Church and State (Galt)/Part 2
2
The reply must necessarily be argumentative, and addressed rather to those Protestant politicians, now basking in the sunshine of Episcopal favor, who say: all this concerns Roman Catholics only; both political parties are alike in professed submission to the Church; it does not affect us so long as we are unassailed, and meantime we should act with those who in the past were our friends and allies. I answer that the past has disappeared, and we are confronted with a near and ominous future. The past was bright with actions and declarations all significant of equality of creeds; of liberty of thought and deed; the entire separation of Church from State was solemnly entered on the Statute Book; the Roman Catholic Church reposed on the guarantees granted by the British Crown; it was not aggressive, it meddled not with political strife, it pretended to no superior rights over other Churches, and though it was as a rule favorable to the conservative party, it never presumed to dictate to the leaders of that party, their political course. All this has changed, and we look in vain for that independence of thought and action which characterized our former French Canadian leaders, in those who have since Confederation administered the Government of Quebec. The party may be called the same, but I fail to recognize it, and few will do so who know that that party was created and led by those wiser minds, who retrieved themselves from the false step of the insurrection of 1837-'8, and afterwards led the way in all the necessary Liberal measures that followed the union of Upper and Lower Canada; the settlement of the Clergy Reserves—the abolition of the Feudal Tenure—the introduction of the municipal system—the establishment of National Education, and a host of other beneficent measures. These were the men who, understanding the mighty difference between Reform and Revolution, paused when their goal was attained, and became the Conservative party to which I had the pride and pleasure to belong. Can any one say that the present men are their successors in aught but name? Can words more expressive of profound submission to the Priesthood be found than the language used in the debate on the Address by their leader in the House of Commons, Mr. Masson, sustained, as it was, by Mr. Langevin, from whom I should have hoped for more independence.
It is natural that those who enjoy the present favor of the Hierarchy should be their defenders and apologists,—and it is also natural that those who have suffered through their interference should appear to be my allies at this moment, and it has not therefore surprised me, that in my recent pamphlet, I should be understood as having changed my political status. My language has not, however, been weighed with the same care with which it was used by me. I have said: "I find but one line of duty open to me, and that is to give my hearty support and sympathy to the Liberal Catholics of Quebec." The whole tone of my pamphlet shewed, I think clearly, that I had no concern with the party politics of the day, which would have been the case had I transposed the phrase and said Catholic Liberals. Unfortunately, I am too well aware that neither Rouge nor Blue are free from clerical subserviency. What I asked for in my letter to Mr. Robertson of 31st May, and what I seek to obtain now, is "a public and explicit declaration that they reject and refuse to acknowledge the authority claimed for his Church by the Roman Catholic Bishop of Montreal in all matters pertaining to public law and the government of the country."
Such a declaration as the above can only have force coming from the party in power. It is clearly only to be obtained by a union of the Protestants, not merely with the Liberal Catholics of Quebec, be they politically Conservative or so-called Rouge, but with the Catholics in other parts of the Dominion.
According to my apprehension of the circumstances, I think the country is threatened with very grave evils, and I desire to avert the danger—not through the special action of any purely political party, but through an appeal to the good sense of all. It would be perfectly idle to expect that the Lower Canada Liberals would, as a party, take the same ground I do, when we see that the very opening of the question arrays one of their most distinguished leaders, and a Protestant, in the same ranks with his life-long opponents.
There is scarcely a subject that can be named that does not fall more or less directly within the scope of the Local Legislature; and, as citizens of Quebec, the Protestants have, therefore, good reason for jealous apprehension at the encroachments of the Hierarchy. It is not sufficient for their re-assurance to be told these measures concern Roman Catholics only, and that they may repose in security upon the guarantees obtained at the completion of Confederation.
These guarantees were obtained under a totally different state of public affairs from that which exists now; and, being intended as a protection for the faith and liberties of the minority against possible wrong to be sustained at the hands of the Roman Catholics, it becomes of essential importance to recognize the serious change that has been wrought in the Church of Rome through the publication of the Syllabus and the promulgation of the Vatican Decrees. Responsible as I was, in a great measure, for the sufficiency of these guarantees, I claim that no blame can fairly attach to me for not foreseeing the attitude the Church of Rome was in a few years to assume, and the consequent extent to which the precautionary measures might prove inadequate. But this responsibility surely entails upon me the duty of raising my voice as soon as there is evidence of danger, and of doing what may, in my judgment, still appear possible to preserve the harmony and good-will we must all desire to maintain in a com differing, as we do, in creed, language and nationality.
Let me, then, examine what the Protestant guarantees consist of, in order that the question of their sufficiency at present may be distinctly understood.
They are three in number: Education, Representation, and, most important to us of all, the Veto power reserved in the hands of the Federal Government at Ottawa.
Education.
By the 93rd Clause of the British North American Act, it is provided:—
93. In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions:—
1. Nothing in any such law shall prejudicially affect any Right or Privilege with respect to the Denominational Schools which any Class of Persons have by Law in the Province at the Union:
2. All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec:
3. Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Education:
4. In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in
case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf then and in every such Case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section.
The only status, therefore, which we are guaranteed under the Imperial Act of Confederation is that existing at its passage. Now, it is well known that this was wholly unsatisfactory to the Protestants, especially in Montreal and Quebec; and an endeavour to pass the requisite amendments made in the last Session of the Canadian Parliament was defeated. So important did I regard this defeat, that I resigned my seat in the Government, and declined any greater share of responsibility than was accepted by other Protestant representatives. However, as it threatened to interpose most serious obstacles to the acceptance of Confederation, it was finally agreed, to be satisfied with the assurances of Sir George Cartier and the French-Canadian Roman Catholics following him; that, at the first Session of the Local Legislature of Quebec, the required legislation should be obtained, and that the Local Government should be so organized as to ensure this result. Though not a member of the Government, I formed one of the delegation to London, and assisted in the compilation of the Act of Confederation; and, on the 1st February, 1867, when Confederation took place, I re-entered the Ministry, and, with the assistance of Sir George Cartier and the Hon. Mr. Langevin, the School Bill, as it now stands, was passed; but even then it was not attained without great difficulty, as can be testified by all who were acting with me in Quebec at the time.
The educational rights of Protestants as respects much of the principle and mode of taxation, separate management and other important points are, therefore, not secured by the Act of Confederation; but rest upon a Provincial Statute of Quebec; that is subject to repeal, if not prevented by the veto power.
Representation.
The representation guarantees enjoyed by the Protestants consist in the following provisions of the B.N.A. Act:—
80. The Legislative Assembly at Quebec shall be composed of Sixty-five Members, to be elected to represent the Sixty-five Electoral Divisions or Districts of Lower Canada in this Act referred to, subject to Alteration thereof by the Legislature of Quebec: Provided that it shall not be lawful to present to the Lieutenant Governor of Quebec for Assent any Bill for altering the Limits of any of the Electoral Divisions or Districts mentioned in the Second Schedule to this Act, unless the Second and Third Readings of such Bill have been passed in the Legislative Assembly with the Concurrence of the Majority of the Members representing all those Electoral Divisions or Districts, and the Assent shall not be given to such Bill unless an Address has been presented by the Legislative Assembly to the Lieutenant Governor stating that it has been so passed.
Electoral Districts of Quebec specially fixed.
Counties of
| Pontiac. | Missisquoi. | Compton. |
| Ottawa. | Brome. | Wolfe & Richmond. |
| Argenteuil. | Shefford. | Megantic. |
| Huntingdon. | Stanstead. |
Town of Sherbrooke.
At best, it was felt at the time to be a guarantee of a most illusory nature, liable to be disturbed by natural causes. But in what position does it now stand? Under the guise of re-patriation, large sums, of money have been annually voted, and the most persistent efforts made for the purpose of filling our reserved constituencies with French-Canadian Roman Catholics, whenever an opening could be found or made.
Already our hold on these constituencies is so weakened, that, with one or two exceptions, the candidate receiving the Roman Catholic vote will always secure his election. And when the day arrives that Mgr. Bourget's dogma prevails as to "who are those who are not to be voted for," it will be seen that our guarantee is gone. One session, with an obedient majority from the guaranteed constituencies, will be sufficient to re-cast the boundaries of each and all, and scatter to the winds this one of our impregnable securities; unless, as in the case of the Education law, the veto power be exercised.
Veto Power.
We have the guarantee that all local legislation is subject to revision and veto by the Governor-General; or rather, to speak more practically and intelligibly, by the Federal Government. The Clauses in the Confederation Act are as follows:—
56. Where the Governor General assents to a Bill in the Queen's Name, he shall by the first convenient Opportunity send an authentic Copy of the Act to One of Her Majesty's Principal Secretaries of State, and if the Queen in Council within Two Years after Receipt thereof by the Secretary of State thinks fit to disallow the Act, such Disallowance (with a Certificate of the Secretary of State of the Day on which the Act was received by him) being signified by the Governor General, by Speech or Message to each of the Houses of the Parliament or by Proclamation, shall annul the Act from and after the Day of such Signification.
90. The following Provisions of this Act respecting the Parliament of Canada, namely,—the Provisions relating to Appropriation and Tax Bills, the Recommendation of Money Votes, the Assent to Bills, the Disallowance of Acts, and the Signification of
Pleasure on Bills reserved,—shall extend and apply to the Legislatures of the several Provinces as if those Provisions were here re-enacted and made applicable in Terms to the respective Provinces and the Legislatures thereof, with the Substitution of the Lieutenant Governor of the Province for the Governor General, of the Governor General for the Queen and for a Secretary of State, of One Year for Two Years, and of the Province for Canada.
The veto by the Federal Government is the real palladium of our Protestant liberties in Lower Canada. I have already shewn that our educational rights are only safe under its shelter, and that our representation guarantee will, some day, "dissolve into thin air" without its exercise. Let me now point out that in the firm but moderate use of this vast power, safety may yet be found from the undue encroachments to which both Protestants and Catholics are exposed. But it is negative only; and if the opportunity for its exercise be lost, it is impotent to remedy the evil.
No one can blame me then for endeavouring to enlarge the sphere for discussion of our Lower Canadian difficulties. Our last and most potent guarantee is in the hands of the Federal Government, and if the exercise of this pre-eminent authority be assured, through the establishment of a sound and pronounced public opinion on the subject now under discussion, we may await the issue with less misgiving.
On the other hand, if no voice of warning be raised,—if nothing be heard but adulatory pæans to the Hierarchy, to obtain their political support and influence, how can we expect to receive attention, when we appeal to a Government at Ottawa, almost all of whose supporters from Quebec owe their seats to the clergy—and of whose opponents, a like proportion are also hopelessly entangled. What chance of getting the Veto exercised, if nine-tenths of the Quebec votes are ready to declare want of confidence in the Government that ventures to do it, and what else could the nine-tenths do in their position?
I might extend this argument much more, and support it by a variety of facts drawn from the legislation and administration of affairs in Quebec, since 1870,—but I prefer to take only those striking points with which we are in a great measure familiar, and comparing the position of Quebec now, with what it was, prior to the Syllabus and Vatican Decrees, I unhesitatingly affirm that "Such change has affected the general rights of Protestants, as citizens of the Province of Quebec, and especially, has weakened their guarantees obtained at Confederation."