It is difficult to conceive a more complete refutation than these facts furnish of the Bishop's statement, that the Church of England prevailed in Upper Canada, and had a commanding weight in the Legislature; nor could a stronger proof be required of "the general wish of the people of the colony to legislate upon the subject," than such a course of procedure on the part of their representatives for so many years during successive Parliaments, and amidst all the variations of party and party politics on all other questions.
It is also incorrect to say that the Bill of Lord Sydenham in 1840 "was carried by a majority of one vote only." A Bill did pass the Assembly of Upper Canada the year before, by "a majority of one vote only;" but that was a Bill to re-invest the reserves in the Imperial Parliament for "general religious purposes,"—a Bill passed a few hours before the close of the session, during which no less than forty-eight divisions, with the record of yeas and nays, took place in the Assembly on the question of the clergy reserves; and after the Assembly had passed, by considerable majorities, both resolutions and a Bill to give the Church of England one-fourth of the proceeds of the clergy reserves, and the other three-fourths to other religious denominations and to educational purposes—a Bill which, with some verbal amendments, also passed the Legislative Council, and against which the Bishop, joined by one other member, recorded an elaborate protest. But just at the heel of the session, and after several members of the Assembly voting in the majority had gone to their homes, a measure (which had been previously negatived again and again) was passed by a "majority of one vote only" (22 to 21), to re-invest the reserves—a measure which the law officers in England pronounced "unconstitutional," as the manner of getting it through the Canadian Legislature was unprecedented. [See page 249.]
But the measure of Lord Sydenham was carried in the Assembly by a majority of 4, and in the Legislative Council (of which the Bishop was a member and voted against the bill) by a majority of 8. A considerable majority of the members of the Church of England of both Houses of the Legislature voted for the bill, and were afterwards charged by the Bishop with "defection," and "treachery" for doing so. [See page 262.] On this point Lord Sydenham, in a despatch to Lord John Russell, dated Toronto, 5th February, 1840, stated as follows:—
It is notorious to every one here, that of twenty-two members being communicants of the Church of England who voted upon this Bill, only eight recorded their opinion in favour of the views expressed by the right reverend Prelate; whilst in the Legislative Council the majority was still greater; and amongst those who gave it their warmest support are to be found many gentlemen of the highest character for independence and for attachment to the Church, and whose views in general politics differ from those of Her Majesty's Government.
After this epitome of references to the proceedings of the people of Upper Canada, through their representatives, from 1825 to 1840, on what the Bishop terms the "rights" and "patrimony" of the Church of England, it is needless to make more than one or two remarks on his statements as to the influence of the union of the Canadas on the proceedings and votes of the Legislative Assembly upon the subject. My first remark is, that the question of the clergy reserves has not been introduced into the present Legislative Assembly by any member, or at the solicitation of any member, from Lower Canada. I remark, secondly, that though there is not a Roman Catholic among the forty-two members elected for Upper Canada; yet when a resolution was introduced into the Assembly, both at the last and during the present session, expressing a desire to maintain the present settlement of the clergy reserves, as provided in the Act, 3 & 4 Vic., chap. 78, only sixteen in the first instance, and thirteen in the second, voted for it—only about one-third of the members for Upper Canada. Should, therefore, the union of the Canadas be dissolved to-morrow, the Bishop would be in as hopeless a minority as he was before the union. The following remarks of a recent speech of Mr. Lafontaine (the leader of the Roman Catholic French members of the Assembly) will show how entirely groundless are the Bishop's imputations upon that portion of the Assembly.
He thought the clergy reserves should be fairly divided among the Protestant denominations, and that they should be altogether taken out of the hands of the Government, as the only way to take them out of the reach of agitation. He thought the rectories were vested rights, and should not be disturbed, unless by due process of law, if, as was pretended, they were improperly obtained. If there were any claims in the Act of 1791 which seemed to connect the Church of England to the State, though he did not think they did, they might be repealed, and the Bishop of Toronto seemed to be of opinion that that might be done. Let the appointment of the incumbents to the rectories, too, be taken from the Government, if it were thought proper, and given to the Church for other uses. He merely suggested that without wishing to impose it. He would conclude with one reflection: Let his Protestant fellow-countrymen remember they would never find opposition to their just rights from Roman Catholics and French Canadians. The latter had repeatedly passed Acts in Lower Canada to give equal rights to those who were called dissenters, and Jews, which were rejected by members of the Church of England in the Council, and it was worthy of remark that, at a moment when in England a pretended aggression had given occasion for persecution, the Church of England here had to rely upon Catholics to protect it against the aggression of other Protestant sects.
I shall now make a few observations on the Bishop's statements respecting government grants to the Church of Rome, and the endowments of that Church in Lower Canada. The Bishop, framing his statements with a view to the Protestant feeling of England, inveighs in general terms against the Government on account of its alleged patronage of the Church of Rome; makes exaggerated statements on one side, and omits all references to facts on the other side which would enable the Protestants of England, to whom he appeals, to understand the part which he has himself taken in favour of grants to the Church of Rome, the manner in which those grants are paid at the present time, and the alliance which he has long endeavoured, and would still wish to form with that Church in respect to endowments. The Bishop says:—
In Upper Canada, the Roman Catholic clergy do not, at present, exceed seventy in number, and the provision for their support is very slender. It depends chiefly on their customary dues, and the contributions of their respective flocks; unless, indeed, they receive assistance from the French portion of the Province, where the resources of the Romish Church are abundant.
Now, while the Bishop presents an overdrawn and startling picture of the emoluments of the Church of Rome in Lower Canada, he omits all statements of public grants and payments to the clergy of that church in Upper Canada. The Bishop must know, that in addition to their "customary dues, and the voluntary contributions of their flocks," the clergy of the Church of Rome receive £1,666 per annum, and that that sum is paid out of the clergy reserve fund under the provisions of the very Act, 3 & 4 Vic., chap. 78, for the perpetuation of which he contends. The first instructions to support the Roman Catholic clergy in Upper Canada out of public funds, were given by Earl Bathurst, in a despatch to Sir P. Maitland, dated 6th October, 1826, and which commenced in the following words:—
You will receive instructions from the Treasury for the payment, from funds to be derived from the Canada Company, of the sum of £750 per annum, for the salaries of the Presbyterian ministers, and a similar sum for the support of the Roman Catholic priests.