which the exercise is reserved for extreme cases, in which
necessity at once creates and justifies the exception. (Lord
Glenelg to Sir F. B. Head, 5th December, 1835.)
They therefore adopted what events proved to be a ruse, to accomplish
their object. It is true that Sir George Arthur, in his opening speech,
urged that--
The settlement of this vitally important question ought not to be
longer delayed.... I confidently hope, that if the claims of
contending parties be advanced ... in a spirit of moderation and
Christian charity, the adjustment of them by you will not prove
insuperably difficult.
The Governor then adroitly added--
But, should all your efforts for the purpose unhappily fail, it
will then only remain for you to re-invest the reserves in the
hands of the Crown, and to refer the appropriation of them to the
Imperial Parliament, as a tribunal free from those local influences
and excitements which may operate too powerfully here.
Both Houses, in apparent good faith, sought to carry out the wishes of
the Governor as expressed in the first part of his speech. The managers
of the scheme indicated in the latter part of the speech initiated a
totally different bill in each House, apparently liberal and
comprehensive in character, but yet objectionable in detail. Dr. Ryerson
felt this so strongly that he petitioned to be heard at the Bar of the
House of Assembly against the bill which had been introduced into it.
His request was at first granted on the 7th April, by a vote of 24 to
22, but afterwards refused by a vote of 21 to 17. After protracted
debates in the House of Assembly and about forty-four divisions, that
House sent up its bill to the Legislative Council for concurrence. The
Council struck out the whole of the bill after the word "whereas," and
substituted one of its own, and in turn sent it down to the House of
Assembly for concurrence. That House, not to be outdone by the other,
struck out the whole of the Legislative Council bill, and substituted a
bill of its own, totally different from the one first sent up to the
Legislative Council, the last clause of which read as follows:--
The moneys to arise, and to be procured and henceforth received for
any sale or sales [of clergy reserve lands] shall be paid into the
hands of Her Majesty's Receiver-General of this Province, to be
appropriated by the Provincial Leg
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