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The First Step Towards Secularization. 211

the greatesc pain. He could not expect any sympathy from members on the other side of the House, from whom he differed on many subjects, and who knew nothing beforehand of the step he was then taking. His intended course was well k «wn to his friends on his own side of the House, however; the matter had been discussed in private, and he had made no secret of his views. He would put the question on the broadest possible ground: on that debate depended the continuance in office of the Administration, He had had no communication with the Ministry, but he felt that he was bound by his duty to his country not to do anything to endanger their tenure of office. He wanted peace, and was averse to scenes of violence ; and he felt that the natural effect of the course of the gallant Knight was anarchy and confusion. There was already a great relaxation of social bonds in the country ; the standard of political morals was already too low, and the first duty of the Legislature was to raise it. He (Colonel Gugy) had all his life acted with the minority, and he expected still to continue to do so; but he was prepared to bow to the decision of the majority. Every one knew that he was not pleased with the events which had precede.l those scenes of violence which the gallant Knight had alluded to with questionable taste ; he was grieved by them, but he bowed to the popular sentiment, He might be willing to see the dismissal of the Ministry, but he could see no chance of such a result from the course of the honourable member, If, by a coalition between members who were monarchically inclined and those who were prepared to connect the Province with the neighbouring republic, they could turn out that Ministry, what would they substitute for them? Could they form an Administration to take their places which would last an hour ? Could they sit a che same board and not eat each other up? Perhaps the honourable member hoped that he would eat up the other members as Aaron’s rod swallowed all the rest, If they could bring about such a result, ought they to do so? He (Colonel Gagy) thought

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212 The Last Forty Years.

that it was their duty to abstain from all attacks on the Administration in regard to their treatment of the annexation question. One who had fought the battles of his country like the honourable and gallant Knight should have rather manifested a desire to support the constitution and those who upheld it.

In this speech of Colonel Gugy may be discerned the first public indication of the movement which resulted, several years later, in the reorganization of the Tory party, and in the formation of the party which has ever since been known as Liberal-Conservative.*

The project of increasing the representation was again introduced by Mr. Lafontaine, but was unsuccessful for the same reason as during the session of 1849; viz., the impossibility of obtaining a two-thirds vote in its favour. It was now defeated by à majority of five; the vote upon it standing 51 to 21, and the two-thirds majority requiring a vote in its favour of at least 56. The reference which had been made in the opening Speech to the establishment of free-trade between the various British North American colonies was acted upon by the passing of a measure authorizing the Governor in Council from time to time to declare that any article grown, produced or manufactured in Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland, might be adimitted into the Province free of duty.

A characteristic feature of the debates was the frequent expression of a desire for retrenchment in the public service. The agitation on this subject had originated with the Clear Grits, but, being a popular political cry, it was taken up with more or less avidity by all the opponents of the Government, and even, in a quiet way, by some of their supporters. In spite of all opposition, however, the Govern-

* The Colonel himself probably had no idea of any such result at that time, nor had he any direct influence in bringing it about ; but his speech seems to have stimulated some Tory politicians to greater activity and independence of thought; and it is certain that his remarks were quoted at party caucuses more than three years afterwards, when arrangements for reorganization were on foot,

The First Step Towards Secularization. 213

ment carried all their cherished measures by considerable majorities, and got through with a good deal of practical legislation.

Among the most important of the questions which engrossed the attention of Parliament during the session was that of the Clergy Reserves. On the 18th of June, Mr. Price, Commissioner of Crown Lands, introduced a series of resolutions, with the object of procuring the repeal of the Imperial Act of 1840, and of enabling the Canadian Legislature to dispose of the reserved lands, subject to the condition of securing to the existing holders for their lives the stipends to which they were entitled. These resolutions were not introduced officially, but on the sole responsibility of Mr. Price himself. The Ministry were not unanimous in their views on the question, and hence it had been found impossible to introduce a ministerial measure. The French Canadian members were much averse to committing themselves on the Clergy Reserves and Rectory

questions. Mr. Lafontaine, after careful consideration, was unwilling

to be instrumental in diverting the Reserves to secuiar purposes, Colonel Taché and Mr. Viger were of a similar mind. Many Upper Canadian members who were not in the confidence of Ministers were disposed to be exceedingly suspicious of the ministerial tactics on this question. The Clear Grits repeatedly endeavoured to induce the Government to commit themselves to some specific line of action, but in vain, Ministers were taunted, through the press, and on the floor of the House, with a desire to shirk this great question of religious liberty and equality. During the discussion on the resolutions a dispute arose as to the best method of procedure. The general voice of the Assembly was in favour of procuring the repeal of the Imperial Act, as contemplated by the resolutions, before attempting to deal with the Reserves. The Clear Grits and a few other malcontents advocated the immediate passing, by the Provincial Legislature, of a Bill dealing with the question, which Bill could afterwards be sent home to receive the royal assent, Such

a proceeding, it was argued, would be à very clear indication of the wishes of the Canadian people, and the Imperial authorities, who had testified their approval of the doctrines of Responsible Government as applied to the colonies, would then not hesitate to repeal the Act of 1840.

The ‘’‘*rences of opinion between Ministers came out very clearly inthec f the discussion. Mr. Baldwin combated the idea that vested rig..s could justly be set aside by the mere will of a majority. That, he said, was a false principle, whether in politics or in morals. There must be such a thing as right and justice, whether opposed to the will of a majority or not. Nor did he admit that the Cleræy Reserve lands were the property of the people in the sense in which they were sometimes said to be. They had been set apart for a particular purpose, and there must be something more than the mere will of a majority to justify the interference of Parliament, Otherwise, he added, no man's property would be safe, The agitation on this question had been got up partly by persons having conscientious scruples against all religious endowments. For his part, he had no such scruples. He did not think endowments for religious purposes at all objectionable, but he did object to the union of the Church with the State. Up to the passing of the Act of 1840 he had been of opinion that the revenues should be devoted to education; but he felt that that Act had altered the position of affairs, and he did not feel so decided as to the mode in which the property should be disposed of. He was not prepared to go into the question; but he did not regad the Imperial Act as a final settlement, because it did not express the opinion of the Canadian people.

Mr. Lafontaine said that he was not one of those who considered an Act of Parliament as à final settlement, but there was a great difference between considering a thing not final, and repealing every Act which embodied the rights of private individuals. In

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his opinion the granting of the Reserves had been a very injudicious exercise of power, but it had been effected by those who undoubtedly ad the power, and if any individual rights had been obtained under that Act they should not be disturbed. He considered that the endowments should be held inviolate, and, as far as possible, carried into effect. The honourable gentleman showed on how different a foundation the religious endowments of Lower Canada rested, nine-tenths of which had been donations from private individuals, and not from the Crown.

Mr. Drummond took a stand directly opposed to that of Mr. Lafontaine, In the case of the Clergy Reserve lands, he said, there was no donee, and he regarded the endowment as incomplete. He denied that any vested right had arisen under the endowments. But even if there were’ such rights, was it not the first duty of Parliament to preserve the peace of society ? Did there not arise in all communities occasions in which the interests of society required that vested rights should be disturbed? Who would say that France was in the wrong when she manumitted all the serfs in the country in a single night? Yet that was an interference with a vested right. Was it wrong in England to free the blacks in the West Indies ? Was it wrong in the British Parliament to take from the bishops in Ireland a small portion of their large income ? Was it wrong in Lord Morpeth to propose to take an annual sum from the Irish Church and devote it to educational purposes, when in many of the benefices there were but few persons professing the religion of the Church of England, and in others none? In the debates in the English Parliament on that proposal he did not find that any one had objected to it on the ground that it interfered with a vested right,

Mr. Hincks admitted the existence of wide differences of opinion in the Cabinet on the Clergy Reserves question, but he declared that it was an utter misrepresentation to charge members with

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216 The Last Forty Years.

endeavouring to evade dealing with it. The Ministry were charged with being renesades and traitors because they did not choose to adopt the absurd and unconstitutional measure suggested by honourable members who were willing to treat the question only by the introduction of a Bill. Those parties were striving to delude the Reform party when they declared that theirs was the only proper mode by which to bring about a satisfactory settlement. The constitutional right of the Canadian Legislature to pass a Bill dealing with the question gave rise to much subtlety of argument both in and out of Parliament. The Assembly solved the problem by passing Mr. Price’s resolutions, and in due course an Address, founded upon them, was passed by a majority of forty-six to twenty-three, and sent over to England by Lord Elgin. His Excellency, in the despatch which accompanied the Address, expressed his regret at the revival of the agitation on the Clergy Reserves question. This sentiment was reëchoed in the reply of the Colonial Secretary, who, however, admitted that the question | was one ‘so exclusively affecting the people of Canada that its Ü decision ought not to be withdrawn from the Provincial Legis- à lature”* It was, however, too late for the Imperial Government to give effect to the Address during the current year. They concluded to introduce the necessary legislation during the session of 1851. Why they failed to carry out this intention will hereaîter appear. The Canadian Levgislature, by passing the Address, were for the time estopped from proceeding any farther with the matter. The question of the abolition of the Seigniorial Tenure came up for discussion in both Houses during the session, and prolonged but fruitless debates upon it took place. No definite plan of commutation having been formed, the matter was left over to be dealt with in the future. The Provincial Parliament having, as already intimated, been invested with the control of the internal post office, «

* See Earl Grey's despatch of January 27th, 1851,

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The First Step Towards Secularization. 217

Postal Bill was passed, making provision for the appointment of a Provincial Postmaster-General, and establishing cheap and uniform rates of postage. An amended Election Law, a Road Act, and a Banking Act were also placed on the statute-book. Among the other chief measures of the session were numerous Acts relating specially to Upper Canada. One of these was an Act extending the jurisdiction of Division Courts to £25, and establishing an improved system of procedure, together with an equitable scale of fees, Another extended the jurisdiction of County Courts. Another provided for the better administration of justice in the Court of Chancery. Still another provided for the better establishment and maintenance of Common Schools, and made provision for the establishment of separate schools for the children of Roman Catholics. An elaborate Jury law, an amended Municipal law, a law establishing a more equal system of assessment, and an extended Joint Stock Companies Act may also be enumerated among the practical measures relating to the western section of the Province.

Parliament was prorogued by his Excellency on the 10th of August, Some idea of the amount of business transacted during the session may be derived from the following facts. No fewer than 247 Bills were introduced into the two Houses—228 in the Assembly, and nineteen in the Upper House. Ninety-nine Bills were lost or dropped in the Assembly, and three in the Council; and 145 received the royal assent. Not one Bill passed during the session was vetoed or reserved by the Governor—“ a fact,” remarked the chief ministerial organ, “unprecedented, we believe, in our political history, and showing the practical existence of Responsible Government.” * In addition to the strictly legislative business, 739 petitions were presented to the Assembly, and eighty-four select committees were appointed, of which thirteen made no report, and the

oo

* Globe, Tuesday, August 13th, 1850,

218 The Last Forty Years.

remaining seventy-one made 106 reports. So that the Government were able to show definite results for the three months’ labours of the session.

Immediately after the prorogation Lord Elgin started on a tour to the western confines of the Province, and extending thence to the mining regions of the upper lakes. His reception, wherever he went, was of the most cordial nature, and his aptly eloquent responses to the numberless addresses which poured in upon him tended to increase his already wide popularity. Soon after his return to the seat of Government he received a visit from Sir Edmund Head, who had examined him for a Merton Fellowship at Oxford seventeen years before, and was destined to succeed him as Governor- General of Canada.

The close of the year 1850 was marked by the advent of a more prosperous condition of things than had been known in Canada since the Union. The commercial depression of the preceding two or three years had given way to a large measure of prosperity, which seemed all the greater by force of contrast. An early, genial spring had been followed by a delightful summer. The harvest had been unusually large in all parts of the Province, and had been garnered with scarcely any drawbacks from bad weather. Prices were good, and money was plentiful. It was noticeable that there was an increased demand for the comforts, and even for the luxuries of life, combined with the ability to procure and pay for them. Merchants remarked that their accounts were paid with unusual promptitude. The entire community seemed to be imbued with a feeling of confidence in the future. There was a considerable immigration during the year of a class of persons whose settlement in the country was certain to be beneficial. The repeal of the strict navigation laws produced its legitimate effect, and an unprecedented number of foreign vessels entered Canadian ports during the season. Trade had widely extended its area, and business

The First Step Towards Secularization. 219

throughout the land was brisk. Enterprises which had been abandoned or deferred, in some instances from want of capital, and in others from want of confidence in the future, were now taken up with healthful energy. The canals did a flourishing business, and several railways were in course of construction. The Custom House returns furnished unmistakable indications of the improvement in trade. The net receipts for the year showed the remarkable increase of fifty per cent. The revenue derived from Public Works showed a corresponding increase. The manifold excitements of the preceding year had quieted down, and the annexation project was dead and buried. In October the first Provincial exhibition of agricultural and industrial products was held at Montreal, and though it was an insignificant affair as compared with the displays of more recent times, it tended to stimulate the agricultural and manufacturing community to renewed efforts, and was regarded as a decided success. Arrangements were made for the suitable representation of Canadian products at the World’s Fair, to be held in Hyde Park, London, England, in the following year. It may here be added that these arrangements were successfully carried out, and that our country figured with credit at the Great Exhibition of 1851, several prizes and medals having been awarded to Canadian exhibitors. But while the commercial outlook was thus encouraging, there were evidences of much restlessness in the domestic politics. The acts of the Government were keenly scrutinized, alike by friend and foe. Certain appointments of Tories to offices of emolument were regarded by ministerial supporters with disfavour. Soon after the close of the session some of the ministerial organs in both sections of the Province began to assume a decidedly independent attitude towards the Government. The Globe, which had all along fought the ministerial battles with great firmness and vigour, and which had denounced the Clear Grits for their endeavours to break up the Reform party, began to take a critical stand. There was a

220 The Last Forty Years.

ii manifest disposition to compel the Ministry to formulate a distinct k policy—more especially on the subject of the Clergy Reserves—and

to communicate it to the country.* As yet, however, there was no open rupture between the Globe and the Government, and the year passed away in tranquillity. During the latter days of December ; Mr. Merritt resigned his place as Commissioner of Public Works. Ë | His resignation was due, not to any quarrel with his colleagues, but to his peculiar views respecting the financial policy—a policy . which his colleagues regarded as wholly impracticable, and which they were consequently not disposed to adopt. He remained on 14: the most friendly terms with the members of the Ministry, and Ë + 1} continued to discharge the duties of his office for some weeks ER after his formal resignation. And so the curtain fell upon the not unattractive performance of 1850.

* The party in power has no policy before the country. No one knows what measures

3 are to be brought forward by the leaders, Each man fancies a policy for himself, The

à conductors of the public press must take ground on all the questions of the day, and each

£ accordingly strikes out such a line as suits his own leanings, the palate of his readers, or

€ what he deems for the good of the country. All sorts of vague schemes are thus flung on

d: the sea of public opinion to agitate the waters, with the triple result of poisoning the

Ë publie mind, producing unnecessary divisions, and committing sections of the party

to views and principles which they might never have enunciated under a better

: system. The want of a clear decided policy has on several occasions placed the Min- à he { istry apparently in positions which they never held. Inallthe fuss which has been created à about retrenchment, we sincerely believe the parties most desirous to retrench were the Ministry, and yet they have appeared to be opposed to it. The cry has been all vague generality—not a hint has been given as to details by the clamourers : and instead of lying

off, as they have done, and pointing out the absurdities of their opponents, had Ministers Y

$ come out at once, saying what they could do, and what they could not, and why not, they would have stopped the clamour which has been, we believe, falsely raised against them on this acore.”— Globe, Tuesday, October 15th, 1850, Wan à 1h

CHArTER XXXI.