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. 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 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 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. 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. 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. 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. 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 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 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 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 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. The despatches of Lord Ripon (Nov. 8th, 1832) and Lord Glenelg (Dec. 15th, 1835) recommended a "comprehensive liberality" in every department, and in all the acts of the Government, they conceded in full the popular demands on the clergy reserve question, and deprecated the establishment of any religious corporations until the advice of the local Legislature had been obtained—these very despatches Sir F. B. Head promised to carry out.... But has that pledge been redeemed by him? Has it not been grossly violated?... In his appointments and dismissals from office, and in the whole tone and spirit of his government, did not Sir F. B. Head become the head of a party instead of the Governor of the Province?... The result of his new system of government already is derangement of the currency—insurrection—bloodshed—loss of property—demoralization, by calling large bodies of men from rural to military employments—decrease of population—cessation of immigration—decrease of credit—decrease of revenue—increase of the public debt—decrease of the value of property—increase of popular dissatisfaction—vast military expenditures from the taxes of an overburthened British population—insecurity of person and property, and general distrust. Under these "Church and King" counsels, for two years more, and this province will be a Paradise!... We have laboured hard to obtain and secure many blessings for our native land, but certainly not such blessings as these! In connection with this discussion, a Kingston paper stated that Dr. Ryerson was moved by ambitious motives. In reply Dr. Ryerson said:—As to my motives of ambition, etc., my enemies will probably concede to me two or three things. 1. That long before Sir F. B. Head came to Upper Canada I had been honoured by as large a share of popular favour in this province as any individual could reasonably expect or desire.... 2. That the path to royal favour has been opened as widely to me as it is possible for it to be opened to any clerical individual who has laid it down as a rule, and stated it to Ministers of the Crown and Governors, that he never could knowingly receive a farthing from any quarter, or in any way, which was not pointed out and authorized by the discipline of his Church. But as a love of popular favour has not obliterated from my recollection the rightful prerogatives of the Crown, I cannot see why I should thereby be disqualified from a disinterested maintenance of constitutional rights, especially when many more are immediately concerned in the latter than in the former. FOOTNOTES:It should be remembered that in more than one despatch the Colonial Secretary held that the question was one to be settled by the Provincial, rather than by the Imperial Parliament, and declined to interfere with the rights of the Canadian Legislature in the matter. This will be clearly shown in a subsequent chapter. Lord Glenelg's utterances on this question are very emphatic, especially in his despatch dated 5th December, 1835. |