5. Into the discussion of the claims of the Church of England in Upper Canada, two questions entered, which were important factors in the case. Both sides thoroughly understood the significance of either question as an issue in the discussion; and both sides were, therefore, equally on the alert--the one to maintain the affirmative, and the other the negative, side of these questions. The first was the claim that it was the inherent right of the Church of England to be an established church in every part of the empire, and, therefore, in Upper Canada. Both sides knew that the admission of such a claim, would be to admit the exclusive right of that Church to the Clergy Reserves as her heritage. It was argued, as an unquestionable fact, that the exclusive right of the Church of England in Upper Canada to such reserves must have been uppermost in the mind of the royal donor of these lands, when the grant was first made. The second point was, that the admission of this inherent right of the Church of England to be an established church in Upper Canada, would extinguish the right of each one of the nonconformist bodies to the status of a Church. It can well be understood that in a contest which involved vital questions like these (that is, of the exclusive endowment of one Church, and its consequent superior status as a dominant Church), the struggle would be a protracted and bitter one. And so it proved to be. But justice and right at length prevailed. A portion of the Reserves was impartially distributed, on a common basis among the denominations which desired to share in them, and the long-contested claims of the Church of England to the exclusive status of an established church were at length emphatically repudiated by the Legislature; and, in 1854, the last semblance of a union between Church and State vanished from our Statute Book.[30]--J. G. H.
_Dec. 18th, 1830._--In the _Guardian_ of this day, Dr. Ryerson published a petition to the Imperial Parliament, prepared by a large Committee, of which he was a member, and of which Dr. W. W. Baldwin was Chairman. In that petition the writer referred to the historical fact, that, had the inhabitants of this Province been dependent upon the Church of England or of Scotland for religious instruction, they would have remained destitute of it for some years, and also that the pioneer non-Episcopal ministers were not dissenters, because of the priority of their existence and labours in Upper Canada. The petition, having pointed out that there were only five Episcopal clergy in Canada during the war of 1812, and that only one Presbyterian minister was settled in the Province in 1818, declared that: