an

ordinary reading book, as it was not given to teach us how to read, but

to teach us the way to Heaven), as a book of religious instruction,

without the right or the power of compelling any others to use it. The

recognition of the right has been maintained inviolate to the present

time; facilities for the exercise of it have been provided, and

recommendations for that purpose have been given, but no compulsory

authority assumed, or right of compulsion acknowledged; and the

religious exercises in each school have been left to the decision of the

authorities of such school, and the religious instruction of each child

has always been under the absolute authority of the parents or guardian

of each child.... Now many a parent may not exercise the right of using

the Bible as a text-book of religious instruction for his child in

school, but would even such parent (much less every Protestant parent)

be willing to be deprived of that right?

To the objection that the Bible is "often read in a formal and

perfunctory manner without any real benefit being derived from it by the

pupils," Dr. Ryerson replied: Is not the Bible often read in the family,

and even in the Church, "in a formal and perfunctory manner," without

any benefit to either reader or hearers: but should we, therefore, take

away even "the abstract right of reading the Bible" in the family and in

the Church?

To the objection urged against the reading of the Bible in the schools

because "a majority of the teachers are utterly unfit to give religious

instruction," Dr. Ryerson replied: The reading of the Bible and giving

religious instruction from it are two very different things. The

question is not the competency of teachers to give religious

instruction, but the right of a Protestant to the reading of the Bible

by his child in the school as a text-book of religious instruction. That

right I hold to be sacred and divine.

To a rejoinder that "the cry for the Bible in the schools is a sham,"

Dr. Ryerson thus replies: Apart from religious instruction, apart from

even the reading of the Bible in the schools, the right of having it

there--its very presence there--is not "a sham," but a sign, a symbol of

potent significance. The sign of the Cross ... is not a "sham," but a

symbol precious to the hearts of hundreds of thousands of our brethren;

the coat of arms which stands at the head of all royal patents, nor the

sparkling crown which encircles the brow of royalty, is not "a sham,"

but a symbol which speaks more than words to every British heart; the

standard that waves at the head of the regiment, nor the flag that

floats at the ship's masthead is not "a sham," but a symbol that nerves

the soldier and the sailor to duty and to victory. So the Bible is not

"a sham," but a symbol of right and liberty dear to the heart of every

Protestant freeman, to every lover of civil and religious liberty--a

standard of truth and morals, the foundation of Protestant faith, and

the rule of Protestant morals; and "the cry" for the Bible in the

schools is not a "sham," but a felt necessity of the religious

instructor, whether he be the teacher or a visiting superintendent or

clergyman,--is the birthright of the Protestant child, and the

inalienable right of the Protestant parent....

No man attaches more importance than I do to secular education and

knowledge, and few men have laboured more to provide for the teaching

and diffusion of every branch of it; yet, so far am I from ignoring the

Bible, even in an intellectual point of view, that I hesitate not to

say, in the language of the eloquent Melville, that--

Whilst every stripling is boasting that a great enlargement of mind

is coming on the nation, through the pouring into all its dwellings

a tide of general information, it is right to uphold the forgotten

position, that in caring for man as an immortal being, God cared

for him as an intellectual, and that if the Bible were but read by

our artizans and our peasantry, we should be surrounded by a far

more enlightened and intelligent population, than will appear to

this land, when the school-master, with his countless magazines,

shall have gone through it, in its length and its breadth.

With a view to supply an omission, and to provide a Manual on Christian

Morals for the schools, Dr. Ryerson, in 1871, prepared a little work,

entitled _First Lessons in Christian Morals_. This work was recommended

by the Council of Public Instruction for use in schools. It was objected

to by the _Globe_ newspaper on several grounds. To each of these

objections Dr. Ryerson replied. The first and second objections referred

to alleged errors and defects in style. In a letter on the subject,

written in April, 1872, Dr. Ryerson said:--

Your third objection is against any book of religious instruction being

recommended for use in the public schools. To this objection I reply,

firstly, that the want of such a book has been not only felt, but

expressed, from different quarters. Secondly, the Irish National Board

have not only books on this subject, in their authorized list of school

text books, but the Council of Public Instruction has long authorized

three of them; each of which contains more reading than any one book of

mine. Thirdly, in the Toronto University College, not only is Paley's

"Evidences of Christianity" an authorized text book, but also Dr.

Wayland's "Moral Science," of the most essential parts of which my books

are an epitome.

A fourth objection is that I have given a summary of the "Evidences of

Christianity," in respect especially to the inspiration of the

Scriptures, miracles, and mysteries. In reply, I observe, first, that if

young men, before they finish their collegiate education, should be

fortified on this ground, it is equally necessary that those youths who

finish their education in the public schools should not be left unarmed

on this point. Secondly, pupils in the public schools of the fourth and

fifth years are quite as capable of understanding the few pages in which

I have condensed and simplified the answers to the common infidel

objections, as are young men at college to master the large text books

prescribed on the subject. Thirdly, the Irish National Board has

provided a book on the subject to which I have devoted two lessons. On

the list of text books authorized by the Irish National Board is one

entitled, "Lessons on the Truth of Christianity, being an appendix to

the Fourth Book of Lessons, for the use of Schools." This book enters

far more largely into the subject of miracles than I have done, besides

the additional two lessons of answers to infidel objections.

A fifth objection is that I have pointed out the defects of the

teachings of Natural Religion, and shown the superiority of the

teachings of Revelation over those of Natural Religion. In this I have

followed the example of Rev. Dr. Wayland, President of Brown University,

R. I.

A sixth objection is, that I have not confined myself to those "laws

which regulate our natural obligations;" that I have taught the

"positive institutions" of Christianity, such as repentance, faith,

reading the Scriptures, personal devotion, family worship, attendance at

public worship. In this I have also followed Dr. Wayland. In the

conclusion of this letter Dr. Ryerson offers this "apology" for writing

his little book on "Christian Morals:" Besides desiring a small amount

of religious teaching, one hour (Monday morning) in the week, for the

senior pupils of the Public Schools, which the trustees and parents

might approve, I did desire a united testimony on the part of

Protestantism, as there is a united testimony on the part of Roman

Catholicism, as to religious teaching in the schools. One County

Inspector writes, that the Roman Catholic priest, in a separate school

which the Inspector visited, said, "Your schools are atheistic. You

don't acknowledge God." The same charge has been often repeated by the

same authority against the public schools. While I have provided and

contended for full provision by which the Roman Catholics could teach

their own children in their own books of religious instruction, I did

desire that there might be a somewhat corresponding unity of testimony

and teaching in religious principles and duties of common agreement

among Protestants, being first most strongly impressed with its

feasibility by the remarks of the late excellent Rev. A. Gale, who, when

principal of Knox's Academy, on closing a public examination of the

pupils, said that he was persuaded, from his own experience, that all

needful religious teaching could be given to pupils at schools without

infringing upon any denominational peculiarity. I had long meditated,

and at length sought to realize this grand idea in our public schools.

One discordant note has interrupted the harmony. The responsibility of

the failure, if it is to be a failure, is not with me. I hope the

Protestant Christians of Canada will yet realize it, and that my country

will yet enjoy the untold advantages of it, though I may die without the

sight.

FOOTNOTES:

[135] Mr. Cameron's avowals on the subject are frank and manly. On the

occasion of his nomination for the County of Lambton, in October, 1857,

he thus referred to the School System, and to its founder:--

On the whole, the system had worked well, the common schools of Canada

were admirable, and had attracted the commendation of the first

statesmen in the United States, and even in Great Britain they proposed

to imitate Canada. He was opposed to Dr. Ryerson's appointment

politically, but he would say, as he had said abroad, that Canada and

her children's children owed to him a debt of gratitude, as he had

raised a noble structure, and opened up the way for the elevation of the

people.

CHAPTER LII.

1850-1853.

The Clergy Reserve Question Transferred to Canada.

The re-opening of the clergy reserve question by Bishop Strachan, with a

view to obtain relief in the temporary distress mentioned in Chapter

xlviii., proved to be a fatal step, so far as his hopes for securing

"better terms" were concerned. In the next year after he had issued his

pastoral appeal for help, the clergy reserve fund yielded an increase,

"and an expectation of a gradual increase annually was officially

expressed." ("Secular State of the Church," page 11.)

The Bishop's complaint against the Provincial Government (Chapter

xlviii., page 379) was that its management of the clergy reserve lands

was wasteful and extravagant. An effort was therefore made, in 1846, to

vest these lands in the religious bodies then entitled to a share in the

income derived from their sale. Mr. Gladstone communicated with the

Governor-General on the subject, with this view, in February, 1846. The

proposal, was, however, viewed with alarm, as well as was the fact that

such efforts being made in England showed that, as in 1840, so in 1846,

the rights of the Canadian people to this patrimony could be at any time

alienated or extinguished by the Imperial Government, without the

official knowledge or consent of the Canadian Parliament.

These two facts, when they became known and appreciated by the people of

Upper Canada, led to the taking of decisive steps to prevent them from

becoming realities. The representatives in the Canadian House of

Assembly of the Bishop of Toronto sought to get an address to the Crown

passed, with a view to vesting a portion of the lands in the Church

Society of Toronto. Hon. Robert Baldwin warned the friends of the Bishop

of the impolicy and imprudence of such a proposition, and pointed out

that if the clergy reserve question was thus re-opened, the former

fierce agitation on the subject would be resumed, which might "end in

the total discomfiture of the Church." His warning was unheeded, and

although the motion for vesting the lands as proposed was rejected, by a

vote of 37 to 14, yet the Bishop in his charge, delivered the next year

(in June, 1847), said:--

After all, our great desire continues to be to acquire the

management of what is left to the Church of the reserves; and why

this reasonable desire is not complied with remains a matter of

deep regret (page 19).

The question thus brought before the Legislature, led to its being

brought before the people, until it became a subject of discussion in

political meetings and election contests. Finally, in 1850, the

Government of the day secured the passage in the House of Assembly of an

address to the Crown, praying for the repeal of the Imperial Clergy

Reserve Act of 1840. In that address it is stated that--

During a long period of years, and in nine successive sessions of

the Provincial Parliament, the representatives of the people of

Upper Canada, with an unanimity seldom exhibited in a deliberative

body, declared their opposition to religious endowments.... The

address further pointed out that the wishes of the people were

thwarted by the Legislative Council, a body containing a majority

avowedly favourable to the ascendancy of the Church of England.

That the Imperial Government, from time to time, invited the

Provincial Parliament to legislate on the subject of these

reserves, disclaiming on the part of the Crown any desire for the

superiority of one or more particular Churches; that Your Majesty's

Government, in declining to advise the Royal assent being given to

a Bill, passed by a majority of one, for investing the power of

disposing of the reserves in the Imperial Parliament, admitted that

from its inaccurate information as to the wants and general

opinions of society (in which the Imperial Parliament was

unavoidably deficient), the question would be more satisfactorily

settled by the Provincial Legislature; that subsequently to the

withholding of the Royal assent from the last-mentioned Bill, the

Imperial Parliament passed an Act disposing of the proceeds of the

clergy reserves in a manner entirely contrary to the formerly

repeatedly expressed wishes of the Upper Canadian people, as

declared through their representatives, and acknowledged as such in

a message sent to the Provincial Parliament by command of Your

Majesty's Royal predecessor.

That we are humbly of opinion that the legal or constitutional

impediments which stood in the way of provincial legislation on

this subject should have been removed by an Act of the Imperial

Parliament; but that the appropriation of revenues derived from the

investment of the proceeds of the public lands of Canada, by the

Imperial Parliament, will never cease to be a source of discontent

to Your Majesty's loyal subjects in this Province; and that when

all the circumstances connected with this question are taken into

consideration, 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 we are nevertheless of

opinion that the claims of existing incumbents should be treated in

the most liberal manner; and that the most liberal and equitable

mode of settling this long-agitated question, would be for the

Imperial Parliament to pass an Act providing that the stipends and

allowances heretofore assigned and given to the clergy of the

Church of England and Scotland, or to any other religious bodies or

denominations of Christians in Canada, and to which the faith of

the Crown is pledged, shall be secured during the natural lives or

incumbencies of the parties now receiving the same ... subject to

which provision the Provincial Parliament should be authorized to

appropriate as, in its wisdom, it may think proper, all revenues

derived from the present investments, or from those to be made

hereafter whether from the proceeds of future sales, or from

instalments on those already made.

As the agitation proceeded, Bishop Strachan and Dr. Ryerson again became

involved in it. The Bishop took the lead, and addressed a letter to Lord

John Russell on the subject. Dr. Ryerson at once joined issue with the

Bishop, and prepared the following able rejoinder in reply to the

Bishop's letter. He said:--

The statements of the Lord Bishop of Toronto, in his letter to Lord John

Russell, dated Canada, February 20th, 1851, and in his Charge delivered

to the clergy of the Diocese of Toronto, in May, 1851, relate to the

same subjects, and appear to be designed for perusal in England, rather

than in Canada. These statements, as a whole, are the most extraordinary

that I ever read from the pen of an ecclesiastic, much less from the pen

of a Bishop of the Church of England, and an old resident and prominent

actor in the affairs of the country of which he speaks. These statements

are not only incorrect, but they are, for the most part, the reverse of

the real facts to which they refer; and where they are most groundless,

they are the most positive. To discuss them _seriatim_ would occupy a

volume. I will, as briefly as possibly, notice the most important of

them under the following heads:--

1. The circumstances and objects of the original Clergy Land

Reservation.

2. The position of the Church of England in Canada, and the professed

wishes of the Lord Bishop.

3. The conduct of the Imperial and Canadian Governments towards the

Church of England.

4. The effect of the union of the two Canadas on the proceedings and

votes of the Legislative Assembly in regard to the Church of England.

5. Public grants to the Church of Rome, and the endowment of that Church

in Lower Canada.

6. The Toronto University and Public Schools.

I am to notice in the first place the statements of the Lord Bishop

respecting the circumstances and objects of the Clergy Land Reservation.

He speaks of it as having been suggested by the circumstances of the

American revolution, and as having been intended as the special reward

of those who adhered to the Crown of England during that seven years'

contest.

The Bishop says:--

At the close of the war, in 1783, which gave independence to the

United States, till then colonies of the British Crown, great

numbers of the inhabitants, anxious to preserve their allegiance,

and, in as far as they were able, the unity of the empire, sought

refuge in the western part of Canada, beyond the settlements made

before the conquest under the King of France. These loyalists, who

had for seven years perilled their lives and fortunes in defence of

the throne, the law, and the religion of England, had irresistible

claims when driven from their homes into a strange land (yet a vast

forest), to the immediate protection of government, and to enjoy

the same benefits which they had abandoned from their laudable

attachment to the parent State.

The Bishop subsequently states [See Chapter xxviii., page 219] that the

object of the Constitutional Act of 1791 was

More especially to confer upon the loyalists such a constitution as

should be as near a transcript as practicable of that of England,

that they might have no reason to regret, in as far as religion,

law, and liberty were concerned, the great sacrifices which they

had made.

Allusions of this kind pervade a considerable part of the Bishop's

letter, and furnish the first example, within my knowledge, of any

writer attempting to invest the dispute between the American colonies

and the mother country with a religious character; when every person the

least acquainted with the history of those colonies, and of that

contest, knows that the question of religion was never alluded to on the

part of the colonists--that General Washington and other principal

leaders in the revolution were professed Episcopalians--that the Church

of England did not exist as an established church in any of those

colonies, unless adopted as such by the local legislature, as in the

case of Virginia--and that in the northern and eastern parts of those

colonies, whence the first emigration to Upper Canada took place after

the peace of 1783, the Church of England never did exist as an

established church. Therefore, for the "religion of England" in that

sense, those "loyalists" never could have "perilled their lives and

fortunes;" nor could they have been influenced by any predilections for

an establishment which they had never seen. The Bishop says truly that:

The noble stand which the Province made against the United States

in the war of 1812, in which the attachment of its inhabitants to

the British empire was a second time signally displayed, brought

the country into deserved notice.

But nothing can be more fallacious than the claims he would found upon

this fact, any more than those of the American revolution of 1776, to

the clergy reserve land. For the Lord Bishop himself, when Archdeacon of

York, in a printed discourse on the death of the first Bishop of Quebec,

represents the benefits of the establishment as "little felt or known"

in Upper Canada, and states that down to the close of the American War

of 1812--namely, in 1815--there were but five clergymen of the Church of

England in that vast province. And a few years afterwards, December

22nd, 1826, the Upper Canada House of Assembly, consisting of the

representatives of the Loyalists and their sons, who had twice "signally

displayed their attachment to the British empire," adopted, by the

extraordinary majority of 30 to 3, the following remarkable and

significant resolution:--

_Resolved_, that the Protestant Episcopal Church in the Province

bears a very small proportion to the number of other Christians,

notwithstanding the pecuniary aid long and exclusively received

from the benevolent society in England by the members of that

Church, and their pretensions to a monopoly of the clergy reserves.

The original Loyalist settlers of Upper Canada, and their immediate

descendants, must be held to have understood their own feelings and

sentiments better than the Lord Bishop: and the almost unanimous

expression of such sentiments, through their representatives twenty-five

years since, together with other circumstances to which I have referred,

show how greatly mistaken is his Lordship, and how perfectly baseless

are his assumptions and frequent allusions and appeals in reference to

the hopes, wishes and sentiments of the original settlers of Upper

Canada as a ground of claim to the clergy reserves in behalf of the

Church of England.

I have next to say a few words on the Bishop's statement as to the

position of the Church of England in Canada, and the professions which

he makes in respect to her position. He says, "Our position has, for

some time, been that of a prostrate branch of the National Church;" and

that position he, in another place, calls "a condition of inferiority to

other religious denominations;" and he says, "she has been placed below

Protestant dissenters, and privileges, wrested from her, have been

conferred upon them." As to the position in which the Bishop would wish

the Church of England in Canada to be placed, he says, "We merely claim

equality, and freedom from oppression."

These expressions are deeply to be regretted, when it is perfectly

notorious that the pre-eminence and peculiar civil advantages claimed by

the Bishop for the Church of England, have been the ground of all the

disputes which have agitated the Legislature and people of Upper Canada

for more than twenty-five years; when every person of the least

intelligence in Canada knows that the Church of England, besides other

large educational and pecuniary patronage of government, enjoyed until

1840 an exclusive monopoly of the clergy lands which the Legislative

Assembly of Upper Canada long contended, and which the judges of England

have decided, extended by law to Protestants generally--that the Church

of England enjoys at this moment the greater part of the annual proceeds

of the sales of those lands, besides rectory endowments of portions of

them--that every political and religious party in Canada awards every

thing to the Church of England that they ask for themselves--"equality

and freedom from oppression." During the present session of the

Legislature, Bills have passed the Assembly giving the Church of England

in Lower Canada all the facilities of holding property and managing her

affairs which have been desired by the Bishop of the Diocese, as had

been granted a few years since in Upper Canada; and when it was objected

that privileges were given by such Bills to the Church of England not

possessed by any other religious persuasion, it was replied that others

might obtain them by asking for them, and the Bills in question were

passed with only two dissentient votes.

I repeat the expression of my regret that the Bishop should draw

entirely upon his imagination for such statements, and that his feelings

should prompt him to represent objections to his own particular views

and pretensions as oppression and persecution of the Church of England.

The next class of the Bishop's statements which I shall notice, relate

to the conduct of the Imperial and Canadian Governments towards the

Church of England. Throughout his voluminous documents the Bishop

represents the conduct of government, both Imperial and Colonial, as

hostile to the Church of England; and employs, in some instances, terms

personally offensive. The great question at issue is thus stated by the

Bishop himself in his recent charge to his clergy:--

In 1819, the law officers of the Crown gave it as their opinion

that the words Protestant clergy embraced also the ministers of the

Church of Scotland, not as entitling them to endowment in land, but

as enabling them to participate in the proceeds of the reserves,

whether sold or leased. In 1828, a select committee of the House of

Commons extended the construction of the words Protestant clergy to

the teachers of all Protestant denominations; and this

interpretation, though considered very extraordinary at the time,

was confirmed by the twelve judges in 1840.

In his letter to Lord John Russell, the Bishop alludes to two of these

decisions in terms peculiarly objectionable, while he omits all

reference to the latter. He says:--

The Established Church of Scotland claimed a share of those lands,

or the proceeds, as a National Church within the Empire; and in

1819, the Crown lawyers made the discovery that it might be

gratified, under the 37th clause of the 31st of George III., chap.

31. Next, the select committee of the House of Commons, in 1828, on

the Civil Government of Canada, influenced by the spurious

liberality of the times, extended this opinion of the Crown lawyers

to any Protestant clergy.

The Bishop thus impugns the impartiality and integrity of the opinions

expressed by the law officers of the Crown in England, and by the select

committee of the House of Commons, sarcastically calling the one a

"discovery," and ascribing the other to "spurious liberality;" while he

declares that the Act 3 and 4 Victoria, chapter 78 (which only carried

partially into effect the decision of the twelve judges, and was, as he

states, agreed to by the Archbishop of Canterbury and the other Bishops

in London), "deprived the Church of England in Canada of seven-twelfths

of her property."

In other documents the Bishop has designated this Act "an act of

spoliation," and "robbery" of the Church of England.

When the Bishop employs language of this kind in respect to Acts of

Parliament and the official opinions in regard to their provisions, he

cannot reasonably complain if other parties should respect them as

little as himself, much less regard them as a "final settlement" of a

question to which they have not been parties, and against which they

have always protested. Under any circumstances, it is singular language

to be employed by a person towards a government by whose fostering

patronage he has become enriched. The fact is, that the successive

Governors of Upper Canada have been members of the Church of England;

that the principal cause of their unpopularity, and the most serious

difficulties which both the Imperial and local governments have had to

encounter in the colony, have arisen from their efforts to secure as

much for the Church of England, in the face of the popular indignation

and opposition, so much inflamed and strengthened by the irritating

publications and extreme proceedings of the Bishop himself. It is

understood that the report of the committee of the House of Commons on

the civil government of Canada, in 1828, was written by Lord Stanley.

However that may be, the sentiments of that report on the clergy reserve

question were strongly expressed by his Lordship in his speech on the

subject, 2nd May, 1828; and he and the other distinguished men who

investigated the subject at that time, know whether they were

"influenced by a spurious liberality" in the conclusion at which they

arrived, or whether they were guided by a sense of justice, and yielded

to the weight of testimony. At all events, the grave decision of the

twelve judges of England to the same effect ought to have suggested to

the Bishop other terms than those of "spurious liberality,"

"spoliation," and "robbery," and to have protected not only the "powers

that be," but the great majority of the Canadian people, from the shafts

of his harsh imputations.

Here I think it proper to correct the Bishop's repeated references to

the origin and circumstances of the differences of opinion in Upper

Canada, as to the import of the words "Protestant clergy," and the

"right of dissenting denominations" to participate in the benefit of the

clergy reserves. He represents those differences as having originated

with the clergy of the Kirk of Scotland, and that the idea that any

other than the clergy of the Church of England had a right to

participate in the benefit of the reserves was never entertained in

Upper Canada until the friends of the Kirk of Scotland commenced the

agitation of the question.

So far from this representation being correct, it appears that

the first submission of the question to the law officers of the

Crown in England took place at the request of Sir P. Maitland,

in reference, not to the clergy of the Kirk of Scotland, but to

"all denominations" of Protestants--a question on which Sir P.

Maitland, then Lieutenant-Governor of Upper Canada, states in a

despatch to Earl Bathurst, dated 17th May, 1819, that there was not

only a "difference of opinion" on the subject, but "a lively feeling

throughout the Province." It appears that certain "Presbyterian

inhabitants of the town of Niagara and its vicinity" (not at that

time in connexion with the Church of Scotland), petitioned Sir P.

Maitland for "an annual allowance of £100 to assist in the support

of a preacher," to be paid "out of funds arising from the clergy

reserves, or any other fund at His Excellency's disposal." In

transmitting a copy of this petition to Earl Bathurst, Sir P.

Maitland ("York, Upper Canada, 17th May, 1819,") remarks as

follows:--

The actual product of the clergy reserves is about £700 per annum.

This petition involves a question on which I perceive there is a

difference of opinion, viz., whether the Act intends to extend the

benefit of the reserves, for the maintenance of a Protestant

clergy, to all denominations, or only to those of the Church of

England. The law officers incline to the latter opinion. I beg

leave to observe to your Lordship, with much respect, that your

reply to this petition will decide a question of much interest, and

on which there is a lively feeling throughout the Province. [See

page 221.]

Earl Bathurst's reply to this despatch is dated "Downing Street, 6th

May, 1820," and commences as follows:--

Having requested the opinion of His Majesty's law officers as to

the right of dissenting Protestant ministers, resident in Canada,

to partake of the lands directed by the Act of the 31st George

III., c. 31, to be reserved as a provision for the support of a

Protestant clergy, I have now to state that they are of opinion

that though the provisions made by the 31st George III., c. 31, ss.

36 and 42, for the support and maintenance of a Protestant clergy,

are not confined solely to the Church of England, but may be

extended also to the clergy of the Church of Scotland, yet that

they do not extend to dissenting ministers, since the terms

Protestant clergy can apply only to the Protestant clergy

recognized and established by law.

It is thus clear that the question of the right of different Protestant

denominations to participate in the benefit of the clergy reserves did

not originate in any claims or agitation commenced by the clergy of the

Church of Scotland; that as early as the beginning of 1819, (only four

years after the close of the last American War, during which, as the

Bishop truly says, "the attachment of the inhabitants to the British

empire was a second time signally displayed,") there was "a lively

feeling throughout the Province" on the subject. The first Loyalist

settlers, and their immediate descendants, were opposed to the Bishop's

narrow construction of the Act 31st George III., chapter 31; their

representatives in the Legislative Assembly maintained invariably the

liberal construction of the Act; the select committee of the House of

Commons in 1828, on the Civil Government of Canada, after taking

evidence as to the intentions of the original framers of the law,

expressed the same opinion, and that opinion was ultimately confirmed by

the decision of the twelve judges in 1840. The Bishop is, therefore, as

much at fault in his facts on this point, as he is in the language he

employs in reference to Imperial legal opinions, and an Imperial Act of

Parliament.

It now becomes my duty to examine another large class of statements,

which I have read with great surprise and pain; and which are, if

possible, less excusable than those which I have already noticed. I

refer to the Bishop's statements in regard to the influence of the union

of the two Canadas on the votes and proceedings of the Legislative

Assembly of the united Province, on the question of the clergy reserves.

The Bishop, in his letter to Lord John Russell (referring to the Address

of the Legislative Assembly, at the session of 1850, to the Queen),

states as follows:--

Before the union of Upper and Lower Canada, such an unjust

proceeding could not have taken place, for, while separate, the

Church of England prevailed in Upper Canada, and had frequently a

commanding weight in the Legislature, and at all times an influence

sufficient to protect her from injustice. But since their union

under one Legislature, each sending an equal number of members,

matters are sadly altered.

It is found, as was anticipated, that the members returned by

dissenters uniformly join the French Roman Catholics, and thus

throw the members of the Church of England into a hopeless minority

on all questions in which the National Church is interested.

The Church of England has not only been prostrated by the union

under that of Rome, and the whole of her property made dependent on

Roman Catholic votes, but she has been placed below Protestant

dissenters, and privileges wrested from her which have been

conferred upon them.

In his recent charge to the clergy of his Diocese, the Bishop remarks

again:--

So long as this diocese remained a distinct colony, no measure

detrimental to the Church ever took effect. Even under the

management and prevailing influence of that able and unscrupulous

politician, the late Lord Sydenham, a Bill disposing of the clergy

reserves, was carried by one vote only--a result which sufficiently

proved that it was not the general wish of the people of the colony

to legislate upon the subject.

I shall first notice that part of the Bishop's statement which relates

to Upper Canada, before the union with Lower Canada. The Bishop asserts

it not to have been "the general wish of the people of the colony to

legislate upon the subject" of the clergy reserves; that the Church of

England prevailed, and had sufficient influence to maintain what he

regards as her just rights. The Bishop has resided in Upper Canada

nearly half a century, and such a statement from him, in direct

contradiction to the whole political history of the Province during more

than half that period, is difficult of solution, though perfectly easy

of refutation. I have already transcribed one of a series of

resolutions, adopted by the Legislative Assembly as early as December,

1826, by a majority of 30 to 3, objecting entirely to the exclusive

pretensions made in behalf of the Church of England. But I find that

nearly a year before this, namely, the 27th of the January preceding,

the House of Assembly of Upper Canada adopted an Address to the King on

the subject, in which it is stated, respectfully, but strongly,--

That the lands set apart in this Province for the maintenance and

support of a Protestant clergy ought not to be enjoyed by any one

denomination of Protestants to the exclusion of their Christian

brethren of other denominations, equally conscientious in their

respective modes of worshipping God, and equally entitled, as

dutiful and loyal subjects, to the protection of Your Majesty's

benign and liberal Government; we, therefore, humbly hope it will,

in Your Majesty's wisdom, be deemed expedient and just, that not

only the present reserves, but that any funds arising from the

sales thereof, should be devoted to the advancement of the

Christian religion generally, and the happiness of all Your

Majesty's subjects of whatever denomination; or if such application

or distribution should be deemed inexpedient, that the profits

arising from such appropriation should be applied to the purposes

of education and the general improvement of this Province.

The following year (January, 1827), the House of Assembly passed a Bill

(the minority being only three), providing for the sale and application

of the whole of the proceeds of the reserves for purposes of education,

and erection of places of public worship for all denominations of

Christians. And, on examining the journals, I find that from that time

down to the union of the Canadas in 1841, not a year passed over without

the passing of resolutions, or address, or bill, by the House of

Assembly of Upper Canada, for the general application of the proceeds of

the reserves, in some form or other, but always, without exception,

against what the Bishop claims as the rights of the Church of England in

respect to those lands.

It is difficult to conceive a more complete refutation than these facts

furnish of the Bishop's statement, that the Church of England prevailed

in Upper Canada, and had a commanding weight in the Legislature; nor

could a stronger proof be required of "the general wish of the people of

the colony to legislate upon the subject," than such a course of

procedure on the part of their representatives for so many years during

successive Parliaments, and amidst all the variations of party and party

politics on all other questions.

It is also incorrect to say that the Bill of Lord Sydenham in 1840 "was

carried by a majority of one vote only." A Bill did pass the Assembly of

Upper Canada the year before, by "a majority of one vote only;" but that

was a Bill to re-invest the reserves in the Imperial Parliament for

"general religious purposes,"--a Bill passed a few hours before the

close of the session, during which no less than forty-eight divisions,

with the record of yeas and nays, took place in the Assembly on the

question of the clergy reserves; and after the Assembly had passed, by

considerable majorities, both resolutions and a Bill to give the Church

of England one-fourth of the proceeds of the clergy reserves, and the

other three-fourths to other religious denominations and to educational

purposes--a Bill which, with some verbal amendments, also passed the

Legislative Council, and against which the Bishop, joined by one other

member, recorded an elaborate protest. But just at the heel of the

session, and after several members of the Assembly voting in the

majority had gone to their homes, a measure (which had been previously

negatived again and again) was passed by a "majority of one vote only"

(22 to 21), to re-invest the reserves--a measure which the law officers

in England pronounced "unconstitutional," as the manner of getting it

through the Canadian Legislature was unprecedented. [See page 249.]

But the measure of Lord Sydenham was carried in the Assembly by a

majority of 4, and in the Legislative Council (of which the Bishop was a

member and voted against the bill) by a majority of 8. A considerable

majority of the members of the Church of England of both Houses of the

Legislature voted for the bill, and were afterwards charged by the

Bishop with "defection," and "treachery" for doing so. [See page 262.]

On this point Lord Sydenham, in a despatch to Lord John Russell, dated

Toronto, 5th February, 1840, stated as follows:--

It is notorious to every one here, that of twenty-two members being

communicants of the Church of England who voted upon this Bill,

only eight recorded their opinion in favour of the views expressed

by the right reverend Prelate; whilst in the Legislative Council

the majority was still greater; and amongst those who gave it their

warmest support are to be found many gentlemen of the highest

character for independence and for attachment to the Church, and

whose views in general politics differ from those of Her Majesty's

Government.

After this epitome of references to the proceedings of the people of

Upper Canada, through their representatives, from 1825 to 1840, on what

the Bishop terms the "rights" and "patrimony" of the Church of England,

it is needless to make more than one or two remarks on his statements

as to the influence of the union of the Canadas on the proceedings and

votes of the Legislative Assembly upon the subject. My first remark is,

that the question of the clergy reserves has not been introduced into

the present Legislative Assembly by any member, or at the solicitation

of any member, from Lower Canada. I remark, secondly, that though there

is not a Roman Catholic among the forty-two members elected for Upper

Canada; yet when a resolution was introduced into the Assembly, both at

the last and during the present session, expressing a desire to maintain

the present settlement of the clergy reserves, as provided in the Act, 3

& 4 Vic., chap. 78, only sixteen in the first instance, and thirteen in

the second, voted for it--only about one-third of the members for Upper

Canada. Should, therefore, the union of the Canadas be dissolved

to-morrow, the Bishop would be in as hopeless a minority as he was

before the union. The following remarks of a recent speech of Mr.

Lafontaine (the leader of the Roman Catholic French members of the

Assembly) will show how entirely groundless are the Bishop's imputations

upon that portion of the Assembly.

He thought the clergy reserves should be fairly divided among the

Protestant denominations, and that they should be altogether taken

out of the hands of the Government, as the only way to take them

out of the reach of agitation. He thought the rectories were vested

rights, and should not be disturbed, unless by due process of law,

if, as was pretended, they were improperly obtained. If there were

any claims in the Act of 1791 which seemed to connect the Church of

England to the State, though he did not think they did, they might

be repealed, and the Bishop of Toronto seemed to be of opinion that

that might be done. Let the appointment of the incumbents to the

rectories, too, be taken from the Government, if it were thought

proper, and given to the Church for other uses. He merely suggested

that without wishing to impose it. He would conclude with one

reflection: Let his Protestant fellow-countrymen remember they

would never find opposition to their just rights from Roman

Catholics and French Canadians. The latter had repeatedly passed

Acts in Lower Canada to give equal rights to those who were called

dissenters, and Jews, which were rejected by members of the Church

of England in the Council, and it was worthy of remark that, at a

moment when in England a pretended aggression had given occasion

for persecution, the Church of England here had to rely upon

Catholics to protect it against the aggression of other Protestant

sects.

I shall now make a few observations on the Bishop's statements

respecting government grants to the Church of Rome, and the endowments

of that Church in Lower Canada. The Bishop, framing his statements with

a view to the Protestant feeling of England, inveighs in general terms

against the Government on account of its alleged patronage of the Church

of Rome; makes exaggerated statements on one side, and omits all

references to facts on the other side which would enable the Protestants

of England, to whom he appeals, to understand the part which he has

himself taken in favour of grants to the Church of Rome, the manner in

which those grants are paid at the present time, and the alliance which

he has long endeavoured, and would still wish to form with that Church

in respect to endowments. The Bishop says:--

In Upper Canada, the Roman Catholic clergy do not, at present,

exceed seventy in number, and the provision for their support is

very slender. It depends chiefly on their customary dues, and the

contributions of their respective flocks; unless, indeed, they

receive assistance from the French portion of the Province, where

the resources of the Romish Church are abundant.

Now, while the Bishop presents an overdrawn and startling picture of the

emoluments of the Church of Rome in Lower Canada, he omits all

statements of public grants and payments to the clergy of that church in

Upper Canada. The Bishop must know, that in addition to their "customary

dues, and the voluntary contributions of their flocks," the clergy of

the Church of Rome receive £1,666 per annum, and that that sum is paid

out of the clergy reserve fund under the provisions of the very Act, 3 &

4 Vic., chap. 78, for the perpetuation of which he contends. The first

instructions to support the Roman Catholic clergy in Upper Canada out of

public funds, were given by Earl Bathurst, in a despatch to Sir P.

Maitland, dated 6th October, 1826, and which commenced in the following

words:--

You will receive instructions from the Treasury for the payment,

from funds to be derived from the Canada Company, of the sum of

£750 per annum, for the salaries of the Presbyterian ministers, and

a similar sum for the support of the Roman Catholic priests.

But what is remarkable is, that this very policy of granting aid to the

Roman Catholic priests in Upper Canada, for which Government has been so

much blamed by the Bishop's friends in England, was urged by, if it did

not originate with, the Bishop himself. For, in a speech delivered by

the Bishop in the Legislative Council of Upper Canada, 6th March, 1828,

and afterwards published by himself, I find his own statement of his

proceedings in this matter, as follows:--

It has always been my wish to see a reasonable support given to the

clergy of the Church of Scotland, because they belong to a Church

which is established in one section of the empire; and to the Roman

Catholic Church because it may be considered as a concurrent church

with the establishment in the sister Province; and to this end I

have, at all times, advised the leading men of both those churches

to make respectful representations to His Majesty's Government for

assistance, leaving it to Ministers to discover the source from

which such aid might be taken.--His Excellency, the

Lieutenant-Governor of this Province (Sir P. Maitland), having

represented in the strongest manner to His Majesty's Government the

propriety of making some provision for the clergy in communion with

the kirk, and also of the Roman Catholic clergy resident in Upper

Canada, a reference was made to me on that subject, while in

London, in June, 1826. On this occasion I enforced, as well as I

could, the recommendations made by His Excellency, in respect to

both churches.

Thus four months before Earl Bathurst sent out instructions to give

salaries to Roman Catholic priests in Upper Canada, the Bishop states

that he urged it upon the favourable consideration of His Lordship. The

Bishop then significantly adds:--

I did flatter myself that they would have been satisfied, as indeed

they ought to have been, and that henceforth the clergy of the two

denominations, the Roman Catholic and Presbyterian, while

discharging their own religious duties, would cordially co-operate

with those of the establishment in promoting the general peace and

welfare of society. It is gratifying to me to state that, as far as

I know, the Roman Catholic clergy, during this contest, have

observed a strict neutrality.

However ingenious it may be, I cannot regard it as ingenuous that the

Bishop should promote the endowment of the Roman Catholic clergy in this

country in order to secure their political alliance and support against

other Protestant denominations, and then appeal to Protestants in

England against the Government and Legislature in Canada, because of the

countenance given to the Church of Rome. It is hardly fair for the

Bishop to act one part in Canada and another in England; and it is

fallacious and wrong to represent the votes of Roman Catholics as

exerting any influence whatever on the state of the question in Upper

Canada--as of the twenty-five Roman Catholics who voted on the question

last year, twelve voted on one side and thirteen on the other; and they

are known to hold the opinion declared by their leader, Mr. Lafontaine,

that the proceeds of the clergy reserves belong to the Protestants of

the country in contradistinction to Roman Catholics.

The Bishop's statements in regard to the endowments of the Roman

Catholic Church in Lower Canada are most extravagant. They cannot

affect, in the least, the merits of the question which has so long

agitated Upper Canada; and they appear to be introduced merely for

effect in England, where the social state and position of parties in

Canada are little known or understood. It is needless to examine the

Bishop's statements on this subject in detail; but I will make two or

three remarks, to show the fallacy of both his assertions and his

reasoning. He gives no data whatever for his perfectly gratuitous and

improbable assumption of four hundred parish priests in Lower Canada at

a salary of £250 each, exclusive of those employed in colleges,

monasteries, and religious houses, making, he says,

The revenue of the Roman Catholic Church in Lower Canada, £100,000

per annum, a sum which represents a money capital of at least

£2,000,000!

This imaginary estimate of the Bishop is simply absurd, and supposes in

Lower Canada ten-fold the wealth that really exists.

The Bishop also gives a return of the seignorial lands of several

religious orders of the Roman Catholic Church in Lower Canada, then

invests those lands with a fictitious value, and sets them down as

representing "a capital of £700,000!" whereas the rights to these lands

are simply seignorial, and the annual revenue arising from them does not

amount to threepence per acre. The Jesuits' estates, 891,845 acres--by

far the largest item in the Bishop's paper--are in the hands of the

Government, and not of the Roman Catholic Church at all.

The fallacy of the Bishop's reasoning on this point will appear from the

facts, that the British Crown has never made a grant or endowment to the

Roman Catholic Church in Lower Canada, or to any religious order of that

Church; that whatever lands or endowments that Church or its religious

communities may possess, were obtained either from the Crown of France,

and therefore secured by treaty, or by the legacies of individuals, or

by purchase. The island of Montreal was obtained by purchase; the rights

are merely seignorial, or feudal, and yield to the seigneurs £8,000 per

annum.

There is, therefore, no analogy whatever between endowments thus

obtained and held, and lands appropriated by the Crown for certain

general objects, which have been vested in the hands of no religious

community, and over which Parliament has expressly reserved the power of

discretionary legislation.

I shall now offer a few remarks on the Bishop's statements respecting

the Toronto University and system of public schools in Upper Canada. As

these are questions which have been set at rest by local legislation, by

and with the sanction of the Imperial Government, I need only refer to

the Bishop's statements so far as to remove the erroneous impressions

and unjust prejudices which they are calculated to produce.

In reference to the Bishop's statements, that "graduates in holy orders

are declared ineligible as members of the Senate," I remark that such

graduates are and have been members of the Senate from the commencement.

And when the Bishop pronounces the University "essentially unchristian,"

he must have known that not only a Parliamentary law, but a University

statute, exists for the religious instruction and worship of all the

students of the University; whereas, when the Bishop had the management

of it, no provision whatever existed for the religious instruction and

worship of any of the students except members of the Church of England.

The statement, therefore, of the Bishop, that--

There is at present no Seminary in Upper Canada in which the

children of conscientious churchmen can receive a Christian and

liberal education,

is contradicted by the fact that the children of many churchmen, as

"conscientious" as the Bishop himself, are receiving such an education

at a "Seminary in Upper Canada."

* * * * *

The lands out of which the University has been endowed were early set

apart by the Crown, not on the application or recommendation of any

authority or dignitary of the Church of England, but on the application

of the Legislative Assembly of Upper Canada; and the cause of all the

agitation on the subject is, that the Bishop, unknown to the Canadian

people, and by representations which they, through their

representatives, declared to be incorrect and unfounded, obtained a

University Charter in England, and the application of those lands as an

endowment, which the Legislative Assembly never would recognize. And now

that that Assembly has at length got these lands restored to the objects

for which they were originally appropriated, but from which they had for

a time been alienated, the Bishop seeks, by the most unfounded

imputations and representations, to do all in his power to damage a

Seminary which he ought to be the first to countenance and support.

In his recent charge to his clergy, the Bishop has sought to damage the

public elementary schools; and here his statements are equally at fault

with those noticed in regard to the University. The Bishop says,

"Christianity is not so much as acknowledged by our School law." This

statement is contradicted by the 14th section of the School Act, and the

general regulations which are made under its authority, headed,

"Constitution and government of schools in respect to religious

instruction," and which commence with the following words:--

As Christianity is the basis of our whole system of elementary

education, that principle should pervade it throughout.

The Bishop says again:--

To take away the power of parents to judge and direct the education

of their children, which is their natural privilege from God, as

our schools virtually do, will never be allowed in Great Britain.

The Bishop makes this statement in the face of the express provision of

the 14th section of the School Act, which declares that "pupils shall be

allowed to receive such religious instruction as their parents or

guardians shall desire."

The Bishop furthermore states that "the Bible appears not among our

school books," and says also that the "system is not based on a

recognition of the Scriptures." It would be strange if the Bishop were

ignorant that in a lengthened correspondence, printed by order of the

Legislative Assembly, the Chief Superintendent of Schools objected to

any law or system which would exclude the Bible from the schools,--that

the Government sanctioned his views,--that his annual reports show that

the Bible is used in the great majority of the schools in Upper Canada.

By the returns of last year, the Bible was used in 2,067 of the 3,059

schools reported--being an increase of 231 schools over those of the

preceding year in which the Bible was used.

The Bishop likewise says:--

A belief of Christianity is not included among the qualifications

of school-masters; and I am credibly informed that there have been

instances of candidates for schools disavowing all religious

belief.

There is no law to prevent the vilest person from being "candidates" for

any office, even that of holy orders; but "candidates for schools," and

"school-masters," with legal certificates of qualification, are two very

different things. According to the school law, no person can be a

legally qualified teacher, or receive any portion of the school fund,

without appearing before a County Board of Examiners (who consist, in

all cases, more or less of clergymen), produce to them "satisfactory

evidence of good moral character," and be examined and approved by them.

Even the name of the church to which the "school-master" belongs is

specified, and the annual reports of the Chief Superintendent of Schools

include this item of information. A teacher may also, at any time, be

dismissed for intemperance or any immoral conduct. It is notorious that

the standard of qualification for teachers, both moral and intellectual,

and the provisions and regulations for religious instruction in the

schools, are much higher, and more complete and efficient, than under a

former school law which the Bishop himself introduced into the

Legislature, when he was Chairman of the Provincial Board of Education.

Again, the Bishop states that

All that is wanting is, to give power to the different boards or

authorities to grant separate schools to all localities desiring

them.

This is precisely what the school law provides; for the 24th section of

the Act expressly authorizes and empowers the Board of School Trustees

in each city or town, "to determine the number, sites, kind and

description of schools which shall be established in such city or town."

The Boards of School Trustees may therefore establish as many "separate

schools" in all the cities and towns in Upper Canada, as they shall

think proper. But they are not willing to establish such separate

schools as the Bishop desires; and when an amendment to the school law

was proposed at the last session, to compel the local "boards or

authorities" to do so, it was almost unanimously rejected. The Bishop

says, indeed, referring to this circumstance, that "when the Church of

England requested separate schools for the religious instruction of her

own children, her prayer was rejected by the votes of Romanists." The

fact is, that that proposition received the votes of but five members of

the Legislative Assembly, in which there are upwards of fifty

Protestants.

It is lamentable to see the Bishop making such statements to damage and

pull down the educational institutions of the country, merely because

they are not under his denominational control, and subservient to his

denominational purposes,--a system of schools which he has, from the

commencement, endeavoured to establish in Upper Canada, and for which he

has agitated the country these many years. That I do the Bishop no

injustice in this statement, I may remark, that in his letter to the

Under-Secretary of State for the Colonies, in 1827, applying for the

so-much-agitated Charter of the Provincial University, he states his

object to be, that the clergy of the Church of England in Upper Canada

may "acquire by degrees the direction of education which the clergy of

England have always possessed." Now that the Legislative Assembly, since

the establishment of free constitutional government, have defeated the

peculiar objects of the Bishop, he labours by groundless imputations and

statements to bring the whole system of public instruction into

contempt. It is to be hoped that such efforts will be as unsuccessful in

England as they have been in Canada, where his appeals for agitation

have not been responded to by one out of ten of the congregations of the

Church of England, and are not sustained by the greater part of the

members of the Church of England in both branches of the Legislature.

Not a petition has been presented by members of the Church of England

against the present system of public schools, except one, adopted by a

meeting presided over by the Bishop, and signed by himself; and the

Legislative Council within the last few days, by a majority of more than

two to one, concurred with the Legislative Assembly and Administration

in regard to the clergy reserves and University. The Bishop's extreme

policy and proceedings have been and are a great calamity to the Church

of England in Canada--a calamity which can only be mitigated and removed

by the discountenance of such proceedings, and by the adoption of a more

Christian and judicious policy on the part of members of the Church,

both in England and in Canada.

* * * * *

In reviewing the history of this question from 1840 until its final

settlement by the Canadian Parliament, in 1854, Dr. Ryerson said:--

Messrs. William and Egerton Ryerson had been appointed

representatives of the Canadian to the British Conference in 1840.

On their arrival in England, they found Lord John Russell's Bill

for the disposal of the Canadian Clergy Reserves to the Churches of

England and Scotland before Parliament; and, as representing the

largest religious denomination in Upper Canada, they requested an

interview with Lord John Russell on the subject of His Lordship's

Bill before Parliament. In the interview granted, they pointed out

to His Lordship the injustice, impolicy, and danger of the Bill,

should it become law, and respectfully and earnestly prayed His

Lordship to withdraw the Bill; but he was inflexible, when the

Messrs. Ryerson prayed to His Lordship to assent to their being

heard at the Bar of the House of Commons against the Bill; at which

His Lordship became very angry--thinking it presumptuous that two

Canadians, however numerous and respectable their constituency,

should propose to be heard at the Bar of the British House of

Commons against a measure of Her Majesty's Government. But the

Messrs. Ryerson knew their country and their position, and

afterwards wrote a respectful but earnest letter to His Lordship

against his measure, and faithfully warned him of the consequences

of it if persevered in; they went so far as to intimate that the

measure would prove an opening wedge of separation between Great

Britain and the people of Upper Canada; and lest they should be

considered as endeavouring to fulfil their own predictions, they

did not publish their letter to Lord John Russell, or write a line

on the subject for more than ten years--knowing that a wound so

deep would, without any action or word on their part, fester and

spread so wide in the people of Upper Canada as ultimately to

compel the repeal of the Act or sever their connection with Great

Britain. The result was as they, Messrs. Ryerson, had apprehended;

for in 1853 the Act was repealed by the British Parliament.[136]

Early in 1852, the Government of which Earl Grey was Secretary of State

for the Colonies, was superseded by that of the Earl of Derby, with Sir

John Packington as Secretary of State for the Colonies, who, in a

despatch to Lord Elgin, dated April 22nd, 1852, says:--

By a despatch from my predecessor, Earl Grey, of the 11th July

last, you were informed that Her Majesty's then servants found

themselves compelled to postpone to another Session the

introduction of a Bill into Parliament giving the Canadian

Legislature authority to alter the existing arrangements with

regard to the clergy reserves.

With reference to that intimation, I have to inform you that it is

not the intention of Her Majesty's present advisers to propose such

a measure to Parliament this Session. "The result would probably be

the diversion to other purposes" of the clergy reserves than "the

support of divine worship and religious instruction in the colony."

Sir John Pakington was soon undeceived as to the continued Canadian

sentiment on the subject, for Sir Francis Hincks, then Inspector-General

and Premier of Canada, who happened to be in London on official business

on behalf of the Canadian Government, enclosed to Sir John Pakington an

extract from a report, dated 7th April, 1852, approved by His

Excellency, in which the Executive Council said:--

The assurances of Her Majesty's late Government that such action

would be taken, had prepared the people of Canada to expect that no

further delay would take place in meeting their just wishes upon a

question of such paramount importance to them; the Council,

therefore, recommend that their colleague, the Inspector-General,

be requested by the Provincial Secretary to seek an interview with

Her Majesty's Ministers, and represent to them the importance of

carrying out the pledges of their predecessors on the subject of

the clergy reserves, and thus empower the Colonial Legislature to

deal with the question in accordance with the well-understood

wishes of the people of Canada.

The Derby ministry resigned office in December, 1852, and the Duke of

Newcastle succeeded Sir John Pakington as Secretary of State for the

Colonies. On the 15th January, 1853, the Duke addressed a despatch to

the Earl of Elgin announcing the decision of the new ministry to propose

the repeal of the Imperial Act of 1840, which was successfully

accomplished.

After the passing of the Imperial Act transferring the final settlement

of the clergy reserve question to Canada, a coalition Government was

formed by the aid of Sir Allan McNab, called the Hincks-Morin Ministry.

After protracted negotiation (with the beneficiaries under the Imperial

Act) and discussion in the Legislature, a Bill was passed providing for

the interests of these claimants, but "secularizing" the remaining

proceeds of the reserves to municipal purposes. This was the last of the

Acts assented to by Lord Elgin previous to his departure from Canada.

Sir Edmund Head, his successor, speaking on this subject, said:--

An Act assented to by my predecessor has finally settled the long

pending dispute with regard to the clergy reserves, and it has done

so in such a manner as to vindicate liberal principles, whilst it

treats the rights of individuals with just and considerate regard.

Thus was a struggle of more than twenty-five years ended, equality

before the law of all religious denominations established, and

constitutional rights of the people of Upper Canada secured, to their

great joy. But the Bishop of Toronto, whose policy and measures had

caused so much agitation in Upper Canada, regarded this settlement of

the clergy reserve question as an irreparable calamity to the Church of

England in Canada. On the 16th of March, 1853, the Bishop addressed a

letter to the Duke of Newcastle, of which the following are extracts:--

Power and violence are to determine the question; vested rights and

the claims of justice are impediments to be swept away. Hence the

spoliation sought to be perpetrated by the Legislature of Canada

has no parallel in colonial history. Even in the middle of the

American Revolution, the old colonists, during the heart-burnings

and ravages of civil war, respected the ecclesiastical endowments

made by the Crown against which they were contending....

The grants made by the Crown were all held by the same tenure--whether

to individuals or corporations--not reservations for certain purposes,

with power expressly given to Colonial Assemblies to "vary or repeal"

them. The Bishop proceeded:--

I feel bitterly, my Lord Duke, on this subject. Till I heard of

your Grace's despatch, I had fondly trusted in Mr. Gladstone and

his friends, of whom you are one, notwithstanding the present

doubtful Administration; and I still argued in my heart, though not

without misgivings, that the Church was safe, I have cherished her

with my best energies for more than half a century in this distant

corner of God's dominions; and after many trials and difficulties I

was beholding her with joy, enlarging her tent, lengthening her

cords, and strengthening her stakes, but now this joy is turned

into grief and sadness, for darkness and tribulation are

approaching to arrest her onward progress. Permit me, in

conclusion, my Lord Duke, to entreat your forgiveness if, in the

anguish of my spirit, I have been too bold, for it is far from my

wish or intention to give personal offence. And of this rest

assured, that I would most willingly avert, with the sacrifice of

my life, the calamities which the passing of your Bill will bring

upon the Church in Canada.

There is a touching pathos in the close of this letter; but the Bishop

himself lived to see his apprehended calamities turned into blessings;

for the most prosperous and brightest days of the Church of England in

Upper Canada have been from 1853 to the present time.

FOOTNOTES:

[136] Earl Grey had intended to propose its repeal in 1850-51, and had

requested the writer of these papers (who was then on an educational

tour in Europe) to remain in England in order to furnish His Lordship

with data and details to enable him to answer objections which might be

made to his Bill in the House of Lords, and wrote to Lord Elgin, then

Governor-General of Canada, requesting the protracting of Mr. Ryerson's

leave of absence for two or three months. But the Bill had to be

deferred until another Session, and Mr. Ryerson returned immediately to

Canada. (See page 455.)

CHAPTER LIII.

1851.

Personal Episode in the Clergy Reserve Controversy.

Dr. Ryerson made another educational tour in Europe in 1850-51. While in

London, early in 1851, Earl Grey sought Dr. Ryerson's counsel on the

clergy reserve question, which had been lately re-opened in Canada. The

proceedings and result of the interviews which he had with Earl Grey,

are detailed in several letters which he wrote to me from London during

a period of four months. I give such extracts from these letters as will

explain the nature of Dr. Ryerson's conferences with Earl Grey on the

subject. His first letter was written on the 7th February, in which he

said:--

You will rejoice to learn that Her Majesty's Government have

adopted the prayer of the Canadian Legislature on the question of

the clergy reserves, and have determined to bring forward a measure

on the subject. Whether Lord Grey will desire me to remain longer

on account of the question I have not had time to learn. Mr.

[afterwards Sir Benjamin] Hawes says that he will procure me

admission to the speaker's gallery to tear Lord John Russell bring

forward his measure on the Papal Question.

In a letter written by Dr. Ryerson the following week, dated 14th

February, he enclosed to me a confidential letter on the clergy reserve

question, in which he explained the likelihood of his being detained in

England by Lord Grey in connection with it. He said:--

I send this to you, so that you may know all the circumstances

which are likely to protract my stay for some months in this

country; and for the same reason, and that you may co-operate with

me, I entrust you with the perusal of my confidential

letter--another proof of my unreserved confidence in your prudence

and fidelity. I think it would not be well for you to mention

anything as to my probable delay in England, and especially as to

the reasons of it, until it becomes known to the public.

My position is, indeed, a gratifying one, after so long labour and

so much abuse in connection with the great clergy reserve question,

that I should be desired to aid in its final settlement according

to the voice of the people of Canada, and should now be called upon

to aid Lord John Russell himself to undo his own measure of 1840,

against which I then protested. I am sure you will be prepared to

perform any additional labour to enable me to fulfil such a

mission. I trust that I will be enabled to confer a benefit upon

Canada. It is a gratifying position in which such a concurrence of

circumstances will place me, and my personal character and history

in regard to a question which has engaged so large a portion of my

past life--the ground of all the opposition I formerly met with

from the London Wesleyan Committee and Conference. Verily there is

a God that ruleth over all things, that makes the wrath of man to

praise Him, that rules in ways we know not of. We should indeed

fear Him, bow down in the dust before Him, but at the same time

most calmly and implicitly trust Him. Please write me as to the

effects produced by Lord Grey's despatch, the manner in which it is

received, etc.

In a letter, dated 13th March, Dr. Ryerson said:--

I have received a letter from a member of the Government in Canada,

expressing a wish that I would remain in England until after the

great Exhibition, as the Canadian Parliament would not meet until

May. This, in anticipation of what Lord Grey has desired, has quite

settled my mind on the subject of remaining until May or June.

I shall remain in Paris until I am wanted in London on the clergy

reserve question--I suppose until the middle of next month.

Listening some hours each day in Paris to some of the most learned

men in Europe, giving the results of all their researches and

reflections on various branches of literature and science, will be

of great advantage to me in my future lectures, writings and

labours, and this I shall continue until the voice of war on the

clergy reserves shall echo across the Atlantic. I suppose my

presence in England at this time will be a great annoyance to the

exclusive Church party, and it will perhaps make them more cautious

than they might otherwise be in their statements.

As the ministry in England continue firm, I hope no effort will be

wanting in Canada to sustain Lord Grey, should an opposition be

raised against his proposed bill, the bringing in of which may be

delayed some time by the late long ministerial crisis in England.

In a letter, dated 11th April, Dr. Ryerson said:--

In regard to the clergy reserves, I have been inclined to think the

Bishop of Toronto and his friends would not attempt to renew the

agitation of the clergy reserve question in Canada, but would

prepare the strongest statement of their case for the Parliament

here, in the mouths of some of their ablest friends in both the

Commons and Lords, and thus take the Government here by surprise,

and try and defeat the Bill in the Lords, after having, reduced the

majority in favour of it in the Commons as much as possible.

On the 18th April, 1851, Dr. Ryerson wrote again:--

The Scotch Presbytery of Kingston, U. C., have sent a petition to

the House of Commons against Lord Grey's Bill, or against complying

with the prayer of the address of the Canadian Assembly, and sent

to me with the request that I would prepare an answer to it. I

think of preparing my answer in the form of a communication or two

to the _Times_ newspaper, and thus bring the whole subject before

the Members of Parliament and the public. Should I succeed in this,

Lord Grey may not think my longer stay to be necessary. I am

anxious to get away as soon as possible; the season is advancing,

and I have so much to do before the close of it in the autumn.

Business and embarrassments have so accumulated in the House of

Commons that it is pretty nearly decided to bring the clergy

reserve Bill into the Lords by Lord Grey himself, and he expects to

do so about the middle of May. Should it be brought into the Lords,

of course there would not be so long delay there before deciding

the question one way or the other. But the chances are so strong

against its success if brought into the Lords first, that Lord Grey

is unwilling to adopt that course until it is seen that that is

the only alternative. If it should be lost in the Lords now, he, of

course, thinks it would soon be carried by a pressure from Canada,

such as the rejection of the Bill by the Lords would probably call

forth.

On the 25th April, Dr. Ryerson wrote:--

The late crisis has made no change in the intentions of the

Government in regard to the clergy reserve question. I send you a

copy of the _Times_ of the 23rd instant, the day before yesterday,

in which you will see the first of my papers on "The Clergy

Reserves of Canada." The second and third will occupy a column and

a half or two columns, each. I finished and handed in the remaining

papers this morning. Lord Grey spoke to me twice on the subject of

writing something for the press, and Mr. Hawes, the last time I saw

him, seemed to think the Bill would be lost in the House of Lords,

but the Government would send out a despatch to Canada saying that

the question was not abandoned, but would be brought forward again

the next Session. I have thought this was a very poor consolation

for the loss of the Bill, and that it was best to see what could be

done. I have written strongly, and with an express view to the

House of Lords--confining myself wholly to the question of the

right of the people of Canada to judge and decide in the matter.

What may be the effect of these papers, I cannot, of course, tell;

but if Lord Grey should be of opinion that the publication of them

will supersede the necessity of my longer stay for that purpose, I

will leave as soon as possible--by the third week in May.

I wrote fully to Dr. Ryerson on this subject, pointing out the relation

of parties in Canada on this subject, and deprecating his taking any

further active part in the discussion which had become so heated in this

country. On the 2nd May, Dr. Ryerson replied:--

What you have communicated on the clergy reserve question has

changed my mode of proceeding in some respects; and the second and

third articles I prepared for the _Times_ will not appear as first

intended; but I will explain by and by. I was at the great

Exhibition yesterday. It was the grandest of all grand affairs I

ever witnessed. I had a place near the centre, within a few feet of

the "Iron Duke," until he left to join the procession.

On the 9th May, Dr. Ryerson wrote his final letter:--

On reflection, and from what I found to be the relations of parties

in Canada, and the turn the clergy reserve question was likely to

take, I came to the same conclusion you have expressed in your last

letter--not to come into collision with any party on the question,

beyond what is expressed in the short article in the _Times_

newspaper--namely, that Canada should judge for itself on the

question. I have determined to furnish Lord Grey with a memorandum

of facts and principles on the question. I have seen Lord Grey and

stated my wish not to remain longer, and not to be further mixed up

with the question--that I was now on good terms with all

parties--had thus great facilities for usefulness--that party

agitation in Canada was becoming violent--two extreme parties,

uniting against the Ministerial measure. I told him that I would

furnish him with a memorandum, with all the chief points of the

question on which he was likely to be opposed. He seemed to be

disappointed, but said if I thought my Department would suffer by

my longer absence, he would not insist upon my staying. I told him

that all parties would approve of my staying for the Great

Exhibition, and that I thought a memorandum, such as I would

prepare on the question of the clergy reserves, would be as

serviceable as my presence, etc.

Memorandum on the Clergy Reserve Question.

The following is the memorandum which Dr. Ryerson prepared for Lord Grey

on the clergy reserve question, and to which he refers in his letter to

me of the 9th May, 1851:--

Fully concurring in the remark of the Bishop of London, in a late reply

to the deputation of the inhabitants of St. George's, Hanover Square,

that "there is no kind of intestine division so injurious in its

character and tendency as that which is grounded on religious

questions;" and firmly believing, as I do, that the long continuance of

Canada as a portion of the British Empire depends upon the proceedings

of the British Parliament on the question of the clergy reserves, I

desire, as a native and resident of Upper Canada, as a Protestant and

lover of British institutions, to submit the following brief

observations on that question, in order to correct erroneous impressions

in England, and to induce such a course of parliamentary proceedings as

will conduce to the honour of Great Britain, and to the peace and

welfare of Canada:--

1. My first remark is, that this is a question agitated for more than

twenty-five years, almost exclusively among Protestants in Canada, and

the agitation of which, at the present time, has not, in any way

whatever, been promoted by Roman Catholic influence. An attempt has been

made in some quarters to create a contrary impression in England; but

that I am correct in my statement will, I think, appear from the

following facts:--First, though the question of the clergy reserves

nominally relates to Lower as well as Upper Canada (since the union of

the two Canadas under one Legislature), it is historically and

practically an Upper Canadian question. The agitation of it originated

in Upper Canada; it never was agitated in Lower Canada before the union

of the two provinces; it is discussed chiefly by the Upper Canada press,

and pressed most earnestly by the Upper Canada members of the

Legislature. So strongly is it viewed as an Upper Canadian question,

that a considerable portion of the press of Upper Canada has objected to

Lower Canadian members of the Legislature interfering in its discussion

or influencing its decision by their votes. Secondly, all the Upper

Canadian members, both of the Executive Council and of the Legislative

Assembly, are Protestants. Of the forty-two members of the Legislative

Assembly elected in Upper Canada, not one of them is a Roman Catholic;

of the five Upper Canadian members of the Executive Council, all are

Protestants, and all were in favour of the late Address of the Assembly

to the Queen, praying for the repeal of the Imperial Act, 4 & 5 Vic.,

chap. 78. and for restoring to the people of Canada the constitutional

right of judging for themselves as to the disposal of the clergy reserve

lands in that country. It ought, therefore, to be remembered in England,

that this question relates chiefly to Upper Canada, which is, for the

most part, a Protestant country, and which has not a single Roman

Catholic in the Legislative Assembly.

2. I remark, in the next place, that it is not a question of Church and

State union, or whether the State shall contribute to the support of

religion in one or more forms. It is whether the Canadian people shall

judge for themselves as to the mode of supporting their religious

worship, as well as to the religious creed they shall adopt. This right

was clearly secured to them by their constitutional Act of 1791, 31st

George III., chap. 31, but was taken from them by the Imperial Act of

1840, 3 & 4 Vic., chap. 78. In what manner the people of Canada, through

their representatives, may exercise the constitutional right, the

restoration of which they claim, for the support of religion, I am not

prepared to say. But whether they shall exercise wisely or not that, or

any other right constitutionally vested in them, is a matter

appertaining to themselves, and not to parties in England. I am not to

be the less anxious for the restoration to my country of its

constitutional rights because it may not exercise them wisely, or

exercise them in a manner opposed to my personal views and wishes. The

constitutional rights of legislation in Great Britain may not have

always been exercised most judiciously, but who would adduce that as an

argument for the annihilation of those rights, or against the existence

of constitutional freedom in England? Is Canada to be made an exception

to this rule?

3. I remark, thirdly, that neither is this a question which affects the

vested rights of any parties except those of the people of Canada

generally. When one-seventh of the wild lands of Canada was reserved for

the support of a Protestant clergy, by the Act of 1791, 31st George

III., chap. 31, the Canadian Legislature, created by the same Act, was

invested with authority, under certain forms, to "vary or repeal" the

several clauses relating to that clergy land reservation. That vested

right the people of Upper Canada possessed from 1791 to 1840. All other

vested rights are subordinate to those of a whole people, and are not to

be exalted above them. The Canadian Legislative Assembly has proposed to

secure all parties who have acquired rights or interests in the revenue

arising from the sales of the clergy reserve lands during the lives of

the incumbents or recipients; but, beyond that guarantee, it claims the

right of "varying or repealing," as it shall judge expedient, the landed

reservation in question, and the application of the revenues arising

from it.

4. The real question for consideration in England being thus separated

from other questions with which it has sometimes been erroneously and

injuriously confounded, I proceed to remark that the Imperial Act 3 and

4 Vic., chap. 78, is at variance with what the Imperial Governments

without exception and without reservation, for twenty-five years, have

admitted and avowed to be the constitutional rights of the people of

Canada. It has at all times been admitted in the first place, that the

Act 31st Geo. III., ch. 31, which created a legislature in Canada, and

authorized the clergy land reservation, invested the Canadian

Legislature with authority to legislate as to its disposal, and the

application of revenues arising from it; and secondly, that whatever

legislation might take place on the subject should be in harmony with

the wishes of the Canadian people. The Imperial Act 3 and 4 Vic., ch.

78, deprives the Canadian people of that right of legislation which they

had possessed for forty years, and does violence to their wishes and

opinions in the disposal which it makes of the revenues of the lands in

question. Now the rights of the people of Canada on this subject were

explicitly stated by the late Sir George Murray in 1828, by the Earl of

Ripon in 1832, by His late Most Gracious Majesty in a message to the

Legislature of Upper Canada in 1833, and by Lord Glenelg in 1835 and

1836. I give a summary of the whole in the words of Lord Glenelg, in a

despatch to the Lieutenant Governor of Upper Canada, dated December 5,

1835, in reply to an attempt on the part of the latter to induce

Imperial legislation on the subject. Lord Glenelg says, in behalf of the

Imperial Government, that:--

Parliamentary legislation on any subject of exclusively internal

concern, in a British colony possessing a representative assembly,

is as a general rule unconstitutional. It is a right of which the

exercise is reserved for extreme cases, in which necessity at once

creates and justifies the exception.

After showing that no necessity existed for setting aside the

constitutional rights of the Canadian people, Lord Glenelg expresses

himself in the following language of enlightened political philosophy:--

It is not difficult to perceive the reasons which induced

Parliament, in 1791, to connect with a reservation of land for

ecclesiastical purposes, the special delegation to the Council and

Assembly of the right to vary that provision by any Bill which,

being reserved for the signification of His Majesty's pleasure,

should be communicated to both Houses of Parliament for six weeks

before that decision was pronounced. Remembering, it should seem,

how fertile a source of controversy ecclesiastical endowments had

supplied throughout a large part of the Christian world, and how

impossible it was to foretell with precision what might be the

prevailing opinions and feelings of the Canadians on this subject

at a future period, Parliament at once secured the means of making

a systematic provision for a Protestant clergy, and took full

precaution against the eventual inaptitude of that system to the

more advanced stages of a society then in its infant state, and of

which no human foresight could divine the more mature and settled

judgment.

In the controversy, therefore, respecting ecclesiastical

endowments, which at present divides the Canadian Legislature, I

find no unexpected element of agitation, the discovery of which

demands a departure from the fixed principles of the constitution,

but merely the fulfilment of the anticipations of the Parliament of

1791, in the exhibition of that conflict of opinion for which the

statute of that year may be said to have made a deliberate

preparation. In referring the subject to the future Canadian

Legislature, the authors of the Constitutional Act must be supposed

to have contemplated the crisis at which we have now arrived--the

era of warm and protracted debate, which, in a free government, may

be said to be a necessary precursor to the settlement of any great

principle of national policy. We must not have recourse to an

extreme remedy, merely to avoid the embarrassment which is the

present, though temporary, result of our own legislation.

I think, therefore, that to withdraw from the Canadian to the

Imperial Legislature the question respecting the clergy reserves,

would be an infringement of that cardinal principle of colonial

government which forbids parliamentary interference, except in

submission to an evident and well-established necessity.

In January, 1840, the two branches of the Legislature of Upper Canada

passed a Bill (the Legislative Assembly by a majority of 28 to 20, and

the Legislative Council by a majority of 13 to 4) relative to the clergy

reserve--provided for the interests of their existing incumbents, and

dividing the proceeds of the sales of said lands among various religious

persuasions according to a census taken once in five years, and leaving

each religious persuasion free to expend the sum or sums to which it

should be entitled according to its pleasure, whether for the support of

its clergy, the erection of places of worship, or for purposes of

education. Though the great majority of the people of Upper Canada

desired the application of the proceeds of these lands for educational

purposes only; yet a majority of both branches of the Legislature agreed

to a compromise which could be defended as just to all parties, whatever

preferences might be entertained on the subject in the abstract. But

instead of the Royal assent being advised to be given to that Canadian

Bill on a local Canadian question, a new Bill was introduced into the

Imperial Parliament, giving about three-fourths of the proceeds of the

clergy reserves (including past and future sales) to the clergy of the

churches of England and Scotland, giving nothing to any other church,

but leaving the remaining one-fourth (or half of future sales) at the

discretionary disposal of the Executive for religious purposes. This

part of the Imperial Act has proved inoperative to this day; and should

any religious persuasion receive any portion of this comparative

pittance of the clergy land funds, it would do so not as a matter of

right (as do the Churches of England and Scotland in receiving their

lion's share), but at and during the pleasure of any party in power--a

position in which no religious community should be placed to the

Executive, and in which the Executive ought not to be placed to any

religious community. Such an Act can be justified upon no principle of

justice or sound policy, and is at variance with the almost unanimous

and often recorded wishes of the people of Upper Canada. The _Christian

Examiner_--a monthly organ of the Church of Scotland in Upper

Canada--expressed not only the general sentiments of the members of that

Church, but also of people at large, in the following words, contained

in an elaborate editorial which appeared in that publication a few

months before the passing of the Imperial Act of 1841:--

Year after year, at least during the last decade, the general

sentiment in this colony has been uttered in no unequivocal form,

that no church invested with exclusive privileges derived from the

State, is adapted to the condition of society among us. It cannot

be doubted that this is the conviction of nine-tenths of the

Colonists. Except among a few ambitious magnates of the Church of

England, we never hear a contrary sentiment breathed. Equal rights

upon equal conditions is the general cry. And although several

Assemblymen of the present House have chosen to misinterpret the

public voice, and to advocate a different principle, we doubt not

that on their next appearance before their constituents, they will

be taught that this is not the age, nor this the country, in which

the grand principle of equal rights can be departed from with

impunity.

Now, although the Imperial Act of 1840 may have induced "a few magnates"

of the Church of Scotland to unite with other "magnates," whom they once

considered "ambitious," in denying the "grand principle of equal rights"

to their more numerous Methodist brethren, and other religious

persuasions, yet the "convictions of nine-tenths" of the Canadian people

remain unchanged; nor will they, because of the changed circumstances of

a few clergymen of the Church of Scotland, suffer "the grand principle

of equal rights to be departed from with impunity."

5. I observe, likewise, that the continuance of the Imperial Act of 1840

is desired by a mere fraction of the Canadian population, while its

repeal is demanded by that country at large. The assertions of any

interested parties on a matter of this kind are of little weight against

the proceedings and statements of the representatives of the people. The

Address of the Legislative Assembly to Her Majesty must be regarded as

the authoritative and true expression of the opinions and wishes of the

Canadian people. It is true, there was diversity of opinion as to the

manner in which the incumbents on the clergy reserve fund should be

dealt with, and also as to certain other declarations contained in the

Address of the Assembly; but no member of the Canadian Legislature

ventured to justify the provisions of the Imperial Act, and very few

ventured to vote in favour of its continuance, even upon the ground of

expediency, in behalf of the "magnates" of two favourable Churches. When

the resolutions of the Address to Her Majesty were moved in the

Legislative Assembly of Canada on this subject, an amendment was moved

by the supporters of the present exclusive privileges of the Churches of

England and Scotland in Canada an amendment which contained the

following words:--

That in the opinion of this House it is inexpedient to disturb or

unsettle, by resolution or enactment, the appropriations or

endowments now existing in Upper and Lower Canada for religious

purposes; that the well-being of society and the growing wants of

the various Christian bodies in Canada demand that the several

provisions of the Imperial Act 3 and 4 Vic., cap. 78, should be

carried out to their fullest extent.

In favour of the amendment, that is, in favour of the continuance and

operations of the Imperial Act of 1840, voted sixteen; against it voted

fifty-two. Who would think of perpetuating a law in England at variance

with the sentiments of three-fourths of the members of the House of

Commons, and even of a large proportion of the constituency of Great

Britain? Could the present constitution of government in England be

maintained, could revolution be long prevented, if laws were retained on

the statute book condemned by three-fourths of the Commons, and more

than three-fourth of all classes of people in the land, and those

statutes involving religious questions? And is that to be perpetuated in

Canada which would not be retained in England for a month?

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