Canada -- History -- 1841-1867; Elgin, James Bruce, Earl of, 1811-1863
The Church of England, at a very early period, claimed, as the only
"Protestant clergy" recognized by English law, the exclusive use of
the lands in question, and Bishop Mountain, who became in 1793
Anglican bishop of Quebec, with a jurisdiction extending over all
Canada, took the first steps to sustain this assertion of exclusive
right. Leases were given to applicants by a clerical corporation
established by the Anglican Church for the express purpose of
administering the reserves. For some years the Anglican claim passed
without special notice, and it is not until 1817 that we see the germ
of the dispute which afterwards so seriously agitated Upper Canada. It
was proposed in the assembly to sell half the lands and devote the
proceeds to secular purposes, but the sudden prorogation of the
legislature by Lieutenant-Governor Gore, prevented any definite action
on the resolutions, although the debate that arose on the subject had
the effect of showing the existence of a marked public grievance. The
feeling at this time in the country was shown in answers given to
circulars sent out by Robert Gourlay, an energetic Scottish busy-body,
to a number of townships, asking an expression of opinion as to the
causes which retarded improvement and the best means of developing the
resources of the province. The answer from Sandwich emphatically set
forth that the reasons of the existing depression were the reserves of
land for the Crown and clergy, "which must for long keep the country a
wilderness, a harbour for wolves, and a hindrance to compact and good
neighbourhood; defects in the system of colonization; too great a
quantity of land in the hands of individuals who do not reside in the
province, and are not assessed for their property." The select
committee of the House of Commons on the civil government of Canada
reported in 1828 that "these reserved lands, as they are at present
distributed over the country, retard more than any other circumstance
the improvement of the colony, lying as they do in detached portions
of each township and intervening between the occupations of actual
settlers, who have no means of cutting roads through the woods and
morasses which thus separate them from their neighbours." It appears,
too, that the quantity of land actually reserved was in excess of that
which appears to have been contemplated by the Constitutional Act. "A
quantity equal to one-seventh of all grants," wrote Lord Durham in his
report of 1839, "would be one-eighth of each township, or of all the
public land. Instead of this proportion, the practice has been ever
since the act passed, and in the clearest violation of its provisions,
to set apart for the clergy in Upper Canada, a seventh of all the
land, which is a quantity equal to a sixth of the land granted.... In
Lower Canada the same violation of the law has taken place, with this
difference--that upon every sale of Crown and clergy reserves, a fresh
Public-domain text, read in full here on John Shaqi.
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