HomeMy WebLinkAboutHuron Signal, 1850-05-09, Page 2the product of the pent labours of Iloward,
Bir 1Vw. Blsncketune snJ Mr. Eden (after
wards Lord Auckla•J) and. serasg• to say,
it has been the bents u( all legislation or •
prison duciplise is the Brain Parliament
up to this day. In n, the principle of cepa•
rake coe6neutenl, accompanied with labour
or the "sleet -grits" Lars demanded, we will
will feel bowed to g.e the Miustay credit for
the full siaee■t-aii.ply bares. Ihry will the■
Mite fulfilled the espeataiws which we Mad
the country gtserally had formed either gsver•-
ani moral and religious ioatructioa, was HURON SIGNAL
m`°'
,
clearly laid down as the warts -snJ the
deterring of others, the reforming of the THURSDAY. MAT T. HSA. Moksworih's Csestimim for New South
paonnr himself, end tourteg brut to habits ..- Wales. We expect it is suited to the climate
of industry, wore ricogo.zud as the great '
ul the(collat.'''. It a Ihbeial, end the Provisions of penal discipline. WHAT DID WF. EXPECT 1
y are chiefly left subject to the alrrrumua of tbe
The magistrar. of Puseea, headed b
his Grace the Nuke of Ra•huwn 1, were the W Mae the present Minissury came 1e10 power Celeand Pailiameor. The only prodigy whish
first who made the attempt to carry the -.e publi rap•cm'tr,5 tea "lord 10 s height. grye- it aaoouoees 0 ono Masse Lsgsi taco Council,
high principles roto practical operation; and ter, perhaps, than it 1,0J ever attained on any rlretrd by the same voters who elect the House
in 1779 a new pump war eeusl IricJ at (..niter occastoo. The evwt was regarded •s ■ tai Assembly ; aod this we most continue to re-
1lorehom in 1't•t ('ouute, oo a grimly 1111• new era io the pubtical history of Cauda -it grid as • eery ebw iorot5doe. nut, perhaps,
proved plan. A Houle of Correction was war look d upon •s the sucee.dul term,oauou of ,he intellectual atmosphere of New Sloth Wales
also soon after remptelo.l at Pcterorth, to the lou tun struggle egotist the deep-rooted
lbs snore County: and In 1791 a Peo•teu- g' t YY' C` p- rrq.ires u.
teary w.. erected al (iiuuce@ler-both bo prejedieee. and the complicated I•bytiutb of @oeui _ _
ing constructed with •view to carrying not 'utgvu,ei dart had resulted from many gest• of IL/ Tuts is the coldest, latest sad least
the high deaigni of the Act of 1779. '1 it mi.rulr-in .Inert, it wss.h.ikd as the tangible 'vital Spring that " the oldest iohatusest" n-
iceties of the experiment tluir instituted fact of Rrsponeible Government. member,.
in three three e►labltsbmen's erre .011 1' The Ref .rm Preis, without •single eaeepnon.
-^^ -
Xi" Wa bra received • espy of Sir William
leads, awl they teem booed. Meer defray leg the
uppere d , a pay posh the re-
te the Receiver pwnl of the bovine -
The fullowing lea eery of Ilea Cemmisd.a De -
der which lbs Upper, Camila eorpruiw acted:
" Ul►aa C .-Oe.eg. 111111 Th id, by tbe
Grose of Gadof the paned Xiagdom of
Great Britain sod Ireland. Kies, D,feeder of
the Faith. To all to whom those presents shall
come -Onstiag:
Wbereas in avid by as act pawed in the
Thirty-first year of oar Reign, by sed with lb.
advice aad convect of the Lords spiritual ad
temporal •ad Commons of Greer Belisha is Par -
lamest •sermbled, imitated. 'As Act to re-
peal certain parts of an act pasted is the 141b
year of Iler Majnty'e Reign, intituled so Act
for nothing more effectual provision for the goy -
ethnics' of the Province of Quebec in North
America, and to make further proviso,. for the
goeenuneot of the sa•d Province,' it is amongst
ether thing" enacted and declared, that it obeli
and may be lawful for us. our heirs aad emcees -
yore, to aulltoftae our G„eeesio.ot of Liruleasot
Governor of oar Province of Upper Castles, or
the person admiaistefiog the go.erotne 1 Sbere-
d, to make from and not of oho lade of the
Crown within ouch Province, such allotment
and apprnpnation of lads for the support and
maietenao'e of a Protestaut Clergy within the
have been roost stiafaetory: roc ignition'."poke rel it ass triumph, mid some of the room 17' oAc the I'lotiuciat Parliament will meet on same as may bear • due proportion to the
it is said, were reduce.' in her, the taleaie 1 j impa la'. of the no...lin party Tuesday neat, the 14th iau., and u the Bessie@ amt oat of such lands within the setae u have
health of the Convects war mu
ue,pae,l, thou at any tome been greeted by or under oar motto -
n telleein•I Ge .hies elevated, ibe r labour viewed it as • i.vorahle change from a system of will certainly be sn interesting one. we in- racy: and that whenever any gnat of lads with -
cheerfully performed, •nil their behawuur imbecile driveling to one of practical wilily.- in nor sail Province .hall thereafter be mad" by
good. In •hurl, the experimec is awl 1., This almost general vati.l.etioo was not that
Lay. barn cwo;J-telt' .ucce.alnl. The le common, temporary sen.auoo of pleasure, dist
floe of prinosere, however, it would appear, era t:rally revolts from a mere victory over an
eompellal the managers, after wise years, opponent faction--isarosefrom s knowledge of,
to break in upon the separate .y.lem with
which they commcuc,d-.nil, after • *hilt' and • cnnGJence it ib' p"ociple@ of the Inc.
all three Inetituunna riaok to the loyal of who had .neceedel 10 power. They were triad
the ovalis'+?) houses of detrouou of the Jay men -men who had been among the first to dim-
Toward the cl' e of last century, ,rets) , corer the depths of the iniquities of C•uulian
Bentham brocgbt before the Golernmcot • mirgoveromcnt, and who had conscientiously
plan for the erection of an establishment and I`eulesrly wreitled with, end dee'aimel
for the confiteutent sod employment of against the hoary corruptions of our Colonial
rfTcn!err, which he called a "Pauoptican,' )tutee, of •time when "the reform of wuri "
hill 0o acu"u tt ere taken on it, Sri`Samuel
Romilly brought up the schema again in was onlo J -timed another mode of expression for
1810, but aftor cxarninatioo it waft finally sedition and disloyalty! The people looked
rejected. SIr.et. then. until recently, little tract on the political conduct of these men, and
was done by the British Government fur from the honest and pereereriog consistency
the reformation of the penal system, but with which they had, for many years, contended
the advance of 11he public mind on all ques-
tions for the popular cause, public expectation was
of practical philathorpy, was not 110-
felt by the inmate of the British gaol. Im- naturally excited above its ordinary level, and
proveme.ts were (roam time to time effected reform, in reality, was confidently looked for.-
tn the prisons throughout the country -the On the meeting of Parliament lot Seinen, an
most glaring evils of fu►nie, times were anusedl interest and aziety were manifested by
swept away -end much was dune in many the eooatry. His F.xeellency's speech at the
localities for the reformation of Cunt/Mtg. opening of thv Session war hailed a something
Parliament rel had often its pi -in tun deify- altogether different from the old stereotyped
to di.eover some appoved pian of eta'sufy-
ing prisoners, but the national penal eye- speeches which the Canadian people had been
tem of England has not been at all adequate accustomed to receive from their Ooveroor. it
to the growing evil, and might have been war full of hope and promise, and •Iloded to
the result bed not the penal colonies fur- measures of reform with which almost every
nished an outlet for thousands of criminal■ body seemed pleased, and Dearly the whole pito-
yearly, it is painful to contemplate. The pin and e.prciaily the Preu, smog forth colo -
prevent govcrntnenf, when in power in 1832, •tams in abundance. The country appeared
tock a step in the right direction at last,
and the result of the inquiries then inatitu•, folly satisfied that the right men were now at the
ted wee the adoption of a .y.tem combining helm. The Session of 1849 was the most
preparatory penitentiary discipline and final stormy on record. The Government cooiended
transportation to the Colonter. A model against se opposition the most unreasonable, ty-
prison was erected at Pentooville on the molest, furious and disparate chronicled in
most perfect ante. It was opened in De- pot tical history ; •od yet, in the face of this op-
�
eembcr 1841 and the new seism is now
been possible to judge, the experiment is H'
•
said to work well; great caution, however, I the Assessment and Representation Bills,) were
should be exercised in judging from the re- •uoeesdolly carried' With these two ezeep-
ports of those friendly to any system, and lion", the measures which were NO loudly landed
there has not yet been ruffuient bestrode' nine afford- at the bestieg of the Session, were. in defi-
ed fully to teat it. working. But however once of the savage circumstances, made laves of
the experiment may end, the British govern- are farad
ment deserve praise for the enlarged and
efficient scale on which the experiment has Weds not write thele fasts to new that the
been put i0 motion. Ministry have done everything which they
In the Untied State., efforts on bebdlf of ought to have clime nor that they have not done
the prisoners were early made. As early some things which would have been better an-
ts 1786 • priso0 ding/line society existed in
Philadelphia, and the principle of solitary done. We slwga expect (i• our generation at
confinement was publicly broached. In least) a certain amount of blundering on the part
1790 ela.sificatton of prisoners was recog- of all Governments, and we willingly admit that
nixed In an act of the Legislature, and was the present Goternmeet doer not form an nue-
for some time maintained in the Walnut don to this expeetstioo. But we thick itis
being tested in it. As far as it ha. yet D�
tins, the whole messurn .. 1 to
Excellency's speeeh, (with the exception of
Street prison; but an influx of prisoners
seems 'to have broken op the system. in
1818 (be Arch Street Prison was opened
on the principle of separation and labour;
to the same year the Western Penitentiary
of Poonylvania was authorised lobe erect-
ed the principle of absolute unemployed
solitude; and io 1829 the Eastern or Cherry
11111 prison wee opened on the principle of
separate confinement a1 labour. This last
system continues to be followed in all of
these prisons, and Cherry Hill hae attained
• a world wide celebrity as the model institu-
tion of its school.
in Beaton, a Prienn discipline Society
was e.tebli.hed in 18e5 and has wince con-
tinued in active operation. The system
adopted At the Eastern States prison., and
indeed throughout the inion, except in
Pennsylvania and New Jersey, is separate
confinement a1 night aril congregated
labour during the day, with total 'edema
at all times:
Saabs Tame. -We an glad to notice
that the Spring trade has coas.IMed, es-
pecially with the colonies below. We see
by the Custom Ii Tomo entries that Messrs.
F. Maitland, Tyles k Co. are ioading a
schooner for 8t. John's Nes fyundland, with
flour and prerioions, which will rail to day
or to morrow. the also undrr.land that
the 1'irgiaie is now loading in Quebec for
the sane port. We are happy to see this
trade growing ; and there is no reason why
**should not engross it entirely. We
have been favored with the following et -
tract o1 a comrerctal house, dated Mt.
J..hs's Newfoundland, 97th Meech, 1)130,
to their correspondents in Mnntrual :-
" Our leg mla•uue have removed the duty
from fin, so that we suppose our A•h will
be admitted unto Caned' iron of d.ly ."
We would 1 se home!) any action bar
bees taken by the lit. JAW,' Newfound-
land, Legulatore with reference to toter-
colunvl free trade, that the measure will be
found to embrace, not fi.1 alone, but the
production• proper of the ',ewer Provinces
sad Canada ; and it would please are 10 be
able to odd, also those of the B. West
Inde.. 1t w.11 be necersary, however, that
d8ctal informal too of the mune of seen
sore such as that to which tea have rrferted
be coemiuniuted officially to the Canadian
G..vernmrat, otherwise, weapprehoud, that
ob pmeo10 mn110 pertwuly to ouch e.•m
...seen..., w,lI M subjected to the pre
*awl dory of lig per erns. ---Motet, (el Gu
salts.
tend to lay &Tide • number of our standing adver-
tisements in order to make room for a larger
amount of more important matter, and, we
hope that the inhabitants of the United Counties
of lluron, Penh and Bruce will manifest an lo -
tercet to the l'arfiamentary proceediogd, by sub-
stribiog numerously to the Huron Signal.
ITY Wa acknowledge • list of twelve new sub•
scribers from Stratford and anther of oiae from
Brueefield.
From oho Glebe.
•
111STORY
OP TOE CLERGY RESERVE QUES-
TION IN UPPER CANADA.
a
No. IIi.
1a our last chapter we gave all the classes of
the Act, 31st Geo. III., cop. 3l. which bare re-
fer/on to the Clergy Reserves, and from which
may be traced all the political -religious chews -
.ions of Upper Canada. For early tbiny years
the whole scheme remained entirely to abeyance;
the Goreramant set aide lands Isom time to
time, odder authority of the Act. (io a peculiar
(uhioa of their owe, however, which we will
(aamme hereafter,) retainisg the management
in their own hands of the lands, so set aide;
they leased a few lou for which they drew the
rents, but the whole receipts were not enough,
we believe, to defray the caps..e of manage-
ment.
Io 1792 a Church of England Bishopric was
established in Canada, and we fi.id au ace000t of
the modes operandi In Smith'. History o(Cana-
da. The author of this History war Clerk of
the Parliament and Muter in Ch y of the
Province of Lower Canada, and a keen partizan
of the high-F..oglieb party in Lower Csada, so
that we receive his opinions with citation.-
Smith sa)s:
Hu 51.l-
esry King George the Third, at all
time. analog to promote the 'pintas! es weld
as temporal prosperity and happioeu of his sub-
jects, took into bar royal eoosideratioa the s-
ces.ity of eatablishing the Church o! Eoglsd in
C.nsda on a sure cid solid loundatioe. The
better to effect, the object His Majesty had io
view, he, wisely, constituted the Provinces
I.ower and Upper Canada into a Bishop's See,
and called it by the name of Bishopric of Qoebee.
To fill eo importastant • situation es tbat of the
first Bishop of Quebec, it became necessary to
choose • Divine distinguished .for learning,
morals, probity and prudence. Hi. Majes-
ty, therefore. selected Dr. J'scob Mountain, as •
person in poeseuioo of tar em;oent virtues,
and appointed him, by Letters Patent, under the
Creat Seal of Eaglaod, Bishop of Quebec and int
depeodencies. The Bishopric to be held by him
for hie eatonl life, and to his successors, for
ever. His Lordship arrived io Canada in the
month of November, one tboosand seven hundred
sad suety -three, and took po•sesaien of the
charge graciously conferred on him by His
Maye:ty. Ha was vested with the power to
confer the orders of Deacon and Pent, to eon -
firm those that were baptized, and that had come
to years of discretion, and to perform all other
Ieseuoos appropriated to the office of • &.bop:
to exercise junedieuoo spiritual and eceleaiuti-
eal by him or his Commissary or Commisseries
tbronghoot the said Bee and Diocese, according
to the Lain sad Canons of the Churoh of Eng-
land. To give institattoss to benefices and
`rant Licenses to Curates and to visit Reston,
Curates, Mimiarers and lne•mbents of all the
Chorebs, within his Province. To have juris-
diction over the Roetors, Ministers, Curates,
Priests and Deacons, and to have power to re-
move, deprive or suspend them, or other Ecelesi-
ati:.1 censure they might be liable to.'accord-
ing to the Canons and Laws Ecclniatical of
Great Britain. To appoint Commissaries under
his hand and seal• who were authorized with per -
minion of the Bishop, to give institution to
Benefices, and to grant licenses to Conies, and
to visit Reston of all the Churches wherein
Divine Service s:u11 be performed, sod to punish
and arrest Rectors, Curates Ministers and other
ioeumbenu, according to their merits, by re-
moval, •ospenstue, or other ecclesiastical cen-
sure. That persons aggrieved by the judgment
of any Comm'.rary, might demands re-examina-
tion and review of lodgment before the Bishop
himself, who, upon such demand mode, was to
take cognizance of such judgment, and full pow-
er was given, to affirm, revere or alter the judg-
ment, sentence ear decree of his Commiefary-
aad, in canes when parties conceived them.elvei
aggrieved by soy jsdgmeat, decree or eentence
pronounced by Ow Bishop himself, or his suc-
cessor*, the parties werreeritled to nn appeal to
the Krog to the High Court of Chsscery of
Great Britain,:fint giving security and notice to
the Ri.hop of the intention of the parry to ap-
peal; which appesl to be heard and determined
by epeeist Commu.iooen to b. Appointed by
the Kieg, whieb waitron is to be final. The
Bishop and his eseeee.ers declared • Body Cor -
peva., and to bees full p.wer to purchassall
Masora. Me.55a.es, (weds, Recta, Tenements.
Agoutis., and Hereditaments in fee or in per-
penalty
oope alty or for life or years. to demise, &soma0 ef.
Of 111 the @erne, se In or they might think ex-
pedient. To hare a ('o porat. faeal, and to see
an be sued The Bishop and @twee/nor, aro
deelared ssbyeel to the authority of the A rehmpi -
eepal hes of the Proeinee of Casterb.ry, except
in asses of appeal. which .hall b• heard an de-
cided by Cemenf@eioners appointed for that per-
p�•5e.@ 1. eddhe weren bth...
lettere p01001,
tioa etherto lthettpo.,. pegatniawarsy 0(ter-
♦srvls I@eoed, dignifying and advancing the
BubInp and hie nree.w,re to the name, .tat.,
deg,.., dsguty. ped hour of 1,efd 8ahep of
Qrekee awl Ire dependencies ohtch theLord
honest to compare the good end evil, not only of
Governments, bat slime( individuals, and if there
Is a balasee is favor of the good we are disposed I
to give credit for it. When we consider all the
circumstances which have surrounded the posi-
tion of the present Ministry, .we feel inclined to
believe that there is a large balance is their
favor ; and, !ayes it down as a principle that,
" it is soon enough to shake hands witA the
Dent when owes tee meet Aim," we refuse to
unite in a wkolseeale condemnation of the pre-
sent Ministry so long es their Bolts are (ewer
than their virtues.
But, our intention in writing this article is to
point out, not the proverbial feet that human
opinion is the most mutable thing io the world,
but the more dengerons fact, that its mutability
is fregoently dishonest. Ws bays already end
that the presenr Ministry when they came into
power were mon popular than any other Minis-
try that preceded them -we have said that the
public expected much from their Govemroeot,
sad that this expectation arose from aknowledge
of Ib. tried integrity of the men. Every body
.;petted r(jore -nod supposing that the Minis-
iRev Lae Niles short of the general expectation,
it is certainly net seressonabli to allow them
credit for whatever amoaat of reform they do sc-
oomplieh. We regret, however, to perceive
that this is sot the ease. - When the Govern-
ment does something that is really good -some -
'Jong in harmony with what the public expected,
the men of the "Greet League" ery eat, '' (la I
they are compelled to adopt the policy d the
League/ "' and when another gond not ie an-
nounced, site seat sheet is " Iia ! they are
forced epee the platform of Ills Clear -Grit et" -
Now, there a somethug ve.y silly is this coo -
due. An ons Goer to adopt the belief that the
Waiter, bee really se episin.s-s0 peliey-so
inchnsuos of their own? Are we to believe that
llt'the expectation that was proG@eedly eater -
'tined of their epeight, penevsriig. stateswsas
taints and prireiplee, was only a sere seem 00
Ihs part e( the people -that tits Monier, 8.4
aclsa'ly se penetpl.s ser poley of their owe.
bus were merely shoved cite miss that they
aught act sea awl of.s..-0 -wan he the hoarse -
oleo cid the Cle•r•Onss 1 W. eeeld sat ee-
eignete such sondem by a "miler .ane thea
mdtt,rroi aee..sse. We se►anwledge. with
the old 3eotehm.n. that " Th. Amt o' fwbr .n
nen. the wrr re be *men sen," bet, at the mese
lime we feel •t,.6ed that there ere nen to the
Muttony mot to ramble, mid as wtllmg t. teeto-
tal,' for the booed' el' the eon0try, ea any other
sewn, end we have en Hewn re rstti(y ourself
now, by relaying them credit (se deieg what s•.,
all aloes, expected them to to ! And after they
hays ace. lu'Dnd every peniteabte reform, sod
mak* gooey reit.soetae reiw..-hme.t i• the
poblte gps.d,isre, eget rrber the Lenora..
n r under the authority of e.. oor heirs or seems.
' ors, there shall at the some time be made, in
teepee' of the same, a proportionable allotment
or appropriation of lands Inr the above-mentioned
purpose within the toworhip or parish to which
soca lauds to b granted shall appertaia or be
sneezed, or as Dearly s4jveeot thereto as circum-
stances will admit: and that such lands so allot-
ted and appropriated shall he, as nearly eo the
ch:cantstancee and store of the we re will admit,
of the like quality of the lauds in respect of
which the tame are so allotted and appropriated,
and .ball be, as nearly s the Mme can be esti-
mated at the time of making each grant, equal
to valve to the 'moth part of the !enclose grant-
ed; aid . tbst all and every the rent., profits, aed
emolunrtote which may at sy acme arise from
saeb lands so allotted asd appropriated u .fon-
said, shall b. applicable solely to the tnaiate-
n•ece and .upport of • Protestant Clergy within
the Province in which the same .6.11 be situat-
ed, and to co other use or purpose whatsoever.
•dminstertog th. goverment of our said
province fur the nee bin; • and we Jo
8.1.by require sail conned all oar officers, •
mleleters, and loving subject@ la their nye,
rel andrespectsveaLetitia.an places, to be
aiding Mad •aaieusg unto our stud Camo-
mile body to all things to be perform in
the due sxacutioo of these our letters pa-
lest. o
"By his Excellency's command. v
"In lwttmooy whereof, we have caused
these Dur letters to be made patent, and the i
great seal of our said Province to be a
hereunto affiaes. n
" Wit nese, our trusty and well beloved, t
Sir Peregrine Maitland, K. C. L. Lieut. .
Governor of our said Pro.nce,-and Major t
General commanding our forces therein, at
York, this thirtieth day of April, e0 the
year o1 nor Lord one thousand eight hun-
dred and nineteen, in the fifty •ninth year. 3
1t t. •Ileged, and we hen met with 50
argument to lbs contrary, that up to this a
time the mass of the Canadian people were 1
entirely ignorant of eh* existence of any
clergy fund, and that this charter, granted a
to the Church of kagland, was concocted
byBuhop Mountain mid his clerical friend"
aone, and was demanded and obtained from
the Imperial Authorities, without soy refer-
ence to the wishes oftho people. Indeed,
it a said, that the Bout hist of the matter
publicly obtained in Canada, was from the
following advertisement which appeared in
the Quebec Cozette :-
" CLERGY Ireseayss.-Itis Majesty
haring been gracious!) pleased to erect and
constitute a Corporation, consisting of the
Sishop of this Diocese and the Clergy of
tbe Church of England hulJiog benefices
witbu this Province for the superiotendteg.
managing, and conducting the Reserves
made, for the support of a Prot at Cler-
gy wttbis the Prorinee., PUBLIC NOTICE
to hereby gtveo, Met all 1 f .'1011 Re-
serves will in the future be graoled by the
said Corporation ; and that applications (or
the same arc to be made either to the Se-
cretary of the Corporation at Quebec, or to
the Clergyman of the Church of England
residing nearest the lot to be applied for."
" Notice or also further given to those
persons -whether bottling Clergy Reserves
underlease, or occupying them without
title -who are in arrear a the payment of
rent for the lore respectively held by them,
that the Mtmoi.kers piths Church. of En-
gland residing nearest to ouch lots, w
severally authorised, on the Fart of the
Corporaltoo, to receive arrears for rent, or
in cases where such arrears shall be large,
to compound for them : such composition
to be subject to the approbauo• of the Prin-
cipal and Directors of tbe Corporation :
And all persons so 10 arresr are galled
,poo:to make payment furthwith acordingly
and to prevent thereby the necessity of
furtber proceedings against them.
" By order of the Corporation
" ANDREW WM. COCHRANT.
" 8eeretary ."
Almost .tmultaneoeely with tbu move
[sent from the Church of E•gland to lbs
eastern end of the Province, tis first step
se,, ,e to have been taken in the same mat-
ter is it West, by the Presbyterians, but
in a much Oen humble shape. On the
30th March, 1819, the Presbyterian inhale: -
tints of the toorn of Niagara and vicinity,
addressed a petition to Sir Pen i:toe Matt -
land, then Lieut. Governor of Upper Cana-
da, in wbit:h, after maims their anxiety to
obtain " a preacher of re,. ectabulity of the
established Church of Beeti,:"d." they peey
that there may be granted to !hem "the
aunaalavm of £100 in aid. oat of the `funds
arising from the Clergy Reserves, or any
other fund at His Excellency's disposal.s1
11 m s remarkable fact that, when ti.'
qtueeuoo as to what parties were entitled to
the $ , was by this, and similar pe-
titions from members of tin Church of En-
gland, for the first time pr ted-tbe
Provincial Government seem to have had
n o fixed idea on the subject, and applied to
the Imperial authorities for instructioo ID
the matter ; this the following Despatch
S howa :
York, Upper Canada, 17 May, 1819.
'' MT LORD, -I have the honour to tram -
mitt to yodr Lordship the espy of • petting
from the Presbyterian inhabitants of the
town of Niagara and its vicinity, paving
for an annual allowance of £100 to aslet
in the support of a preacher.
" The actual product of the Clergy Re-
serves is about £700 per noon. This
petition involves • question on ',blob, Of
perceive. then ib a diffar.nce of opinion,
TIT. whether the Act intend' to tend els
benefits of the Reserves (or the maintenance
of Protestant Clergy, to all denominations,
or only to those of the Church of England.
Tho law officers seem to incline to the lat-
ter opinion. I beg leave to oburn witb
much respect, that your reply to this pe-
tition will decide a question which is of so
much interest, and on which there is a live-
ly feeling throughout the province.
" To similar requisition of petitioners of
our own church, it hae been replied, that i
hoped, when the bishop should arrive, some
satisfactory arrangement might be made.
"i hare, kc.,
"P. Marrcalrp,
" Lieutenant Governor.
The home Government seem to have
been quite as .fres from a pre -conceived
opinion that any particular Beet bad an 5x-
clnalre right to the Clergy Lando, se were
the Colonial authorities. The fact that
the charters of the Corporation merely
made the Clergy collectors, without any
power over the expenditure of the pro-
ceeds of the lands, and compelled them to
pay over all monies to the Receiver General
of the Province, shows clearly that the ap-
propriation of the fund was, u yet, quite
undetermined : if, indeed, it doss not lead to
the direct inference that ether parties were
thought entitled to share i• it. Bar Pere-
grine Maitland's Despatch, however,
compelled the home 1' to more
to the matrer, tied •ecoudiagly we And teat
in Sept. 1819, the mention of title ender
the act of 1791, was referred to the law
officers of the Crown. The opinion of
the law officers war given s follows :
" Docrosa Cowwors, Nov. 16, 1819.
"MT Lone, -We ere bewared with your
p'e commune of the 1418 Sep/.m
Mast, stating that doebta having anon
fu, under the construction of the Act
i. .,ed in the 31.1 year of his present Ma-
ty, (e. 31', the Disuniting Protestant
s•isten res t in Cann have a legal
claim to participation i■ th. lane by that
Act directed to be reserved se • provoker
for the hrepport an maintenance of a Pro
tartest clergy.
" Asd your Lordship is pleastd M re
got, that we wNld take the Dern isle
eoosedsratios aad report to ger t.e►d.brp,
for the usforteataen el the Pn.o. Regent,
oor opiates, whether the Governor of the
Preens is WNhr reignited by the Aet, et
would be justified toW�ag}�p prodece
al the reserved lands to lime ssHN.naoce of
e y other than the clot/tot of the Church of
England resident In the Pennate ; sod is
ti 10151 of our bldg .f moon Int the
nommen of Dese.sttag PreWitaat Coogre-
gauow ban • soocurraot civet with those
al Ulla Church of Regina, d, ferthe, deshlog
ur opinion, whether, is applying the reser-
ed lands to the endowment of oratories sad
patronage's, u required by l8. 18th clan
a.e,
l us'neumbest upon bar Majesty to Totals
proportion of those leads for the mainn-
anee of the Diesentia` clergy, and as to
he proportion a whin, soder each a eon-
Iruction the prov151os is 10 11y ass:good to
he different chigoes ofDisaenters establish-
ed w1thin the Pprovtoce.
" We are of opinion, that Ihougb the
provisions made by 31st Geo. 3 e. 31 ., e.
6 and 4t, for the support and msiotesance
ofa Prot.steet clergy. are not confined
olely to the clergy of the Church d Eng•
and, but may be ext.adsd also Io Ilio cler-
gy of the Church of Scotland, 1f there ars
ny etch settled is Canada, (w spp.srs to
bars bees admitted in the debate epee the
passing of the Art,) yet that they do not
extend to dissenting Minulero, singe we
think the term Proteawet clergy era apply
only to Protestant clergy r.cogaiasd
and established by law.
" The 97th section which dirsete that
" the rents snJ profits el the Isnd," lie.,
■hall be applicable solely "to the ue•iato-
napes and support of Protestant clergy"
does not specify by what authority the
rents and profits ars to . so applied. Sup-
posing the Governor to the duly) authorised
by the Act to make sock applioalioe, we
think tbat he will be justified io applying
such rents and profits to the maistsaanee
and support of the Clergy of the Cherch or
Scotland a well s threw of tjbe Church of
England but not to the support and inmate -
trance of ministers of Dissenting Protestant
congregations.
"With respect to tbe secow l gsselion the
98th clause," which empowers bis Majs.ty
to authorize the Governor to Constitute
and erect parsonages or rectories according
to.tbe establishment of the Church of Ze-
eland ;" provides sI.o " that he may endow
every such parsonage or rectory with ire.
much of the lands snouted and appropriated
in respect to soy lad within such tnwasbip
or parish which shall have been grested. as
the Governor, rush the .4,tce of the Ewe -
cutter Council, shalt yule. to bo.xp.di.t.
"Under these terms be might endow
any particular parao.age or rectory with the
whole lands allotted sod appeepriabd to
that township or pariah.
" it would be inconsistent with this dis-
cretionary power that any proportion afresh
lead■ should be abeolutely relsined for any
other clergy than those mestioeed is that
clause, aad w1 sleek itis sol Iseam/entea
his Majesty to retail' any proportion of such
lead.
"We have the honor 10 be, eiy Lord.
"Your Lordship's most obed't ser'vts.,
(Sighned, )
Cotta. Roaraso.,
R. Grrroae,
J. B. CorW,.
" And whereas our Governor ante Lieu-
tenant Governor, Of persons ad:Motstering
the Government of our said Province of
Upper Canada, have from time to time
made such grants, allotments, and appro-
priations of lands, called 'Clergy Reserves,'
for the support Med maintenance of a Pro-
testant Clergy within our said Province of
U. C. as bear a due proportion to the
a„ aunt of such leads, u have at any time
sen granted by and under our authority
witkto the nettle, and aro s nearly as the
"sine could be estimated equal io value to
the seventh pet of the lands so granted
sod it hath become expedient and necessary
to eury our royal rneentioes roto effect
respecuag the same. Now therefore koow
ye, 11{at taking lhs prsmi..;• into our roy•
al consideration, and being le5lroua to
adopt such measures as may heti v`oorltice
to the due and sufficient support of out Pro-
testant Clergy wilbis our .said L'rovje.e or
Upper Ganda, for .upertntendingr, leana-
gung,.and conducting of alt such allotment.
and appropriations of lands called Clergy
Referees heretofore mm's, or which shall
be hereafter made, frorn and out of oto
lands warn' our .aad Province, fur the sup-
port and matntenaace of our Protestant
Clergy a tibia the rime, -We have nomina-
ted, constituted, appointed and incorporated,
and b: these presents do nominate, consti-
tute, appoint and incorporate, our trusty
and well 'beloved The Right Rev. Father in
God, Jacob, L.nrd Bishop of Quebec and
hie @successors, being Bishop. of Quebec,
for ever, and the Clergy of our Church of
England bolding, or ybo may hereafter hold
beneficed, of appointments under the Crown
within our said Province, or who now, are
or who hereafter may be naident and hanog
cares of souls therein ; the hooerable James
Baby, oar Inspector general of our said
Province, and Thomas Rudout, Esq. out
Surveyor General thereof, and their succes-
sor in the same office, respectively, for
ever to be a body corporate and politic 10
name and deed, for the purposes aforesaid,
by the name ofCorporattoo ter .opennlead-
mg, minnow a4 conducting the Clergy
Reserves within the Province of Upper
Canada to have perpetual succession, and a
commos seal, with power to change. alter
break aad make new the same wheo and as
often as they shall judge the aams to be ex-
pedient ; and they Med their successors, by
the same mine, shall have full power aad
authority to sue and be sued, implored and
to be impleaded, 'lo answer and be answered
unto, in all manner of courts and places
that now are or hereafter sball be establish-
ed within this our said Province of Upper
Canada, ea well temporal u spiritual in
all manner of suits whatsoever and of what
nature or kind never, such suits or actions
be or shall be ; and shall have full power
and authority to make, ordain, and consti-
tute such, and to make by-laws, roles and
orders not repugnant to the laws- of Great
Britain or the laws of our said Province, a
by them or the major part of them shall, or
may be judged expedient and Toe y, ere
well for the direction, conduct, and govern-
ment of the said Corporation, s fur the
superintending, managing and conducting
of the .aid allotments and appropriations of
lands called Clergy Reserves -provided
that no Such bye lawn, rule. orders shall
have any force or effect will lhe same
have been sanctioned and confirmed by our
Governor, Lieut. Governor or person ad-
ministering the government of our said pro-
vince under his hand and at arms. And
further, that our said Corporate body shall
have full power and authority to ask for,
sue for, recover and remelts. such rents is-
sues and profits s may already have become
due, or shall in all time coming hereafter,
become due from the said Clergy Reservoir ;
sod .6.11 give, execute and deliver oath
discharges, receipt or receipt', acgnagoce
or aegnatanees, s mly be requisite and
necessary in respect of the same, sad shall,
after the psymeot of all necessary exposes@
incident to the Institution, pay, or cause to
be pard forthwith upon the receipt of the
same, the balance into the hands of our
Receiver General of enr said Province ; and
that esr said Corporate body do ones in
t every your, or .fuser if thereunto required,
Bishop has ease e.lnyed, •rid whreh tit, n err anent to, ease with our Governor, 19.0.
ns►r, netted a bar l.eydshtp•s seeressers far
ever." (aonraar, or p.seon administering the goo
As the Prov,nee edeaaewd ,s populating cid versnsea of oar said ptorinee, for all rents,
land began to b. of some value, the attention er' ion..., prowl., neelp5 and expeedilars.
the Chorea e,f F.eghi"I the Ridu,p of Q.eMe aH0ag from, or aaereter to lb* ms.ap-
( there beteg .n Bishop 1s Upper Csada of that .w•4 fief our said Clergy Reserves ; and we
duel was directed to the whj.et of the raaerved do hereby require our said Corporate body,
CI.,gy lands le the "nibs.' of 181 -19, Dr. in tbe eeecottob of the trust so reposed in
(temee„oren.stais, ih.o. elder, aabppli
sd goseNgb betMshler9 tlehem,
eMire 15andll fothlliooewge oueocaeh raurml1,eg etrd.nhe seemed,
ole.. *sent."
ib. Atnelie. e( the Chorch gf toot, mellows, s shell from time 10 tuna be
F..gtasd Clergy. TA. Rev. s55tkmar war sac- mean by us, our Irvin and successors, by
osauhd, s.d 8555510 weer (nomad: nertiss ib.
Epi.e.pal Chep of each P,e,inas iota a carp'► any warrant or writing under our toga
froths for the niSugemSat of the re..,ved lana. mama,t Or tooter 18. hand sod seal at arms
Ther hake gat r err/ Lisal. (ioastasr
y peen" pee he'. a toes. the r peso.
•
•
neetweinedamor
"EARL BoTsouT,
"Ste. lee."
In accordaocp with this o pisios, the
Lieut. Governor was advised by Despatch
from the Colonial Secretary, of 6th May,
1)1110, "the provisions made ly (6. 31st Geo.
111.. chap. 31, see. 36. 49, for as support
and mar*leSORee of a Protestant Clergy.
are not confuted solely to /he Church 1f
England, dirt may he ertendrd else to the
Clergy of the Church .f Scotland; yet
that they do not cora to dmenstiag AGMs-
ters," ¢'e.
The first move wbi.8 we And in the Up-
per Canada Parliament on ithe- nbjsel of
the Reserves, was ea the 13th inns, 1319,
when Mr. Nichol, seconded by Mr. Hatt,
mored the adoption of the following W-
ares to the Lieut. Gonroor, whin ems.
earned unanimously : -
May ft Pceasa Yooa Excsw.wecTon •
W., his Majesty's tiiatiful aad L.yal.rb-
y.eto, the Commons of Upper Canada in •
Provincial Parliament neembled, most
humbly request that Year Rasells.efy•
would be pleased to dime the prspr of-
ficer to lay before this Hoese em aee.aal of
the Clergy Reserver land, with the re-
venue arising therefrom, cid in, apprsp.i-
stten op to (8. 31st December last, se Ate
as the same Mascertained."
'On 6th July, SiP4.rgrt.e Maitland. go_
plied a. follows :
GdOTurar- -
"Th. Clergy Reserves aad the May.ase
arising from them, an account of which
you have requested to he laid before you,
are placed by the British Proliar.esl :ernd.r
the control of the Kier : 1 .ball thereon
pray for the instructions of his Royal
Higbposs the Prince Regent, ea the sub-
ject of your addresi•"
We End no further Parliamentary notion
taken in the promisee until soots years
later. in the msantime, however, the re-
bores lands, wen becoming iaily more
valuable, and the annual proenede froro
being insef8eient to' defray the expenses
of collection• gradually bens to yield a
revenue. W. 6cd the aril product of the
fund was:
lo 1890 £969 1S 1
•• 1831 910 15 4
•• 1391 160 6 8
Th. Members o! the! Churoh of Scot-
land, though 'neurally kept is lgla.ees.e
of lbs formal opisies given in their favor
by the imperial Law Seers, *.d of the
Despatch r.cogni.ieg their claims, sem
m.ec.d agitating for • share of t be .poils
and though looking bock at this libitum
we may regret that their Zine of posey was
sot less selfish, we bars .1411 the festa to
rest epos that, but for their thus premise
a claim 50 irresistible, a more liberal op-
position to the high Church m•cbiastions
might not have been se effectively ingot
The Church of Scotian claim wee limiest
wedge, sod it was se undoubtedly
that it brought out opponent' to t e fg8
Churchmen who might sever otk.ewise
ham moved. La 1891, ere believe, the
Chereb of Ae.tland One its fine fernal
effort oe the w►�' st, N the .haps of a
tn.rnoriaf to the Goverment, is wha.h her
claims t. •pvmes
olp.tion t. the R.rvoe
were urged. Th. Church .f England
eligtae, w in thew da>>. ruled Upper Ca-
n a& at will, took the alarm, and es ase.
22nd Apsll, IBM, a p.iftioa to the those
bn.ehee of the importal Parlament ton
prepared by the Clergy Reeser* C,evpevl'-
lie., aad (orw.rvted to sod. Fs %Mg
doe.ot..t the aid. of the 1,►ar.b a( Ikea -
lead tees 0040a.nd .t gr..ts04
.o.sghl I. be ops.l. "I'h.'ary Mn Ate
gross made 8 the other Meas
esenpated wi1L relet el th.Obo e& Oflilt-