In this year the House of Assembly passed a bill similar to that of 1828. It was rejected, as in the previous year, by the Legislative Council. In 1830, the same proceedings were repeated with like result.

In December, 1830 (see page 101), a monster petition was agreed to, and afterwards signed by 10,000 persons and sent to England, praying that steps be taken to leave the ministers of all denominations to be supported by the people among whom they labour and the voluntary contributions of benevolent Societies in Canada and Great Britain—to do away with all political distinctions on account of religious faith—to remove all ministers of religion from seats and places of political power in the Provincial Government—to grant to the clergy of all denominations the enjoyment of equal rights and privileges in everything that appertains to them as British subjects and as ministers of the Gospel, particularly the right of solemnizing matrimony—to modify the charter of King's College, so as to exclude all sectarian tests and preferences—and to appropriate the proceeds of the sale of the lands, heretofore set apart for the support of a Protestant Clergy, to the purposes of general education and various internal improvements.

Such was the comprehensive character of the reforms prayed for in this province upwards of fifty years ago. All of these reforms have been long since granted; but the enumeration of them shows how far off the mass of the people and their ministers were then from the enjoyment of the civil and religious privileges which are now the birthright of every British subject in Canada.

This "programme of reforms" will also show what were the principles for which Dr. Ryerson, and other pioneers of religious freedom in Upper Canada, had to contend half a century ago. Nor was the victory easily won which they achieved. The struggle was a long and arduous one. Each step was contested by the dominant party, and every reform was resisted with a determination worthy of a better cause.

In March 1831, the first attempt was made (on motion of Mr. Hagerman) to deprive the Canadian Legislature of the power to deal with the clergy reserve question. His motion was to revest the reserves in the crown for religious purposes, but it was negatived by a vote of 30 to 7. Although defeated now, the same proposition was frequently made afterwards, and at length with success. In 1839 a provision of that kind was passed, but it failed on technical grounds to receive the royal assent. See chapter xxxi.

In 1831 and 1832, addresses to the King were adopted by the House of Assembly praying, as before, that the reserves be applied to educational purposes. In this year a satisfactory reply from the Home Government, in regard to the clergy reserve question, was communicated to the Legislature, and it was invited to consider the desirability of exercising its power to "vary or repeal" certain provisions for the support of a Protestant Clergy. In 1832 and in 1833, bills to revest the clergy reserve lands in the Crown were read a second time, and, in 1834, one to that effect was finally passed, but was rejected by the Legislative Council. A bill for the sale of the reserves and the application of the proceeds to educational purposes, was passed in 1835, by a vote of 40 to 4, but was again rejected by the Legislative Council. This body in the same year proposed that both Houses should abdicate their functions in regard to the reserves (as they were unable to concur in any measure on the subject), and request the Imperial Parliament to legislate on the subject! The House of Assembly peremptorily refused, by a vote of two to one, to concur in such a proposition, and read a dignified lecture to the Council on its refusal to pass their measures, or to originate one of its own. The members of the Assembly felt that the influence of the Governor and the members of the Council would be so potent in England, that by it the wishes of the people of Upper Canada, as repeatedly expressed by that House, would be frustrated.[89] In 1836, the bill of the previous year was passed by the Assembly by a majority of 35 to 5. The Legislative Council amended it so as to leave the matter as before with the British Parliament. This amendment was defeated by the House of Assembly by a vote of 27 to 1, and so the matter ended. In 1837-38 the rebellion took place, leaving the clergy reserve question in abeyance for some time.

On the 15th January, 1836, Sir John Colborne, by order in council, established fifty-seven rectories in Upper Canada, and endowed them out of the clergy reserve lands. This was done at the last moment, and while the successor of Sir John Colborne (Sir F. B. Head) was on his way from New York to Toronto. So great was the haste in which this act was done, that only 44 out of the 57 patents were signed by the retiring Governor; so that only that number of rectories were actually endowed. There is no doubt but that the Constitutional Act of 1791 authorized not only the setting apart of the clergy reserves, but also the erection of "parsonages and rectories according to the establishment of the Church of England," to be endowed out of the lands so allotted. (Sec. 38). But, in Lord Glenelg's opinion, the subject was never submitted for the signification of the King's pleasure thereon. Certain ambiguous words, in Lord Ripon's reply to a private communication from Sir John Colborne, was the authority relied upon for the hasty and unpopular act of the retiring Governor. The legality of the act was frequently questioned, but it was finally affirmed by the Court of Chancery in Upper Canada in 1856. The judgment in the case of the Attorney-General vs. Grasett was that—

Under the statute 31, Geo. III., ch. 31, and the Royal Commission, Sir John Colborne, the Lieutenant-Governor of Upper Canada, had authority to create and endow rectories without further instructions.

FOOTNOTES:

[82] These tithes continued to be collected for the support of a Protestant Clergy until February, 1823, when a declaratory Act, passed by the Legislature of Upper Canada in 1821, was sanctioned by the King to the effect that hereafter "no tithes shall be claimed, demanded, or received by any ecclesiastical parson, rector or vicar, of the Protestant Church within this Province."