Canada -- History -- 1841-1867; Elgin, James Bruce, Earl of, 1811-1863
In these later days when we can review the whole question without any
of the prejudice and passion which embittered the controversy while it
was a burning issue, we can see that the Church of England had strong
historical and legal arguments to justify its claim to the exclusive
use of the clergy reserves. When the Constitutional Act of 1791 was
passed, the only Protestant clergy recognized in British statutes were
those of the Church of England, and, as we shall see later, those of
the established Church of Scotland. The dissenting denominations had
no more a legal status in the constitutional system of England than
the Roman Catholics, and indeed it was very much the same thing in
some respects in the provinces of Canada. So late as 1824 the
legislative council, largely composed of Anglicans, rejected a bill
allowing Methodist ministers to solemnize marriages, and it was not
until 1831 that recognized ministers of all denominations were placed
on an equality with the Anglican clergy in such matters. The
employment of the words "Protestant Clergy" in the act, it was urged
with force, was simply to distinguish the Church of England clergy
from those of the Church of Rome, who, otherwise, would be legally
entitled to participate in the grant.
The loyalists, who founded the province of Upper Canada, established
formally by the Constitutional Act of 1791, were largely composed of
adherents of the Church of England, and it was one of the dearest
objects of Lieutenant-Governor Simcoe to place that body on a stable
basis and give it all the influence possible in the state. A
considerable number had also settled in Lower Canada, and received, as
in other parts of British North America, the sympathy and aid of the
parent state. It was the object of the British government to make the
constitution of the Canadas "an image and transcript" as far as
possible of the British system of government. In no better way could
this be done, in the opinion of the framers of the Constitutional Act,
than by creating a titled legislative council;[18] and though this
effort came to naught, it is noteworthy as showing the tendency at
that time of imperial legislation. If such a council could be
established, then it was all important that there should be a
religious body, supported by the state, to surround the political
institutions of the country with the safeguards which a conservative
and aristocratic church like that of England would give. The erection
and endowment of rectories "according to the establishment of the
Church of England"--words of the act to be construed in connection
with the previous clauses--was obviously a part of the original scheme
of 1791 to anglicize Upper Canada and make it as far as possible a
reflex of Anglican England.
Public-domain text, read in full here on John Shaqi.
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