CO885-(11-13) — Page 85

11893.

MY LORD,

No. 787.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

We are honoured with your Lordship's commands, signified in Mr. Holland's

Temple, November 29, 1872. letter of the 25th November instant, stating that he was directed by your Lordship to transmit to us a copy of a Despatch from the Governor General of Canada, with No. 85, enclosures, relating to an Act passed by the Provincial Legislature of New Brunswick 16th Nov. in May 1871 relating to common schools, and to request that we would take the into our consideration and favour your Lordship with our opinion thereon.

papers In obedience to your Lordship's commands we have the honour to

Report

That we agree substantially with the opinion expressed by the Minister of Justice of the Dominion, so far as appears from the papers before us. been the practical working of annual education grants in the province of New Whatever may have Brunswick the Roman Catholics of that province had no such rights, privileges, or schools as are the subjects of enactment in the British North America Act, 1867, s. 93, subsection 1, et seq. It is of course quite possible that the new statute of the province may work in practice unfavourably to this or that denomination therein, and therefore to the Roman Catholics; but we do not think that such a state of things is enough to bring into operation the restraining powers or the powers of appeal to the Governor General in Council, and the powers of remedial legislation in the Parliament of the Dominion contained in the 93rd section. We agree, therefore, in the practical conclusion arrived at by Sir John Macdonald.

The Right Hon. Earl Kimberley,

&c.

&c.

&c.

We have, &c. (Signed)

J. D. COLERIDGE. G. JESSEL.

1872.

o 16278.-413.

25.-5/86.

PUBLIC RECORD OFFICE

Reference :-

TPERE mmmmmC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

1