The Huron News-Record, 1889-04-03, Page 44
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The Huron News -Record
61.6e a Year—e1.21 in Advance.
Wednesday, April. 3rd. l8flp
SECTARIAN RULE.
The vote in the House on the
motion to disallow the Jesuit Act of
Quebec resulted-- in 188 fur allow-
ance and ouly 13 against it.
Dalton McCarthy made the best
speech for disallowance and Sir
John Thompson for allowano,e. We
elsewhere give a summary of those
and other speechea.
The matter is ono which should
not have been brought up in the
House. Once the legal adviser of
the Governor-General declared the
Act a proper one, it was thrust out
of the sphere of legislative action
and became a proper subject for the
courts to deal with. This will no
doubt be yet done.
With all this it was a deplorable
result—was that vote of 188 to 13.
What does it mean It means that
nearly every Protestant member in
the Commons is afraid of the power
Of the Romish hierarchy in Canada.
It was a supple -kneed scramble
between Grit and Tory as to which
could show the most abject self
abasement before the Roman Cath-
olic hierarchy of the Province of
Quebec. It was as well an im-
politic acknowledgment of the supra,
tuacy of the Pope of Rome over the
Queen of England within the realm
of Britain.
Sir John Thompson's speech is
considered an exhaustively logical
one by many. .We do not think so.
It will be seen by reading both that
neither in fact, law nor argument
has he refuted the main contentions.
of Dalton McCarthy.
Sir John Thompson declared
that the supremacy Act was .not
force in Quebec. Coming from any
other authority ono would say that
was the velest "rot," and we think,
so all the seine. The authority of
the Queen is, or at least should be,
supreme anywhere in the British
Einpire.
The passage of the Jesuit Act by
Quebec is proof that de facto the
authority of the Queen is not su-
preme in that Province. We hope
the cOurts—the highest court—will
be called upon to pass upon the
question. This only will satisfy
the majority of the people of Cana-
da. Then the Hon. Minister of
Justice, toilet have been wool-
gathering when he held that a con-
quering people could not impose its
conditions upon the conquered. If
it could not it was not the con-
queror.
As for Rykert stating that the
Orange society to which he belong-
ed approved the Jesuit principles
because those principles were like
Orange ones in favor of civil and
religious liberty, history demolishes
his -contention entirely. Jesuitism
is a synonym for hiorarchial tyr•
many.
• The only excuse for Protestant
Conservatives voting against Mr.
O'Brien's motion is that it involved
a direct vote of want of confidence
in the Government. They could
hardly oust a Government which
during the past eleven years had
done sa much in the way of good
legislation, for the purpose of edit-
demning the one and only faulty
advice of the Minister of Justice. -
But for Protestant Reformers to
vote solid against disallowance,
nothing can be said dlaut that it
savors of utter subserviency to the
hierarchal power that rules this
Dominion.
It may as well bo acknowledged,
for it is now well known, that
whether in Dominion legislation, or
in the legislatures of the provinces
of Quebec or Ontario, the Roman
Catholic hierarchy rules supreme.
It is too soon to talk of a third
party. There are other constitu-
tional ways of having the supretn-
acy of the Queen in every part of
Canada rick no w led god. Failing the
courts, the ballot will be the resort.
The agitation among Protestants
now, started ever this' question, lute
ouly just cuturneficifd.
It may be said that the pith of
the whole question lies iu whether.
a province can do what it likes
with its own property. It cannot.
An individual cannot do what he
likes with his own.
Two men had argued for and
against this proposition. They sep-
arated. Meeting shortly after one
raised his cane and gave the other tit
hearty thwack acmes the shouldetti.
'The recipient of the blow asked
why all this 1 The other said be
had become a convert to hie theory
that a man could do what he liked
with his own. -"This cane is mine,
I like to strike you with it, and I
do so, see."
The money of the 'people of Que-
bec is their owni.but by giving a
large sunt of it to a body of men
whose reputation, on the whole, in
the British realm from the time of
Elizabeth, has been that of treason
and plotting against the state, is as
unwarrantable as to allow the man
with the cane to thwack his fellow
man.
The danger froni Jesuitism is not
from their religious teaching among
Roman Catholics. The State has
nothing to do with religious teach-
ing. But when Jesuits work atnong
Protestants and secure, as they have
done, for a religious body the con-
trol of the civil legislation of the
country, it .is time the people came
to know it and so prevent further
tnischief.
The vote on O'Brien's resolution
stood 13•for and 188 against. The
noble 13 were :—Messrs. Barron,
Bell, Charlton, Cockburn, Denison,
McDonald (Huron), McCarthy, Mc-
Neill, O'Brien, Sdriver, Sutherland,
Tyrwhitt, Wallace -13.
THE NEWS -RECORD has alwaya
contended •for equal rights to all
and ill continue to do .so. We
have been accused of pandering to
Roumnists because we have insisted
they should be dealt with the same
as Protestants. Now, we suppose,
we shall be accused of pandering to
Protestantism because we contend
that Protestants should have equal
right°. ,
EDITORIAL NOTES.
The Roman Catholic clergy say
,they will not continue discussion
on the .Jesuit's Act. But the Pro-
testant clergy and people are deter-
mined to not' let 'the matter rest
where it is, but by every constitu-
tional means endeavor to have the
Act disallowed. Verily the end is
not yet.
The proposed third party has
added another plank to its platform.
That the- .pope'or any other alien
shall not have anything to say in
respect to legislation by the Domin-
ion or provincial parliaments. And
yet many of those very same third
partyists invite and encourage aliens
to come and aid them in forwarding
wotnan suffrage, prohibition, and
commercial union legislation in this
country.
. _
THE DISALLOWANCE
DEBATE.
Immediately after routine in the
houHP, Tuesday, Mr. O'Brien
brought up his resolution respect-
ing the Jesuits' estates uct, which
he read as follows :—
That Mr. Speaker do not leave
the chair, but that it be resolved
that an humble address be present-
ed to his excellency the Governor-
General setting forth—
That this House regards the power
of disallowing the acte of the legiela•
tive assemblies of the provinces
vested in his excellency inscouncil
prerogative essential to the national
existence of the Dominion.
That tide great power, while it
should never be wantonly exercised
should be fearlessly used for the
protection ef the rights of a mitior.
ity, for the preservation of the
fundamental prtticiples of the consti-
tution and for safe -guarding the
general interests of the people.
Secondly, becanse it recognizes the
usurpation of a right by a foreign
authority, namely, his holiness the
Pope of Rotne, to claim that
his consent was necesaary to
empower the provincial legislature
to dispose of a portion of the public
domain, and also because the act is
made to depend upon the will, and
the • appropriation of the grant
thereby made is subject to the con,.
trol of the Same Authority ; and,
thirdly, because the endowment of
the Society of Jesus, an alien, secret
and politic religious body, the em)l.
sion of which from every Christian
community wherein it has hed a
footing has been rendered necessary
by its iutoleraut and iischievous
interweddlitig with the f !Adonis of
civil government, is frau t with
danger to the civil and re %ions
liberties of the people of Canada,
and this hones therefore prays that
his excellency will be graciously
pleased to disallow the said act.
That iu the opinion of this house
the passsge of the act hy the legisla-
lure of the province of Quebec,
-entitled "Ati act respecting the
settlement of the Jesuits' estate,"
ie beyond the power of that legielas
ture, firstly, because it endows
from public funds a religious organ-
ization, thereby violating the uu.
written but undoubted constitution-
al priuctple of the complete etipara-
tion of church and state, and of the
absolute equality of all denomina-
tions before the law.
MR. O'BRIEN said : —Concern-
ing the grounds for disallowance,
the first was that a fundamental
principle of the constitution was
violated by. the endowment of any
religious body. That principle was
iudieputably laid down by the act
for the secularization of the clergy
t.eservee. It was distinctly declared
that there should be no semblance of
a state established church in Canada.
It was not a proposition to be
tolerated that grants to which Pres-
byterians and church of England
were entitled ohould he set aside for
a principle, and yet that the grant to
thissupposed Society of JOHUS should
he restored to it. • By the British
.North America act the Jesuits!'
estates trust was recognized the
whole Dominion as a trust to he
administered for educational pur-
Lmest awl it could not now Ite
claimed that it was a matter only for
the province of Quebec. As if to
cure the defect in their title the
Jesuits had left the disposition of
the grants from the Qiebee legis-
lature to be dealt with hy the Pope,
and aS shown ny the correspoodence
the Pope allowed the Quebec govern -
meat to dispose of the estates. Ile
denied that the province of Quebec
enjoyed any constitutional liberty
to appeal to the Pope, and declared
that there were no civil or religious
rights accorded by the Quebec set
that were not controlled by the. act
of supremacy. To pass an act of
parliament so expressed and so de-
clared that it validity could be
determined by any foreign authority
whatever as childishness. No
parliament under the British crown
had such power. If the assent was
necessary to wake the act valid no
negotiation would suffice to condemn
the act. It mattered not who the
foreign authority might he—pope or
president, kaiser or king—the posi•
tion was the same. It had been con-
tended that an analogous case would
be a grant to the diocese of Ontario',
subject to the assent of the arch-.
bishop of Canterbury ; but he hell
that there was no archbishop here,
because the archbishop was a subject`
of the British crown. Even were
it an silalOgoUS ease he held that an
act making such a grant to the
diocese would be unconstitutional.
It has been said dna though this
Society of Jesus had once been bad
it had thrown off its evil habits and
was now a society worthy .of en-
couragement ; but if the weapons it
need were different the end sought
to be accomplished was the same.
The society was as dangerous as in
the past, and in this free country it
was not proper to recognize a
society which inculcates the princi-
ples dangerous to the public welfare.
He realized that the verdict of the
house would be ageinst his resolu-
tion, but he was willing to appeal
from the jury of the house to the
jury of the peoole, who, he thought,
would immediately declare that no
foreign authority civil or religious,
ehould lie allowed to have any vote
in its government.
AN ORANGE ALLOWANCER.
MR. RYKERT rose to reply.
Declaring himaelf en Orangeman
he ridiculed the threats made in
certain newspapers in Ontario
against such of the members of that
order as should dare to oppose dis-
allowance in this house. It was one
of the first principlem of the Orange
order that civil and religious liberty
should he maintained, but while
contending for suclr liberty he did
not feel called upon io join the un-.
holy alliance which had been formed
against his Roman Catholic fellow..
citizens. He thought that a canvass
of the people of Ontario would show
that a large majority of the people
of that province took the same view
of the question. 1 le 1.eieted out
that the inevitable result of the en-
couragemeriimf an Ontario crusade
against Roman Catholicism would
be a crusade in the province of
Quebec against Protestantism. and
that every Protestant, would he
driven from that proviece. It was
said that no 0; angetnan would dare
to favor the act. He was an
Orangeman, and as Reich he would
aesertthat thn government. was
right in allowitig the act. The
Orangemen COI 3111 that the order
upheld civil iiberties which were
indispensable to religions liberties.
DALTON McCA IIT If Y. To
show that the Jesuit e'
passed absolutely to the Crown, Mr.
AfcCerthy read the instruction4 rd
the King of F;neletel to t;ity cede -
t .0, Governor of Canada in 1773, a
----- •
year after the the Quebec'. . Ace.
Thee iiietructionts declared "that
the society of Jesus be suppreesed
and dissolved," and all their rights
and properties he vested in the
Crown "for such purposes • es the'
Crown hereafter may think fit,"
allowing the Jesuits their living
stipends for the balance of their
naturalli V44.4. He quoted Sir James
Mariott that the Jesuits cannot
pare any estates legally vested in
them in Canada. After following
up the fate of the estates, Mr. Me -
earthy came to the Act of 1830, by
which the Crown granted to the
province for the purposes of educa-
tion these Jetiaits' Estates. Then,
raising his voice, Mr. McCarthy
contiu nett :—So this special property
Het apaPt for purposes of education
in the province of Quebec, not for
the education of the majority, to
whom Mr. Rykert pays such Itutie
ble court, but to all the people of
the Province of Quebec, lute been
swept away by this enactuient,
which pule Her Majesty's name
as enacting that her own estates
were not her own, that the .Crown
did not own, did not get and did
not grant these estates to the Pro
vince, declaring that all the legista.
tion of the past was a fatce, mere
child's; play, and enacting, moreover,
that the only authority to dispose of
these estates was His Holiness the
Pope. "Is the Supremacy Act in
force 1" exclaimed Mr. McCarthy,
"or, even if it is not, and I contend
11 18, there is a well established rule
of international law that no authori•
ty, teniporal or spiritual, can be
allowed to interferee in the affairs of
Knottier country ; and how much
more did this rule apply when it
.was endorsed by the municipal law
of the count!), and by the common'
law of England, and tunde specially
applicable to this country by tett
Quebec Act Of 1774. How, then,
was it pomade to tolerate an Act of
Parlianietit Nulnuitt ed to the Gover.
nor General for him to pros upOn
on the advice of the 1)1ini8ter of
Justice ?
SIR JOHN THOMPSON'S ACTION.
"The Minister of Justice," Mr.
McCarthy proceeded, "sent it back
to His Excellency—How 1 With a
dozen other Quebec bills of no more
consequence than a railway chsrter
or a joint stock company • act.
There was no explanation,• no justi
fication, Ik0 reasons given and no
statement of any kind for His
Excelleney'll - guidance, until the
appeal came to his Excellency front
the Evangelical Alliance of Quebec,
when the Minister of Justice repors
ted OM this vess—"a fiscal matter 1"
"Sir, I do not understand the
QUeen'S English if this could be
called a fiscal matter. But so it
passed before His Excellency,and 80
Him Excellency passed it, and I
trout the GovernorGeneral will
have another opportunity of pestling
on the Aet and of saying whether
her Majesty's name is tlius to be
trailed in the (twit or whether this
hlot on our statute book will dins
appear,"
The effect of this hold language
in the Howe Was marked. Mr.
McCarthy then went on to assail
the Act on the ground that it vio.
hated the9 principle of religious
equality, and declared that it was
the duty of the Government to have
at once disallowed the Act and
stamped out the atteuipt to estab-
lish a kind of state church. In the
old days, when a Protestant (there!)
had to be despoiled by Act.. the
Parliament of united Canada passed
an act reciting :—"Whereas the
recognition of the legal equality
among all denominations le an ad.
!flitted principle of colonial legisla-
tion it is desirable the same ehould
receive the sanction of legislative
authority." This was the 'law and
the Jesuits' hill violated that law.
This enactment was passed at the
time of the secularization of the
clergy reserves for the purpose it
recited of "sweeping away the last
vestige between church and state."
Was not this grant; he asked, the
recognition of a church by the state 1
onJecrs OF THE GRANT.
Mr. McCarthy took exception to
the statement that the Act devotes
the $400,000 to the purposee of
education. While the $60,000 give!!
to the Protestants is expressly desig•
nated to he fcr education alone, the
$400,000 erant to the Jesuits 19 Rule
Viet to the disposition of the Pope.
The only condition attached is that
the money must be spent within the
Province. Mr. McCarthy dwelt on
the feet that no one contended that
the Jesuits had either a legal or a
moral claim for compensation. He
expressed the opinion that the Act
incorporating the Jesuits, which in,
corporated in the Province the
whole order throughout the world,
was not worth the paper it wits
writ tee on. If there was any rest-
monable doubt, the bill should not
be dimellowed. But he contended
that the practice of referring matters
to a foreign power as an arbitrator
WAH i11111.1.3Mt in the, povetiegn, and
0")) (3 not be del( ea ted, and did not
Apply to disputes; between private
parties.
AQ A MATTER or ernur POLICY.
Su rely," said Mr. McCarthy.
"WP have not to fight here for the
pritteiple enacted hy the Clergy
Res, rues Act. If Quebec had the
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SHOW—R0011 OPENING!
ROBERTSON'S
SATURDAY, April 6,
WHEN WE MAKE A :RANI) DISPLAY OF
11111illefailliSaiM Dresses.
DON'T MJSS IT.
Robertson's Great Cash Store
right to grant money for the main-
tetetnee of t ho Church of ,Rotue,
Ontario had also the right to grant
money to Protestant churches.
Dealing with the argument for har-
mony, conciliation and so forth, the
lion gentlemen repudiated the idea
that they were not to raise their
voice in defence of great principles
'limply to avoid the charge of engen-
dering strife. When the Romish
• Church felt aggrieved they were not
back ward itt calling loudly for jus
tice and they generally managed to
get it. Warming up to the Subjeot,
Mr. McCarthy spoke in no mealy-
mouthed fashion. "I think I have
the right," he exclaimed, "and I
propose to exercise it, to speak with
freedom, and I deny the right of
the went tier for Lincoln(Mr.Rykert)
to gag me and say 'you must remem-
ber the Jesuit body is under the
pi.otectine aegis of kie Holiness of
Itome, and youlmust not speak ex-
cept with hated breath of the Order.
Sir 1 deny the application of any
such rule to this free Parliament."
It was not a question of religtan, to
his mind, RH the Church needed not:
the support of this Order.
PRINCIPLES 0F THE ORDER.
The lion. gentleman entered at
length ou the history and characterof
the Jesuits'Order in order to support
his contention that an Net granting
money Ib the Jesuite on. any pre.
tence. or for any purpose, should et.
once be disallowed. 'He quoted
from the doctrines of the Jesuits,, as
elucidated before the Parliament of
Paris, to show that the members Of
this Order were obliged to obey the
General of the Order as if lie were
Jesuit Christ himself," and the
member "must persuade himself of
the principle that all he is able to
do is right and to adjure all persona
volition." He also quoted from an
article in the Quarterly:Review of
1874, stating the objects of the
Order as effecting an organization
of a disciplined and utoblized body
of men moving at the word of coin•
mand to war against and smite those
adverse,to the ascendancy of Papal
supremacy." That the means jueti,
fied the end had always been a
Aenst of the Order, and to show that
the Order had not changed in the
last two hundred years Mr. Mc-
Carthy quoted Cardinal Manning.
Jt was to -day the Male Order that
wee responsible for the expulsion of
the Huguenots from France, for the
revocation of the Eclict of Nantes
and later on, were concerned in
precipitating the Franco German
war of 1870. These !nen had been
expelled from every conntry in
Europe and in every case the Jesuits
could not have been right and their
expellers wrong.
SOCIAL AUTONOMY.
Mr McCarthy believed wi;nt he
termed the worship of local auto-
• nomy to be fraught with danger to
the Dominion. To every objection
to this; act they were told it was
within legislative jurisdiction of Que-
bec. But he argued Ontario was con-
nern'tl,as there was no guarantee that
the Jesuits; would confine their oper•
fiery; to Quebec As a matter of
fact they were at this moment work-
in the Province of Ontario.
Mr. Alnyot—You object'?
Mr. McCarthy ---I do decidedly
object and the people I represent
here object. It is said; Why did
you not raise your voice at the time
the act was being paseed? I do not
know that the tactics of the Govern-
ment I have supported or my own
tactics are going to prevent the
people of this country objecting to
this Act. What has aroused -On-
tario is that a sister Province of the
Dominion has thought fit by legis-
lation to grant money to an order
of this character. This agitation
sprang from and was confined to
the people, and not to the politicians.
"I believe," exclaimed the member
for North Simeon, "that this agita-
tion is bound to succeed sooner or
later. Hongentlemen must re•
member this is not going to end the
controversy. It hive COole to stay,
the great question to which thin.
measure draws atteittion. Mr.
McCarthy alluded to the sileri. of
Mr. Rykest against the agitators,
and referred to the high character of
such men as Principal Cavett and
Rev. Dr. Stafford.
THE PROTESTANTS AND MR, C.I.BY.
The hon. gt•ittleman then referred
to Mr. Colby's spsecli of last night
as a plaintive appeal. Mr. Cellty, lie
told then) that any censure on
this Govet nuient• meet fall with tett-
fold force upon, the Protestants of
Quebec because of the neglect of theme
Protestants to agitate at an early
period. They had nut to go far fly
a reason for this silence, and before
the debate cloeed they would kern
it, and he called on Messrs Scriver,
Fisher and Wileon of Argenteuil to
say whether they accepted the defi-
nition of the position given by Mr.
Colby, whether the Catholics and
Protestants of Quebec were the
turtle doves pictured to them by Mr
Colby, whether there was anything
but billing and cooing between the
Awo parties. .1-10 thought Mr. Cols
jrto,fir;reirticeias
weiIt! fuosrttrtai-ttaia9t1:•$nd .
true, was once a Protestant premier
but he m as driven from public life.
Mr. Laurier --Al ways opposed by
the minority,
Mr. MoCARTHY—So mush the
worse for them. That minority had
uo reason to compliment itself upon
Mr. joly's successor. The Montre-
al Witness, Mr. Colby heti sail,01)1y
raised a feeble protest. Was it
true, he asked, that the Witness was
excommunicated and remains under
the ban of the Roman Catholic
Church, whose people could not buy
that newspaper under pains and pen-
alties that may follow 1 That was
not a happy illustration of tolerance
in Quebec Province. Mr. Colby
said the Protestants of Quebec
quietly and without protest looked
on while the educational fund was
despoiled, and they deprived. of
their rights. "Then," said Mr. Mc-
Carthy, 1:1 can understand that it is
easy ti) get ou with the majority if
the minority submitted to thts injus-
tice without a word of reinonatrance,
if the Protestant minority. are als
waye willing to take just what they
can get. "Raise this cry," said Mr.
Colby, "and no Protestant can be
elected in that Province. Well, if
the Protestant representatives in
Parliament are only there to carry
out the behests of the other Hide
they area deception. We imagine
they are talking for their race and
religon in such matters when they
arise, but it turns out they are truly
TOE REPRESENTATIVES OF THE
MAJORITY,
and if the Jesuits are bonused tool
Ontario raises her voice in this Par-
liament we are going to raise a cry
that will deprive the Protestant re,
presentativett of their seats, 1 tans
not think that possible." ?Ir. Mc'.
Canby alluded to the rot/thin:is from
Quebec Province and Montreal city
to the Governor-General against the
bill, and declined to believe that the
Protestants of Quebec were indiffer-
ent. He thought if they were en-
couraged and saw a chance of getting
justice they would be up and doing
their part. It was, however, little
use fighting in a legielature composed
as the Quebec Legislature was. On
resuming his seat Mr. McCarthy
was loudly cheered.
VIE MINISTER OF JUSTICE
SIR JOHN TFIOMPSON Minis-
ter of Jumtice, made a long
and able speech in defence of
the Goyernment. He spoke well
and was very attentively listened
to. After breaking a few lancet;
with Mr. • McCarthy he said
• nothing he could say would be sat-
imfactory to one portion of the com-
[nuttily. Ile then entered on what
he called a wearisome relation and
reiteration of the position of the Jesu-
its esitatea in Quebec. Ile declared
the Supremacy Act not in force in
Quebec. If it was no person could
•
CT