HC Deb 30 March 1840 vol 53 cc230-1
Mr. Pakington

wished to know whether the Colonial Legislature of Upper Canada had the power, under the Act of Parliament, to make allotments of the reserved lands, and whether, if they had, it was competent to them to apply those reserves to any other than the purposes of the Established Church?

Lord J. Russell

replied, that he could entertain no doubt as to the power of the Legislature of Upper Canada. This was not his opinion alone, but that conveyed in a despatch written by the Earl of Ripon to the Governor-general, and to which directions were given that the clergy reserves should be sold, and added to the Crown revenues, to make certain provi- sions, both for the ministers of the Church of England, and of other religions. That despatch was confirmed by Lord Aberdeen. He again repeated, that he had never any doubt on this subject, and he could not conceive how any one reading the act could entertain a reasonable doubt regarding it.

Mr. Goulburn

wished to know whether the Earl of Ripon, when he expressed the opinion alluded to, had had the benefit of the advice of the law advisers of the Crown.

Lord John Russell

was not aware that he had.