The Express.
London, England, 1853-02-16 00:00:00

no
authority for that purpose. Upon that, the question
was referred to the judges, who replied in these words:
" We are all of opinion that the effect of the 410th section
of the Act of 1791 •is prospective, and that the power
thereby vested in the legislative council and House
of Assembly of either province cannot be ex-
tended to effect lands which have already been
appropriated." Well, under those circumstances nothing
of course remained but to bring into parliament a bill em-
bodying the principle of the bill passed through the legis-
lature of Canada at the instigation of the colonial minister.
That bill was brought in. It was a period in the history of
Canada when it was of the utmost importance that there
should be as much unanimity as possible with regard to all
measures affecting Canada; and, therefore, the bill under-
went considerable modification, and as finally passed it
was much more favourable to the churches of England
and Scotland than even the bill assented to by the colonial
legislature. Now, at that time it was hoped that
the act of 1810 might be regarded as bevies
finally disposed of this troublesome question. He
himself thought it would have been better to have
anticipated what had occurred. They might have foreseen
that differences of opinion, based on principle, could not
possibly be prevented from bursting out merely through
being kept down by the weight of an act of parliament.
Now, let them observe the state of things in Canada. Since
1840 twelve years had passed by, and events had been
crowded in a new country which might have occupied en
age in an old one. In that time the population had nearly
doubled; the different religious denominations had been
now going ahead, now falling inte the rear, in proportion as
immigration brought an accession to one creed or
another; and surely nothing could be more natural
than that a desire should be entertained for a
readjustment of the arrangement made so far
back as 1840. Take the case of the presbyterians.
in connexion with the national church of Scotland. Why,
they had lost more than half their numbers since 1340. Be-
tween 1840 and 18.50 a schism took place in that church,
and extended to the colonies ; and he found that the free
church of Scotland had now more followers in Canada than
t-e national church. It was very natural, too, that the
Wesleyan body, having 100,000 members in communion,
should wish to share in the reserves to a greater extent.
There had also been desires expressed for the secularisation
of these reserves. But, be the force of public opinion in the
colony what it might, the legislature had no means of ex-
pressing that opinion ; there was an insuperable obstacle in
the act of 1840, mid the object of this bill was to remove
that bar. lie was anxious to obtain precisely what was the
object of the bill. They (the government) did not intend
by it in any way to alter the present condition of things.
They left the different denominations in the colony not
certainly on the same footing on which they hail hitherto
stood, but in the same relations which they had hitherto
borne to each other. All that they proposed to do was to
vest in the legislature of Canada the power of altering the
existing arrangement. It would, be thought, be precipitate
to anticipate that the clergy reserves would of necessity, in
consequeuce of this concession, he alienated from religious
purposes, and secularised by the legislature of Canada. There
were in that country people who thought,as he did, that in a
new colony, perhaps even more than in an old one, it was
of the greatest importance to have a public provision ap-
plicable to the payment of the stipends of ministers of reli-
in. gi lt was only where there was a provision of that
kind that they could secure the presence of clergymen and
the ministration of public worship in every community,
however poor, however remote from the seat of government.
And they ought not to forget that the clergy and laity of
the church of England and of other denominations in that
country, who were interested is the maintenance of these
reserves for religious purposes, composed by no means an
inconsiderable minority. The following very just remark
was made by Lord Elgin in one of his despatches :—" There
is this evil in the present gement. Those who are in
communion with the churches particularly benefited by this
fund, instead of trying to influence the public mind in this
colony, are continually looking to opinion iu the other
country, and are content to take shelter under the shadow
of the act of parliament." (Hear, hear.) There were
good grounds for anticipating that if left to themselves they
would be able to make their own opinions shared in by
ethers. He perceived that at the last general election, in
December, 18.51, by putting forth their strength they sue-
, seeded in carrying no less than 9 of the elections, displacing
"rem the legislature some of those who had taken a most
prominent and active part in advocating the secularisation
of the reserves. (Hear, hear.) And therefore he was not
altogether without hope that the party who was interested
N the existing appropriation of this fund would be able to
bend the colonial legislature into taking the direction which
they thought the interest of the country required. But, be
that as it might, he contended that the subject was solely
and exclusively one for the consideration of the colonial
legislature. (Cheers.) It was not en imperial, but a
local, concern. That was the ground on which the govern-
ment brought forward and advocated this bill ; and they
held that in introducing it they were carrying out the prin-
ciple which had guided our policy towards the colony of late
pars. It was a liberal, but at the same time, as he be-
lieved, a just and well-founded confidence in the good
mime and loyalty of the inhabitants of the colony, which
prompted the government to extend to them an almost un-
limited power of self-government. (Hear, hear.) They
bad now a legislature the popular branch of which was
freely chosen by themselves ; they voted their own civil
list; they had the exclusive control of the land fund and
its proceeds; the customs department had been surrendered
to them; the levying of imperial duties had been discon-
tinued; since the repeal of the navigation laws every re-
striction had been removed ; they had now an executive
which followed the policy approved by the House of Assem-
bly; and he could not ate why there should be any dis-
tinction made—why parliament should not place at their
disposal this portion ot the public lands of the colony. He
had seen a statement in a pamphlet by Archdeacon Bethune
on this subject, which appeared to him founded in error. He
said the colonial legislature claimed to have the disposition
of lands, but those lands were bought with the money of
the British legislature, and they still paid salaries and pen•
pions to Indiana for having taken their lands from them.
Reference was here made of course to the fact that 13,0001.
was paid every year to the Indians ; but that sum was
paid not in respect of leads, but in respect of services ren-
dered to us In war. Under these circumstances he was
sure the house would be disposed to pay great respect to
the wishes and representations of the colonial legislature.
(Hear. hear.) Now how stood the question in that point of
view ? In the month of June, 18.50, the House of Assem-
bly passed several resolutions and an address to her Ma-
jesty praying that the power which it was now proposed to
confer upon them might be given. In a despatch in
reply, dated June, 1851, Lord Grey, who was
then colonial minister, said that the question was in
hie opinion entirely one of local, concern, and that
be was prepared, therefore, to recommend parliament to
adopt the proposed measure. When that despatch was re-
ceived in Caudle, both houses passed addresses of thanks
to her Majesty for sending it. Later in the same year,
Lard Grey announced to Lord Elgin that, in consequence
cif the pressure of business in that session, it would be int-
Clialim him to bring forward the measure that year,
e.undertook to introdziee it early in the session of 1852.
He used scarcely say that they had not proceeded very far
kith' session of 1852 when Lord Grey and his colleagues
retired from the administration. Hie lordship was sac-
seeded in his department by the right hon. gentleman
whom he saw opposite (Sir .7. l'akington). That right hon.
gentleman no doubt gave to the subject all the consideration
which it demanded ; but he came to the conclusion that
be could not advise the introduction of the bill.
He (Mr. F. Peel) now came to some resolutions which were
passed by the Legislature of Cued*, so late as the month of
November, on the receipt of the right hon. gentleman's
despatch, announcing his views. The right hon. gentle-
man alleged that the elections indicated a change of
opinions in the assembly, and observed that it appeared
most uncertain what were the views of the new assembly in
reference to the clergy reserves. There could not now be
the slightest doubt what the views of the present assembly
really were. They had passed resolutions remonstrating in
strong terms against the decision of the colonial minister ;
and the most material point to be observed was that those
resolutions were carried on the motion of Mr. Hincks,
the head of the administration. Therefore they had
the House of Assembly, the Legislative Council, and the ad-
ministration of the colony, all concurring in pressing the
measure on the adoption of parliament. The right hon.
gentleman said that these resolutions did not express fairly
the opinion of the colony, inasmuch as the division list in-
cluded 30 or 40 Roman catholic members from Lower Ca-
nada, while the question was one which exclusively con-
cerned the upper province. He differed from the right
bon. gentleman on that point. (Hear, hear.) He thought '
that Roman catholic members had • just claim to take part
in the divisions. Let the house bear in mind this material
point, that there had bees no proposition for the secularise-
ton of the revenues since 1840 ; and all that the Romance-
tholics did in supporting the resolutions was to declare that
they thought the question ought to be left to be dealt with
by the provincial parliament, and that they wished
to put the protestant endowment in Upper Canada on pre-
cisely the same footing as was the endowment in Lower
Canada. He would show the house that the endowment of
the Roman catholics in Lower Canada might be dealt with
by the legislature if they thought proper to deal with it.
By the terms of the capitulation of Quebec the Roman ca-
tholic clergy were secured in their accustomed tithes and
dues from members of their own communion. He believed
that, as a general rule, the terms of a capitulation re-
mained in force until a general peace, and the usual course
was to embody them then in a legislative enactment ;
and he found that an act was passed on the estab-
lishment of peace confirming the terms of the
treaty. The 3ath section of the act of 1791 began by
reciting the declaration of the treaty which he had men-
tioned ; and it then said " that it should continue and re-
main in force, except in so far as the said declaratioa or
any part thereof shall be expressly varied or repealed by
any act or acts which may be passed by the Legislative As-
sembly." Therefore the tithes and dues secured to the
Roman catholic clergy might be abolished by the colonial
legislature ; and, inasmuch as all that was wanted was to
place the protestant endowment on precisely the same
footing, he could not sec why the Roman catholics should
not take part in the divisions. (Hear, hear.) On
these grounds, then, he begged leave to introduce
this bill. On the part of the government he disclaimed its
being brought in in an unfriendly spirit towards the
church of England. No doubt the concession which they
proposed to make did shake the confidence which was now
felt in the perpetuity of the endowment for religious pur-
poses. (Opposition cheers.) But regarding the church of
England, as represented by a body of individuol clergy in
the colony, they had Own ample guarantees for their con-
tinued enjoyment of the stipends now allotted to them;
and in doing 83 they had, fortunately, the full concurrence
'of the legislature and executive of Canada. There was in-
scribed in the bill a clause which would render it impos-
sible for the clergy to be deprived of th. it emoluments
during their lite. It would indeed have been im-