[87] It was in the discussion on this Bill that the long personal friendship which had existed between Fox and Burke was brought to an abrupt termination.--H.
[88] In 1830, Presbyterian ministers not of the Church of Scotland, were, on petition to that effect (signed by Rev. W. Smart, Moderator, and Rev. W. Bell, Presbytery Clerk), placed on the same footing as the ministers of the Kirk.--H.
[89] This was abundantly proved afterwards. In the following Parliament an amended bill was carried, by a majority of one vote, in the House of Assembly to place the proceeds of the reserves at the disposal of the British Parliament. Petitions were at once sent to the Queen to induce her to assent to this bill, and the Bishop went to England to present them. Sir George Arthur also lent his aid for the same object. The scheme failed, however, on technical grounds, but was successfully revived the next year. (See _Guardian_ 1st January, 1840, and page 249.)--H.
CHAPTER XXIX.
1838.
The Clergy Reserve Controversy Renewed.
The question at issue, when the House of Assembly was elected in 1836 for the parliamentary term ending in 1839, was adroitly narrowed by Sir F. B. Head to the simple one of loyalty to the Crown, or--as Dr.
Ryerson, in a letter to Hon. W. H. Draper (September, 1838), expressed it--"Whether or not ... this Province would remain an integral part of the British Empire." Lord Durham pointed out that Sir F. B. Head led the people to believe "that they were called upon to decide the question of separation [from Great Britain] by their votes."
Under such circumstances the clergy reserve question was subordinated to those of graver moment. Besides, even if pledges had been given by members before the election on the subject, they were not felt, as the event proved, to be very sacred. Speaking of this Parliament, Dr.
Ryerson, in his letter to Mr. Draper, (already mentioned), said:--
The present Assembly at its first session adopted a resolution in favour of appropriating the reserves for "the religious and moral instruction of the Province." But its proceedings during the second session were so vacillating that it is now difficult to say what the opinions of the members are.
One explanation of this state of feeling was, that the political views of a majority of the members were in harmony with those of the ruling party in the country, and yet were at variance with the views of their constituents on the clergy reserve question. Advantage was taken of the existence of this political sympathy by the leaders of the dominant party, with a view to secure the removal of the clergy reserve question from the hostile arena of the Upper Canada Legislature to the friendly atmosphere of the English House of Commons, and the still more friendly tribunal of the House of Lords--where the bench of bishops would be sure to defend the claims of the Church to this royal patrimony.[90]
Accordingly, at the third session of this Parliament, Mr. Cartwright, of Kingston, introduced a bill "to revest the Clergy Reserves in Her Majesty"--the first reading of which was carried by a vote of 24 to 5, and passed through Committee of the whole by a vote of 29 to 12. As soon as Dr. Ryerson, then in Kingston, got a copy of this bill he wrote the following letter, on the 13th January, 1838, to the _Guardian_:--
The professed object of this bill is described by its title, but the real object, and the necessary effect of it, from the very nature of its provisions, is to apply the reserves to those exclusive and partial purposes against which the great majority of the inhabitants of this province, both by petition and through their representatives, have protested in every variety of language during the last twelve years--and that without any variation or the shadow of change. The bill even proposes to transfer future legislation on this subject from the Provincial to the Imperial Parliament! The authors of this bill are, it seems, afraid to trust the inhabitants of Upper Canada to legislate on a subject in which they themselves are solely concerned; nay, they will environ themselves and the interests they wish to promote behind the Imperial Parliament! The measure itself, containing the provisions it does, is a shameful deception upon the Canadian public--is a wanton betrayal of Canadian rights--is a disgraceful sacrifice of Canadian, to selfish party interests--is a covert assassination of a vital principle of Canadian constitutional and free government--is a base political and religious fraud which ought to excite the deep concern and rouse the indignant and vigorous exertion of every friend of justice, and freedom, and good government in the country.
My language may be strong; but strong as it is, it halts far behind the emotions of my mind. Such a measure, I boldly affirm, is not what the people of Upper Canada expected from the members of the present Assembly when they elected them as their representatives; it is not such a measure as, I have reason to believe, a majority of the present members of the Assembly gave their constituents to understand they would vote for when they solicited their suffrages. Honourable gentlemen, if I can be heard by them, ought to remember that they have a character to sustain, more important than the attainment of a particular object; they ought to remember that they act in a delegated capacity; and if they cannot clear their consciences and maintain the views and interests of their constituents, they ought, as many an honest English gentleman has done, to resign their seats in the legislature; they ought to remember to whom and under what expectations they owe their present elevation; above all, they ought to remember what the equal and impartial interests of their whole constituency require at their hands.
If, however, every pledge or honourable understanding should be violated; if every reasonable hope should be disappointed; and if the loyal and deserving inhabitants of Upper Canada should be deceived, and disappointed, and wronged by the passage of this bill into a law, petitions ought to be circulated in every part of the province to Her Majesty the Queen to withhold the royal assent from the bill; and I hereby pledge 50 (if I have to sell my library to obtain the amount) for the promotion of that object. Such an act, under the present circumstances of the country, would be worse than a former alien bill, and ought to be deprecated, resisted, and execrated by every enlightened friend of the peace, happiness, and prosperity of the Province.
In reply to a letter from Rev. Joseph Stinson, urging him to come to Toronto and oppose this bill, Dr. Ryerson said:--
For me to leave Kingston, under present circumstances, and go to Toronto would ruin my ministerial influence and usefulness here and blast all our present hopes of prosperity. You know that by my continued and repeated absence, I have already lost fifty per cent.
in the confiding hopes of the people, and consequently in very power of doing them good. You know, likewise, that the financial interests of the Society have so lamentably declined that we are already largely in arrears. I cannot, therefore, leave, unless I am positively required to do so by the Book Committee.
A more serious aspect of the matter, however, was presented to Dr.
Ryerson in the extraordinary silence of the Conference organ on the subject. In the same letter he said:--
I cannot but feel deeply grieved at not only the tameness but the profound silence of the _Guardian_ on this bill. Silence on such a measure, and at such a time, and after the course we have pursued hitherto, is acquiescence in it to all intents and purposes, and may be fairly and legitimately construed so by both friends and enemies. Oh, is it so? Can it be so, that the Editor of the _Guardian_ has got so completely into the leading strings of that churchism which is as poisonous in its feelings towards us, and its plans respecting us, as the simoon blast; that he will see measures going forward, which he must know are calculated, nay, intended, to trample us in the dust, and not even say one word, except in praise (as often as possible), of the very men who he sees from day to day plotting our overthrow!
I have also observed, in Dr. Strachan's letters to Hon. Wm. Morris, an attack upon Lord Glenelg, the Colonial Secretary--such a one as would enable us to turn to our account on the clergy reserve question (and against Dr. Strachan's exclusive system) the entire influence of Her Majesty's Government, which would have great weight both in and out of the House of Assembly. How I have heard Dr. Bunting, Mr. Beecham, and other members of the Committee at home, say that Lord Glenelg is one of the best and ablest men of the present day. At all events, after what we have obtained through his Lordship's instrumentality, I think that silence on our part is disgraceful--apart from considerations of local interests in this battle for right and justice.
Two able and moderate advocates of the settlement of the clergy reserve question were sent to England in 1837 to confer with Lord Glenelg on the subject, viz.: Hon. William Morris on behalf of the Church of Scotland, and Hon. W. H. Draper on behalf of the Church of England. In November of that year Dr. Ryerson was requested to draw up a paper embodying the opinions of the leading members of the Conference. This was done, and an elaborate paper on the subject was published in the _Guardian_ of January 17th, 1838.[91] Shortly afterwards Dr. Ryerson addressed a letter to Lord Glenelg on the subject. I only insert the narrative part of it, as follows:--
I was favoured with a conversation on the clergy reserve question with Mr. [Sir James] Stephen, in accordance with your Lordship's suggestion, the day before I left London for Canada (27th April, 1837). After my arrival in this Province it was unanimously agreed to support the plan for the adjustment of that important and long agitated question, which had been mentioned by Mr. Stephen, in the interview referred to.
Sir F. B. Head set his face against it from the beginning, and did not wish me to say anything about it publicly. The Attorney-General acknowledged it was equitable, and did not make any serious objection to it.[92]
Recently a meeting of our principal ministers took place in Toronto, in order to consult upon the measures which it was desirable to adopt in order to promote the settlement of the question at the next session of Parliament. At the request of the meeting, another gentleman and myself waited upon the Hon. Mr.
Draper (who had taken the most official part in previous sessions), and showed him the resolutions agreed to. We stated that if it would embarrass him in promoting the earliest settlement of the question, we would desist from publishing anything on the subject.
He expressed himself as highly gratified at our frankness, courtesy, and general views, and said that if his high-church friends had treated him with the same liberality and courtesy he would have been saved from much difficulty and embarrassment, which he had experienced in his previous exertions; but that he thought there could be no objection to our publishing at large our views on the subject. The preparation of the document was assigned to me.
When published, it appeared to meet the views of all parties, except the ultra shade of one party, who want the whole of the reserves; and it is now the most popular plan throughout the Province of settling the question, except that of appropriating the reserves to educational purposes exclusively.
A day or two before the publication of this document, the House of Assembly went into Committee on a Bill to revest the reserves in the Imperial Parliament! Going to Toronto at this time, I did what I could to bring the subject again before the House, and accordingly addressed a letter through the press to Speaker MacNab, of the Assembly, on the importance of an immediate settlement of the question, and also urging the adoption of the plan which had been recently proposed.[93] These papers appeared to create a considerable sensation among the members of the Assembly; it was agreed on all sides that the question ought to be settled forthwith. But the reluctance of the Crown Officers to take up the subject soon became manifest; and it was not for some weeks after, that the subject could be forced upon them.[94] Then all (with very few exceptions) professed that the subject ought not to be postponed any longer. But the Crown Officers had no measure prepared, and differed in opinion on the subject--the Attorney-General consenting to the revesting of the reserves in the Crown, the Solicitor-General contending that they should be divided among four denominations (Episcopalians, Presbyterians, Methodists, and Roman Catholics, according to their relative numbers in Great Britain and Ireland!) This proposition had but three or four advocates in the House, including the author of it. Mr. Boulton, seconded by Mr. Cartwright, moved, in substance, that the clergy reserve provision was made for the clergy of the Church of England;--that it does not provide for more than a competent support for them;--that to appropriate it for them would give most satisfaction to the country. This resolution had five votes in favour of it. All these amendments, and several others, having been lost in Committee, the original resolution moved by Mr. Cartwright, to revest the clergy reserves in Her Majesty, for "the support of the Christian religion in this Province," was adopted by a majority of three or four. A bill was then brought in and read a first time, and ordered to a second reading next day, but was never afterwards taken up--the exclusive church party being anxious to keep it out of sight. Thus the question is laid over for another year, to the great disappointment and dissatisfaction of thousands who have promptly come forward to the support of the Government of the country.
As an indication of the determination of the party then in power in Upper Canada to carry their scheme for the re-investment of the Reserves in the Crown, before the close of this friendly Parliament, I quote the following extract from a despatch from Sir George Arthur to Lord Glenelg, dated 11th July, 1838:--
At the first meeting of the Legislature, I propose to cause a bill to be introduced for re-investing the lands reserved for the clergy in the Crown, to be applied for religious purposes, and I have reason to think that it will be carried by a considerable majority.
In June, 1838, Dr. Ryerson became Editor of the _Christian Guardian_. It was, as I have shown, at a most critical period in our provincial history. He was called to that post by the unanimous voice of his brethren. That call, too, was emphasized by the fact that the object of the dominant party in decrying the loyalty of their opponents was now clearly seen; and that, therefore, none but a man of undaunted courage, unimpeachable loyalty, as well as unquestioned ability, could successfully cope with the powerful combination of talent and influence which the ruling party possessed.
Nor should it be forgotten, that in the unfortunate crisis through which the Province had just passed, the prestige of the party which had always claimed the whole of the reserves as the patrimony of the Church of England, had, from political causes, immensely increased. This gave them a double advantage; while, on the other hand, the prestige of the party which for years had firmly and consistently resisted these claims, had, for the same political reasons, as sensibly and as seriously declined.
These facts were well known to every one in Upper Canada at the time.
They imposed a double burthen upon those who had the courage (or, it might be said, audacity) to question the righteousness of claims, which--not to speak of the invaluable services and inviolable loyalty of the claimants themselves in the crisis of the rebellion--were by words of the statute, as interpreted by the law officers of the Crown, so clearly given to those claimants.
Such was the position of parties, and the condition of affairs in Upper Canada, when Dr. Ryerson was called to the editorial chair of the leading newspaper in the Province. That he was possessed of the requisite ability and firmness to maintain the rights of a discouraged minority, and resist the then almost unquestioned will of a powerful majority, few doubted. The bold defence of the supposed exiled rebel, Bidwell, proved that neither courage nor talent was wanting. The bitter hatred of the revolutionary party, as expressed in the threat that, should they succeed, their first victim would be Egerton Ryerson, showed that in the new crusade he would have no help (if not covert opposition) from that extreme section of his former friends. Nor, as events proved, could he reckon on any support from the British missionary section of the Methodist community. Indeed, they were hostile to his views, as will be seen in a subsequent chapter.
In entering into this contest, therefore, Dr. Ryerson found that he would have to encounter a threefold enemy--each section of it able, resolute and influential, especially that one practically in possession of the reserves--fighting, as it was, for its very existence, and acting entirely on the defensive.
Soon after Dr. Ryerson entered on his editorial duties he published in the _Guardian_ an elaborate series of letters on "The Clergy Reserve Question, as a matter of History, a Question of Law, and a Subject of Legislation," addressed to Hon. W. H. Draper, Solicitor-General. After reviewing the proceedings of the Government and Legislature on the subject down to the end of the session of 1838, he summed up the leading facts which he had established, in the following words:--
I have stated that the Government has been administered for fourteen years in utter contempt of the wishes of the inhabitants, constitutionally, continuously, and almost unanimously expressed through their representatives and otherwise, on a subject which concerns their highest and best interests, and which, as the history of Great Britain amply shows, has always more deeply interested British subjects than any other. Sir, on the unspeakably important subjects of religion and education our constitutional right of legislation has, by the arbitrary exercise and influence of Executive power, been made a mockery, and our constitutional liberties a deception; and it is to the influence over the public mind of the high religious feelings and principles of those classes of the population who have been so shamefully calumniated by the Episcopal clergy and their party scribes, that the inhabitants of Upper Canada are not doing in 1838, what Englishmen did do in 1688, when their feelings were outraged and their constitutional liberties infringed, and the privileges of Parliament trampled upon, in order to force upon the nation a system of religious domination which the great majority of the people did not desire.
As the session of the Legislature of 1839 approached, a vigorous effort was made by _The Church_ newspaper (the clerical organ), and the _Patriot_ (the lay organ) of the church party to influence public opinion in favour of a re-investment of the clergy reserves in the Crown (for the reasons given on page 225.)
It was well known that Dr. Ryerson had strenuously opposed any reference of the questions to the British Parliament as a pusillanimous, and yet an interested, party abnegation of Canadian rights. He, therefore, prepared and circulated extensively a petition to the House of Assembly on this and kindred subjects. This proceeding called forth a counter petition, urging the Legislature to recognize the principle of an established church, etc. Dr. Ryerson, therefore, lost no time in inserting in the _Guardian_ of 24th October, a stirring appeal, in which he urged the Methodist ministers and members throughout the country to sign the petition which he had prepared without delay. He insisted upon the abolition of the rectories surreptitiously established by Sir John Colborne, on the ground that, although authorized by the Act of 1791, yet that their establishment was not in harmony with the terms of the despatch of Lord Ripon, dated November 8th, 1832, which stated that--
His Majesty has studiously abstained from the exercise of his undoubted prerogative of founding and endowing literary or religious corporations, until he should obtain the advice of the representatives of the people in that respect.
He concluded the appeal with these words:--It becomes every man who properly appreciates his civil and religious rights and privileges, and those of posterity after him, to give his name, his influence, and exertions, in the final effort to place those rights and privileges upon the broad foundation of equal justice to all classes of the inhabitants.
In a subsequent appeal, issued in November, he said:--Let every man who has a head to think, a foot to walk, and a hand to write, do all in his power to circulate the petitions for the entire abolition of high church domination, and the perfect religious and political equality of all denominations of Christians.... The majority of the people of England are willing to have glebes, rectories, tithes, church rates, etc.; but the majority of the people of this Province want nothing of the kind....
The right of the inhabitants of this Province to judge, and to have their wishes granted on everything connected with the disposition of the clergy reserves, and the proceeds of them, has been formally recognized in gracious despatches from the Throne.
Few in the present day can realize the storm which these petitions and appeals provoked. Every effort was made (as will be seen) to silence the voice and stay the hand of Dr. Ryerson, the chief promoter of the petitions, and the able opponent of the establishment of church ascendancy in Upper Canada. Thus matters reached a crisis in the latter part of the year 1838. So intense was the feeling evoked by the ruling party against Dr. Ryerson's proceeding, that in many places the promoters of the petitions were threatened with personal violence, and even with death, as may be seen by letters published in the _Guardian_ at this time. The publication of these letters at the present time would excite feelings of amazement that such a state of things was ever possible in a free country like Canada.
Not only was this policy of intimidation pursued in the rural parts of the country, but the newspapers in Toronto and the larger towns, controlled by his opponents, made a combined assault upon Dr. Ryerson, as the central figure in this movement. On the 19th December, 1838, he inserted an able defence of himself. He said:--
The question of the Clergy Reserves, or in other words, of a dominant ecclesiastical establishment in this Province, embracing one or more Churches, has been a topic of public discussion for nearly twenty years. For thirty years after the creation of Upper Canada (in 1783) there was no ecclesiastical establishment in the country, except in the letter of an Act of Parliament. During that time there was no weakening of the hands of Government by discussing the question of a dominant church.... But from the time that the Episcopal clergy commenced the enterprise of ecclesiastical supremacy in the Province, there has been civil and religious discord. The calumnious and persecuting measures they have pursued from time to time to accomplish their purpose, I need not enumerate. For twelve years I have sought to restore peace to the Province, by putting down their pretensions. I have varied in the means I have employed, but never in the end I have had in view, as I have always avowed to them and their partizans, and to the Colonial and Imperial Governments, on every suitable occasion.
It was a favourite weapon of attack to denounce as rebels and republicans all those who opposed the exclusive claims of the then representatives of the Church of England. And this stigma was, in 1838, a personal and social one which every person to whom it was applied resented. But the more such persons resented the charge of disloyalty the more was the charge reiterated, and they were harassed and denounced as "radicals" and "republicans."
In repelling this unfounded charge, Dr. Ryerson did not descend to vindication or explanation. He became in turn the assailant, and began to "carry the war into Africa." With scorn and invective he replied to the charge, and showed that his opponents, with all their boasting and professions of loyalty, had failed to render the necessary aid in time of need. Thus: It has been said that I prevented the militia from turning out when first called upon.... It is true that I did not exhort any one to volunteer.... One reason ... was that I desired to have the country furnished with a practical illustration of high-church patriotism and loyalty in the hour of need. The _Church_ and the _Patriot_ had boasted of their multitudes; but those multitudes shrivelled into a Falstaff's company in an hour which detected the difference between the loyalty of the lip and the heart.... The elongated countenances in certain quarters for a few days [in December, 1837], will never be forgotten! From the Government House to the poorest cottage the omnipotent power of the _Guardian_ was proclaimed as producing this alarming state of things! Indeed, I received a verbal message from His Excellency on the subject. At this juncture ... the heads of the Presbyterian and Methodist Churches formally addressed [their adherents] exhorting them to rally to the standard of their country, and from that hour we have heard nothing but congratulations and boasts in regard to the readiness ... with which the militia came forward in all parts of the Province at the call of the Government. It has been insinuated that I attacked the local Government.... The charge is unfounded. When the local Government was attacked for having pursued a different course from that of Lord Durham towards the political prisoners, I reconciled the course of the two administrations. Several numbers of the _Guardian_ containing that dissertation were requested for the Government House, and ... were sent to England.... But when both my position and myself stand virtually ... impugned by proclamation, I am neither the sycophant nor the renegade to crouch down under unmerited imputations, come from whence they may, even though I should suffer imprisonment and ruin for my temerity.
I am at length exhorted to silence, but not my opponents.... A royal answer was returned to an address of the Episcopal Clergy a few weeks since.[95] Nor is silence imposed upon me until the entire weight of the Chief Magistracy is thrown into the Episcopal scale. If the injunction had been given to _all_ parties ... then we might have felt ourselves in some degree equally protected.... But at the moment when the Province is turned into a camp--when freedom of opinion may be said to exist, but scarcely to live--when unprecedented power is wielded by the Executive, and the Habeas Corpus Act is suspended, for one party in the Province to have free range of denunciation, intimidation, etc., against Methodists and others ... and then for silence to be enjoined on me and those who agree with me ... does excite, I confess, my anxious concern, as the object of it in regard to myself and a large portion of the country cannot be mistaken.