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Lord Elgin by Sir John George Bourinot
page 123 of 232 (53%)
description of the law, they could not specify any other except the
Church of Scotland as falling within the imperial statute.

Under these circumstances the imperial government at once passed
through parliament a bill (3 and 4 Vict., c. 78) which re-enacted the
Canadian measure with the modifications rendered necessary by the
judicial opinion just cited. This act put an end to future
reservations, and at the same time recognized the claims of all the
Protestant bodies to a share in the funds derived from the sales of
the lands. It provided for the division of the reserves into two
portions--those sold before the passing of the act and those sold at a
later time. Of the previous sales, the Church of England was to
receive two-thirds and the Church of Scotland one-third. Of future
sales, the Church of England would receive one-third and the Church of
Scotland one-sixth, while the residue could be applied by the
governor-in-council "for purposes of public worship and religious
instruction in Canada," in other words, that it should be divided
among those other religious denominations that might make application
at any time for a share in these particular funds.

This act, however, did not prove to be a settlement of this disturbing
question. If Bishop Strachan had been content with the compromise made
in this act, and had endeavoured to carry out its provisions as soon
as it was passed, the Anglican Church would have obtained positive
advantages which it failed to receive when the question was again
brought into the arena of angry discussion. In 1844 when Henry
Sherwood was solicitor-general in the Draper-Viger Conservative
government he proposed an address to the Crown for the passing of a
new imperial act, authorizing the division of the land itself instead
of the income arising from its sales. His object was to place the
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