islature for religion and
education.

The bill thus constructed needed but the alteration of the last five
words to adapt it admirably to the object and purpose of the Church
party. The Legislative Council, therefore, changed the concluding words
in the last clause into the words "Imperial Parliament for religious
purposes." In this apparently simple way, but in reality, fundamental
manner--and without any attempt at a conference between the Houses, with
a view to adjust differences--the Legislative Council, taking advantage
of a comparatively thin House of Assembly, made the desired change on
the last day of the session. By adroit manoeuvring the agents of the
Church party carried the bill in the House of Assembly thus altered. In
this way they succeeded in destroying the whole object of the bill, as
passed by the House of Assembly. Sir George Arthur, in his despatch to
the Colonial Secretary, virtually admitted that the passage of the
altered bill was due to the fact that it was carried in the House of
Assembly by a majority of one vote [22 to 21], in a House of 44 members,
and at a late hour on the night preceding the prorogation!

Such were the discreditable circumstances under which the bill
re-investing the clergy reserves in the Crown was passed. It, however,
required the assent of the Queen before it became law. This it was
destined never to receive, owing to a technical objection raised in
England in the following October, that such a delegation to the Imperial
Parliament could not be made by a subordinate authority. This defeat,
however, proved to be a moral victory for the vanquished, as it gave
them time for farther deliberation; it incited them to greater caution
in their mode of warfare, and induced them to adopt tactics of a more
secret and, as it proved, effective character.

FOOTNOTES:

[104] In the _Guardian_ of September 19th, 1838, the question is put in
this form and discussed: "Why do you not appeal to Her Majesty's Privy
Council, or to the High Court of Parliament instead of appealing to the
public here?" The answer was conclusive.

CHAPTER XXXII.

1839.

Sir G. Arthur's Partizanship.--State of the Province.

The bill for revesting the clergy reserves in the Crown barely escaped
defeat (as just mentioned) in the House of Assembly, on 11th May, 1839.
On the 14th Sir George Arthur sent the bill to Lord Normanby (successor
to Lord Glenelg) for Her Majesty's assent, with an elab