Canada -- History -- 1841-1867; Elgin, James Bruce, Earl of, 1811-1863
As soon as Sir John Colborne's action was known throughout the
province, public indignation among the opponents of the clergy
reserves and the Church of England took the forms of public meetings
to denounce the issue of the patents, and of memorials to the imperial
government calling into question their legality and praying for their
immediate annulment. An opinion was obtained from the law officers of
the Crown that the action taken by Sir John Colborne was "not valid
and lawful," but it was given on a mere _ex parte_ statement of the
case prepared by the opponents of the rectories; and the same eminent
lawyers subsequently expressed themselves favourably as to the
legality of the patents when they were asked to reconsider the whole
question, which was set forth in a very elaborate report prepared
under the direction of Bishop Strachan. It is convenient to mention
here that this phase of the clergy reserve question again came before
able English counsel at the Equity Bar, when Hincks visited London in
1852. After they had given an opinion unfavourable to the Colborne
patents on the case as submitted to them by the Canadian prime
minister, it was deemed expedient to submit the whole legal question
to the Court of Chancery in Upper Canada, which decided unanimously,
after a full hearing of the case, that the patents were valid. But
this decision was not given until 1856, when the whole matter of the
reserves had been finally adjusted, and the validity of the creation
of the rectories was no longer a burning question in Upper Canada.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account