the proceeds of the said clergy reserves as should
prevent further legislation with reference to the
disposal of them, but this House is nevertheless of
opinion that the claims of existing incumbents should
be treated in the most liberal manner.”
Baldwin and other Reformers supported this clause,
which passed by a majority of two. The address
was finally adopted on a division of forty-six Yeas
and twenty-three Nays—“the minority
containing the names of a few Reformers who would not
consent to pledge themselves to grant, for the lives
of the existing incumbents, the stipends on which
they had accepted their charges—some perhaps
having come from other countries to fill them and
having possibly thrown up other preferments."[21] The
address was duly forwarded to England by Lord Elgin,
with a despatch in which he explained at some length
the position of the whole question. In accordance
with the principle which guided him throughout his
administration of Canadian affairs—to give
full scope to the right of the province to manage
its own local concerns—he advised Lord Grey
to repeal the imperial act of 1840 if he wished “to
preserve the colony.” Lord Grey admitted
that the question was one exclusively affecting the
people of Canada and should be decided by the provincial
legislature. It was the intention of the government,
he informed Lord Elgin, to introduce a bill into parliament
for this purpose; but action had to be deferred until
another year when, as it happened unfortunately for
the province, Lord John Russell’s ministry was
forced to resign, and was succeeded by a Conservative
administration led by the Earl of Derby.
The Canadian government soon ascertained from Sir
John Pakington, the new colonial secretary, that the
new advisers of Her Majesty were not “inclined
to give their consent and support to any arrangement
the result of which would too probably be the diversion
to other purposes of the only public fund ... which
now exists for the support of divine worship and religious
instruction in the colony.” It was also
intimated by the secretary of state that the new government
was quite ready to entertain a proposal for reconsidering
the mode of distributing the proceeds of the sales
of the reserves, while not ready to agree to any proposal
that might “divert forever from its sacred object
the fund arising from that portion of the public lands
of Canada which, almost from the period of the British
conquest of that province, has been set apart for
the religious instruction of the people.”
Hincks, who was at that time in England, at once wrote
to Sir John Pakington, in very emphatic terms, that
he viewed “with grave apprehension the prospect
of collision between Her Majesty’s government
and the parliament of Canada, on a question regarding
which such strong feelings prevailed among the great
mass of the population.” The people of
Canada were convinced that they were “better
judges than any parties in England of what measures
would best conduce to the peace and welfare of the
province.” As respects the proposal “for
reconsidering the mode of distributing the income of
the clergy reserves,” Hincks had no hesitation
in saying that “it would be received as one
for the violation of the most sacred constitutional
rights of the people.”