Chapter VI: Canada (1)

THE 'CLERGY RESERVES'--HISTORY OF THE QUESTION--MIXED MOTIVES OF THE MOVEMENT--FEELING IN THE PROVINCE--IN UPPER CANADA--IN LOWER CANADA--AMONG ROMAN CATHOLICS--IN THE CHURCH--SECULARIZATION--QUESTIONS OF EMIGRATION, LABOUR, LAND-TENURE, EDUCATION, NATIVE TRIBES--RELATIONS WITH THE UNITED STATES--MUTUAL COURTESIES--FAREWELL TO CANADA--AT HOME.

[Sidenote: The 'Clergy Reserves']

We have had frequent occasion to observe that the guiding principle of Lord Elgin's policy was to let the Colony have its own way in everything which was not contrary either to public morality or to some Imperial interest. It was in this spirit that he passed the Rebellion Losses Act; and in this spirit he watched the contest which raged for many years on the memorable question of the 'Clergy Reserves.'

[Sidenote: History of the question.]

By the Canada Act of 1791 one-seventh of the lands then ungranted had been set apart for the support of a 'Protestant Clergy.' At first these reserves were regarded as the exclusive property of the Church of England; but in 1820 an opinion was obtained from the Law Officers of the Crown in England, that the clergy of the Church of Scotland had a right to a share in them, but not Dissenting Ministers. In 1840 an Act was passed in which the claims of other denominations also were distinctly recognised. By it the Governor was empowered to sell the reserves; a part of the proceeds was to be applied in payment of the salaries of the existing clergy, to whom the faith of the Crown had been pledged; one-half of the remainder was to go to the Churches of England and Scotland, in proportion to their respective numbers, and the other half was to be at the disposal of the Governor- General for the benefit of the clergy of any Protestant denomination willing to receive public aid.

But the old inveterate jealousy of Anglican ascendency, aggravated, it is said, by the political conduct of Bishop Strachan, who had identified his Church with the obnoxious rule of the Family Compact, was not content with these concessions. Allying itself with the voluntary spirit, caught from the Scottish Free Church movement in 1843, it took the shape of a fanatical opposition to everything in the nature of a public provision for the support of religion; and the cry was raised for the 'Secularisation of the Clergy Reserves.' Eagerly taken up, as was natural, by the Ultra-radicals, or 'Clear-grits,' the cry was echoed by a considerable section of the old Tory party, from motives which it is less easy to analyse; and so violent was the feeling that it threatened to sweep away at one stroke all the endowments in question, without regard to vested interests, and without even waiting for the repeal of the Imperial Act by which these endowments were guaranteed. More loyal and moderate counsels however prevailed, owing chiefly to the support which they received from the Roman Catholics of Lower Canada, at one time so violently disaffected. In 1850 the Assembly voted an Address to the Queen, praying that the Act referred to might be repealed, and that the Local Legislature might be empowered 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 then entitled. To this Address a favourable answer was returned by Lord Grey; who, while avowing the preference of Her Majesty's Government for the existing arrangement, by which a certain portion of the public lands of Canada were applied to religious uses, admitted at the same time that the question of maintaining it was one so exclusively affecting the people of Canada, that its decision ought not to be withdrawn from the Provincial Legislature.

A Bill for granting to the Colony the desired powers was intended to be introduced into Parliament during the session of 1851, but owing to the pressure of other business it was deferred to the next year. It was to have been brought forward in a few days, when the break-up of Lord John Russell's Ministry caused it to be again postponed; and it was not till May 9, 1853, that the long looked-for Act received the Queen's assent.

No action could be taken in the matter by the Colonial Parliament for that year, as its session closed on June 14; and when it met again next year a ministerial crisis, followed by a dissolution and a change of Ministers, caused a postponement of all legislation. Finally, on October 17, 1854, a Bill for the 'Secularisation of the Clergy Reserves' was introduced into the Assembly. The more moderate and thoughtful men of every party are said to have been at heart opposed to it; but it was impossible for them to stand against the current of popular feeling. The Bill speedily became law; the Clergy Reserves were handed over to the various municipal corporations for secular uses; and though by this means 'a noble provision made for the sustentation of religion was frittered away so as to produce but few beneficial results,'[1] a question which had long been the occasion of much heart-burning was at least settled, and settled for ever. A slender provision for the future was saved out of the wreck by the commutation of the reserved life-interests of incumbents, which laid the foundation of a small permanent endowment; but, with this exception, the equality of destitution among all Protestant communities was complete.[2]

The various stages through which this question passed may be traced in the following letters, of which the first was written to Lord Grey on July 5, 1850:

Two addresses to the Queen were voted by the Assembly a few days ago
and brought up by the House to me for transmission. The one is an
address, very loyal in its tone, deprecating all revolutionary
changes.

[Sidenote: Address to the Queen.]

The other address is not so satisfactory. It prays Her Majesty to
obtain the repeal of the Imperial Act on the Clergy Reserves passed in
1840, and to hand them over to the Canadian Parliament to deal with
them as it may see fit--guaranteeing, however, the life interests of
incumbents. The resolutions on which this address was founded were
introduced by a member of the Government, which has treated the
question as an _open_ one.

You are sufficiently acquainted with Canadian history to be aware of
the fact, that these unfortunate Clergy Reserves have been a bone of
contention ever since they were set apart. I know how very
inconvenient it is to repeal the Imperial Act which was intended to be
a final settlement of the question; but I must candidly say I very
much doubt whether you will be able to preserve the Colony if you
retain it on the Statute Book. Even Lafontaine and others who
recognise certain vested rights of the Protestant churches under the
Constitutional Act, advocate the repeal of the Imperial Act of 1840:
partly because Lower Canada was not consulted at all when it was
passed; and, secondly, because the distribution made under that Act is
an unfair one, and inconsistent with the views of the Upper Canadian
Legislature, as expressed at the time but set aside in deference, as
it is alleged, to the remonstrances of the English bishops. Some among
the Anglo-Saxon Liberals, and some of the Orange Tories, I suspect,
share these views.

A considerable section is for appropriating the proceeds of the
reserves at once, and applying them to education, without any regard
to the rights either of individuals or of churches. These persons are
furious with the supporters of the address for proposing to preserve
the life interests of incumbents. The sentiments of the remainder are
pretty accurately conveyed by the terms of the address.

* * * * *

_To the Earl Grey._

Toronto, July 19, 1850.

[Sidenote: Reasons for agreeing.]

The 'Clear Grit' organs, which have absorbed a large portion of the
'Annexationists,' talk very big about what they will do if England
steps in to preserve the 'Clergy Reserves.' That party would be only
too glad to get up a quarrel with England on such a point. It is, of
course, impossible for you to do anything with the Imperial Act till
next session. A little delay may perhaps enable us to see our way more
clearly with respect to this most perplexing subject.

Lord Sydenham's despatch of January 22,1840, is a curious and
instructive one. It accompanies the Act on the 'Clergy Reserve'
question, which he induced the Parliament of Upper Canada to pass, but
which was not adopted at home; for the House of Lords concocted one
more favourable to the Established Churches. He clearly admits that
the Act is against the sense of the country, and that nothing but his
own great personal influence got it through, and yet he looks upon it
as a settlement of the question. I confess I see few of the conditions
of finality in measures which are passed under such circumstances.

* * * * *

_To the Earl Grey._

Toronto, March 18,1851.

I am far from thinking that the 'Clergy Reserves' will necessarily be
diverted from religious purposes if the Local Parliament has the
disposal of them. I should feel very confident that this would not be
the case, were it not that the tone adopted by the Church of England
here has almost always the effect of driving from her even those who
would be most disposed to cooperate with her if she would allow them.

* * * * *

_To the Earl Grey._

Toronto, June 14,1851.

On the whole the best chance for the Church interest as regards the
question, in my judgment, is that you should carry your empowering
bill through the Imperial Parliament this session, and that we should
get through our session and the general election, which is about to
follow, with as little excitement as possible. The province is
prosperous and the people contented; and at such a time, if no
disturbing cause arise, moderate and reasonable men are likely to be
returned. At the same time the 'Clergy Reserve' question is
sufficiently before the public to insure our getting from the returns
to Parliament a pretty fair indication of what are the real sentiments
of the people upon it. I need not say that there can be no security
for the permanence of any arrangement which is not in tolerable
conformity with those sentiments.

* * * * *

_To the Earl Grey._

July 12,1851.

[Sidenote: Movement not prompted by Roman Catholics.]

As to the insinuation that the movement against the endowments of the
Church of England is prompted by the Romans, events will give the lie
to it ere long. The following facts, however, seem to be wholly
irreconcilable with this hypothesis. Before the Union of the Provinces
there were very few, if any, Roman Catholic members in the Upper
Canada Parliament; they were all-powerful in the Lower. Now it is
recorded in history, that the Upper Canadian Legislative Assembly kept
up year after year a series of assaults on the 'Clergy Reserves;' in
proof of which read the narrative part of the Address to Her Majesty
on the 'Clergy Reserves' from the Legislative Assembly last year. And
it is equally a fact that the Lower Canadian Legislative Assembly
never meddled with them, except I think once, when they were invited
to do so by the Government.

Some months later, in the beginning of 1852, Lord John Russell's Administration was broken up, and Lord Grey handed over the seals of the Colonial Office to Sir John Pakington. One of the first subjects on which the new Secretary asked to be furnished with confidential information was as to the state of public feeling in Canada upon the question of the future disposal of the 'Clergy Reserves.' Lord Elgin replied as follows:

[Sidenote: Feeling in the Province;]

You require, if I rightly understand your letter, that I should state,
in the first place, whether I believe that the sentiments of the
community in reference to the subject-matter of this Address are
faithfully represented in the votes of the Assembly. I cannot answer
this question otherwise than affirmatively. Not that I am by any means
disposed to under-rate the importance of the petitions which may have
been sent home by opponents of the measure. The clergy of the Church
of England and of that portion of the Presbyterian Church which
preserves its connection with the Established Church of Scotland, are
generally unwilling that the question of the reserves should be left
to the decision of the Local Legislature. They are, to a considerable
extent, supported by their flocks when they approach the throne as
petitioners against the prayer of the Assembly's Address, although it
is no doubt an error to suppose that the lay members of these
communions are unanimous, or all alike zealous in the espousal of
these views. From this quarter the petitions which appear to have
reached Lord Grey and yourself have, I apprehend, almost exclusively
proceeded. Other bodies, even of those which participate in the
produce of the reserves, as for example the Wesleyans and the Roman
Catholics of Upper Canada, have not, that I am aware of, moved in the
matter, unless it be in an opposite direction.

[Sidenote: in Upper Canada;] [Sidenote: in Lower Canada;]

Can it then be inferred from such indications that public opinion in
the province does not support the cause taken by the Assembly in
reference to the 'Clergy Reserves'? or, what is perhaps more to the
purpose, that a provincial administration, formed on the principle of
desisting from all attempts to induce the Imperial Government to
repeal the Imperial statute on this subject, would be sustained? I am
unable, I confess, to bring myself to entertain any such expectation.
It is my opinion, that if the Liberals were to rally out of office on
the cry that they were asserting the right of the Provincial
Government to deal with the question of the 'Clergy Reserves' against
a Government willing, at the bidding of the Imperial authorities, to
abandon this claim, they would triumph in Upper Canada more decisively
than they did at the late general election. I need hardly add, that
if, after a resistance followed by such a triumph, the Imperial
Government were to give way, it would be more than ever difficult to
obtain from the victorious party a reasonable consideration for Church
interests. These remarks apply to Upper Canada. It is not so easy to
foresee what is likely to be the course of events in Lower Canada. The
party which looks to M. Papineou as its leader adopts on all points
the most ultra-democratic creed. It professes no very warm attachment
to the endowments of the Roman Catholic Church, and is, of course, not
likely to prove itself more tender with respect to property set apart
by royal authority for the support of Protestantism. The French-
Canadian Representatives who do not belong to this party are, I
believe, generally disinclined to secularisation, and would be brought
to consent to any such proposition, if at all, only by the pressure of
some supposed political necessity. They are however, almost without
exception, committed to the principle that the 'Clergy Reserves' ought
to be subject to the control of the Local Legislature. While the
battle is waged on this ground, therefore, they will probably continue
to side with the Upper Canada Liberals, unless the latter contrive to
alienate them by some act of extravagance....

I am aware that there lie, beyond the subjects of which I have
treated, larger considerations of public policy affecting this
question, on which I have not ventured to touch. On the one hand there
are persons who contend that, as the 'Clergy Reserves' were set apart
by a British Sovereign for religious uses, it is the bounden duty of
the Imperial authorities to maintain at all hazards the disposition
thus made of them. This view is hardly, I think, reconcilable with the
provisions of the statute of 1791; but, if it be correct, it renders
all discussion of subordinate topics and points of mere expediency,
superfluous.

[Sidenote: In the Church;]

On the other hand even among the most attached friends of the Church,
some are to be found who doubt whether on the whole the Church has
gained from the Reserves as much as she has lost by them--whether the
ill-will which they have engendered, and the bar which they have
proved to private munificence and voluntary exertion, have not more
than counter-balanced the benefits which they may have conferred; and
who look to secularisation as the only settlement that will be final
and put an end to strife.

Up to this time Lord Elgin appears to have entertained at least a hope, that, if the Colony were left to itself, it would settle the matter by distributing the reserved funds according to some equitable proportion among the clergy of all denominations. But as time went on, this hope became fainter and fainter. In his next letter he recounts a conversation with a person (not named) 'of much intelligence, and well acquainted with Upper Canada,' not a member of the Church of England, but favourable to the maintenance of an endowment for religious purposes, who, after remarking on the infatuation shown by the friends of the Church in 1840, expressed a decided opinion that the vantage ground then so heedlessly sacrificed was lost for ever, so far as colonial sentiment was concerned; and that 'neither the present nor any future Canadian Parliament would be induced to enact a law for perpetuating the endowment in any shape.' The increasing likelihood, however, of a result which he regarded as in itself undesirable could not abate his desire to see the matter finally settled, or shake his conviction that the Provincial Parliament was the proper power to settle it. With his correspondent it was not so; nor can it be wondered at that the organ of a Tory Government should have declined to accede to the prayer of an Address, which could hardly have any other issue than secularisation. But the decision was not destined to be left in the hands of the Tories. Before the end of 1852 Lord Derby was replaced by Lord Aberdeen, and Sir J. Pakington by Lord Elgin's old friend the Duke of Newcastle, who saw at once the necessity of conceding to the Canadian Parliament the power of settling the question after its own fashion. Accordingly on May 21, 1853, Lord Elgin was able to write to him as follows:

[Sidenote: Empowering Bill passed.]

I was certainly not a little surprised by the success with which you carried the Clergy Reserves Bill through the House of Lords. I am assured that this result was mainly due to your own personal exertions. I am quite confident that both in what you have done, and in the way you have done it, you have best consulted the interests of the Province, the Church, and the Empire. I trust that what has happened will have here the favourable moral effect which you anticipate. It cannot fail to have this tendency.

As respects the measures which will be ultimately adopted on this vexed subject, I do not yet venture to write with confidence. If the representation of the Bishop of Toronto, as to the feelings which exist among the great Protestant denominations on the question, were correct, there could be no doubt whatsoever in regard to the issue. For you may depend upon it the Roman Catholics have no wish to touch the Protestant endowment; although, when they are forced into the controversy, they will contend that it does not rest on the same basis as their own. But I confess that I place no reliance whatsoever on these calculations and representations. Almost the greatest evil which results from the delegation to the Imperial Parliament of the duty of legislating on Colonial questions of this class, is the scope which the system affords to exaggeration and mystification. Parties do not meet in fair conflict on their own ground, where they can soon gain a knowledge of their relative strength, and learn to respect each other accordingly; they shroud themselves in mystery, and rely for victory on their success in outdoing each other in hard swearing. Many men, partly from good nature and partly from political motives, will sign a petition spiced and peppered to tickle the palate of the House of Lords, who will not move a yard, or sacrifice a shilling, on behalf of the object petitioned for. I much fear that it will be found that there is much division of opinion even among members of the laity of the Church, with respect to the propriety of maintaining the 'Clergy Reserves;' and that, even as regards a certain section of the clergy, owing to dissatisfaction with the distribution of the fund and with the condition of dependence in which the missionaries are kept, there is greater lukewarmness on the subject than the fervent representations you have received would lead you to imagine.

Meanwhile there is a very good feeling in the Province--a great absence of party violence. Your course has tended to confirm these favourable symptoms. We must prevent anything being done during this session of the Provincial Parliament to commit parties with respect to the 'Clergy Reserves,' and as respects the future we must hope for the best.

[Sidenote: The Reserves secularised.]

The result has been already stated. The 'Clergy Reserves' were secularised, contrary, no doubt, to the individual wishes of Lord Elgin; but the general principle of Colonial self-government had signally triumphed, and its victory more than outweighed to him the loss of any particular cause.

One other measure remains to be noticed, on which Lord Elgin had the satisfaction of inducing the Home Government to yield to the wishes of the Colony, viz. the Reform of the Provincial Parliament.

[Sidenote: Reform of the Provincial Parliament.]

By the Constitution of 1840 the legislative power was divided between two chambers: a council, consisting of twenty persons, who were nominated by the Governor, and held their seats for life; and a House of Assembly, whose eighty-four members were elected in equal proportions from the two sections of the province. As the population of the Colony grew--and between 1840 and 1853 it nearly doubled itself--it was natural that the number of legislators should be increased; and there were other reasons which made an increase desirable.

[Sidenote: Increase of representation.]

The Legislative Assembly (wrote Lord Elgin early in 1853) is now
engaged on a measure introduced by the Government for increasing the
representation of the province. I consider the object of the measure a
very important one; for, with so small a body as eighty members, when
parties are nearly balanced, individual votes become too precious,
which leads to mischief. I have not experienced this evil to any great
extent since I have had a liberal administration, which has always
been strong in the Assembly; but, with my first administration, I felt
it severely.

To this change no serious opposition was offered, either in the Colony or in the Imperial Parliament; and the members of the two Houses were raised to one hundred and thirty, and seventy-two, respectively. It was otherwise, however, with the proposal to make the Upper House elective; a measure certainly alien to English ideas, but one which Lord Elgin appears to have thought necessary for the healthy working of the constitution under the circumstances then existing in the province. As early as March, 1850, he wrote to Lord Grey:--

[Sidenote: Proposal to make the Upper House elective.]

[Sidenote: Reasons in favour.]

A great deal is said here at present about rendering our second branch
of the Legislature elective. As the advocates of the plan, however,
comprise two classes of persons, with views not only distinct but
contradictory, it is difficult to foresee how they are to agree on
details, when it assumes a practical shape. The one class desire to
construct a more efficient Conservative body than the present Council,
the other seek an instrument to aid them in their schemes of
subversion and pillage. For my own part, I believe that a second
legislative body, returned by the same constituency as the House of
Assembly, under some differences with respect to time and mode of
election, would be a greater check on ill-considered legislation than
the Council as it is now constituted. Baldwin is very unwilling to
move in this matter. Having got what he imagines to be the likest
thing to the British constitution he can obtain, he is satisfied, and
averse to further change. In this instance I cannot but think that he
mistakes the shadow for the substance. I admire, however, the
perseverance with which he proclaims, '_Il faut jeter l'ancre de la
constitution_,' in reply to proposals of organic change; though I
fully expect that, like those who raised this cry in 1791, he will
yet, if he lives, find himself and his state-ship floundering among
rocks and shoals, towards which he never expected to steer.

Three years later he held the same language to the Duke of Newcastle. Writing on March 26, 1853, to inform him that the Bill for increasing the representation had been carried in the Assembly by a large majority, he adds:--

The Lords must be attended to in the next place. The position of the
second chamber in our body politic is at present wholly
unsatisfactory. The principle of election must be introduced in order
to give to it the influence which it ought to possess; and that
principle must be so applied as to admit of the working of
Parliamentary Government (which I for one am certainly not prepared to
abandon for the American system) with two elective chambers. I have
made some suggestions with this view, which I hope to be able to
induce the Legislature to adopt.

When our two legislative bodies shall have been placed on this
improved footing, a greater stability will have been imparted to our
constitution, and a greater strength, I believe, if England act
wisely, to the connection.

[Sidenote: The Act passed.]

The question did not come before the British Parliament till the summer of 1854, after Lord Elgin's visit to England, during which he had an opportunity of stating his views personally to the Government. At his instance they brought in a Bill to enable the Colonial Legislature to deal with the subject; and the measure was carried, with few dissentients, although vehemently denounced by Lord Derby in the House of Lords. The principles of colonial policy which Lord Durham had expressed so powerfully in 1888, and on which Lord Grey and Lord Elgin had been acting so consistently for many years, had at last prevailed; and many of those who most deprecated the proposed reform as a downward step towards pure democracy, yet acknowledged that, as it had been determined upon by the deliberate choice of the Colony, it ought not to be thwarted by the interference of the mother-country.

[Sidenote: Speech of Lord Derby.]

In the course of the speech above referred to, Lord Derby made use of the following eloquent words:--

I have dreamed--perhaps it was only a dream--that the time would come
when, exercising a perfect control over their own internal affairs,
Parliament abandoning its right to interfere in their legislation,
these great and important colonies, combined together, should form a
monarchical government, presided over either by a permanent viceroy,
or, as an independent sovereign, by one nearly and closely allied to
the present royal family of this country.

I have believed that, in such a manner, it would be possible to uphold
the monarchical principle; to establish upon that great continent a
monarchy free as that of this country, even freer still with regard to
the popular influence exercised, but yet a monarchy worthy of the
name, and not a mere empty shadow. I can hardly believe that, under
such a system, the friendly connection and close intimacy between the
colonies and the mother-country would in any way be affected; but, on
the contrary, I feel convinced that the change to which I have
referred would be productive of nothing, for years and years to come,
but mutual harmony and friendship, increased and cemented as that
friendship would be by mutual appreciation of the great and
substantial benefits conferred by a free and regulated monarchy.

But pass this Bill, and that dream is gone for ever. Nothing like a
free and regulated monarchy could exist for a single moment under such
a constitution as that which is now proposed for Canada.

From the moment that you pass this constitution, the progress must be
rapidly towards republicanism, if anything could be more really
republican than this Bill.

The dream has been realised, at least in one of its most important features; the gloomy forebodings have hitherto happily proved groundless. But the speaker of these words, and the author of the measure to which they refer, would probably have been alike surprised at the course which events have taken respecting the particular point then in question. For once the stream that sets towards democracy has been seen to take a backward direction; and the constitution of the Dominion of Canada has returned, as regards the Legislative Council, to the Conservative principle of nomination by the Crown.

* * * * *

It does not fall within the scope of this memoir to give an account of the numerous administrative measures which made the period of Lord Elgin's Government so marked an epoch in the history of Canadian prosperity. It may be well, however, to notice a few points to which he himself thought it worth while to advert in official despatches, written towards the close of his sojourn in the country, and containing a statistical review of the marvellously rapid progress which the Colony had made in all branches of productive industry.

The first extracts bear upon questions which have lost none of their interest or importance--the kindred questions of emigration, of the demand for labour, and of the acquisition and tenure of land.

[Sidenote: Emigration.]

The sufferings of the Irish during that calamitous period [1847]
induced philanthropic persons to put forward schemes of systematic
colonisation, based in some instances on the assumption that it was
for the interest of the emigrants that they should be as much as
possible concentrated in particular portions of the territories to
which they might proceed, so as to form communities complete in
themselves, and to remain subject to the influences, religious and
social, under which they had lived previously to emigration. It was
proposed, if I rightly remember, according to one of those schemes,
that large numbers of Irish with their priests and home associations
should be established by Government in some unoccupied part of Canada.
I believe that such schemes, however benevolent their design, rest on
a complete misconception of what is for the interest both of the
Colony and of the emigrants. It is almost invariably found that
emigrants who thus isolate themselves, whatever their origin or
antecedents, lag behind their neighbours; and I am inclined to think
that, as a general rule, in the case of communities whose social and
political organisation is as far advanced as that of the North
American Colonies, it is for the interest of all parties that new
comers, instead of dwelling apart and bound together by the affinities
whether of sect or party, which united them in the country which they
have left, should be dispersed as widely as possible among the
population already established in that to which they transfer
themselves.

It may not be altogether irrelevant to mention, as bearing on this
subject, that the painful circumstances which attended the emigration
of 1847 created for a time in this Province a certain prejudice
against emigration generally. The poll tax on emigrants was increased,
and the opinion widely disseminated that, however desirable the
introduction of capitalists might be, an emigration of persons of the
poorer classes was likely to prove a burden rather than a benefit.
Commercial depression, and apprehensions as to the probable effect of
the Free-trade policy of Great Britain on the prosperity of the
Colonies, had an influence in the same direction. To counteract these
tendencies which were calculated, as I thought, to be injurious in the
long run both to the Mother-country and the Province, public attention
was especially directed, in the Speech delivered from the Throne in
1849, to emigration by way of the St. Lawrence, as a branch of trade
which it was most desirable to cultivate (irrespective altogether of
its bearing on the settlement of the country) in consequence of the
great excess of exports over imports by that route, and the consequent
enhancement of freights outwards. These views obtained very general
assent, and the measures which have been adopted since that period to
render this route attractive to emigrants destined for the West (the
effect of which is beginning now to be visible in the yearly
increasing amount of emigration by way of Quebec from the continent of
Europe), are calculated not only to promote the trade of the Province,
but also to make settlers of a superior class acquainted with its
advantages.[3]

[Sidenote: Ottawa Valley.]

This important region (the valley of the Ottawa) takes the name by
which it is designated in popular parlance from the mighty stream
which flows through it, and which, though it be but a tributary of the
St. Lawrence, is one of the largest of the rivers that run
uninterruptedly from the source to the discharge within the dominions
of the Queen. It drains an area of about 80,000 square miles, and
receives at various points in its course the waters of streams, some
of which equal in magnitude the chief rivers of Great Britain. These
streams open up to the enterprise of the lumberman the almost
inexhaustible pine forests with which this region is clothed, and
afford the means of transporting their produce to market. In improving
these natural advantages considerable sums are expended by private
individuals. £50,000 currency was voted by Parliament last session for
the purpose of removing certain obstacles to the navigation of the
Upper Ottawa, by the construction of a canal at a point which is now
obstructed by rapids.

[Sidenote: Demand for labour.]

From the nature of the business, the lumbering trade falls necessarily
in a great measure into the hands of persons of capital, who employ
large bodies of men at points far removed from markets, and who are
therefore called upon to make considerable advances in providing food
and necessaries for their labourers, as well as in building slides and
otherwise facilitating the passage of timber along the streams and
rivers. Many thousands of men are employed during the winter in these
remote forests, preparing the timber which is transported during the
summer in rafts, or, if sawn, in boats, to Quebec when destined for
England, and up the Richelieu River when intended for the United
States. It is a most interesting fact, both in a moral and hygienic
view, that for some years past intoxicating liquors have been
rigorously excluded from almost all the chantiers, as the dwellings of
the lumbermen in these distant regions are styled; and that,
notwithstanding the exposure of the men to cold during the winter and
wet in the spring, the result of the experiment has been entirely
satisfactory.

The bearing of the lumbering business on the settlement of the country
is a point well worthy of notice. The farmer who undertakes to
cultivate unreclaimed land in new countries, generally finds that not
only does every step of advance which he makes in the wilderness, by
removing him from the centres of trade and civilisation, enhance the
cost of all he has to purchase, but that, moreover, it diminishes the
value of what he has to sell. It is not so, however, with the farmer
who follows in the wake of the lumbermen. He finds, on the contrary,
in the wants of the latter, a ready demand for all that he produces,
at a price not only equal to that procurable in the ordinary marts,
but increased by the cost of transport from them to the scene of the
lumbering operations. This circumstance, no doubt, powerfully
contributes to promote the settlement of those districts, and attracts
population to sections of the country which, in the absence of any
such inducement, would probably remain for long periods
uninhabited.[4]

[Sidenote: Wild land.]

The large amount of wild land held by individuals and corporations,
renders the disposal of the public domain a question of less urgency
in this than in some other colonies. Opinion in the Province runs
strongly in favour of facilitating its acquisition in small lots by
actual settlers, and of putting all possible obstacles in the way of
its falling into the hands of speculators. This opinion is founded no
doubt in part on a jealousy of great landholders; but it is mainly, I
apprehend, attributable to a sense of the inconvenience and damage
which are experienced in young countries, when considerable tracts of
land are kept out of the market in the midst of districts that are in
course of settlement. To this feeling much of the hostility to the
'Clergy Reserves' was originally due. The upset price of Government
wild land in Canada varies from 7_s_. 6_d_. currency to
1_s_. currency an acre, according to quality, and by the rules of
the Crown Land Department now in force, it is conceded at these rates,
except in special cases, in lots of not more than 200 acres, on
condition of actual settlement, of erecting a dwelling-house, and
clearing one-fourth of the lot before the patent can be obtained. The
price is payable in some parts of the country in ten yearly
instalments; in others in five; with interest in both cases from the
date of sale.

I have little faith in the efficacy of such devices to compel actual
settlement. They hinder the free circulation of capital, are easily
evaded, and seem to be especially out of place where wild lands are
subject to taxation for municipal purposes, as is the case in Upper
Canada.[5]

[Sidenote: Seigniorial tenure.]

A good deal of land in Lower Canada is held in seigniory, under a
species of feudal tenure, with respect to the conditions of which a
controversy has arisen which threatens, unless some equitable mode of
adjusting it be speedily devised, to be productive of very serious
consequences. A certain class of jurists contend, that by the custom
of the country, established before its conquest by Great Britain, the
seigniors were bound to concede their lands in lots of about 100 acres
to the first applicant, in consideration of the payment of certain
dues, and of a rent which, never, as they allege, exceeded one penny
an acre; and they quote edicts of the French monarchs to show that the
governor and intendant, when the seignior was contumacious, could
seize the land, and make the concession in spite of him, taking the
rent for the Crown. The seigniors, on the other hand, plead the
decisions of the courts since the conquest in vindication of their
claim to receive such rents as they can bargain for. Independently of
this controversy, the incidents of the tenure are in other respects
calculated to exercise an unfavourable influence on the progress of
the Province; and its abolition, if it could be effected without
injustice, would, no doubt, be a highly beneficial measure.[6]

Still more important and interesting at this time is the following sketch of the Educational System of Upper Canada; the 'Common Schools' and 'Public School Libraries,' which have attracted so much the attention of our own educationists. Nor is it uninstructive to note the contrast between what had been achieved in the colony nearly twenty years ago, and the still unsettled condition of similar questions in the mother-country: a contrast which may perhaps call to mind the remarks of Lord Elgin already quoted, as to the rapid growth which ensues when the seeds that fall from ancient experience are dropped into a virgin soil.[7]

[Sidenote: Education.]

In 1847 the Normal School, which may be considered the foundation of
the system, was instituted, and at the close of 1853, the first volume
issued from the Educational Department to the Public School Libraries,
which are its crown and completion.... The term school libraries does
not imply that the libraries in question are specially designed for
the benefit of common school pupils. They are, in point of fact,
public libraries intended for the use of the general population; and
they are entitled school libraries because their establishment has
been provided for in the School Acts, and their management confided to
the school authorities.

[Sidenote: Public School Libraries.]

Public School Libraries then, similar to those which are now being
introduced into Canada, have been in operation for several years in
some states of the neighbouring Union, and many of the most valuable
features of the Canadian system have been borrowed from them. In most
of the States, however, which have appropriated funds for library
purposes, the selection of the books has been left to the trustees
appointed by the different districts, many of whom are ill-qualified
for the task; and the consequence has been, that the travelling
pedlars, who offer the most showy books at the lowest prices, have had
the principal share in furnishing the libraries. In introducing the
system into Canada, precautions have been taken which will, I trust,
have the effect of obviating this great evil.

In the School Act of 1850, which first set apart a sum of money for
the establishment and support of school libraries, it is declared to
be the duty of the chief superintendent of education to apportion the
sum granted for this purpose by the legislature under the following
condition: 'That no aid should be given towards the establishment and
support of any school library unless an equal amount be contributed or
expended from local sources for the same;' and the Council of
Instruction is required to examine, and at its discretion recommend or
disapprove of text books for the use of schools, or books for school
libraries; 'provided that no portion of the legislative school grant
shall be applied in aid of any school in which any book is used that
has been disapproved of by the Council, and public notice given of
such disapproval.'

[Sidenote: Common schools.]

The system of public instruction in Upper Canada is engrafted upon the
municipal institutions of the Province, to which an organisation very
complete in its details, and admirably adapted to develop the
resources, confirm the credit, and promote the moral and social
interests of a young country, was imparted by an Act passed in 1849.
The law by which the common schools are regulated was enacted in 1850,
and it embraces all the modifications and improvements suggested by
experience in the provisions of the several school Acts passed
subsequently to 1841, when the important principle of granting money
to each county on condition that an equal amount were raised within it
by local assessment, was first introduced into the statute-book.

[Sidenote: Local superintendence.]

The development of individual self-reliance and local exertion, under
the superintendence of a central authority exercising an influence
almost exclusively moral, is the ruling principle of the system.
Accordingly, it rests with the freeholders and householders of each
school section to decide whether they will support their school by
voluntary subscription, by rate bill for each pupil attending the
school (which must not, however, exceed 1_s_. per month), or by
rates on property. The trustees elected by the same freeholders and
householders are required to determine the amount to be raised within
their respective school sections for all school purposes whatsoever,
to hire teachers from among persons holding legal certificates of
qualification, and to agree with them as to salary. On the local
superintendents appointed by the county councils is devolved the duty
of apportioning the legislative grant among the school sections within
the county, of inspecting the schools, and reporting upon them to the
chief superintendent. The county boards of public instruction,
composed of the local superintendent or superintendents, and the
trustees of the county grammar school, examine candidates for the
office of teacher, and give certificates of qualification which are
valid for the county; the chief superintendent giving certificates to
normal school pupils which are valid for the Province; while the chief
superintendent, who holds his appointment from the Crown, aided in
specified cases by the Council of Public Instruction, has under his
especial charge the normal and model schools, besides exercising a
general control over the whole system..

The question of religious instruction as connected with the common
school system, presented even more than ordinary difficulty in a
community where there is so much diversity of opinion on religious
subjects, and where all denominations are in the eye of the law on a
footing of entire equality. It is laid down as a fundamental
principle, that as the common schools are not boarding but day
schools, and as the pupils are under the care of their parents or
guardians during the Sunday, and a considerable portion of each week
day, it is not intended that the functions of the common school
teacher should supersede those of the parent and pastor of the child.
Accordingly, the law contents itself with providing on this head,
'that in any model or common school established under this act, no
child shall be required to read or study in or from any religious
book, or to join in any exercise of devotion or religion, which shall
be objected to by his or her parents or guardians; provided always,
that within this limitation pupils shall be allowed to receive such
religious instruction as their parents or guardians shall desire,
according to the general regulations which shall be provided according
to law.' And it authorises under certain regulations the establishment
of a separate school for Protestants or Roman Catholics, as the case
may be, when the teacher of the common school is of the opposite
persuasion.

Clergymen recognised by law, of whatever denomination, are made _ex
officio_ visitors of the schools in townships, cities, towns, or
villages where they reside, or have pastoral charge. The chief
superintendent. Dr. Ryerson, remarks on this head:

[Sidenote: The clergy.]

'The clergy of the county have access to each of its schools; and we
know of no instance in which the school has been made the place of
religious discord, but many instances, especially on occasions of
quarterly public examinations, in which the school has witnessed the
assemblage and friendly intercourse of clergy of various religious
persuasions, and thus become the radiating centre of a spirit of
Christian charity and potent cooperation in the primary work of a
people's civilisation and happiness.'

He adds with reference to the subject generally, 'The more carefully
the question of religion in connection with a system of common schools
is examined, the more clearly, I think, it will appear, that it has
been left where it properly belongs--with the local school
municipalities, parents, and managers of schools; the Government
protecting the right of each parent and child, but beyond this, and
beyond the principles and duties of morality common to all classes,
neither compelling nor prohibiting; recognising the duties of pastors
and parents as well as of school trustees and teachers, and
considering the united labours of all as constituting the system of
education for the youth of the country.'

Lord Elgin himself had always shown a profound sense of the importance of thus making religion the groundwork of education. Speaking on occasion of the opening of a normal school, after noticing the zealous and wisely- directed exertions which had 'enabled Upper Canada to place itself in the van among the nations, in the great and important work of providing an efficient system of general education for the whole community' he proceeded:--

[Sidenote: What is education?]

And now let me ask this intelligent audience, who have so kindly
listened to me up to this moment--let me ask them to consider, in all
seriousness and earnestness, what that great work really is. I do not
think that I shall be chargeable with exaggeration when I affirm, that
it is _the_ work of our day and generation; that it is _the_
problem in our modern society which is most difficult of solution;
that it is the ground upon which earnest and zealous men unhappily too
often, and in too many countries meet, not to co-operate but to
wrangle; while the poor and the ignorant multitudes around them are
starving and perishing for lack of knowledge. Well, then, how has
Upper Canada addressed herself to the execution of this great work?
How has she sought to solve this problem--to overcome this difficulty?
Sir, I understand from your statements--and I come to the same
conclusion from my own investigation and observation--that it is the
principle of our common school educational system, that its foundation
is laid deep in the firm rock of our common Christianity. I
understand, sir, that while the varying views and opinions of a mixed
religious society are scrupulously respected, while every semblance of
dictation is carefully avoided, it is desired, it is earnestly
recommended, it is confidently expected and hoped, that every child
who attends our common schools shall learn there that he is a being
who has an interest in eternity as well as in time; that he has a
Father, towards whom he stands in a closer and more affecting, and
more endearing relationship than to any earthly father, and that
Father is in heaven; that he has a hope, far transcending every
earthly hope--a hope full of immortality--the hope, namely, that that
Father's kingdom may come; that he has a duty which, like the sun in
our celestial system, stands in the centre of his moral obligations,
shedding upon them a hallowing light, which they in their turn reflect
and absorb--the duty of striving to prove by his life and conversation
the sincerity of his prayer, that that Father's will may be done upon
earth as it is done in heaven. I understand, sir, that upon the broad
and solid platform which is raised upon that good foundation, we
invite the ministers of religion, of all denominations--the _de
facto_ spiritual guides of the people of the country--to take their
stand along with us; that, so far from hampering or impeding them in
the exercise of their sacred functions, we ask and we beg them to take
the children--the lambs of the flock which are committed to their
care--aside, and to lead them to those pastures and streams where they
will find, as they believe, the food of life and the waters of
consolation.

One more extract must be given from the despatch already quoted, because it illustrates a feature in his character, to which the subsequent course of his life gave such marked prominence--his generous and tender feeling of what was due to subject or inferior races; a sad feeling in this case, and but faintly supported by any hope of being able to do anything for their benefit.

[Sidenote: Aboriginal tribes.]