The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-01-06
we Answer Our Friends in Quebec.

giving regarding the effect which the es-
adjustment Of n republican form Of gov
eminent and admission To the American
Union might have upon French and CathO-
lie interests. We have received several let
tiers Of inquiry on the subject, and among
them one from q Catholic clergyman who
Is a professor In u Canadian college. AS his
questions are Clearly put. and go directly
tn tho point, we reprint them here. and
shall then endeavor to answer them In
detail. How" we are asked. would
Quebec be treated y
Tho treaty ,tlpu,ations between England AID
France. under when We have lived so long. would. Of
coarse. 20 by the board. | can readily see that We
should not lie compelled TO establish divorce laws, 90
abhorrent to Catholics. within the State or Quebec:
but how would It he with pnblic education. Should
we he allowed. as now. to maintain our Catholic
schools in part at the expense OF the State. that 10, out
Of The State taxesy should We be permitted TO sujoy
our French civil Code ! What provision would be made
for the question OF iangnsseI We could not begin to
speak ana write English at the stroke OF the clock. The
eccle siastical taxes now coilectibie by law would. !
suppose. be abolished by ourselves before We entered
the Union. Our people. being 50 much more prosperous.
would at once adopt the voluntary principle in sup
porting the church. which works very we'll indeed
among the French Canadians OF New England. But
would anything have to be done about the property
belonging TO our religious corporations before We
could DO admitted IN a word. how far would the e..
adjustment OF a republican form Of government
In the State Affect our French and Catholic interests"
How would Quebec be treated? Precisely
as Louisiana was treated. in which State.
at tho time OF her admission to the Union. q
large majority OF the inhabitants spoke
French and in which French law was so
deeply rooted that 1t survives to this day in
the Louisiana Code. Precisely. again. as
Florida and Texas were treated. in which
States. at the time they entered the Union.
a considerable number OF the Inhabitants
spoke Spanish. and in which Spanish laws
and institutions had long prevailed. Quebec.
like those States. would DO at libertyHto en-
body in her State Constitution just such
institutions and just such systems Of polit-
ical. civil, and criminal law as she saw ft.
provided only the State Government were
| republican in form and did not violate any
| of the inhibitions contained in our Federal
Constitution-inhibitions not numerous.
and inserted for the purpose Of assuring
free intercourse between the States and
their common defence against q foreign
aggressor.
Our Canadian friend. however. desires
explicit replies to certain specific interrog-
ulOIiCSs Auu thcoC We VII SlNo iltu. outs
| first. we will say that he is right in assum-
ing that our Federal Government could
| not take cognizance Of the treaty between
France and England. in the sense OF sub.
rogating itself to fulfil the obligations i'm
posed by that compact upon the British
Government. The rights. nevertheless.
conferred by that treaty. the inhabitants Of
Quebec can assure to themselves by em-
bodying them in tho State Constitution.
equipped with which they will apply for
admission to the Union. The author of the
| inquiries above quoted is also correct in
supposing that our Federal Government
has nothing to do with the laws OF mar
| rage and divorce. Those subjects of legis-
lation are exclusively dealt with by the
State Constitutions and the lawmaking
bodies established under them.
Would the inhabitants OF Quebec. after
the admission of their State to tho Union,
be permitted to enjoy their French Civil
Code? Unquestionably. We ave pointed
out that Louisiana has q Civil Code. based
not upon the common law OF England. but
upon the French customary law which had
prevailed in the Louisiana Territory. The
Civil Code which is now operative In
Quebec does not In principle and substance
resemble more closely the Code Napoleon
than does the Code OF Louisiana. Now for
the question. What provision would be
made as to language? 1t would be for the
State Constitution OF Quebec to make such
provision with regard to that matter as
should seem best To the people OF the
province assembled in their Constitutional
Convention. II the people saw fit to pro-
vide that in their State Legislature the de-
bntes should take place. and the laws enact
ed should ne published. in the French as well
as in the English language. our Federal Gov
eminent would have nothing to say upon
the point. or course. the delegates OF the
State of Quebec to the Senate and House OF
Representatives at Washington would have
TO speak English, il they spoke at all. but
the method Of proceeding in their State
Legislature would be exclusively within the
control Of the inhabitants Of Lower Canada.
How would the status OF the Catholic
Church in Quebec be affected by the ad-
mission OF that province to the Union 7
This is usually considered u crucial ques-
ton. but IL is easily answered. The status
Of the Catholic Church need not, as n matter
Of constitutional law, be altered in the least,
and whether. as Il matter OF e~xpediency. a
change should be made. would be for the
people of Quebec itself to determine. Our
Federal Government Is prohibited by our
Federal Constitution from making any law
for the establishment OF religion: but there
is nothing to prevent any OF our States
from establishing a particular Church
within its W territory. II the State Con
stitution forbids such a law. the people who
made that Constitution can alter 1t. The
Church OF England was established In Vir.
ginia at the outbreak OF the Revolutionary
war. and, II the people OF Virginia had de.
sired its continuance. that Church might
have remained established to this day. The
Federal Government could no more inter-
fere with the collection Of tithes under a
State law than it could with entailed
estates. which, by the way. existed In New
York for some years after the entrance OF
that State into the Union. The same thing
may be said with regard to the application
Of n mart of the State revenue In Quebec To