CCHA, Report, 20 (1953), 37-48
Haliburton and the Uniackes:
Protestant Champions of Catholic Liberty
(A STUDY IN CATHOLIC EMANCIPATION IN NOVA SCOTIA)
by
Sister MARY LIGUORI, S.C., M.A.
Greatness is
of the essence of man. Man’s recognition and development of all that is good in
life nurtures the seed of greatness implanted by his Creator, and brings it to
fulfillment. As the Godhead gives of Itself to man, so man must in his turn
share his powers with his fellowman. Only the truly great can share,
unselfishly, perseveringly. Since he is a social being, unless he shares,
the seed remains dormant. The truly great man is characterized by devotion to
duty, freedom from prejudice, hatred and selfishness – all of which adds up to
love for one’s fellowman.
Every
country has produced its great men and Nova Scotia is no exception. What is
amazing is that so young a province as ours could produce, so early in its
history, men of such stature as Thomas Chandler Haliburton and the Uniackes,
Richard John, senior, and his son, Richard John. All three stand for devotion
to duty in the political sphere – a sphere, which, because of personal
ambition, petty rivalry, and love of power for its own sake, is not often
productive of truly great men. Of them, Nova Scotia can justly be proud, for it
was they who were largely responsible for expunging from her legislation,
unjust laws bred in the religious hatred and prejudice of the so-called
Reformation.
In Richard
John Uniacke, senior, born November 22, 1753, in Castletown, in the County of
Cork, Ireland, our province found a son who loved, admired and faithfully
served his adopted Nova Scotia. At the age of twenty, he left Ireland and went
to Philadelphia, by way of the West Indies. A Swiss landholder of Nova Scotia
visiting Philadelphia in search of settlers for his land around Fort
Cumberland, was struck by the figure of this youth disembarking from the West
Indies. A contract was made between the two and Uniacke consented to go with
him as clerk to the proprietors of the land. At twenty-one he married the
daughter of his employer.
In 1782,
Uniacke became Solicitor-General of Nova Scotia and in the following year was
elected to the House of Assembly for the Township of Sackville. Like Haliburton
after him, he became a leader among politicians.
In 1789, he became Speaker of the House. In 1797, he became Attorney.
General of Nova Scotia. In this office he remained for thirty-three years,
until his death. In 1808, he became a member of His Majesty’s Council.
Appointment to this Upper House did not make him abandon the cause of the
people. In 1815, he retired to his country residence at Mount Uniacke. A devout
and practical Christian, sincerely attached to the Church of England, Uniacke
was prepared to treat other denominations of Christians with equal respect. That
this was his philosophy of life is apparent in the latter part of this essay.
As
“nobleness enkindleth nobleness,” so the father passed on to his third son,
also Richard John, his unprejudiced views. In his political career, the son
took up the cudgels for religious liberty, where his father had left off. It
was he, who in the final steps of emancipation raised his voice with Haliburton
in favor of Catholics.
Let us look
for a moment at our other champion of religious liberty. A native of Windsor,
Nova Scotia, Haliburton was born December 17, 1796. To many he is known
principally as the creator of Sam Slick; but his sphere of influence was much
greater than that. He was thought by some to be the ablest author and the most
profound thinker that the Colonial Empire had to that time ever produced.
Called to the Bar, he practised at Annapolis Royal, former capital of Nova
Scotia. Elected as representative in the Provincial Legislature for the old
County of Annapolis, which included the townships of Dighy and Clare, he
attained immediate prominence in that body. Though himself a staunch
Presbyterian, he was very popular among his French Catholic constituents.
Between him and them a firm bond of mutual confidence existed. This admiration
and confidence voted him by his electors, he reciprocated in a marked degree.
He was the
first public man, who, in a British Legislature (that of Nova Scotia),
successfully raised his voice in protest against Roman Catholic disabilities.
Haliburton was raised to the bench of Common Pleas of the county in 1828 and
became judge of the Supreme Court in 1840. In 1850, Haliburton retired from
politics in Nova Scotia and moved to England, where he died in 1865. Plautus'
motto: “To be mindful of his duty, is the highest honor of an upright man,” was
also his motto and reward.
Let us turn
back for a moment the pages of our provincial history to review what drastic
changes had been brought about in a land, whose first settlement had brought
with it the legacy of Catholicism, that Protestant champions such as Haliburton
and the Uniackes need espouse the Catholic cause.
Catholicism
was Acadia’s Christian birthright. In the dawn of the seventeenth century,
French missionary efforts were directed along the northeastern shores of the
Atlantic. De Monts, though himself a Huguenot, was sponsored in his first
permanent settlement of Port Royal, by Henry IV, for the specific purpose of
promoting Catholic interests in Acadia. Priests accompanied this and all
subsequent expeditions thence. De Monts’ colony was early destroyed by a
Virginian piratical party under Captain Argall. Though restored again, it met
the same fate, though this time it was not utterly devastated. In this period
the English never followed up their raids .by settlement,
hence the religion of the colony remained unchanged. In 1632 Isaac de Razilly
was appointed commander of Acadia. This man gave a great impetus to Catholic
colonization by establishing the Knights of Malta in Acadia. The forty families
brought out by de Razilly, twenty more brought out by his successor, D’Aulnay,
sixty persons settled by Grande Fontaine in 1671, as well as two or three
Scotch families, remnants of Sir William Alexander’s project, who had remained
in Acadia with the French, form the ancestors of the Acadian people. The census
of 1671 shows 441 inhabitants in Acadia, mostly living in Port Royal. The
growth of the Church kept steady pace with that of the colony, so that by 1686,
when the Bishop elect of Quebec visited Acadia, he found nearly all the Indians
already converted and Catholics settled along the whole coast from Maine to
Gaspé. Thus was the Catholic faith firmly established in our province and clung
to tenaciously by the Acadians.
But Nova Scotia’s birthright was threatened
from earliest days. To the Puritans of New England, religion was a dominant
force. In the New England mind, Acadia was associated with the menace of French
Catholicism. To them, fishing and trading gains in Acadia were only secondary
to the crusading spirit of the Puritan, out to destroy Popery. In the raids
consequent on this policy, Acadia, ever the step-child of French colonial
policy, received no help from France, while each raid left French grasp on the
country weaker. This campaign against “papists and idolators” seemed to have
been won in 1710 with the final capture of Port Royal.
The Treaty of Utrecht, which introduced the
legal beginnings of AngloAcadian history, was the real Acadian tragedy, of
which the expulsion was only the climax. To unsuspecting French Acadia, which
had been the pawn in the international rivalries of France and England for so
long, it seemed merely another treaty which would soon be repudiated. But this
time, it was not so ! Its term left little to be hoped for for Catholicism. By
the fourteenth Article of the Treaty, it was agreed:
that the subjects
of the King of France may have liberty to remove themselves within a year to
any other place, with all their movable effects. But those who are willing to
remain, and to be subject to the King of Great Britain, are to enjoy the free
exercise of their religion, according to the usages of the Church of Rome, as
far as the laws of Great Britain do allow the same.
The last clause
destroyed any good there might seem to be implied. The “laws of Great Britain”
at that time made no concessions to “papists.”
Beginning with this treaty, a slow process
of protestantizing set in, which culminated in 1759 with the establishment of
the Church of England as the religion of Nova Scotia. The highlights in this
protestantizing project were the active anti-Catholic campaign of Governor
Shirley of Massachusetts about 1741, the founding of Halifax in 1749, and the
expulsion of the Acadians in 1755. Let us comment briefly on these, so that we
may get a complete picture of how Nova Scotia’s birthright was threatened.
Governor Shirley’s plans for anglicizing
and protestantizing, outlined for the Board of Trade, and endorsed by Captain
John Morris, represented no half-measures. Protestant settlers were to be
scattered among the Acadians; Popish priests were to be expelled; Protestant
English schools and French Protestant ministers were to be introduced;
intermarriage was to be encouraged, so that a later generation might not
conform to “popish” practises; privileges were to be given to such as conformed
to these Protestant ideas and sent their children to the English schools. The
Treaty of Aix-la-Chapelle, giving Louisbourg back to the French, dampened these
New England plans; but the founding of Halifax was a hopeful sign.
At its founding in 1749, approximately
2,500 English settlers emigrated to Nova Scotia. By 1752, the population had
arisen to 4,000. This serious attempt to colonize Nova Scotia with Protestant
settlers had brought a tide of emigration from Great Britain and Germany to
supplement the stream of settlers from New England. McInnis, in his Political
and Social History of Canada, says of it:
This colonization
was a deliberate effort to overbalance the original French Catholic population
and the problems presented by that population now became a matter of serious
concern to both British and colonial authorities.1
But in spite of all efforts of the English to
weaken Catholicism, the Acadians clung tenaciously to the faith. Persecution
only intensified it; steadfastly they refused to take an unqualified oath of
allegiance to the British Crown. Certainly they could not be expected to take
up arms against their own countrymen. As Stoddard says: “those hostile to them
call it obstinacy; those who admire them name it patriotism.”2 Governor Lawrence
considered them a military danger while they held to this traditional attitude.
Strengthened by the presence of New England troops in the province at the time,
instructions were sent out to the various military commanders at Cumberland,
Minas and Annapolis for their expulsion.
Some six thousand Acadians were scattered
over the Atlantic seaboard from Massachusetts to South Carolina. It was a far
cry from the first sign of religious antagonism in 1613 to the deportation of
the Acadians in 1755, but what persecution could not quench, expulsion was made
to do. Only physical removal of those in whose hearts the Faith of our Fathers
burned, could pave the way for a shackled Catholic population in Nova Scotia.
Unjust laws were the means; before their abolition was possible, Nova Scotia
and Protestantism had to produce great men of the calibre of T. C. Haliburton
and the Uniackes.
If Nova Scotia’s birthright was threatened
by these various projects, it was lost with the forming of the first
Representative Assembly. In 1758, Louisbourg, symbolic of the weakness of
French colonial policy, finally fell to the English. The Assembly was convened
in the same year. The stringent laws enacted by this first Assembly bore
evidence to one of its purposes the stamping out of Catholicity in Nova
Scotia. The province now became distinctly British in sentiment and politics.
One of the first moves of the infant legislature was directed at rendering
Catholics propertyless. The Act to “confirm the titles in the land,” contained
this drastic clause:
Provided that no
Papist hereafter shall have any right or title to hold, possess or enjoy, any
land or tenements other than by virtue of any grant or grants from the Crown,
but that all deeds or wills, hereafter made, conveying lands or tenements to
any Papist, shall be utterly null and void.3
Likewise, any claim
made by the Acadians to land which they had possessed was illegal.
The companion Act to this, passed in the
following year, was even more violent. This was the Act for the Establishment
of the Church of England and for the Suppression of Popery. By it
the sacred rites
and ceremonies of divine worship, according to the liturgy of the Church
established by the laws of England... to be deemed the fixed form of worship
among us and the place wherein such liturgy shall be used, shall be respected
and known by the name of the Church of England as by law established.4
The law further
enjoined that:
Every Popish person
exercising ecclesiastical jurisdiction and every popish priest or persons
exercising the functions of a popish priest, shall depart out of this Province
on or before the twenty-fifth of March, 1759.5
Non-conformity with
this law meant perpetual imprisonment. Heavy fines were levied on those who harboured
priests. An Act of 1766 struck the heart of the future generation. This
Education Act forbade Catholics to set up or conduct schools, under penalty of
fine or imprisonment.
What portion of the population of Nova
Scotia suffered from these penal laws? As we have seen, some 6,000 Acadians had
been deported in 1755. Some others had, however, escaped expulsion, and had
remained secretly Catholic. Many of those who had been driven out, were soon
drifting back to their own homelands. In the period from 1758-1790, about 360
Acadian families returned from the Isle of Miquelon to Cape Breton and eastern
Nova Scotia. Besides, there had been some Irish and Scotch Catholic
immigration. By 1760 there were nearly one hundred English-speaking Catholics,
mostly Irish, in the City of Halifax. In 1783, the Scotch Catholic soldiery of
the 84th Highland Regiment disbanded at Halifax and settled in various parts of
eastern Nova Scotia.
Slowly, every step of the way had to be
retraced to recapture the lost birthright. The interplay of several forces was
to bring about the desired effect. Relief came first from an unsuspected
quarter. The sons of the forest had been converted to the Faith. They could not
be prevented from practising their religion and they could intimidate the
English into listening to their demands. Their demand for a priest brought them
the worthy Abbé Maillard whose influence over the Indians, so pleased the
English, that he was invited to Halifax and granted a pension of Ł200. He was
the only priest tolerated in Nova Scotia in 1759. As a further result of his
influence, greater liberty of religion was given him and the Irish Catholics of
Halifax. At his death in 1762, Protestant ministers made fruitless attempts to
proselytize the Indians. Until 1766 they were without a missionary. For ten
years, the missionary work among the Indians was intermittent, but after 1777,
they were never without a priest.
Largely through the agitation of the Irish
Catholics of Halifax, partial repeal of two of the obnoxious laws took place in
1783. These were the laws concerning land, and that which prevented priests
from exercising their functions. These repeals paved the way for equality for
Catholics before the law. The year 1784 marked the beginning of the Church in
Halifax City, under the auspices of Father Jones. His successor, Rev. Edmund
Burke, achieved much in the field of education.
Another factor instrumental in the
breakdown of bigotry and prejudice, was the founding in 1786 of the
non-sectarian society, known as the “Charitable Irish Society.” Richard John
Uniacke, Sr., was its “founder” and first president. In this Society, Catholics
and Protestants alike mingled with high officials of the government in intimate
social intercourse. This intermingling bore its fruit. Both Fathers Jones and
Burke were members. Much of the stigma of the penal laws disappeared in the
resulting intercourse. Richard John Uniacke, Jr., followed his father’s lead
and became president of the Society in 1819, 1820, 1821.
The outbreak in Europe of the French
Revolution was yet another contributing factor towards the breakdown of British
prejudice against Catholics. The heroic stamina of the French priests who
refused under penalty of banishment and the gallows, to take the oath approving
the separation of the Church of France from that of Rome, won the admiration
even of those differing from them in language and creed. One such exile was the
Abbé Sigogne, who escaped to England and who became loved and respected as a
teacher of French in a Church of England School. Upon request for a priest to
minister to the spiritual needs of the Acadians of Yarmouth and Digby, who had
drifted back into the province, Abbé Sigogne came to serve his countrymen.
Broadminded, respected by the English government, and himself respecting the
English and their institutions, he was the one best suited for the situation.
He became the warm, personal friend of T. C. Haliburton, representative in the
House of Assembly for that constituency which formed the parochial district of
the Abbé Sigogne. Hand in hand, these two, a French Catholic priest and a
staunch Presbyterian, worked for the abolition of the Test Oath, which rendered
Catholics noneligible for public office.
While slowly and almost imperceptibly, the
Catholic disabilities were removed by land grants, introduction of priests,
building of churches and schools, this unjust and obstructive Test Oath
definitely made communion with the Anglican Established Church and repudiation
of Catholic doctrine, a condition of eligibility to all office of rank, civil
and military. Besides taking the State Oaths, as well as receiving the
sacrament of the Lord’s supper according to the Church of England usage, the
Catholic before accepting any office had to make a declaration, part of which
was as follows:
I, A. B., do
solemnly and sincerely, in the presence of God, profess, testify and declare
that I do believe that in the sacrament of the Lord's supper, there is not any
transubstantiation of the elements of bread and wine into the body and blood of
Christ, at or after the consecration thereof by any person whatsoever.
and:
that the invocation
or adoration of the Virgin Mary, or any other saint, and the sacrifice of the
Mass as they are now used in the Church of Rome, are superstitious and
idolatrous.6
It was in the
struggle for the abolition of this “Black Charter of Protestantism,” as it was
called, that the Uniackes and Haliburton used their powers of greatness.
When Cape Breton was reannexed to Nova
Scotia in 1820, and writs issued for the election of two members to represent
the Island in the House of Assembly at Halifax, Richard John Uniacke, Jr., and
Lawrence Kavanaugh were returned. Uniacke took his seat; but Kavanaugh being a
Catholic and therefore unable to subscribe to the oath against
transubstantiation and the Mass was barred from the Assembly. When the Legislature
met in 1822 at Halifax, Kavanaugh came to the City and announced that he was
prepared to take the State Oaths, except those against transubstantiation.
Lieutenant. Governor Kempt ruled, however, that he had not the power to
dispense with this oath. After much discussion in the House on resolutions and
amendments, the Council on March 9 adopted a resolution suggesting to the
Lieutenant-Governor the expediency of ascertaining whether the king might not
deem it proper to modify past instructions so as to admit Catholics to the
legislature, bar, and other offices, in the government. On April 2, 1823
Lieutenant-Governor Kempt sent a message to the House in which he stated that
he had informed His Majesty of the circumstances attendant on Kavanaugh’s election
and had received from the Secretary of State the power:
To permit Mr.
Kavanaugh to take his seat in the Assembly, on his taking the state oaths, and
to dispense with his making the declaration, against popery and
transubstantiation.7
Kavanaugh took the state oaths and his seat,
April 3, 1823. Thus was the first Catholic seated in a colonial legislature,
six years before Daniel O’Connell achieved the same in an imperial legislature,
and in spite of the fact that the penal law forbidding it, was still in force.
However, the exception was made by the Crown for Kavanaugh alone. It was but
the thin edge of the wedge; Richard John Uniacke, Jr., in a resolution to the
House asked that the privilege be extended to include all Catholics, who
might in future be elected. The time, however, was not quite ripe for this, and
the privilege was considered too liberal.
Five years later, in 1827, the Catholics of
Nova Scotia represented about one-sixth of the population. The stage was now
set for the elimination of the last remnant of the penal laws. The initiative
was taken by a group of Halifax Catholics under the leadership of Father John
Carroll, in charge of the diocese, awaiting the appointment of a successor to
Rev. Edmund Burke. A petition, the original of which is now in the Nova Scotia
Archives, was presented to the Assembly. It is in the handwriting of Lawrence
O’Connor Doyle, later a member of the legislature, and first Catholic lawyer in
Nova Scotia. It contains the signatures of nearly one thousand Catholic
citizens of Halifax. The prepared petition was sent to Richard John Uniacke,
Jr., the friend of Catholics, for presentation to the House.
Uniacke prefaced its reading by remarks of
his own, stating that the petitioners wished to he relieved from a mark of
ignominy cast upon their religion, which he said it did not deserve. He felt
that the Test Oath was a libel on the loyalty of the Catholics, on their
religion and on their characters as men. He then presented the Catholic
petition. The petition thanked the House far the suppression of those penalties
visited by law on the practice of the Catholic faith and went on to request the
intercession of the House with the King for further repeal in those matters
where the House’s power was limited. The request continued as follows:
The grounds of our
present complaint are created by the exaction of the Oaths, now used as Tests
of Eligibility to the various preferments and offices in the Province. These
contain a misrecital of our tenets and are (as it seems to your Petitioners)
the sustenance of feud and controversy –
finally they compute to us practises our souls abhor; but is it would be
too much to expect any measure on this ground, unless we first apprised your
Honorable House what our tenets are, we beg you to accept this summary
exposition:
We do not adore the
saints; but we pray to them. We know they possess no inherent power, but that
they feel an interest in us; even this present Petition will illustrate the
tenet. In it we pray your Honorable House to intercede with His
Majesty, tho’ you have none of his authority; so we solicit the
Saints to interpose for us, with Christ, tho’ they have nothing of His
Divinity. As then we can pray for the intercession of your Honorable House,
without an insult to our Sovereign, so we pray for the intercession of the
Saints, without an offence to our God. The Mass is the principal rite of our
Church. In it we adore none but God; He told us He gave us His Body. We only
believe that He meant what He said.
We forbear from
further details as they would only give a needless prolixity to this Petition.
We confide that we have shown to your Honorable House that the Test Oath misrecites
while it libels our doctrines.8
The Petition then
continued to beg the intercession of the House of Assembly to forward its
claims to the King. The tenor of both Assembly and Council of that year was
pro-Catholic. The petition was well received and on Monday, February 26, a
debate on the question followed. The leading figures again were Richard John
Uniacke, Jr., and Haliburton.
Mr. Uniacke stated that he felt it was
unnecessary to support the petition by any appeal to the feelings of the
House. He anticipated two good effects from the abolition of the Test Oath.
First, he pointed out that he himself though not a Catholic would be relieved
of the necessity of taking an oath which he had never done but with great
reluctance. Secondly, he felt it would elevate a large and respectable body of
subjects in the Province to the enjoyment of those temporal rights, of which no
human power should ever have deprived them. He was unwilling that those of one
religion should be deprived of privileges which others enjoyed. He felt that
the injustice of these oaths could not be denied. “Let no man,” he said, “be
stamped with the badge of disgrace for worshipping God as his conscience
dictates.” Let us quote an extract from his memorable speech on this occasion:
They (the
Catholics) seek to be relieved from a declaration that . misconstrues and
discredits their Faith – a faith, which I need not say, was for centuries the
faith of our ancestry, a faith of which the exposition now upon that table lies
for the inspection of this House. When, Mr. Speaker, I cast my eyes around, –
when I see the forty men who sit within these walls (the most of whom have
passed the meridian of life), when I reflect that they are verging fast to that
borne where the fallacies of human opinion are forgotten, I never will, never
can, think, that the God before whose unerring tribunal they are to be ushered,
will ever ask whether I, Mr. Speaker, believed a little less or my colleague
believed a little more: we shall never be questioned as to the form of our
worship, if we can answer for its sincerity.9
Mr. Uniacke then
moved that a committee be appointed to draft an address to His Majesty in favor
of abolishing the Test Oath. Mr. Haliburton seconded the motion of Mr. Uniacke
and praised the delicate and liberal manner in which the Catholics had
presented their petition. Haliburton stated that he was on friendly terms with
Father Carroll and also with the Abbé Sigogne. Neither had solicited his aid in
the legislature. Although three thousand of his constitutents were Catholic,
his assistance in this matter had never been requested. He had been left to the
unbiased dictates of his own judgement. He stood there before the assembly,
“the unsolicited and voluntary friend and advocate of Catholics.”10 Haliburton then
broke forth into that eloquent and unprejudiced discourse, in which he landed
the heritage of the Catholic Church. Alluding to the magnificent works of the
Roman Catholic Church in Ireland, which had been destroyed by the Reformation,
he said:
The property of the
Catholic Church had passed into the hands of the Protestant clergy-the glebes,
the tithes, the domains of the monasteries; who could behold those monasteries,
still venerable in their ruins,_ without regret? The abodes of science, of
charity and hospitality, where the wayworn pilgrim and the weary traveller
reposed their limbs and partook of a hospitable cheer; where the poor received
their daily food and in the gratitude of their hearts implored blessings on the
good and pious men, who fed them; where learning held its court and science
waved its torch amid the gloom of barbarity and ignorance... It was said that
Catholics were unfriendly to civil liberty; but that, like many other
aspersions, was false. Who created Magna Carta? Who established judges, trial
by jury, magistrates, sheriffs? – Catholics. To that calumniated people we were
indebted for all that we most boasted of. Were they not brave and loyal? Ask
the verdant sods of Chrystler’s Farm, ask Chateauguay, ask Queenston Heights,
and they will tell you they cover Catholic valor and Catholic loyalty-the
heroes that fell in the cause of their country.11
Haliburton then
spoke at length of his French Catholic constituents in the township of Clare.
He praised their worthy pastor, the Abbé Sigogne, and pointed out his sterling
virtues. His conclusion could not fail to make an impression on his hearers.
Every man who lays his hand on the New
Testament, and says it is his book of faith, whether he be Catholic or
Protestant, churchman or dissenter, Baptist or Methodist, however much we may
differ in doctrinal points, he is my brother and I embrace him. We all travel
by different roads to the same God. In that faith which I pursue, should I meet
a Catholic, I salute him, I journey with him; and when we shall arrive at the
flammantia limina mundi – when the tongue that now speaks shall moulder and
decay – when the lungs that now breathe the genial air of heaven, shall refuse
me their office – when these earthly vestments shall sink into the bosom of
their mother earth and be ready to mingle with the clods of the valley; I will,
with that Catholic, take a longing, lingering, retrospective view. I will kneel
with him, and instead of saying, in the words of the presumptuous Pharisee,
‘Thank God I am not like that Papist,’ I will pray that as kindred, we may be
equally forgiven; that as brothers, we may both be received.12
No dissenting voice was raised against the
resolution to request the King for removal of the Test Oath. Uniacke,
Haliburton and John Young (Sydney representative) were chosen to draft the
petition to the King. In it they represented that the Catholics of Nova Scotia
were second to none in loyalty to the Crown. They asserted:
We have been the
witnesses of their civil conduct and it is but a testimony due to truth, when
we say that they evince as zealous a disposition for the maintenance of Your
Majesty’s govt as any other denomination of your Majesty'’ loyal subjects. We
solicit that you would be graciously pleased to dispense with the declaration
against popery and transubstantiation as inapplicable to the present situation
of this country and tending to create invidious distinctions among your Majesty’s
loyal subjects.
Confident in Your
Majesty’s favorable construction of this address, your faithful Commons hope
eventually to find, that though at our several altars, we may practise our
several faiths, yet at that public altar, where the spirit of our country
presides, the only creed will be that of Christianity.13
Contrary to all
precedent, the government did not await the King’s reply. Richard John Uniacke,
Sr., was Attorney-General for the Province. The bill for the abolition of the
Test Oath was introduced into the Council on March 29. It passed three readings
and was sent to the Assembly. Here it was amended to include the repeal of all
Catholic disabilities. These amendments were approved by the Council. The
Lieutenant-Governor gave his signature on April 17, 1827. Actually, the Crown
reserved the Nova Scotia Bill of Emancipation as being too contrary to British
policy, but Nova Scotia had already passed it in utter disregard of that
policy. Only two years later the imperial Act of Emancipation came into being
and was extended to the colonies. But Nova Scotia had outstripped the Mother
Country in granting religions liberty to her children.
Thus was Nova Scotia’s birthright regained,
in 1827. The tenacity with which our forefathers preserved the Faith in spite
of unjust legislation bore its inevitable fruit. But unjust laws must be
counteracted by just laws. Only through the Assembly could this be done.
Unrepresented in that body, in 1827, except for one member, we were dependent
on Protestantism to produce men of clear intellect, unbiased judgement, and
all-embracing charity, who could recognize the injustice of the laws of their
own predecessors. We found these champions in the Richard John Uniackes, father
and son, and in Thomas Chandler Haliburton. On their records their descendants
can look with justifiable pride and satisfaction. To their memory this
province, and particularly the Catholics of it, owe a deep debt of gratitude.
BIBLIOGRAPHY
Acadian Recorders for 1826, 1827,
Public Archives of Nova Scotia.
BREBNER, J. B. New England’s
Outpost: Acadia Before the Conquest of Canada, New York (1927).
CAMPBELL, Duncan. Nova Scotia in
its historical, mercantile, and industrial relations, Montreal (1873).
CAMERON, Rt. Rev. John. The
Catholic Church in the Maritime Provinces. Vol. II Canada: an Encyclopoedia
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1McInnis, Edgar, Canada,
A Political and Social History, p. 110.
2Stoddard, J. R., Lectures:
Canada, p. 101.
3Laws of Nova Scotia
(1758-1803), 32 Geo II Cap 2.
4Ibid., Cap V.
5Ibid.
6Robertson, Sir
Charles Grant, ed., Select Statutes, Cases and Documents to Illustrate
English Constitutional History.
7Journals of House
of Assembly of Nova Scotia, 1823.
8Manuscript – Public
Archives of Nova Scotia.
9Murdock, Beamish,
A History of Nova Scotia, p. 573.
10Murdock, Beamish, A
History of Nova Scotia, p. 574.
11Murdock, Beamish,
History of Nova Scotia, p. 575.
12Murdock, Beamish,
History of Nova Scotia, p. 577.
13Murdock, Beamish, History
of Nova Scotia, v. 589.