The bill thus constructed needed but the alteration of the last five words to adapt it admirably to the object and purpose of the Church party. The Legislative Council, therefore, changed the concluding words in the last clause into the words "Imperial Parliament for religious purposes." In this apparently simple way, but in reality, fundamental manner—and without any attempt at a conference between the Houses, with a view to adjust differences—the Legislative Council, taking advantage of a comparatively thin House of Assembly, made the desired change on the last day of the session. By adroit manœuvring the agents of the Church party carried the bill in the House of Assembly thus altered. In this way they succeeded in destroying the whole object of the bill, as passed by the House of Assembly. Sir George Arthur, in his despatch to the Colonial Secretary, virtually admitted that the passage of the altered bill was due to the fact that it was carried in the House of Assembly by a majority of one vote [22 to 21], in a House of 44 members, and at a late hour on the night preceding the prorogation!
Such were the discreditable circumstances under which the bill re-investing the clergy reserves in the Crown was passed. It, however, required the assent of the Queen before it became law. This it was destined never to receive, owing to a technical objection raised in England in the following October, that such a delegation to the Imperial Parliament could not be made by a subordinate authority. This defeat, however, proved to be a moral victory for the vanquished, as it gave them time for farther deliberation; it incited them to greater caution in their mode of warfare, and induced them to adopt tactics of a more secret and, as it proved, effective character.
FOOTNOTES:
[104] In the Guardian of September 19th, 1838, the question is put in this form and discussed: "Why do you not appeal to Her Majesty's Privy Council, or to the High Court of Parliament instead of appealing to the public here?" The answer was conclusive.
CHAPTER XXXII.
1839.
Sir G. Arthur's Partizanship.—State of the Province.
The bill for revesting the clergy reserves in the Crown barely escaped defeat (as just mentioned) in the House of Assembly, on 11th May, 1839. On the 14th Sir George Arthur sent the bill to Lord Normanby (successor to Lord Glenelg) for Her Majesty's assent, with an elaborate despatch. On the 15th, Dr. Ryerson also addressed to Lord Normanby a long letter on the same subject. In it he called the attention of the Colonial Secretary to the following facts, which he discussed at length in his letter:—