The New York herald., 1877-03-05
The Contest Between Church and
State Decided.
clergy No Longer 10 Influence EIectiQnS--A
Member Of Parliament and Former
Minister UnSeaied.
THE HABITS OF CANADIANS.
HOUSE or Coxmos..

Canada pine, which being merely pancd, oiled, var
nishea and neatly ornamented gives to the apartment
hight, airy and graceful appearance The galleries
were occupied by ladies, behind whom was back
ground OF books The noor was thronged by members
OF Parliament, citizens aud barrsters in their black
silk surpiices. II State occasion III other words,
judgment day. and full Bench was in session. There
are six Of thsm. splendid looking men, intellectually
and physically, but II one did not know that they were
the exponens OF the supreme law OF the land the nrst
Impression would be that they had stepped out Of
carnival ball and lett their masks behind In other
words, they follow the old English custom OF wearing
long red gowns, with collar aud cuffs OF crmne. aud
bced at the waist by broad black band. The excep
ton TO the English rule In tho absence OF the Official
wig and II is only the aspect Of honest English
and splendid heads such us phrenologis would do
light handle. that In part compensates for the ridc
ulous character OF the costume.
ruE PURITY THE BALLOT.
The case pending was that OF Trcmbiay vs. Iangevin
and involved tho important question ci scat IN the
House OF Commons Both are'citzcns OF the Province
OF Quebec The chief ground of the contest Is that
undue influences brought to bear by the Roman
Catholic clergy in behalf Of the Ion. Mr.. Langevn,
who was formerly OF tho Cabinet Ministers, and
that through threats OF the tortures
OF tho damned and other Inducements. the ignorant
cures The result was his return to Parliament. MIR.
Tremblay at once commenced proceedings against his
antagonist but, the lower court, Judge Routhier,
who Ia an appo,ntce Of NJ Langevin, when the latter
was Minister. decided that tho civil bad authority
over the ecclesiastical power and in short. that the
priest could say and 90 his pulpit practically what
he pleased The Archbishop likewise took the matter
in hand and published circular letter TO the clergy
enforcing the same position. The case was appealed,
and It was the opinion rendered to-day by the highest
court Of tho Dominion, settling for all time vexed
question In politics as between the supremacy OF
Church and Sta,e that not only attracted large
dience but produced profound impression. What will
be the attitude OF the authorities hereafter
only pe determined when decision IS made BY His
Holiness tho Pope, before whom the subject has been
laid
DECISION.
When l entered the supreme Court room, Mr..
Justice Taschereau, brother OF the Archbishop Of
Quebec-a signi1can: iact-was delivering In French
tho opinion Of the Bench. He was followed by Asso
cate Justice Richie, noblc looking old geptlemap
who emphasized his points In that plucky British
manner which left doubt in the minds Of his audi
tors that he meant every word he uttered. The
opinion is too long to be published In lu but the fol-
loving Is synopsis that will convey reasonable idea
Of the grounds on which the decision was made. At
the the Chief Justice read the rule OF the Court
10 wt:-rhat Mr.. Langevin Is uuseated and compelled
pay the COSTS must go back to the people for
reelection IL Is regarded As singularly fortunate that
lie has not been disqualified His friends claim that
nc will be quickly returned having power ul Influences
his back in addition to the fact that his large Catho
lie constituency viii regard him in the light OF u mar.
tyr Let me add here, parenhetcalIy, that there are
people IN the world WHO are more jealous OF their
prerogatves. more careful IN guarding the purity OF
their elections, more impartial IN deciding the honor
Of public servant or more dcIerminedt TO exact In the
fullest measure the performance Of public duty than
these sell same Canadians. a gentleman said TO
the other dny, .ln the states You Try men here we
pure, hign toned responsible government.
WHAT THE JUDGES SAY.
Judge Tuschereau regretted that he had TO pronounce
Judgment in case OF this nature. In u recent pas
orai letter The judges who rendered similar decision
In a OF this kind at Quebec had been accused Of
giving u decision against the Catholic iaith yet,
Catholic. lie could iully agree with his colleagues in
the decision this Court was about 10 render The
difficulties which this case presented turned on tho
Electoral law as 1t bore upon undue influence IN elec-
The petitioner contested the election because Of
alleged fraudulent practices and undue influence used
by the clergy, the latter objection bong the principal
pne The learned Judge then reviewed the evidence
TO show that undue influence anu intimidation had
peen practised against electors OF CharIevos
tic quoted from The words OF Cure Sirois, who
In a sermon had told his hearers that if tho liberals
succeed all tho horrors Of the French revoln
ton woudb repeated and from the utterances OF other
cures show that the electors lad been threatened
with everlasting punishment If they voted Tor Mr.
Tremblay. In this lie concluded there was exercise
OF undue influence OF the worst KIDD. The people TO
whom these dscourses were addressed were ignorant
and this was entitled to consideration. II the people
TO whom such threats were made had been educated
ltie or effect would have been Produced but as IL
was great number had changed their opinion con-
sequence OF the intimidation, and the proof
practiscd and The people we're not allowed 10
exercise their own Judgment The law pro-
hbitcd undue influence IN any form or
shape and he knew Of no principle by which the law
could be mod ed and 1t was the duty OF the Judge 10
administer the law, even II IL were unjust law. II
he in error in this principle he was supported by
The best authorities. In conclusion. he said that he
oil opinion that undue influence sufficient to annul
The election, had been exercised. The respondent,
however, would not be disqualified, though he would
have TO pay the costs with the exception of prnt
that portion o the records printed AZ Quebec when The
case was before Judge Roucher.
Justice Ritche SAID II had not been denied that q
number OF priests had taken part IN the Charley
election, but IL has been contended that they were not
amenable TO the jurisdiction vi courts. He could not
look upon the controversy in this case as at all re-
ligious question The electoral franchise was stat
utory anu cvii rght, ana its exercise was regulated
and protected by statute and means to reprcss
reference with TINS right Was provided Tor
BY law. The Violation OF TINS right by
any undue influence had been declared misdc-
meanor. and II mattercd not whether the person using
that influence was "a Ia. man or clergyman, he was
equally amenablc to the law. The learned Judge quoted
extensively IN support Of this view from decisions
rendered in Great Britain and Ireland and in this
country and he also quoted from authorities 10 show
that all depominaons were TO be allowed the rce
crcsc oi their religious latin They and their 50 ual
advisers must always yield TO the state where their
evil and gIous duties appear to conflict As to the
point whether the clcrgynen nad used undue Influence
lfcscnt 10 Ue 10
the Affirmative. Tho law plainly said th al
while clcrgynen were not denied full and Tree dscus-
OF all public questions there was 10 be undue
influence force whether OF spiritual
otherwise exercised TO restrain any ccctor
from voting induce him TO vote against his Will Amer
Al. Trcmbuy's election had been declared void the
22d of september, ls,5 the archbishop and bsnops
Of Quebec issued a pastoral letter 10 the clergy oil
oucbcc in which many mat ters were discussed and
pne paragraph OF which was devoted To the part o
the clergy political election and IN this section II
ascarcd 10 be proper Tor The priest TO determine
That voting on such side was sin and would incur
the ccnsure Of the Church. The learned Judge then
reviewed the evidence some length, and stated that
af,er examination OF the evidence he constrainec
10 the cotic that certain curatcs had used
lawful means 10 secure Mr. Langevins election, ant
had threatened spiritual punishment to any ono vOt
ing Tor Trembiay. II Was contended that thci
pr,csts were not The agents oi the respondent
snc therefore there no ground Tor declaring th'
election void. But the respondent IN his own evi
dcpce acknowledged that he had consented to ruT
oulv upon condition OF receiving the support o th
clergy ana that be well aware of their support
ana II was hardly possible TO doubt from MS testimony
- frAt.