Che Exam

UWer.

TURE AND NEWS. -

\ WEEKLY JOURNAL OF POLITICS, LITERA

LAL EL LLL LE LIE OE A ed

EDWARD WHELAN]

This is true Liberty, when Freeborn Men, having to advise the Public, man speak free——evRiPIpEs.

eee amrere mnt natn mnmrarmranamaiminine

ee SS _

[EDITOR anv PUBLISHER.

ad

TS II

-

Vou. VI.

CHARLOTTETOWN, PRINCE EDWARD ISLAND, MONDAY,

APRIL 27, 1857.

= —- ——— <a

Colonial Legislature. ————oeoneeeeee™

LEGISLATIVE COUNCIL. Turspay, Mareh 54.

The Bill exempting Bills of Exchange, &c., from the opera- tion of the Usury Laws, and that relating to packets sailing between this Island and the Province of Nova Scotia and New Brunswick, were severally read a third time and passed.

Hon. Attorney General moved the seeond reading of the Bill td amend the practice of the Supreme Court, and to alter the time for the attendance of Petit Jurors in Queen’s County, and for other purposes therein mentioned.

Sill read second time and committed.

His Honor the PRESIDENT, on the clause defining the number of days for jury trials being read, suggested that the number of additional days after ten should be four, instead of two. As the object of the Bill was to effect the clearance of the docket, at times when the number of cases should be un- usually great, he would movo that the days be substituted for two asin the Bill. His Honor would lke to know if the Judges had been consulted on the subject of the Bill.

Hon. ATTORNEY GENERAL stated, that they had not ; and without meaning the slightest disrespect to them, he must say that he did not consider it expedient that it should be re- ferred to them, as in case it were, and they dissented from its provisions, it might appear uncourteous to them to pass it.

His Honor the PRESIDENT did not mean to intimate that the Judges had a legal right to be consulted; but regarded a reference to them on a matter of this nature as merely a mat- ter of courtesy.

Hon. ATTORNEY GENERAL stated, that the Bill had been put into his hands by some members of the legal profession, who would doubtless have consuited with the Judges, if it trenched in any way upon their privileges. '

Hon. Mr. Forgan seconded theamendiment, which was agreed to. The several clauses of the Bill were then agreed to.

The Hon. Col. Secretary brought up a Bill from the House of Assembly, entitled ‘‘ an Act to continue and amend the Free Edueation Law.”’ which was read a first time.

One or two petitions were presented and referred to the

proper committees.

—_ +7? >

Wepnespay. March 25.

The Bill to prevent frauds by secret Bills of Sale of personal property, was committed to a committee of the whole House and agreed to without amendment.

Several petitions were received and referred to the different committees.

ie a +

Tuvurspay, 26th.

The Hon. Col. Secretary brought up from the House of As- sembly ‘+a Bill for the naturalization of Lawrence Warren,” which was read a first time.

The Act amending the practice of the Supreme Court was read a third time and passed.

The Bill introduced by the Hon. Attorney General, to enable the Supreme Court of Judicature to give relief against adverse

‘stating that I consider it my duty,not only as a legislator but | as a Christian, to pursue that course which commends itself to | ‘my conscience as best calculated to repress uncharitable | | feelings, and thereby to foster brotherly love. Notwithstand- ‘ing the strong denunciations which haye been made against all those who may be opposed to the views of parties who de- ‘sire the compulsory introduction of the authorised yersion of the Scriptures, as a class-book, into our common schools, and thus do violence to the consciences of our Catholic fellow- | citizens, I collect from the words of the blessed Saviour ‘himself, that Christian charity and forbearance are our highest duties, and surely toleration—perfect toleration—is one of its ‘most essential parts. The Apostle Paul urged strongly the duty of toleration, when he impressed upon his Asiatic con- _verts the expediency of yielding even to the prejudices of their “unconverted fellows, that they might not offend the brother- |hood—that they should not, by an obstinate opposition to | forms, obstruct the onward progress of Christianity. 1 repeat, 'your honors, that in adyocating and acting upon the aatat (of toleration to all, Ll am acting in compliance with the ob- | ligation imposed upon me asa Christian. I will now consider the question in my capacity as a member of the Legislature ‘and of the Government, and [ ask, your honors, if it is not the paramount duty of a Legislature and of a Government to preserve the peace and harmony of the community? In | order to shew to your honors the unnecessary character of the alarm which had been excited on this subject, I will request your attention to the following extract from the Circular 'which was issued by the leaders in this movement to the | different Protestant Ministers in the Island :—

| «<The times imperatively demand some decided and vigorous ‘action to be made by the Watchmen on the walls of Zion, and , by every friend of Biblical instruction throughout the Island, }unless they are willing to see, step by step, every vestige of their liberties as Christians, and of their rights as British subjects, swept away from them.

** You will please direct the attention of your respective congregations to the subject in this letter, and, if vossible, | bring down with you sume efficient, right-minded laymen |of your body, to take part in the proceedings at the public meeting.’’

Now, I ask, your honors, what foundation exists forsuch state- ments? What facts can be referred in justification of them ? I trust that if Protestant rights were invaded, I should not be found more backward than others in resenting the aggres- sion, and I feel assured that I express the feclings of pour honors, when I emphatically characterise the extract as a baseless misrepresentation. As a member of the Board of Education, I am anxious that the real state of the case should go forth to the public. The facts are briefly these :—The Roman Catholic Bishop, impressed by some imaginary pros- ects of evil, writes a letter to the Secretary of the Board of ducation, who acknowledged its receipt and laid it before the Board at its next usual meeting. The Board directed investi- gation, und an answer was returned to the Bishop, which showed that the allegations in his letter were based on a mis- representation of facts, and there the correspondence ter- minated. What, I ask your honors, is there in all this to justify the idea that the rights of the Protestant population in the Colony were sought to be invaded? or that they were

claims made upon persons having no interest in the subject of| not safe in the keeping of the calumniated Board of Educa-

such claims, having been read a second tame—

tion? In furtherance of the views of those who have excited

The Hon. ATTORNEY GENERAL, in moving that it be} this clamor, a press has been established—this, your honors, referred to a committee of the whole House, explained that|is to mea subject of regret ; for however sincere and well-

the Bill was a transcript of the Imperial Act 3 Will. 4, by which it was provided that parties in possession of property in a ministerial or representative character, to which adverse claims were made, should be protected from the consequences of those claims, the justice or validity of which they had no means of ascertaining. Asan instance of the evils which the

intentioned some of the parties controlling it may be, ] cannot but consider a journal of a sectarian character, as an instru- ment powerless for good, but strong indeed for evil. In this Island, 1 am happy to believe, that the good sense of the /majority of the people will, to a great extent, neutralize the evil effects of religious rancor, and to a great extent the ex-

Bill was intended to obviate, let their honors take the case of| citement and agitation on this subject has already subsided.

a Sheriff, whose duty, under a writ of Fiert Facias, might render it incumbent on him to levy on certain property pre- sumed to be owned by, and notoriously in the actual possession of, the party against whom the writ issued. He levies gna ship, generally, supposed to be the property of the defendant, when a Bill of Sale from the defendant is produced, purporting to have conveyed his interest in the property levied on to some third party. In such a case, under the present state of the

But such is not the case elsewhere ; and J regret that, not- withstanding the assertion that this agitation was unconnected with politics, 1 read a few days since a purcly political attack upon Departmental Government ; and in the very last issue, [ find a gross attack upon the Legislature in connection with this very subject. And to shew how transparent is the veil which covers, but conceals not, the political element which is the main-spring of the movement, I will read to your honors

law, the Sheriff has to decide, on his own judgment, on one of} the following extract :—

two courses, either to retain the property on which he has levied, or to abandon it, in which latter case, he virtually ad- mit$ the validity of the documentof transfer. In either case he becomes personally responsible for the result, a state of affairs of which he had no means of judging. Does he abandon his levy on production of the document purporting to transfer the property? The plaintiff brings his action against him. Does he refuse to act on the assumption that the Bill of Sale is genuine and dona fide, and consequently retain possession and proceed to the disposal of the property seized, straightway the holder of the Bill of Sale or other transfer of the property drags the Sheriff into Court, for illegally taking and desvosthg of -his pnagetlp. Under cireumstances such as these, what course could a Sheriff pursue? He had no means of forming any judgment, as to the right of either party to the property but was liable to the consequences of his action whichever course he adopted, accordingiy asa Jury might find the pro- perty in the defendant to the original suit or the party subse- quently claiming it. In this county, last summer, a very strong case, as illustrating the necessity which existed for the enact- ment of a law similar in principle to the one now before the House, came before the Supreme Court. In the instance to which he referred the Sheriff had levied on some: household furniture. A Bill of Sale of that furniture was produced and the Sheriff having no judicial means at his disposal whereby to test the validity of this instrument, proceded to sell the property. An action was subsequently brought against the Shenff by the holder of the Bill of Sale, the dona fide character of which haying been found by a jury, the Sheriff was thus rendered liable for the consequences of his proceeding according to the best of his judgment. Hon. Attorney Genera] bad reason to believe that, in the instance he had cited, the officer had been indemnified, but that cireumstances had not nor ought to have any referenee to the principle on which the present measure was based, viz., the protection of disinterested parties from the consequences of compelled official action.

After the Bill had been gone through in committee, clause by clause, the Hon. Attorney General moved that progress be reported, in order that he might have an opportunity to add a clause or two.

The order of the day for to-morrow, viz., the second reading of the Education Bill, was postponed to ‘Tuesday next. =

— >

Tvrspay, March 30. THE DIPTE QUESTION.

Hon. COLONEL SWABEY, in moving the order of the day, that the House go into Committee on the Education Bill spoke as follows :-—~-In rising to address your honors on this subject, | admit that I do so with some anxiety, arising from the knowledge of the agitation which has been excited with the Wiew of influencing our conduct as legislators, in

ealing with this measure ; but I feel no uneasiness as a mem- bet of the Government, the conduct of which, with reference to this subject, I feel assured wil} not be misunderstood by the bulk of the pe of the Island. There are too many ex- amples around us of the evil consequences of religious differ- ences In & community. In Nova Scotia a truly deplorable 0 = affairs has sprang from the eyil spirit of religions a eal is the duty of this and every other Govern- adore 90 he hydra-headed monster; and when I con- ford } Mes 5 peaceful state of the community, the absence any striie of creeds, I hayé no hesitation, your honors, in

‘* And we much mistake the Protestant feeling of the majority of the inhabitants of this Island, if the disregard shown to their ‘* well understood wishes’”’ by their Representatives, be allowed to pass with impunity. We believe that the Protestant constituency of this [sland wil] not fail to mark with indigna- tion, and toremember until the next reckoning day at the polls, the recent action of those truckling politicians, who, recreant to the high principles of Protestantism, have been controlled by motives of political partizanship, manifestly treating this great question as being secondary to party considerations ; or who in their neediness, wou!'d sell their own and their country’s highest birthright for a mess of pottage.”’

Nowy your honors, I would ask, what can be more imbued with the spirit of party politics than this? What can be more gross than such an attack onthe character of the Legislature? The petitions on the subject are numerously signed, and J do not doubt for one moment the sincerity of the petitioners, whose applications I would treat with all respect; but [ have no hesitation in declaring, that they have been misied—that their feelings have been excited hy a misstatement of the fact. As to the Board of Education, it decided to leave the present system, against which, until the recent agitation, no objections had been urged. unchanged, in a matter so important. There ig one point connected with this question, to which I wish to direct your honors’ attention, it is the apparent disclaimer of any wish to render the reading of the Scriptures in the common schoo!s compulsory. This may be an after thought on the part of some of the petitioners; but | can assure your honors, that at the Board of Education the avowed object of the advocates for their introduction wes, that the Scriptures should be made a class-Look, which necessarily meant, that there should be no option as to the user or non-ueer of the sacred volume; but that it would be equally obligatory on the teacher to impart lessons in the sacred volume, as in any other which the order of the Board had brought or might bring under the designation of aclass-book. And,I was told at that Board, that inasmuch /as Protestants were in a numerical majority, they should force the use of the Scriptures as-a class-book. Now, I trust your honors, that there is among the Protestants of this Island too generous a spirit, to allow the fact of what may be only a tem- porary superiority in numbers, to so influence their judgments as to induce them to do violence to the religious feelings of the minority, Such conduct is not consonant to my feelings ; and, I fee] assured that it will meet but small approval from your honors. Such arguments should have no weight in any Christian community, the paramount duty of the rulera of which should be to render the people happy, and to see that | the religious opinions and feelings of all classes ere respected. _ Let your honors consider for a moment the consequences of a deviation from this principle, in the case of the Huguenots in France, what shocking scenes of blood and extirpation fo!- lowed in the wake of a majority tyrannising over the religious | ;convictious of a minority. The answers to the questions re-| | lative to the use of the Scriptures in the schools of the Island, j which were received from the various teachers to whom the | Circulars had been addressed by the Doord of Education, which answers [ laid before your hanors a few days ago, | have read with attention, and the result to my mind is a de- cided conviction, that it is impossible in view of the con- _ linuance of any system of eomman schoo! education in this | Island to adopt the change songht for by the petitioners, and | ‘that it is imperatively necessary to leave the action on the eub- | ject of the Scrip ures in the schools t. the voluntary option of;

the people as at present, otherwise the

sand schools make use of the Holy Ser ptures.

EE

utterly nugatory. I recollect, your honor, when the Hon. | Mr. Holl, formerly a member of this House and of the Govern- ment of the day, a gentleman for whom personally “I entertained a high respect, differed with me on this question. His opinion was, that the reading of the Scriptures in the schools of the Island should be rendered obligatory, and he introduced re- solutions to that effect. He requested the visitor of schools to give him statistics, shewing the extent to which they were used. The result of the whole matter was, the conviction in Mr. Holl’s mind, that the Bible was more used when its use was not the subject of legislation. I trust, your honors, that the spirit of the resolution, agreed to by the Board of Education, will be endorsed by this House. This is not the first time, when a temporary ebuilition of feeling has been elicited, in order to influence the action of the Legislature. Some of the parties to those petitions are, no doubt, sincere in urging the adoption of their views, others are influenced by political motives; but, your honors, the impressions which gave rise to this agitation are rapidly dying out, because they were based upon misrepresentation. Why then, f ask, your honors, should the peace of the community be needlessly distarbed ? Why should we be asked to call! into existence, and to perpetuate bad feelings in our midst? As to a}l the scriptural education which would be imparted amid the distractions of the common echools, would not, I consider, be of much practical value; but the connections formed between those who are fellow- pupile, who daily meet for instruction in the same class or under the same roof, influence the whole after life, and elevate the social and moral character of society, by carrying into man- hood and old age the kindly assoiations of childhood. I cannot, your honors, whil¢ | entertain those opinions, sanction a measure calculated so pre-eminently to cause a sundering of such ties, end thus introduce the apple of discord into this Colony. 1 weuld ask, your honors, if you should purpose any alteration in the Billy what you would have to enact? First, we have been requested to make the Bible a class-book. If that be sanctioned, how is it to be used? Would the children of Catholic parents be allowed to hear a Protestant expound it? And, on the other side, 1 ask, would Protestants suffer a Catholic to be the imparter of religious instruction to their children? Inmy opinion, your honors, the real place at which a child is most likely to derive spiritual benefit from the Scriptures, is at the bearthstone of a pious father and the knee of a pious mother, whose examples ijjustrating the divine pre- cepts which fall from their Jip, are the potent means of “training up a child in the way it should go.” As a Pro- testant parent, | have no hesitation in saying, that | would not confide to every Protestant teacher the authority to impart scriptural information to my children, so wide are the differences between the various denominations of Protestants.. In con- cluding thee observations, [ wish to repeat, that my objection is to the compulsory element sought to be introduced into the Bill: and on this point, | think, that the resolution of the Board of {ducation will satisfy the public mind—that our duties as legislators and our obligations as Christians, indicate plainly the course we ought to pursue in this matter; and, in moving the second reading of the Bill, | shali detain your honors no longer than by saying, that the differences between the pre- sent and the Jast Bil are merely regniations as to minor details.

Hon. ATTORNEY GENERAL.—I am glad of an opportunity to offer a few remarks on the subject of the Bible in the Schools, and to repudiate the charge which has been injustly cast against the Board of Education, of being indifferent to this important subject. Speaking individually for myself, I can sincerely say that I feel deeply the importance of the question, and the responsibility which would justly rest on any person entrusted with the adminis- tration of the Government or the educational department of the. country, who should heedlessly or wrongfully exclude the religious element from the system of public Education. But when we come to apply the relizious element to the education of a people composed of differing denominations and persuasions, great difficulties present themselves. The country is not rich enough to support separate schools, the childrén of all deriominations must necessarily therefore be combined under one system. And here the difficulty is felt. How is the religious element to be applied in such a case ? It has been remarked that, under the mixed system, if we attempt to make the religious teaching sufficient, and what it onght to be viewed as religious teaching, we cannot do so without invading the rights of conscience ; and if, on the other hand, we wish to respect the rights of conscience, we are com- pelled to make it scanty and defective. This is the acknow- ledged evil of a mixed system, that it precludes an efficient system of religious teaching, or rather that which we ourselves would term efficient. But failing what we consider to be an efficient system, we are nevertheless bound to approach as near to it as possible, and under all the circumstances of our situation, I must say, that I consider the system in that respect laid down by the Board of Education in administering the Education Act, is the proper one on the subject of the Bible, and the one likely above any other to promote the religious instruction of all denominations, both Catholie and Protestant. It is that which is commonly termed the permissive system, similar to that adopted some few years ago, and I believe still by the National Board of Education in Ireland, with eminent success. It permits the use of the Bible in the publie schools to the children of those parents who desire it, but is opposed to any compulsory regulations on the subject, and every attempt to interfere direetly or or indirectly with the peculiar tenets of any body of Christians, The difficulty of enunciating any specific rule for the guidanee of mixed schools on the subject of religious instruetion, is indeed great, but cannot perhaps be fully appreciated except by those in charge of the Educational Department, when called upon to frame them. We have the experience of Ireland and other countries before us to prove, that attempts to enforce specific rules have frequently foiled and defeated the objects they were intended to advance. ven in England it seems now to be pretty generally admitted that the permissive system is the only practicable one in a mixed community. Not longer than a month or two ago Sir John Pakington (before then a steady supporter of the party who advocated |

Commons, acknowledged his mistake, and moved for and ob- | tained leave to bring in a Bill, recognising the permissive system, at the same time adducing numerous instances to prove that a permissive system has proved more successful than a compulsory or any other one in other matters as well as religion. An hon. member (Mr. Aldouse) has just put into my hands a statement, that the permissive system is in force in Canada, and under it two thousand out of three thou- Man will not be foreed, but give him leave to use or neglect a privi- lege at his own free will and pleasure, and he will almost always avail himself of it. I cannot do better than refer your honors to Sir J. Pakington’s speech on this subject, de-| livered on the occasion alluded to, and in doing so I must

express my wish, that in discussing such matters on this side!

jof the Atlantic, parties would exhibit a little more of that

spirit of moderation and Christain cousideration for the, feelings of these who differ frow them, which characterize’

the speech of the right hovorable baronet. The Board of|

compulsory religious teaching), publicly, in the House of

ducation Act will be| Education has been accused of prohibiting the use of the

Bible in the public schools, and this idea has been sedulous-

ly propagated in the various distriets of the Island, I deny

the accusation; the returns from the different schools in the

Island prove how untrue this is. ‘fhe Board of Education

have declared that they have permitted, and will permit the

Bible to be used by those children whose parents desire it,

and the returns show that in nearly one hundred out of the

schools fo the Island, the Bible is daily used. Thus, Catho-

lic and Protestant, by the exercise of mutual concession and

forbearance, are educated peaceably together, each enjoying

their own religious instruction, without offence ‘to the other,

and in harmony and good will; and I trust that this principle

may be daily extended, and more schools be daily added to

the list of those whose occupants avail themselves of this

permissive right. This system, too, is eminently applica-

ble to the Normal School, and will, [ trust, be extended te

it. Our system will now be, I believe, the same as that im

force in Lreland in the year 1854, as I gather from the re-

port of the Irish Educational Commissioners for that year.

But then [ am told that the Irish National School sytem

has been termed in this Island “ the most corrupt on the face of the earth.” If thisis so, it seems strange to me that it should have received the support, countenance and approval

of so many eminent and pious men as it hasdone. The Lord Bishop of Limerick, (a Protestant), in a speech deli- yered in the House of Lords on the 7th day of May, 1853,

‘on the subject of the National Education system of Ireland, made use of the following remarks :-—“ From his experience of that system, he felt justified in saying, aud he did so with the utmost integrity of purpose and of feeling, that there was no system of Education so well adapted to the people of Ireland as the National System. He did not mean to say that as a Protestant minister he would, had a choice been in his power, have selected that system for his own people in preferenee to some others; but he did mean to state that, taking into consideration the circumstances of Ireland—the di- visions that prevailed among its inhabitants upon the subject of religion—the various religious sections, into which they were separated—no system could have been devised which would have answered the exigencies of that countryso well.” The Bishop of Norwich, also a Protestant, on the same occa- sion stated, that the conclusion he had come to was, “ That of all the Legislative boons conferred upon Ireland, since her Legistature had been one with that of Great Britain, there bad been no boon so great or capable of produciug such great results as that of the establishment ot the present system of National Education.” The Archbishop of Dublin, a Protestant, in a speech delivere@ in the House of Lords on the subject, also commended the system, being, as he remark- ed, “ convinced that a very large portion of the objections which had been raised to the system of education laid down in the National schools, arose from a misapprehension of many particulars, and from a very incorrect use of language. He believed that many Protestants laboured under the im- pression that the Scriptures were excluded from these schoo!s. Now, to speak plainly, this was not a fact. The Seripteres were only excluded in this sense, that the teacher was not permitted to force religious instruction upon avy adult stu- dent, contrary to his religious convictions, or upon any child, contrary to the religious convictions of its parents.” Tho Bishop of Down and Corma, likewise a Protestant, spoke approvingly of the system, and stated that he could not see his way to make any change in it.

I could cite commendatory remarks on this system uttered by other pious and eminent men, both Protestants and Catho- lies, if [ thought it necessary, but with the testimony be‘ore me to its excellence of Archbishop Whately, whose firm fidelity to the Protestant faith has vever, I believe, been dis- puted, and of the other Bishops of my own Church, which L have read over, and all acquainted with the practical workings and results of the system, I cannot accept the de- claration made in this Island, that it is “ the most corrupt on the face of the earth,” although made by a gentleman for whom I entertain feelings of the strongest friendship, and whose piety, sincerity and excelleut intentions, having loug known, [ respect and acknowledge. A large number of the Protestant clergy of this Island have expressed themselves strongly on the subject now before us, and I own I have felt much pained by many of the remarks made by them, which tend to fasten unjust blame upon the Board of Mducation for the course pursued respecting the use of the Scriptures, I have stated to, and I trust satisfied you, that the Board of Education have no wish to prohibit the use of the Bible by those children whose parcnts desire them to read it. Such a desire has been improperly attributed to them; and, speaking for myself, with the views I entertain of the vast importance of religious instruction, T can conscicntiously state that I never had such a wish. But I do .not now seek to make any charge against those who have endeavored to cast blame on the Board of Education; L am on the contrary willing to allow (for I should be sorry to think otherwise concerning so many whom I believe to be good men), that they were only acting from conscientious motives, and with agenuine desire to promote what they believed to be pare religious instruction; but I claim from them like considera- tion, I, as well ax they, acknowledge and feel the itmn- portance of religious instruction ; we ovly difier as to the means of securing it. They say the Scriptures shall be read dajly in the schools where the parents think it fo be a neces- sary part of Education, (for this is the eflect of the resolution proposed in the House of Assembly, and meagre cnough it is), 1 say, simply permit them to be read by the childieu of those parents who desire it as heretofore under the regula- tions of the Board of Education ; and 1 believe that under the latter system, (whieh is that now in force}, the religious clement will prevail to a greater extent In the schools than under tae former, and that without doing injustice to the religiousgviews of any party. I think it would be unwise in the present state of aroused feeling in the country to attempt legislation on the subject, for it would certainly be viewed as an attempt at compulsion, put tin what form you please; and I hold that the present porition taken by the Board of Education should satisfy all parties except those who really desire to make use of compulsion. I think it would not be a difficult matter to show that the wording of the resolution submitted in the other House would have ren- dered it, in a majority of cases, inoperative, and defeated its avowed object; but 1 will reserve any further remarks on this subject until the House takes up the consideration of the teport of their own Committee. I view this question totally irrespective of political questions. When discussing it, polities should be forgotten ; for the subject of religious education is of too grave importauee to be merged with the comparatively iusignificant questions which frequently array one party against another.

Louw. COLUNML SWABEY would add, that there bad

ote thes

age Man

ican. tee ATT GE! PLES EM

Fie

s:; Me pig