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ilien l)y the ecclesiastical authorities was, that the Witnf.ss and the Si'-mkhk
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its price is but $1.50 per annum. Send your name on postal card for sample.

THE NORTHERN MESSENGER.

The jX)pularity of this paper is guaranteed by the fact that, during the last twelve
months, its circulation was doubled, it lieing now over 30,000.

It is a well-illustrated, eight-page, semi-monthly paper; contains the In-
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Price but 30 cents a year, with reductions for clubs and Sunday Schools. Send
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(CONTINUED ON THIRD PACE OF COVER.)

■ if

., HI A

'^■v

.r,-i

,:;♦:: }• <\ 'Cmu -k*

BISHOP BOURGET.— (See page 136.)

HISTORY

OF THB

GUIBORD CASE.

ULTBAMONTANISM

VERSUS

LAW AND HUMAN RIGHTS.

Cursed is he who maintains that in a conflict between the civil and ecclesiasti.
cal laws, the civil law should prevail. -^y//a*«j, Prop. xlii. ecciesiasti-

Individual servitude, however abject, will not satisfy the party now dominant
m the Latin Church— the State must also be a slave. ♦ • • '• No one ra
become her convert without renouncing his moral and mental freedom, and placinc
his civil loyalty and duty at the mercy of another. —Gladstone ^ ^

'• witness" printing house, 2i8 and 220 ST. JAMES STREET.

1875.

^ v

CONTENTS.

PREFACE. ••AOK.

IN MEMORY OF JOSEPH GUIBORD.

Chap. I.-L'INSTITUT CANADIEN.

Its Founders-Opposition of the Clei^- Attack upon
the Library— Present Standing _

Chap. II. -THE BISHOP AND THE INSTITUTE.

Origin of the Difficulty-Appeal to Rome-The Widow
Invokes the Law— Appeal to the Privy Council 13

Chap. III.-GUIBORD'S FIRST FUNERAL.

The Refusal of Burial— The Tender of a Plot in the
Criminals' Reserve g

• Chap. IV. -EARLY LEGAL PROCEEDINGS.

Testimony of Rev. Cur6 Rousselot, Hon. Mr. DessauUes

and I )r. Coderre— Suit to obtain' Burial jq

Chap. V. -RECUSATION OF THE JUDGES.

Mr. Doutre declares the inability of Roman Catholic
Judges to act impartially in cases where the Civil and

Religious authorities conflict— Petition disallowed 24

Chap. VL-JUDGMENT OF THE PRIVY COUNCIL 29

Chap. VIL-DECREE OF THE PRIVY COUNCIL ,5

Chap. VIIL-THE ATTEMPTED BURIAL ON 2nd SEPTEMBER
At the Catholic Cemetery-The Mob-Responsibility of "
the Church Authorities for the Riot-Action of the Po-
lice Authorities-Opinions of the Press-Letter from
Rev. Cur6 Rousselot-Guarding the Protestant Ceme-
tery— L^ Proceedings g

Chap. IX.-PASTORAL LETTER OF THE BISHOP OF MONT^

REAL.
The "calm and moderate conduct of the Mob" com-
mended-Guibord's Grave to be Cursed-The Curse
lateral or the Cu«e Perpendicular-Arguments in favor
of the Curse Lateral-Quebec Bishops' Pastoral-An-
other Pastoral from Mgr. Bourget g

I <

Chap. X.— i

(HAP. XL —

Chap. XII,
Chap. XIII.

Chap. XIV.—

Chap. XV.

Chap. XVI.

Chap. XVII.

Chap. XVIII.

Chai'. XIX.

Chap. XX.

Chap. XXI.

CONTENTS.

PAGE.
CORRESPONDENCE BETWEEN ARCHBISHOP
LYNCH AND MR. DOUTRE.
The Bishop's two Letters and Mr. Doutre's reply 85

INTERVIEW BETWEEN MAYOR HINGSTON
AND MR. DOUTRE.
Reasons for Anticipating Trouble at the Burial— Hair

Splitting 9

—WHAT THEY THINK IN ENGLAND '02

-THE FINAL BURIAL.

The Feeling in the City— The Sarcophagus— Curd
Rousselot's Letter— Gathering the Forces— At the Pro-
testant Cemetery-On the Way-At the Catholic Cem-
etery— Closing the Gates— Buried at Last— What Mgr.
Bourgefs organ says— A Wall to be put round the Grave 105

PASTORAL AFTER THE BURIAL.
Guibord's Grave declared Accursed '^o

JOSEPH DOUTRE, Q. C '*^

-THE LATE JOSEPH GUIBORD »33

-BISHOP BOURGET '^6

-REV. CURfe ROUSSELOT *4«

-MAYOR HINGSTON **^

-HON. JUDGE MONDELET '44

-CORRESPONDENCE BETWEEN THE MAYOR,
BISHOP BOURGIT AND PRIESTS.
The Bishop's Letters to the Mayor, and to his Priests-
Letters of Revs. J. M, Marecal, Joseph Graton, L. M.
Tailon, Cur6 Rousselot, P. Dowd, J. Hogan, J. A.
Tartel, Thomas Fleck, J. Lonergan and J. R. Maynard
to the Mayor— Other Documente '45

-M

Ldl

PREFACE.

102

120
128

133
136
140
142
144

145

In writing, or rather compiling, this History of the Guibord
Case, it has been thought advisable to give as much prominence
as possible to the official records of the occurrences herein
recorded, that they might be set forth not only without prejudice,
but without any suspicion of unfairness. The case has, for many
years, been a cause celebre ; its principal events have been stated
over and over again by nearly every journal in Christendom, and
it has been thought better to present to the public the facts in a
manner which could not be disputed, and with little, if any
comment.

There are two or three points which, however, might be
introduced into this preface which would hardly be appropriate
in the body of the book. In the first place, although the late
Jojeph Guibord died on November 19th, 1869, there has since
been no refusal to bury members of the Institute, and at least
eleven have died while holding their membership. Their remains
received the last privileges of the Roman Catholic Church and were
buried in consecrated ground. The eleven referred to were as
follows : —

Arsene Charlebois, died August nth, 1870. He paid his
dues to the Institute to the date of his death, and was not only a
member of it, but also a Freemason. He was buried under his
pew in the Church of St. Anne. It was reported to the Cur6 of
that parish that he was both a Freemason and a member of the
Institut Canadien. The Cur6 telegraphed'this to the Bishop of
Montreal and asked for instructions. The Bishop obtained
affidavits from certain convenient persons that they knew the
deceased intimately, but they were not aware that he was either a
Freemason or a member of the Institut Canadien, and on the
strength of these affidavits His Lordship telegraphed back that
his remains be buried with ecclesiastical rites.

Achille David, died November i8th, 1874.

PREFACE.

' r.\

Theophile Fahrland, died in Chicago, November 2Sth, 1870.

Charles H. Lamontagne, died March 23rd, 1875.

Ludger Labelle, died March ist, 1872.

N. F. A. Langelier, a member of the Institute, who died by
his own hand, and was nevertheless buried in consecrated ground.

Simon Martin, an old Superintendent of the Institute, died in
1871.

J. E. Melancon, died December 4th, 1872.

Alfred Picault, also a Freemason, died in the West Indies,
December 24th, 1872.

Dr. F. L. Tavenier, died in St. Louis, and his remains were
brought all the way to Montreal for interment in the consecrated
ground, and he was buried with great eclat after a grand mass
had been said over the corpse in the Parish Church. That the
Bishop might know that he was really a member of their body,
the Institute passed a vote of condolence on his death. This was
published in the French and English papers, but still his remains
were buried with ecclesiastical rites.

Antoine Jellier, died July 6th, 1873. He was once President
of the Institute, and because of his standing in the society, and his
having paid more fees than would have entitled him to a life
membership, he was made a life member.

All these, who persisted in their *' sin " after having the
example of Guibord set before their eyes, were buried with all the
honors and privileges the Church could give. It might be said
that some of them had not paid their dues to the date of their
death, but Guibord himself was two years behindhand; also
the Church had the same or better means of knowing they had
been members than they had with regard to Guibord, and in
one case the matter was officially brought before the Bishop.

Not only are the members of the Institute now buried without
trouble, but married also, as in the case of Mr. Gonzalve Doutre*
a member of the legal firm which has for six years represented
the Institute in the Guibord case, and many others, some being
equally remarkable.

Again, it is worthy of note that although it has been frequently
charged against the ecclesiastical authorities that at the attempted
burial on 2nd September employe of the Parish and other
churches were given a holiday and formed a portion of the body

PREFACE.

of " our very dear brethren " who stoned the hearse containing
Guibord's remains, this has never been denied and can be
proven if denied. From the fact that in his^lfirst pastoral
after the attempted burial His Lbrdship commends his faithful
people for their actions on the occasion, and that in his last
pastoral he points to the fact that there was no disturbance at the
final burial as an incontestable proof of his power over his people,
it must be inferred that in both cases they performed his will, and
that will is one which puts his allegiance to the Queen and her
laws in a very unsatisfactory light.

One of the most remarkable incidents of the Guibord case,
and one which has received little if any attention, was the evi-
dence given by the Hon. L. A. Dessaulles in the trial before Judge
Mondelet. In his cross-examination he is asked if a charge con-
tained in one of his essays in the Annuaire was not an insult to
the Pope, and if he was not antagonistic to Papal authority. To
this Mr. Dessaulles replied, in one of the most remarkable answers
ever given before a judge. He entered fully into the tyrannical
deeds of the Emperor of Austria and the Czar of Russia, which, at
the time referred to, were ringing in the ears of the civilized world ;
and proved that the tyranny of the " King" of Rome was worse than
that of even these potentates ; applied to him the term executioner
{bourreau), and proceeded to prove step by step from history
every accusation he had made. After conclusively proving by
an overwhelming array of incontrovertible facts the truth of one
series of his accusations, he so concludes : *' The expression or
statement of a fact is not an insult, if true ; I have not therefore
insulted the Pope in relating an historical truth." This was
probably the only case of history being written under oath, and
it is remarkable that it has not received more attention.

The publishers issue this book in the hope that it will prove
a valuable addition to the controversy now going on in regard to
the conflict between the civil and ecclesiastical claims.

IN MEMORY OF JOSEPH GUIBORD.

J I

The storm of six long years is past,

And peacefully he rests at last —

Thrice hearsed, thrice cursed, let honest Fame

Blow treble honor to his name ;

If thrice six years of praise ensue

'Tis but the hero's earthly due.

The humble printer's mighty art,

Though banned, will vindicate her son,
And tell to every truthful heart —

While woods are green and waters run —
That he who braves a despot's frown
Will weai: at length the victor's crown ;
Even when slain, and torn asunder.
And scattered piecemeal, trodden under
The brutal feet of frenzied foes.
His deeds will rise, as Christ arose.
And borne upon the chainless air
Will plead for freedom everywhere.

Let curses from their rookery fly.
And flap their foul wings o'er his bones.
The autuinn wind that round him moans,

Will mock them, while in vain they try
To penetrate those friendly stones.

Come what might come, from man or elf,
He dared not quarrel with himself.
Nor stab the Truth tha* '-« his breast
Had found a warm and welcome nest.
No terrors of the burning lake.

Fancied or real, beyond the grave,
Nor purgatorial flames could shake
His manly soul, so firm and brave,
For he was neither fool nor slave.

IN MEMORY OF JOSEPH GUIBORD.

True to himself, he lived and died,
Not wilful, nor elate with pride.
But steadfast in his honest thought.
Self-justified, self-ruled, self-taught.

Our Brother ! wheresoever now
Thy spirit lifts its freeborn brow,
Behold thy kindred ! — not alone
In Canada will thousands own

Relationship; throughout all lands, —
Wherever freedom shines or dawns,

An army with uplifted hands
Impelled by glowing links that bind
Nobility of mind to mind,

Will crown thee with their benisons.

Thus, Guibord ! shall the commonwealth

Of truth and reason's fearless sons, —
Scorners of men who think by stealth,
Now hold thee in fraternal trust.
And consecrate thine injured dust,
While woods grow green and water runs.

G. Martin.

If:
I

[
1 1

HISTORY OF THE GUIBORD CASE.

L'INSTITUT CANADIEN.

The conflict which has arisen in this country between the
eccles.ast.cal and the civil authorities over the burial of Joseph
Gu.bord, .s but an episode in the wider conflict between modern
Ultramontanism and freedom of thought. The Guibord case is
a consequence of the efforts of the Roman Catholic Bishop of
Montreal to suppress a national literary society known as I'lnsti-
tut Canadien.

This institution has played an important part in the intellect-
ual and political history of the people of this Province during the
last thirty years, and as it has a close connection with certain
passing events which are destined to become historical, it may
be of interest to notice a few of the more salient points which
have marked its rise and progress up to the present time.

ITS FOUNDERS,

On the evening of the i/th December, 1844, a number of
young men assembled in a room on Little St. James street' and
organized a literary society, to which they gave the name of
Institut Canadien." Their object was to cultivate a pure spirit
of patriotism, to obtain instruction, and, by discussions and essays
to prepare themselves for the honorable activities of life Full
of the ardent and generous enthusiasm of youth, and inspired
with a fine ambition to acquire distinction for themselves and
their country, these young Canadians adopted as their motto the
noble words, ^^ Aliius Tendimus," and selected for their coat of
arms the figure of a beehive with the words beneath, '- T-avail et
Concorde"

4 HISTORY OF THE GUIBORD CASE

The following is the first list of officers elected by the
Institute: — President, A. C. Nelson; ist Vice do., P. R. Lafrenaye ;
2nd Vice do., Joseph Laurin ; Recording Secretary, A Gerin
Lajoie ; Assistant Recording Secretary, M. AUard ; Corresponding
Secretary, O. Morin ; Assistant Corresponding Secretary, E.
Malhiot; Treasurer, Ed. Fournier; Libi^rian, L. Racine ; Assist-
ant Librarian, L. Delorme.

Before this time there was not a single French public library
in Montreal, or reading-room where French papers could be seen.
The Institute very soon became the centre of the activity, in-
telligence and talent among the young men of the city, and at
their weekly meetings they publicly discussed the important
questions of the day, and listened to the reading of a carefully
prepared essay by one of their number. In a little volume pub-
lished in 185s, we find reprinted the essays of four of the mem-
bers, viz., Messrs. Joseph Doutre, J. B. E. Dorion, C. E. Laberge,
and P. E. Lafrenaye, in which are eloquently set forth large and
liberal views of society, government, commerce and kindred sub-
jects. It is easy to understand how free discussion among the
members, along with varied reading and studies, should have
developed

! I

GENEROUS AND LIBERAL IDEAS,

and a wider view of many public questions. The Institute in-
creased so rapidly in popularity and influence that it began to
excite the jealousy of the clergy. The latter could not bear to
see so important an intellectual movement going on indepen-
dently of themselves. As they beheld the growing intelligence
and power of these young Canadians, left to the unfettered ex-
ercise of their own minds, they began to tremble lest the sceptre
of intellectual authority they had so long been accustomed to
wield might be about to depart from their hands. That a number of
individuals should unite to form a mutual improvement society,
and for the pursuit of knowledge, without they, the clergy, being
present to direct and control the members, seemed to them a
circumstance fraught with the gravest danger to their own supre-
macy over the minds of those persons composing the Institute.
Moreover, this intellectual renaissance was spreading all over the
country, and nearly every town and large village had its Insti-

, l'institut canadien. 5

tute, rashioned after the original one in Montreal. The flower
of Canadian youth were making a common movement towards
higher and better things. This spectacle, so cheering to the
heart c*"t'.e true patriot, was witnessed by the clergy with dis-
may, and they resolved to extinguish the Montreal Institute and
its numerous offshoots throughout the Province. The work
which they set themselves to do was to stifle one of the noblest
impulses that ever arose among the Canadian people, and one
which, had it been encouraged, would have by this time raised
the French-Canadian race to a far higher place among peoples
than that which it now occupies. Well may the Canadian patriot
and lover of his race mourn when he sees how far the Romish
Church was successful in arresting this movement so bright with
promise, and in folding once more around the people the mantle
of intellectual darkness and spiritual tyranny.

NEW INSTITUTES FOUNDED. "

It has been shown that the idea of the Montreal Institute ex-
tended to other places in the country. In 1852 similar societies
had been formed in Quebec, St. Rochs, Three Rivers, St. John's,
St. Athanase, Joliette, Chambly, Cohoes, N.Y., Sorel, Berthier
and L'Assomption. At a later period there were over one hun-
dred in the Province, of which about sixty obtained Acts of In-
corporation. The Montreal Institute was incorporated by Act
of Parliament in 1852, 16 Vic, chap. 261, under the presidency
of Mr. Joseph Doutre. Article 2 states that " L'institut Cana-
dien has for its object to extend and develop a taste for science,
art and literature." The names of members forming the Insti-
tute, as incorporated, were : — Joseph Doutre, C. F. Papineau,
L. Ducharme, V. ^. W. Dorion, A. Cresse, W. Prevost, A. Tel-
lier, S. Martin, A. A. Dorion, J. G. Barthe, P. Mathieu, J. A.
Hawley, R. Laflamme, Joseph Papin, J. Emery Coderre, J. W.
Hallimand, P. R. Lafrenaye, F. Cassidy, Louis Ricard, Eugene
L'Ecuyer and C. Loupret.

To show the ability of many of its members, and how closely
the history of the Institute is connected with that of the country,
it may be mentioned that at a meeting of the Institute in 1854,
addresses of congratulation were presented to fourteen of its
members upon their election^ to seats in Parliament.

nil

111

HISTORY OF THE OUIBORD CASE.

"III!

nil 1

OPPOSITION OF THE CLERGY.

The various institutes throughout the country were receiving
a small annual grant from Parliament, and the public, except the
clergy, universally looked upon them with great favor. The first
movement ol the clergy directed against the Institute was to raise
the question of nationality. They secured, by their influence, the
adoption of a rule by the St. Jean Baptiste Society that none but
French-Canadians, or those married to French-Canadian ladies,
could become members. In the case of the late Francis Cassidy,
who, though of Irish birth, was a member of both societies, this
rule was not observed ; but when it was desired to make Mr.
Cassidy President of the Institute, it was found necessary to alter
the constitution, so as to open the doors to all nationalities. This
aroused the anger of the clergy, who then more openly expressed
their opposition to the Institutes in Montreal and smaller towns.
As one means to compass their downfall they opened rival insti-
tutions entirely under clerical control, to which they gave the
name of Instituts Nationaux. Many of these societies never
had any real existence, except on paper, but under false pre-
tences they succeeded in obtaining grants from Parliament for
several years. By these means, and by the exercise of spiritual
terrors, they succeeded either in extinguishing all the societies
outside of Montreal, or in securing entire control over them and
altering their character.

L'Institut Canadien of Montreal held out nobly, and strug-
gled long and bravely against the persecutions of the clergy. Its
success had been such that in 1857 not less than seven hundred
members contributed to its maintenance, and it had long since
procured commodious premises for its meetings and library on
Notre Dame street, where it is now established. In 1858, the
clergy determined, if possible, to destroy the Institute. .'Vs rivals
to this they had already three institutions of their own, — the
Sulpicians had formed the Cabinet de Lecture and Cercle
Litt^raire, and the Jesuits, L'Union Catholique, where members
had access to libraries and Yeading-rooms gratifitously or at trifl-
ing cost. They attempted at first to induce the members of the
Institute to exclude from their number those who did not profess
the Catholic religion, and then to exclude from their reading-
room the Witness and the Semeur Canadien^ two Protestant papers.

I^'lNSTITUT CAN\D1F,N, 7

After protracted debates, which lasted stveral weeks, the victory
remain'*d with those members who were desirous of maintaining
the integrity of their constitution in regard to the equality of
creeds and origins, and their liberty of reading all organs of pub-
lic opinion.

ATTACK UPON THE LIBRARY.

Then a system of calumny was organized in order to repre-
sent the library of the institution as containing several books of
an immoral character, and finally some leaders, in the interest of
the clergy, circulated through the city a written declaration con-
taining those calumnies and soliciting signatures to a resignation
of the members in mass. The effect was the withdrawal from the
Institute of one hundred and fifty members at one time, and the
fo-mdation of the Institut Canadien Francais, with the view of
taking away from the Institute those who had personal sympathies
with the one hundred and fifty retiring members, but had objec-
tions to putting themselves under the exclusive tutorship of the
clergy. This new institution, though apparently founded by
laymen, has been kept in existence by clerical subsidies and
countenance.

Since 1858, the French-Canadian young men who had almost
all enrolled under the banner of the Institut Canadien, have been
divided among that institution and the three clerical societies
above named. The Institut Canadien could not but lose some
of its efficiency under the active and unceasing persecutions of
the clergy, and the rivalry of so many institutions supported by
rich corporations.

Efforts were made to show the clergy that the only ground
on which they avowedly persecuted the Institute, namely, the
pretended innnorality of their boqks, was unfounded. A depu-
tation waited upon the Bishop of Montreal with a catalogue of
their books, offering to purge their library of any book that
should be indicated to them as immoral. His Lordship kept
this catalogue six months before him, and when the deputation
went back to have an answer. His Lordship returned it without
indicating a single work as being immoral.

Notwithstanding that the Bishop was unable to point out any
book as immoral, he maintained the pastoral prohibition and re-

HISTORY OF THE GUIBORD CASE.

Hgious penalties he had decreed against the members of the
Institute, which consisted in the refusal of sacraments, even in
articulo mortis, and a consequent refusal to buryany one dying a
member in a Catholic cemetery. It was this action of the
Bishop that gave rise to the now celebrated Guibord Case.

Many members of the clergy acknowledged the justice of the
cause of the remaining members of the Institute, but they were
obliged to submit to the dictates of their superiors, and they
continued to enforce the penalties imposed by the pastoral letter
of 1858. By the action of the clergy and the existence of the
three rival literary institutions above mentioned, the number of
members was reduced in 1867 to about three hundred, of whom
only one hundred and fifty were in a position to pay their annual
subscriptions.

On the 17th of December, i866, the twenty-second anniver-
sary of its foundation, the Institute inaugurated its new and spa-
cious building at iii Notre Dame street, where it now remains.
Previous to this date, the Institute had erected a magnificent
monument in the Roman Catholic cemetery to the memory of
those Canadians who lost their lives in the troubles of 1837-8.

When Prince Napoleon was in Montreal, in 1861, he visited
the Institute, and as a mark of his sympathy with their cause, he
presented the library with a large number of rare and beautiful
books, valued at $2,6>do. The Emperor Napoleon had already
given the Institute some very beautiful statues, valued at
$1,000.

In proportion as the Bishop became more severe in his treat-
ment of the members of the Institute and more intolerable in his
demands, the members, on the other hand, became bolder in
their resistance. Those who had seceded were feeble and timid
spirits who had not the courage to avow their convictions, while
those who were left behind retained with them the true man-
hood of the original society. They freely, yet always respect-
fully, canvassed the action of the Bishop and clergy, and ad-
vocated religious toleration and freedom of thought and speech.
At the celebration of the anniversary of the Institute in Decem-
ber, 1 868, Hon. L. A. DessauUes delivered an address on toler-
ance, in which he advocated, with great force, that simple Chris-
tian charity which Christ taught in His sermon on the mount.

L INSTITUT CANADIEN.

This gave great offence to the Bishop, who had the " Annuaire "
for 1868, in which the address was published, condemned by the
Index at Rome. On that occasion also Horace Greeley addressed
the Institute, giving utterance to these words : —

" For the true Liberal, in the century in which we live, there
is but one country, the world ; but one religion, love to God and
man ; and one patriotism, to benefit and elevate the human fam-
ily. We have for adversaries, tyranny, ignorance, superstition,
and everything which oppresses or degrades."

On the same occasion Mr. A. Geoffrion, an eloquent young
lawyer, and member of the Institute, gave an address, in which
he said : —

" It is not to be forgotten that young men have always been
feared by whoever seeks to dominate either in the political or
religious world. It is the age of noble and disinterested aspira-
tions ; the age when no selfish interest imposes silence on the
conscience ; the age, finally, when man has not yet learned to
wear a yoke."

Such sentiments as the above were published in the " Annu-
aire " under the sanction of the Institute, and served to render
the book an object of horror to the clergy.

Owing to the widening of Notre Dame Street, the Institute
had been obliged to demolish its first edifice, and rebuild at a
loss of some $4,000. From this and other causes the Institute
became financially embarrassed, and in 1867 a committee was
appointed to collect subscriptions, and an appeal made to all
who loved freedom of thought and speech to assist in keeping up
its usefulness. Nearly $8,000 was subscribed in response to this
appeal, about one-half coming from English Protestants.

In 1872 the constitution of the Institute was amended in sev-
eral respects. At present any active member may become a life
member who, not yet having paid the sum of $50 in contribu-
tions or otherwise, shall complete that sum in one or several pay-
ments ; and any person who having paid $50 to the funds of the
Institute shall be accepted by the Governing Committee. The
reading-room and the library were thrown open gratuitously to
the public. At the present time, with the exception of the Young
Men's Christian Association's reading-room, in which the range
of literature, however, is very limited, the reading-room of I'ln-

HISTORY OF THB GUIBORD CASE.

Ii!l!:;

stitut Canadien is the only /r^-^ one in the city of Montreal. The
number of journals taken in both languages is very large, and
comprises organs of all classes of current thought. It is estimat-
ed that at least one hundred different persons visit the reading-
room every day in summer, and in winter the number is much
larger. The library contains about 9,000 volumes, and is also
gratuitously open to the public. Thus this Institute, in freely
affording the means of instruction and knowledge of passing
events, is nobly fulfilling the primary end for which it was found-
ed. The present superintendent is Mr. A. Boisseau, who has
held that position for eight years, and has also been one of the
Vice-Presidents.

The Managing Committee have adopted the plan of allowing
any individual outside the Institute to borrow any book for one
day or one month, at the rate of one cent per day, upon leaving
a deposit equal to the value of the book. The number of persons
who avail themselves of this privilege is rapidly increasing, and
in this way the library is proving of great public utility.

THE PRESENT MEMBERSHIP.

The present membership is one hundred and sixty- five,
and nearly one-half this number are English. The ene-
mies of the Institute will, no doubt, be rejoiced to learn
that the systematic persecution of it by the clergy, ever
since 1858, has reduced its number from seven hundred to
the present figure. It is, however, deeply gratifying to re-
member that when the English Protestants of Montreal saw a
handful of their French-Canadian fellow-citizens bravely strug-
gling against such tremendous odds for that intellectual freedom
which they prize so highly themselves, they nobly came to their
assistance, and helped to sustain the Institute in its darkest days.
So may it ever be in the future struggles French-Canadians may
have to sustain against aggressive and tyrannical Ultramontanism.

It is painful to have to mention the names of several eminent
members of the Institute who were not strong enough to resist
the storm of clerical denunciation which was directed against it.
Soon after Guibord's death and the Bishop's refusal to bury him,
the Hon. A. A Dorion, the present Chief-Justice of Quebec,
finding that his connection with the Institute was embarrassing

L INSTITUT CANADIEN.

to his political course, sent in his resignation. The Hon. Mr.
Geoffrion soon after did likewise in order to smooth the road of
political advancement. Mr. R. Laflamme, M.P., while still a
member of the Institute, secured his election for Jacques Cartier,
in 1872. In the contest he boldly avowed his connection with
the Institute, and defended it, while tke most desperate efforts of
the clergy failed to defeat him. In 1874, however, on the eve of
the last general election, Mr. Laflamme resigned his position in
the Institute, and was consequently returned without opposition.

LIST OF OFFICERS.

Below will be found the names of the principal officeis of the
Institute from its foundation to the present time, beginning with
the Presidents: — 1844-45, ^^ C- Nelson ; 45-46, A. Gerin Lajoie;
46-47, Joseph Papin ; 47, James Huston ; 48, R. Laflamme ; 48-49,
V. P.W. Dorion; 49-50, F. Cassidy ; 50-51, J. B. E. Dorion ; 51-52,
P. Blanchet ; 52-53, Joseph Doutre; 53-54, J. Emery Coderre; 54-55.
P. R. Lafrenaye ; 55-56, Charles Daoust ; 56, D. E. Papineau ; 57,
F. Cassidy ; 58, Euclide Roy; 59, Louis Belanger; 60, Charles
Daoust; 61, Peter L. McDonell ; 62, L. A. Dessaulles; 63, A.
Tellier; 64, C. F. Papineau and F. J. Durand; 65, L. A. Des-
saulles; 66, J. E. Coderre and L. A. Dessaulles; 67, Joseph
Doutre; 68, C. F. Papineau; 69-70, N. Aubin; 71-72? Gonzalve
Doutre; 73-74, L. J. A. Papineau; 75, Joseph Doutre.

First Vice-Presidents in the order of their election : — P. R.
Lafrenaye, Joseph Papin, James Huston, P. Blanchet, L. De-
lorme, G. Ouimet (1847), L. Labreche-Viger, A. Mousseau, Au-
guste Papineau, L. Ricard, J. E. Coderre, P. Gendron, A. Tel-
lier, C. Quevillon, Joseph Guibord (1852), C F. Papineau,
Joseph Durand, Michel Emery, L. Labr^che-Viger, A. Tellier,
Charles Marcil, Pierre Doutre, C. Archambault, J. DeMontigny,
Pierre Doutre, Ant. Comte, Edmond Dorion, Louis Rivet, C. F.
Papineau, M^deric Lanctot, N. Cyr, W. Laurier, Arthur Buies,
C. F. Pratt, A. Boisseau, E. G, Penny, A. Boisseau, Alex.
Dufresne, C. A. Geoffrion, O. Ste. Marie, J. O. Turgeon, H.
Prefontaine, Frederick Kay, Charles Alexander.

Recording Secretaries in the order of their election : — A.
Gerin Lajoie, Magloire Lanctot, L. Labr^che-Viger, R Laflamme,
P. Benoit, C. F. Lamontagne, Charles Laberge, V. P. W. Dorion,

HISTORY OF THE GUIBORD CASE.

lain.

r' II'

;l^^

iiin.

Joseph Papin, Noe Betournay, F. Cassidy, J. Durand, C. F. Papi-
neau, L. L. Morin (1850), W. Marchand, Hector Fabre, A. St.
Armand, J. Defoy, F. Chagnon, Chs. Marcil, Louis Joubert, D.
L. Gauthier, Achille Belle, I^deric Lanctot, L. E. Racicot, G.
Doutre, Philippe Vandal, A. Branchaud, C. E, Bouthillier, J.
Bouchard, J. Bte. Couillard, A. Lusignan, J. B. Doutre, N. Bien-
venu J. G. Papineau, J. N. Bienvenu, A. Boisseau, A. E. Forget.
Treasurers in the order of their election : — Ed. Fournier, C.

E. Belie, P. Blanchet, V. P. W. Dorion, B. Giroux, A. L. La-
croix, Charles Bourdon, P. Blanchet, V. P. W. Dorion, P. Blan-
chet, A. Jodoin, Noe Betournay, A. Tellier (three years), R.
Trudeau (three years), P. B. Badeaux (two years), Leon Doutre
(two years), P. A. Fateux, Amable Jodoin, Gonzalve Doutre
(two years), L. E. Morin, P. Henry, Henry Lacroix (two years),

F. B. Lafleur (two years), A. Bruuet, L. C. Crevier, Alfred
Brunet (two years), A. Bcudreau.

Librarians : — L. Racine, J. B. E. Dorion, V. P. W. Dorion,
C. Basinet, J. Huston, J. B. Ledoux, Auguste Papineau, C. J.
H. Lacroix, Eric Labrosse, Louis Lemaire, T. G. Coursolles,
J. E. Tert^, J. E. Bibaud, D. E. Papineau, J. C. Racicot, N. E.
Chevalier, C. J. N. DeMontigny, J. C. Racicot, J. C. Paette, C.
Dion, C. S. Smith, F. A. Fissiault, Cyrille Bertrand, P. Blanchet.
J. DeMontigny, L. Neveux, C. O. Perrault, P. Blanchet, C A
Geoffrion, N. Durand, Alp. Lusignan, N. Duval (two years), J.
Bouchard, A. Doutre (two years), F, O. Rinfret, P. B. Badeaux
(two years).

I-

l!)i!.
ll'- I

llilil-i

THE BISHOP AND THE INSTITUTE.

The person concerning whose mortal remains the great con-
flict was to be waged between the authority of Pope Pius IX. and
that of Queen Victoria in Canada, was a printer, and worked
nearly all his life industriously at his trade, most of the time with
the late Louis Perrault, He bore an irreproachable character,
was quiet and unassuming, thoughtful and studious. He was
one of the early members of the Institute, and in 1852 was elect-
ed first Vice-President. His wife was Henrietta Brown, of Ca-
nadian birth, but of Irish parentage. Guibord was a sincere
Catholic, and faithful in the observance of his religious duties.

The ostensible origin of the difficulty between the Bishop and
the Institute was the pretence by the former that the library
contained immoral books. In 1858 certain members of the In-
stitute, acting under clerical advice, proposed a committee for
the purpose of making a list of books in the library which, in
their opinion, ought to be thrown out. An amendment was car-
ried, by a considerable majority, to the effect that the library
contained no improper books, and that the Institute was the sole
judge of the morality of its library. Shortly afterwards the
Bishop published a pastoral letter, in which he referred to the
action of the Institute, and, after praising the course of the min-
ority, pointed out that the majority had fallen into two great er-
rors ; first, in declaring that they were the proper judges of the
morality of their books, an office that belonged only to the
Bishop ; and, secondly, in declaring that the library contained
only moral books, although some of them were in the Index at
Rome. He cited a decision of the Council of Trent, that any
one who read or kept heretical books would incur sentence of
excommunication, and that any one who read or kept books for-
bidden on other grounds would be subject to severe punishment
and he concluded by making an appeal to the Institute to alter

HISTORY OF THE GUIBORD CASE.

its resolution, otherwise no Catholic would continue to belong
to it. The issue thus raised between the Institute and the
Bishop continued for nearly seven years, until 1865, when several
members, including Guibord,

APPEALED TO ROME

against the conduct of the Bishop, claiming to be entitled to all
the rights of the Church. The authorities at Rome seemed, for
four years, to take no notice of the matter. In 1869 Mr. Gon-
zalve Doutre was commissioned by the Institute to proceed to
Rome to represent that institution in the appeal. Mr. Doutre
reached Rome on the 6th of September, and was put in commu-
nication with Cardinal Barnabo, who was Prefect of the Propa-
ganda. Mr. Doutre had an interview with the Pope, and several
consultations with Mgr. Nina, who represented the Holy Office.
In obedience to the request of this prelate, Mr. Doutre sub-
mitted a memorandum of the manner in which the Institute would
like the difficulty to be settled. Mr. Doutre 's representations
were not listened to, and the conduct of the Holy Office con-
vinced him that they were quite willing to condemn the Insti-
tute, and fully decided not to condemn the Bishop. In the same
year the Bishop also went to Rome to attend the Vatican Coun-
cil. Without communicating with the members who appealed, he
sent a pastoral letter to Canada, setting forth that the Pope had
rejected the appeal and condemned the Institute. The pastoral
letter contained the Decretum, in which it was pointed out that
two things were especially forbidden : — i. To belong to the
Institute while it taught pernicious doctrines. 2. To publish,
retain, keep or read the " Annuaire" of 1868 ; and he added that
any person who persisted in remaining a member of the Insti-
tute or in reading the " Annuaire " would be deprived of the
sacrament, " mSme a I'article de la mart." The Institute held a
meeting on the 23rd of September, 1869, and resolved : —

1. "That the Institut Canadien, the object of whose founda-
tion is purely literary and scientific, teaches no doctrine of any
kind, and carefully excludes all teaching of pernicious doctrine.

2. " That the Catholic members of the Institut Canadien
having learned of the condemnation of the 'Annuaire' of 1868

w
i

THE BISHO]^ AND THE INSTITUTE.

«S

ot the Institut Canadien, declare that they submit purely and
simply to this decree."

These concessions produced no effect. The Bishop, in a
letter from Rome to the administrator of the diocese at Mont-
real (which that officer received, he says, on the 17th November,
the day before Guibord's death), denounces these concessions as
hypocritical foi the following among other reasons : —

" Because this act of submission forms part of a report of the
Committee, unanimously approved by the Institute, in which a
resolution is proclaimed, until then kept secret, which establishes
the principle of religious toleration, which has been the principle
ground of the condemnation of the Institute."

This " principal ground of condemnation " of the Insti-
tute, viz., that it had passed a resolution which established
the principle of religious toleration, was entirely new, and, it
would seem, could not have been known to Guibord. It
should also be mentioned, in order to complete the history
of the case, that Guibord, about six years before his death,
being dangerously ill, was attended by a priest, who ad-
ministered unction to him, but refused to administer the
holy communion unless he resigned his membership of the In-
stitute, which Guibord declined to do. Guibord having died on
the 1 8th of November, 1869, of a sudden attack of paralysis, on
the 20th the widow caused a request to be made to the Cur6 and
to the clerk of the Fabrique, to bury Guibord in the cemetery,
and tendered the usual fees. Previously to this application, M.
Rousselot, the Cur6, having heard of the death of Guibord, and
knowing that he was a member of the Institute, had applied to
the administrator of the diocese for his directions. The latter
replied that he had yesterday received a letter from the Bishop
directing him to refuse absolution, " meme a V article de la mart"
to members of the Institute ; he could not, therefore, permit " la
sepulture ecclesiastique " to Guibord. The Cur6 then refused to
bury Guibord in the consecrated part of the cemetery where
Roman Catholics were ordinarily buried, but offered to inter him
in the portion allotted to cximnals without religious rites. It
seems that the agent of the widow offered to accept burial in the
larger pirt, without religious rites, but this was refused. The
remains of Guibord were, therefore, temporarily deposited in
the vault of the Protestant cemetery.

HISTORY OF THE GUIBORD CASB.

111!

!i|r

THE WIDOW INVOKES THE LAW.

This refusal of the Church authorities to allow Guibord Chris-
tian burial aroused the liveliest sympathy of the members of the
Institute for the widow. Messrs. Joseph Doutre and R. La-
flamme espoused her cause, and upon her behalf proceedings
were instituted in the Superior Court to compel the Church au-
thorities to bury the body in the consecrated portion of the cem-
etery. A writ of mandamus was applied for to this effect. Sev-
'enteen days were occupied in arguments, which were heard be-
fore Mr. Justice Mondelet. It was contended on the part of the
Fabrique that by the terms of the cession of Canada to Great
Britain the worship of the Roman Catholic religion was to re-
main free from all interference from the civil authorities. On
the other hand it was contended that the right to an ecclesiasti-
cal burial was a civil right which the Church could not deny.

Judge Mondelet, in an elaborate opinion, sustained the cause
of the applicant, and quoted the opinion of Sir George Cartier
to show that the Cure of the parish of Notre Dame could be con-
strained by judgment of the courts to solemnize baptisms, mar-
riages and burials in which his parishioners were concerned. The
Judge ordered a peremptory writ of mandamus to issue, com-
manding the Cur6 and Fabrique to bury the deceased within six
days. From this decision the Church authority appealed to the
Court of Review, consisting of Judges Berthelot, Mackay and
Torrance, who reversed the decision of Judge Mondelet, and dis-
missed the application upon the technical ground that the action
should have been brought against the Cur6 personally, and be-
cause the writ was informal. An appeal to the Court of Queen's
Bench, appeal side, was then taken by the widow. At the open-
ing of the December term of this Court, Mr. Doutre challenged
the four Roman Catholic judges, on the ground that, if
faithful adherents of their Church, by its teachings in
the Syllabus and otherwise, they could not do justice in
any case where there is a conflict between the civil
and ecclesiastical laws such as the one, under consideration'.
When the last day of the term arrived, the five . judges
(the Protestant judge being Mr. ex-Justice Badgley) declared
the petitions inadmissible, inasmuch as the charges contained in

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THE BISHOP AND THE INSTITUTE. 17

them amounted to accusations against the judges of treason and
perjury, whereupon Mr. Doutre moved for an

APPEAL TO HER MAJBSTY's PRIVY COUNCIL.

The appeal to England involved a heavy expense.
The Insiitut Canadien contributed $i,ooo for that pur-
pose, and various private citizens of Montreal, Catholic
and Protestant, generously contributed the means to prosecute
the case before the Privy Council. In the meantime Guibord's
widow was distracted at what she regarded as a dishonor to her
husband's memory, and by her vain attempts to secure his re-
mams Christian burial. She was, moreover, surrounded by peo-
ple who tried to persuade her that if she had recourse to law
against the clergy, there would be no salvation for her. Finally
the unhappy woman's reason almost gave way, and soon after
she died, March 24th, 1873. By her will she devised her prop-
erty to the Institut Canadien, and also appointed that body as
her universal legatee. Leave was granted by their Lordships of
the Privy Council to the Institut Canadien to continue the case
m her behalf. The case came formally before the Judicial Com-
mittee of the Privy Council on the 27th of June, 1874. Mr
Doutre had proceeded to England to represent the Institute, and
with him was associated H. M. Bompas, Esq., as counsel, Messrs.
Few & Co. acting as solicitors. The counsel for the Fabrique
were Mr. L. A. Jette, of Montreal, and Messrs. Westlake, Q. C,
and Matthews, of London, Messrs. Morris, Ashurst & Co. being
their solicitors. Mr. Doutre, however, is the. only member of
the Canadian Bar who participated in the argument in London.

III.

GUIBORD S FIRST FUNERAL.

The first scene in this historical drama opens with the funeral
of Joseph Guibord, who died suddenly of paralysis on Thursday
evening, November i8th, 1869. An inquest was held on the
body, and the usual certificate sent by the Coroner to Mr. Rous-
selot, curate in charge of the Parish. The following morning
the friends of the deceased went to the Seminary to have the
death registered, to arrange for the usual service for the dead,
and to obtain an order for interment in the Roman Catholic
Cemetery. The officer in charge refused to register the death
or to give any order for interment. The usual service was also
refused. The reason for this, distinctly and unequivocally given,
was that the deceased was a member of the Canadian Institute,
it being further stated that orders had been issued that no mem-
ber of that institution was to receive any of the rites of the
Church. As Mr. Guibord had been a consistent adherent of the
Roman Catholic Church, had fulfilled all the duties required of
its members, during the whole of Lent and on Fridays abstain-
ing from meat as ordered, was a pew-holder in St. Peter's Church,
and a member of two societies under the control of the priests,
and to which only Roman Catholics were admitted as members,
the friends thought there must be some misconception. One
of his relatives, therefore, went to the Seminary and asked for
an order to have deceased buried in a lot belonging to the appli-
cant, but he was told this would not be given. To put an end
to all doubt bn the subject, the widow gave a written order to
three gentlemen to act for her, who were to use every means to
obtain permission to have th^body interred in consecrated
ground. Armed with this, they called on the Rev. Mr. Rous-
selot, and formally asked him to give the order. This was again
refused. They then demanded of him in his capacity as a public
officer, to give Joseph Guibord interment, who was born a Catho-
lic, baptized and married in the Roman Catholic Church, and

ouibord's first funeral.

had always been a Catholic up to the' hour of his death. The
only answer to this was that he had received orders from the
Vicar-General to that effect ; and he produced the letter, which
stated that " no member of the Canadian Institute was to have
the sacraments of the Church administered, to receive the last
rites, to have funeral services performed, or to obtain interment
in the Catholic cemetery." The friends then made a legal ten-
der of the fees usual in such cases, which Mr. Rousselot offered
to accept, but said that the body could not be interred in the
lot. A request was then made that the body should be allowed
to be deposited in the vaults, but no answer could be returned
till the matter had been referred to the Grand Vicar. On the
return of the friends for an answer, the cur6 was present with
a witness, and said they must understand that interment was not
refused, but that the body of Guibord must be buried, in a lot
set apart for the burial of unbaptized children, suicides and
people unrecognized by the Church. This was declined by the
friends, and a notarial protest was served on the Fabrique.

On Sunday, Nov. 21st, about two hundred and fifty friends
and sympathizers of deceased met at his late residence in St.
Urbain street, to accompany the body to the Catholic cemetery.
The hearse was one used by Protestants, and at the gate the cof-
fin was taken out and conveyed on a sleigh to the chapel. The
representative of the Fabrique was then required to inter the
body, and a legal tender was made to him of the fees ; but he
declined to receive them, acting, he said, under instructions from
the Fabrique. He would, however, bury the body, if they chose,
in the strangers' lot, an unconsecrated piece of ground, rough
and neglected, and where, as the superintendent informed them,
suicides, &c., were buried. In reply to further enquiries, he said
criminals, executed without having made their confession, were
interred there, but that Beauregard and Barreau, murderers of
the foulest sort, were laid in consecrated ground, as before death
they had made their peace with the Church. Seeing that further
attempts would be useless, the body was again placed in the
hearse, and now taken to the English cemetery, and there placed
temporarily in a vault. Before being placed there, short addresses
were delivered by Messrs. Joseph Doutre, Q. C, V. P. W. Dorion,
C. Ovide Perrault, and J. A. Perkins.

IV.

EARLY LEGAL PROCEEDINGS.

TESTIMONY OF REV. MR. ROUSSELOT AND HON. MR. DESSAULLES

Madame Guibord, acting under advice of several prominent
members of the Institute, brought a suit before the Superior
Court to compel the Fabrique to accord burial to Guibord 's re-
mains in his own lot in consecrated ground. Messrs. Joseph
Doutre, Q. C, and R. Laflamme, both members of the Institute,
were counsel for Madame Guibord, while Messrs. L. A. Jett6,
J. L. Cassidy, and F. X. Trudel represented the Fabrique.

On January i8th, 1870, Rev. Mr. Rousselot gave evidence in
defence as follows : ' '

Civil burial is never given except in the reserved part of the
cemetery. No notice was given me that the body of Guibord
would be brought to the cemetery on Sunday, 21st November
last,, in the afternoon, nor was any demand made on me to hold
myself in attendance there that afternoon.

On January 19th, Hon. L. A. Dessaulles, for plaintiff, testified :

I have been since 1853 or '54, and am still, a member of the
Canadian Institute. My acquaintance with the history of the
difficulties between that body and Bishop Bourget dates only
from January, 1863. In that month a pastoral of His Lordship
was read in the Roman Catholic churches, condemning a lecture
delivered by me before the Institute the previous month. In
this pastoral occurs the following passage : —

" We will then pray that no evil may result to any one from
that dreadful monster Rationalism, which has anew lifted up its
hideous head in the Institute, and which seeks to spread the in-
fectious poison in a pamphlet repeating the blasphemies uttered
from that seat of pestilence."

;.i!

EARLY LEGAL PROCEKDINGS.

The pamphlet herein referred to was the one which contained
my lecture. With a view as well of justifying the Institute as of
repelling so grave an attack against myself, I wrote in February
following a respectful letter to the Bishop, asking His Lordship
to indicate the blasphemous utterances in my pamphlet, that I
might retract them. A second and a third letter remained, like
the first, without an answer. Having obtained an interview with
Mgr. Bourget, he refused, in terras wounding to my feelings, to
comply with my request.

Wearied at last with being ever in bitter contest with the
ecclesiastical authority, a committee was named by the Institute
in 1863, of which I was a member, for the promotion of a better
I understanding between the Bishop and the Society. We waited
on His Lordship, who received us cordially. The result of our
interview was that, with His Lordship's permission, J. C. F.
Papineau, Esq., and myself laid before him the catalogue of the
library, that the books said to be dangerous might be designated
thereon. The Bishop recognized, he said, in this step a proof
lof good intentions, and intimated to us that he would examine
jthe catalogue and send us his answer when ready.

Seven months had passed and the answer had not come.
|Seeing the Bishop on the eve of departing for Europe, I repaired
to the Palace on the evening of the 4th November, 1864, and
Reamed from the Bishop that " he had not deemed it his duty to
)oint out the said works," as, he said, it would "have led to no
practical result." I asked how members were to act who sin-
:erely wished to know what books the Church forbade them to
[•ead, and was told that such persons could address themselves
io their confessors. I observed that if such was the remedy, the
fay to an arrangement was clear, for having offered to place the
torbidden books in a separate department, that would be a suffi-
[ient indication to those who would not wish to read them with-
but spiritual advice. I also observed that the bishops of France
[nd other countries tolerated in their respective provinces li-
braries containing many more such books than did our library,
Ind in respect of the possession of which their owners were
[ever troubled on their dying bed. His Lordship said that he
i^as not free to ignore the injunctions of the Church, and on my
lemarking that these laws were everywhere interpreted with

HISTORY or THE C.UIBORD CASE.

ill ■ .

more liberality than by His Lordship, the latter replied that he
had his duty to perform and he would perform it. I said those
bishops drew distinctions between the classes of books placed in
the Index, and said that as to works of an obscene nature, we
did not pretend to the right of possessing them. I cited works
of political economists which we had at the Institute, and which
were on the Index, and asserted that the study of them was ab-
solutely necessary to one in political life. In like manner, I
continued, there are historical works in the Index, without refe-
rence to which a professor of history could not properly teach
that branch. His Lordship finally said : " I prohibit all the
Church prohibits. Does the Church forbid a thing ? That is
all I look to. Does she condemn the economists ? We must do
without them. I administer my diocese as I understand it."
He then returned me the catalogue without having specified the
objectionable books.

The best theologians in Montreal were then consulted with
as to the course we should take. They also took counsel of a
foreign priest of high distinction, who chanced to be in the city
at the time. They united in saying that an appeal to the Holy
See became necessary under the circumstances. Agreeably to
their advice, a humble petition was addressed to His Holiness
Pius IX., and signed by seventeen Catholic members of the In-
stitute, among whom was Guibord.

No decision has ever been rendered on this appeal. When
the Bishop's pastoral, enclosing the two decrees therein men-
tioned, was read in this city, the members of the Institute who
had appealed to the Holy See took in at a glance the change of
tactics adopted by the Bishop. Eminent theologians were again
consulted, and again following their instructions, we decided to
accept, purely and simply, the decree of the " Congregation of
the Index," condemning the Annuary of 1868. But as the other
decree, that of the "Roman Inquisition," was erroneous in point of
fact, inasmuch as it affirmed the actual "teaching by the Institute
as a body of the opinions expressed in the Annuary," we con-
cluded that this could be owing only to the fact that our adver-
saries had alone been heard before that tribunal. The latter
never afforded the Institute an opportunity of contradicting the
accusation, and we consequently felt ourselves constrained to

EARLV LEGAL PROCEEDINGS.

ied that he

said those
s placed in

nature, we
:ited works

and which
em was ab-

manner, I
ithout refe-
perly teach
bit all the
? That is
Ve must do
rstand it."
pecified the

suited with
ounsel of a

in the city
) the Holy
jreeably to
is Holiness

of the In-

d. When
erein men-
stitute who 1
; change of |
were again |
decided to
[regation of
LS the other
s in point of :|
lie Institute
■," we con-
our adver-
The latter
idicting the
strained to

withhold that submission to the decree of the " Inquisition "
which we yielded to that of the Congregation of the Index. A
memoir embodying our reasons for not submitting to the said
decree was drawn up by some Catholic members for transmission
to Cardinal Barnabo, Prefect of the Propaganda at Rome.

DR. C'ODERRE's evidence.

Dr. Joseph Emery Coderre was examined as to the history of
the difficulty which resulted in the refusal of burial to Guibord,
and stated that it began with a proposition to exclude the Semeur
Canadien and Witness from the Canadian Institute ; and another,
that all religious papers should be excluded, both of which pro-
positions were rejected.

When the two decrees of Rome were published last year in
the churches concerning the Canadian Institute, a committee was
appointed to consider and suggest what could be done to satisfy
these decrees, the members of which consulted with influential
clergymen and upon their suggestions that committee adopted
the following resolutions : —

I St. That the Institut Canadien, founded exclusively for
literary and scientific purposes, has no kind of doctrinal teaching,
and carefully excludes all teaching of pernicious doctrines.

2nd. That the Catholic members of the Institut Canadien,
having learned the condemnation of the year book of the Institu-
tion for t868, by decree of Roman authority, submit purely and
simply to that decree.

Mr. Justice Mondelet, before whom the application for burial
was made, and the above evidence adduced, decided in favor of
the widow, ordering the burial to take place in Guibord's lot.
The Fabrique appealed to the Court of Review, who reversed the
decision of Judge Mondelet, The widow then appealed to the
Court of Queen's Bench (appeal side), in the opening of the
December term in 1870.

RECUSATION OF THE JUDGES.

This Court was composed of five judges, viz : Duval, Caron,
Monk and Drummond, Roman Catholic; and Badgley, Protestant
At the opening of the Court, on December 2nd, Mr. Joseph Doutre,
Q. C, counsel for the plaintiflF, challenged the four Roman Catholic
judges on the ground that they belonged to a Church which had,
by the Syllabus of 1864, declared that the State possessed no
authority, even indirectly, over matters of religion, and that in
case of conflict between the civil and ecclesiastical. authority, the
former must yield.

*' By means of a strong pressure on public opinion in this
Province," said Mr. Doutre, " many persons are not sure whether
our judges are the representatives of Her Majesty and the laws
made under her authority and that of her predecessors, or
whether, in certain matters, they are governed by a religious
authority, the seat of which is at Rome." Here the Hon. Chief-
Justice interrupted Mr. Doutre to tell him that he attributed too
much importa ice to the imbeciles who expressed such doubts in
the matter.

" Unfortunately." rejoined Mr. Doutre, "we meet those imbe-
ciles at every turn, and as the judges themselves have not defined
their position, we are brought to this point, that their decisions
will often rest without moral authority. The judges cannot ex-
press their opinion except upon a case before them, and this
case offers an occasion, the like of which may not occur again,
to put an end to the injurious doubts which are entertained as to
their independence, and as to their true position with regard to
the sovereign who appoints them, and another sovereign who
pretends to command their conscience, to circumscribe their
authority and to cast defiance at that of our Queen, our parlia-

RECUSATION OF THE JUDGES.

ments and our laws. I have not the slightest doubt," said Mr.
Doutre, " that the declarations which your Honors will make,
in obedience to the law, will enable me to withdraw my chal-
lenge, which I will be very happy to do."

The petition in recusation set forth the following causes,
among others : — " Because the said Honorable Judge is a Roman
Catholic, owing an allegiance to an authority sitting at Rome,
Italy ; and that this Roman authority imposes as a dogma upon
its members the duty of maintaining the supremacy of the
said authority over that of all sovereigns, including Her
Majesty the Queen of Great Britain and Ireland and of this
country.

Because the authority to which the Honorable Judge bears
allegiance, directs him in conscience and under pain of anathema
and excommunication, to ignore the following dispositions of
Chap. 84, 14 George III., (1774), thus reported in the Consoli-
dated Statutes of Canada : — " And for the greater surety and
peace of mind of the inhabitants in the said province, (Quebec),
it is by these presents declared that the subjects of His Majesty
professing the religion of the Church of Rome (namely, the
Roman authority above mentioned), in the said Province of
Quebec, may preserve and enjoy the free exercise of the religion
of the Church of Rome, subject to the supremacy of the King."
And the decrees, orders and injunctions emanating from said
Roman authority, promulgated since the cession of Canada to
Great Britain, and the aforesaid statute, declare that the follow-
ing propositions cannot be admitted : —

1. That it belongs to the civil power to define the rights of the
Church and the limits within which they may be exercised. (Art
19 of the Syllabus promulgated by the encyclical of December 8,
1864).

2. The ecclesiastical power ought not to exercise its authority
without the assent and permission of the civil government
(Art. 20.)

3. In case of conflict between the two powers the civil power
shall prevail. (Art. 42).

4. The civil authority may interfere in matters relating to
religion, morals and spiritual discipline. (Art. 44).

5. In the present age it is no longer fitting that the Catholic

HISTORY OF THE GUIBORD CASE.

religion should be considered as the sole religion of the State, to
the exclusion of all other religions. (Art. 47).

"6. The Church has no right to employ force, and has no tem-
poral power, direct or indirect. (Art. 24).

"Because the said Roman authority, which anathematises
and excommunicates those who believe or practice any of the
above mentioned doctrines, has been declared infallible and as
speaking with as much authority as God himself to the conscience
of Roman Catholics, and notably to that of the said Honorable
Judge.

" Because the said Honorable Judge cannot render justice to
the appellant and condemn the defendants without violating each
and all of the propositions thus promulgated by the said Roman
authority.

" The Hon. Chief-Justice Duval ordered the clerk to receive
the petition, but to register nothing without having received special
instructions."

PETITION IN RECUSATION DISALLOWED.

On the 9th December the Court rendered judgment on Mr.
Doutre's petition as follows : —

'" The Court refuses to allow petition in recusation of the four
judges to be received or fyled (Drummond J., dissenting partially).
Petition stigmatized as insulting to the judges recused and to
the Bench, and is regarded by the Court as amounting simply to
charges of treason and perjury against the judges recused."

Badgley J., in rendering judgment, remarked that he stood in
a singular position, as being the only Judge of those composing
the Court at the time the petition was presented who was not re-
cused. The petition was' addressed to the Court of Queen's Bench,
sitting in Appeal in the District of Montreal, which was composed
on the day of presentation of only four judges. His Honor Judge
Drumnnond having been absent, and who expressed his deter-
mination, in consequence, not to take part in the decision of the
matter. The petition presented by the appellant called
upon the said Court of Queen's Bench to take notice
that three of the judges composing the then Court — the
Chief Justice, Judges Caron and Monk — were recused from
sitting in judgment upon his demand, and a great number of

RECUSATION OF THE JUDGES.

grounds, all more or less connected with ecclesiastical affairs and
certain declarations of the Head of the Romish Church, are
alleged in support of the pretensions of the petitioner appellant,
the substance of which is that the Head of the Church of Rome
has promulgated certain doctrines which destroy all authority of
the Queen, constitution, and of our public law. In argument
the counsel referred to the Act of Supremacy which, he asserted,
was overridden and set aside by these late enunciations of the
Romish Church. But His Honor said he would not enter into a
discussion of this argument, nor did he feel himself called upon
to do so, or to say whether, or to what extent these religious
theories would affect the judgment or opinions of his colleagues,
or of Roman Catholics in this Province. The laws and consti-
tution of the country are to be chiefly looked at in determining
this matter ; and the main question is to determine whether the
impartiality or justice of the Bench would be affected by the
doctrines referred to in the present case, in which the respondent
is a portion of the religious body itself. As the substance of the
petition is to accuse the judges recused of treason and perjury,
it is necessary to examine carefully in limine whether such a
petition can be received at all by Court.

In support of the pretension that the authority pf the Queen
was superseded and overridden, ecclesiastical law was resorted
to'; but His Honor was of opinion that it was outside of the pre-
sent matter, which should be determined according to the juris-
prudence of the country. ♦ To allow the grounds of the petition to
be true would be simply an acknowledgment of treason to the
civil ruler and perjury on the part of the judges recused, an ad-
mission which it could not be expected the judges would make-
Nor did His Honor think there was ground for the charges. A
petition containing such monstrous charges could not, in His
Honor's opinion, be received by the Court, and was inadmissible
and could not be fyled. His Honor was clearly of opinion that
the judges recused could decide on the admissibility of the peti-
tion in recusation, and could reject it if it contained matters which
subjected it to rejection, and cited authorities to sustain his
opinion; amongst others that of the late Chief-Justice Stuart
and Justice Panet, in a case decided in the Court of Queen's
Bench, Quebec ; and, in concluding, His Honor said he felt there

HISTORY OF THE GUIBORD CASE.

»'•-!■'■

could be no doubt that such a paper is not admissible, and shall
not be put upon the fyles of the Court.

Drummond J., in explanation of his position, said he did not
re4,ard the petition as having been fyled, and that, therefore, he
was not recused. He differed from his confreres as to the power
of the judges recused to determine the admissibility of the peti-
tion. He cons'dered the petition could not be fyled of right
without permission, and quoted many authorities to sustain his
position. In indignant language he characterized the petition as
monstrous and insulting to the judges recused and to the Bench,
and thought it was rightly rejected as inadmissible, containing
none of the grounds of recusation recognized by the Code of Civil
Procedure, which His Honor relied on as being the law of the
Idnd, superior to all decisions previous to its date.

Judge Caron and Chief-Justice Duval also concurred, and in
strong terms condemned the proceeding as insulting and
unheard of.

Mr. Doutre, Q. C;, immediately moved for permission to ap-
peal to Her Majesty's Privy Council from this judgment, and a
rule was allowed, returnable the first day of next term.

VI.

JUDGMENT OF THE PRIVY COUNCIL.

In November, 1874, their Lordships of the Judicial Committee
of the Privy Council gave the following very able and elaborate
judgment. Amongst the many cases that have gone before that
august tribunal on appeal from Canada, none has created more
interest in England than the Guibord case, and upon no other
case have their Lordships bestowed more care, or exercised with
more impartiality, the resources of their great learning.

Judgment of the Lords of the Judicial Committee of the
Privy Council on the Appeal of Dame Henriette Brown
V. Lvs Curd et Marguilliers de VCEuvre et Fabrique
de Notre- Dame de Montreal, from Canada; delivered
21st November, 1874.

Present :
Lord Sklb:)rne.
Sir James W. Colville.
Sir Robert Phillimore.
Sir Barnes Peacock.
Sir Montague Smith.
Sir Robert P. Collier.
This is an appeal from a Judgment of the Court of Queen's
Bench for the Province of Qiiebec, in Canada, confirming a Judg-
ment of the Court of Review, which latter reversed a Judgment
of the Superior Court in First Instance.

The question which was the subject of these different Judg-
ments related to the burial of the remains of Joseph Guibord, one
of Her Majesty's Roman 'Catholic subjects, who died at Montreal,
on the tSth of November, 1S69.

His widow and representative, Dame Henriette Brown, insti-

I' '

30 HISTORY OF THE GUIBORD CASE.

tilted and prosecuted the suit in the Canadian Courts, and was
also the original Appellant before their Lordships. She died on
the 24th of March, 1873, and by her will devised her property to
the " Institut Canadien," and also appointed them her universal
legatees.

This Corporation, having accepted the appointment, applied
for leave to continue this Appeal, which leave was granted by
their Lordships, on the 26th of June, 1873.

This leave was granted without prejudice to any question
which might be raised as to the competency of the Institute to
continue the Appeal. It appeared that the widow had been con-
demned in the costs in the Canadian courts, and her universal
legatees were therefore, of course, interested in procuring the re-
versal of these sentences ; and the objection to their competency,
though mentioned in the " Reasons" of the Respondents, was
not insisted upon in the arguments before us.

The suit on behalf of the representative of Guibord was for a
mandamus to " Les Cur6 etMarguilliers de I'CEuvre et Fabrique
de Montreal," upon receipt of the customary fees, to bury his
body in the parochial cemetery of members of the Roman
Catholic Church at Montreal, entitled the " Cemetery of La C6te
des Neiges," conformably to usage and to law, and to enter such
burial in the civil register.

" La Fabrique de Montreal" is the corporation consisting of
the Cur6 and certain lay church officers called " Marguilliers,"
whose relation to the church and churchyard is analogous to that
of churchwardens in an English parish. This corporation mana-
ges the temporalities of the church, which temporalities are also
sometimes designated by the title of " La Fabrique."

" La Fabrique de Montreal " had the control of this particular
cemetery.

The cemetery is divided into two parts, the smaller part being
separated from the larger by a paling. In the smaller part, are
buried unbaptized infants and those who have died " sans les
secours ou les sacrements de I'Eglise ;" and (as appears from
the evidence) persons who had committed suicide, and criminals
who had suffered capital punishment without being reconciled to
the Church. In the other and larger part are buried ordinary
Roman Catholics in the usual way, and with the rites of the Church.

% :k !

JUDGMENT O*- THfi PRIVY COUNCII..

Neither portion of the cemetery is consecrated as a whole ;
but it is the custom to consecrate separately each grave in the
larger part, never in the smaller or reserved part.

The cemetery is thus practically divided into a part in which
graves are, and into a part in which they are not, consecrated.

The circumstances which led to this litigation were as
follows : —

Guibord was a lay parishioner of Montreal. He appears to
have been of unexceptionable moral character, and to have been,
both by baptism and education, a Roman Catholic, which faith
he retained up to the time of his death.

In the year 1844, a literary and scientific institution was form-
ed at Montreal for the purpose of providing a library, reading-
room, and other appliances for education. It was incorporated
by a Provincial Statute (16 Vict., c. 261), under the name of
the " Institut Canadien."

The preamble of this Statute recites : —

" Whereas several persons of different classes, ages, and professions, residing
in the city of Montreal and elsewhere, have formed a literary and scientific asso-
ciation in the said city, under the name of the ' Institut Canadien,' for the purpose
of establishing a library and reading-room, and of organizing a system of mutual
and public instruction by means of lectures and courses of instruction."

It then states that the number of members already exceeded
500, that they had a library of 2,000 volumes, and a reading-room
provided with newspapers and periodical publications. Then
follows a prayer to be constituted a legal corporation. The pray-
er was granted by the Legislature, and the statute incorporates
the Association, and directs, among other provisions, that the
corporation is to make an annual return to the Government of
their estates real and personal.

Guibord was one of the original members of this Institute.

In the year 1858, certain members of the Institute proposed a
Committee for the purpose of making a list of books in the libra-
ry, which, in their opinion, ought not to be allowed to remain
therein.

An amendment, however, was carried by a considerable
majority to the effect that the Institute contained no improper books,
that it was the sole judge of the morality of its library, and that the
existing Committee of Management was sufficient.

! \

HISTORY OF THE GUIBORD CASE.

On the 13th of April in the same year, the Roman Catholic
Bishop of Montreal published a pastoral, which was read in all
the churches of his diocese, in which he referred to what had
taken place at the meeting of the Institution, and after praising
the conduct of the minority, pointed out that the majority had
fallen into two great errors : first, in declarmg that they were the
proper judges of the morality of the books in their library,
whereas the Council of Trent had declared that this belonged
to the office of the Bishop; secondly, in declaring that the
library contained only moral books, whereas it contained books
which were in the Index at Rome. The Bishop further cited a
decision of the Council of Trent, that any one who read or kept
heretical books would incur sentence of excommunication, and
that any one who read or kept books forbidden on other grounds
would be subject to severe punishment ; and he concluded by
making an appeal to the Institute to alter their resolution,
alleging that otherwise no Catholic would continue to belong to
it. He says : —

"Car il est k bien remarquer ici que ce n'est pas nous qui prononc^ons cette
terrible excommunication dont il est question, mais I'Eglise dont nous ne faisons
que publier les salutaires decrets."

The resolution of the Institute was not rescinded.

In 1865 several of the Roman Catholic members of the Insti-
tute, including Guibord, appealed to Rome against this pastoral.

They received no answer to their application. But in the
year 1869 the Bishop of Montreal issued a circular —

"Publiant la reponse du Saint Office concernant I'lnstitut Canadicn et le
'Decret de la Sainte Congregation de I'lndex condamnant I'Annuaire du dit In-
stitut pour 1868."

This circular was dated from Rome, i6th July, 1869, He also
sent a pastoral letter from Rome dated in August of that year,
which contained two enclosures ; one the sentence or answer of
the Holy Office, as printed in the case before us : —

" Illme. ac Rme. Dne.

"Cum in Generali Congregatione S.R. et U.I. habita feria IV. die 7 curr.
Emi, ac Rmi. Generales Inquisitores jamdiu motam de Instituo Canadensi con-
troversiam ad examen revocassent, singulis mature ac diligenter expensis. A
tuse significandum voluerunt, rejiciendas omnino esse doctrinas in quodam an-
nuatio quo dicti Instituti acta recensentur, contentas, ipsasque doctrinas ab eodem

JOSEPH GUIBORD.— (Seepage 133.)

li'iiiiii

'W fi ,

11*1;

v.-

I \ '■:

iu.' ■■

A •■i^.'j ' ' > r

JUDGMENT OF THE PRIVY COUNCIL.

Instituto Iraditas prorsus reprobandas. Animadvertentes insuper laudati Emi. ac
Kmi. Patres valde timendum esse ne per hujusmodi pravas doctrinas Christianoe
juventutis institutio et educatio in discrimen adducatur, dum cotnmendandum ex-
presserunt zelum ac vigilantiam a te hue usque adhibitam excitandam eamdem
[the next word is a misprint] jusserunt, ut una cum tux diceceseos clero omnem
curam conferas, ut Catholici ac praesertim juventus a memoranto Instituto, quous-
que perniciosas doctrinas in eo edoceri constiterit, arceantur. Dum vero laudibus
prosequuti sunt alteram societatem Institutum Canadense Gallicum nuncupatam,
nee non ephemeridem dictam " Courrier de St. Hyan'nthe," utramque fovandam
adjuvandam que mandarunt ut ita iis damnis ac mall t .:media quaerantur, qua: ex
alio prxfato Instituto baud dimanare non possunt. Quod a tux pro mei muneris
ratione communicans omni cum observantia maneo.

"Romae ex MA. S.C. de P.F, die 14 Ji i, i860, &c."

The other inclosure was a Decreium of the " Congregatio,"
to whom the care of the Index was committed, it was as
follows : —

"Decretum.
"Feria II, die 12 Julii, 1869.

" Sacra Congregatio Eminentissimorum ac Reverendissimorum Sanctae Ro
manse Ecclesise Cardinalium a SANCTISSIMO DOMINO NOSTRO PIO
PAPA IX. sanctaque Sede Apostolica Indici librorum pravx doctrinae, eorum-
demque proscription!, expurgation! ac permission! in universa Christiana republica
prsepositorum et delegatorum, habita in Palatio Apostolico Vaticano, die 12 Juli
1869 damnavit et damnat, proscribit proscribitque, vel alias damnata atque pros-
cripta in Indicem Librorum Prohibitorum referri mandavit et mandat opera quae
sequuntur."

Then the names of several works unconnected with the In-
stitute are mentioned. And then —

" Annuaire de I'lnstitut Canadien pour 1868, celebration du 24eme anrtiver
sire de I'lnstitut Canadien le 17 Decembre, 1868. (Deer. S. Officii Feria IV,
die 7 Julii i86g.

"Itaque nemo cujmcumque gradus et conditionis pmdictoe opera damnata
tque proscripta, quocumque loco, et quocumque idiomate, aut in posterum edere, aut
dita legttevel retinereaudeat, sed locorum ordinariis, aut hcsreticce pravitatis in-
uisitoribus ea tradere teneatur, sub paenis in Indice librorum vetitorum indictis.

" Quibus SANCTISSIMO DOMINO NOSTRO PIO PAPM IX. per me
nfrascriptum S.I.C. a Secretis relatis SANCTITAS SUA decretum probavit,
t promulgari prcccepit. In quotum fidem, &'c.

" Datum Romce, die /6 Julii, i8bg.

The pastoral letter containing this enclosure drew attention to
the fact that two things were especially forbidden by this Decre-
tum:— I. To belong to the Institute while it taught pernicious
doctrines, a. To publish, retain, keep or read the " Annuaire,"
c

HISTORY OF THE OUIBORU CASE.

of 1868. And the Bishop also pointed out that any person who
persisted in keeping or reading the " Annuaire," or in ^remaining
a member of the Institute, would be deprived of the Sacrament,
" meme ii I'article de la niort."

The Institute held a meeting on the 23rd September, 1869,
and resolved : —

" I. Que riuslitut Canadicn, fonde dans un but puretnent litteraire et scien-
tifique, n'a aucunu cspccc d'cn.scigncmciU doctrinaire, ct cxclut avec soin tout en-
seigiiomeut de doclriucb pcrnicieuses dans son soin.

"2. Que les inenibres Catholiciiies de I'lnstitut Canadicn, ayant appris la
conilanuiation de i'Annuaire de 1868 de I'lnstitut Canadien par decret de Tautorite
Romaiu', doclarent se soumettre purement et simplement u ce decret."

These concessions produced no effect.

The Bishop in a letler, the last which appears in the case,
dated Rome, 30th October, iS6g, to the Administrator of the
Diocese at Montreal (which that officer received, he says, on the
17th November, the day before Guibord's death), denounces
these concessions as hypocritical, and gives five reasons why
they are insufficient, the third of which is —

'■3. Tarceijue cct acte de soumission fait partie d'un rapport du comite ap-
prouve {i ruuanimite par le corps de I'lnstitut, dans lequel est proclame una reso-
lution taniie jusija'alors secrete, qui ctablit en principe la tolerance religieuse qu
a ete la principale cause de la condamnation de I'lnstitut.

The letter concludes —

"Tous comprendront qu'en matiere si grave il n'y a pas d'absolution & donner
pas meme a I'article de la niort, fi ceux qui ne voudraient pas renoncer k I'lnstitut,
qui n'a fait qu'un acta d'hypocrisie, en feignant de se soumettre au Saint Siege."

It is right to observe here that this " principal ground of con-
demnation" of the Institute, viz., that it had passed a resolution
which established the principle of religious toleration, was en-
tirely new, does not appear in any former document, and further,
it would seem, could not have been known by Guibord.

It should also be mentioned, in order to complete the neces-
sary history of the case, that Guibord, about six years before his
death, being dangerously ill, was attended by a priest, who ad-
ministered unction to him, but refused to administer Holy Com-
munion unless he resigned his membership of the Institute, which
Guibord declined to do.

Guibord having died, as has been stated, on the i8th Novem-
ber, 1869, suddenly, of an attack of paralysis, on the 20th of

JUDGMENT OP THE PRIVV COUNCIf..

ich

;m-
of

November, the widow caused a request to be made on her be-
half to the Cure and to the Clerk of the Fabrique, to bury
Guibord in the cemetery, and tendered the usual fees.

Previously tj this application M. Roussclot, the Cure, having
heard of the deatli of Guibord, and knowing that he was a mem-
ber of the Institute, had applied to the administrator of the
diocese for his directions. He replied that he had yesterday re-
ceived a letter from the Bishop of Montreal, directing him to re-
fuse absolution " mcme a I'article de la mort " to members of
the Institute ; he could not, therefore, permit " la sepulture
ecclesiastique " to Guibord. The Cur6 having received the let-
ter, refused to bury Guibord in tht? larger pait of the cemetery,
where Roman Catholics were ordinarily buried, but offered to
allow him interment in the other part, without the performance
of any religious rites.

It seems that the agent of the widow offered to accept burial
in the larger part without religious services ; but this offer was
rejected.

On the 23rd of November, the widow presented a petition to
the Superior Court, setting out the facts and prayed that a manda-
mus might issue as above stated.

On the 24th, one of the judges of the Superior Court ordered
a writ of mandamus to issue, but it must be observed that the
writ issued was a writ of summons calling upon the defendants to
appear and answer the demand which should be made against
them by the plaintiff for the causes mentioned in the said jjetition
thereto annexed. The proceeding was in substance the same as
a rule to show cause why a writ of mandamus should not be issu-
ed. The defendants appeared and filed a petition praying that the
writ might be annulled for irregularity, upon the ground that it
was a writ of summons and not a writ of mandamus, and also
upon other technical objections. The defendants, at the same
time, filed a traverse of the plaintiff^s petition and three pleas.
The first plea was to the same effect as the petition of the defend-
ants, and set up the same alleged grounds of irregularity, and
pointed out the same defects as those mentioned in that petition.

The second plea in substance denied that the respondents had
refused to bury the deceased, and alleged that they were entitled
to point out the place in the cemetery where he should be buried,

HISTORY OF THE GUIBORD CASE.

and that they were ready to do so, and to give him such burial as
he was entitled to.

The third plea averred that the service {culte) of the Roman
Catholic religion in Canada is free, and the exercise of its religious
ceremonies of whatever nature is independent of all civil inter-
ference or control ; that, for the purpose of assuring the freedom
of that religion, the law recognizes the respondents as proprietors
of the Roman Catholic parish church of Montreal, and of its par-
sonage, cemeteries, and other dependencies, which are all Roman
Catholic, devoted to the exclusive use and exercise of that religion,
and subject to the exclusive control, and management of the
respondents and of the supefior Roman Catholic ecclesiastical
authority ; that the respondents, in such capacity, had, for more
than ten years, been proprietors and in possession of the Roman
Catholic cemetery in question, and are empowered by law to point
out the precise spot in the cemetery where each burial is to be
made ; that, besides their above mentioned capacity, the respon-
dents are also civil oiBcers within certain limits, having to fulfil
certain duties defined by law, and are legally responsible in that
capacity and sphere only ; chat the respondents, in their double
capacity thi s existing, are by the Roman Catholic religious
authority and by the law, set over the burial of persons of the
Roman Catholic denomination dying in the parish of Montreal,
and are responsible to the religious and civil authorities respect-
ively for the religious and civil portions of such functions ; that
the respondents for the execution of their double duty, and in
accordance with the immemorial custom of the Roman Catholic
parishes throughout the country, have assigned one part of the
cemetery for the burial of persons of Catholic denomination and
belief who are buried with Roman Catholic religious ceremonies,
and other part for the burial of those who are deprived ofecclesi,
astical burial ; that Joseph Guibord was a member of a literary
society at Montreal, called (he Canadian Institute, and as such
was at the time of his death and had been for about ten years
previous notoriously and puplicly subject to canonical penalties
resulting from such membership and involving deprivation of
ecclesiastical burial ; that immediately afler the death of Joseph
Guibord, the Rev. Victor Rousselot, Roman Catholic priest, and
curate of the parish of Montreal, submitted the question of his

W-'i

JUDGMENT OF THE PRIVY COUNCIL.

religious burial to the Rev. Alexis Fr^d^ric Truteau, Vicar-Gen-
eral of the Roman Catholic diocese of Montreal, and administra-
tor of the diocese, wi'.h supreme ecclesiastical authority therein,
in the absence of the Bishop, by virtue of the rescript of the Pope,
dated 4th October, 1868 ; and that the said administrator replied
by a decree declaring that, since Joseph Guibord was a member
of the Canadian Institute at the tim ■• of his death, ecclesiastical
burial could not be granted to him ; that the plaintift', by her
agents, having required M. Rousselot and the respondents to give
to the body both religious and civil burial in the cemetery in
question, they repeatedly informed the said agents of such decree
of the administrator of the diocese, and that in consequence there-
of ecclesiastical burial could not be granted and was refused, but
that they were ready as civil officers to bury the remains civilly,
and authenticate the death according to law, which offer was
never accepted by the plaintiff or her agents, and that, having re-
gard to the above facts, the plaintiff could not claim from the
respondents for the remains of her late husband more than civil
burial, and that under the conditions laid down by the ecclesias-
tical laws of the Roman Catholic Church, which the respondents
had never refused. The plea then concluded by saying that the
respondents had refused nothing but ecclesiastical burial, for the
refusal of which they were responsible only before the religious
and not before the civil authority.

The widow filed several answers to these pleas, some in the
nature of demurrers, some of traverses of the facts alleged, and to
the third plea also a special answer, settling out the facts with
respect to the dispute between the Institute, the Bishop, and the
Court of Rome, — which have been already mentioned.

The respondents joined issue on these answers, and also by
leave of the Court, filed a special replication to the petitioner's
third answer to the respondent's third plea ; in which, after repeat-
ing that the Civil Courts were incompetent to question a decision
of the ecclesiastical authorities on ecclesiastical matters, and could
not enquire into the grounds upon which ecclesiastical burial had
been refused to Guibord, they, nevertheless, cited the decrees of
the Council of Trent with regard to the Index and the proceed-
ings relating to the Institute, and concluded by an averment that,
in consequence of the premises, Guibord at the same time of his

38 HISTORY OF THE GUIBORD CASE.

death must be considered as " un pecheur public," and as such,
obnoxious to the canonical penalties imposed by the Roman
Catholic ritual, among which was privation of sepulture.

That the members of the Institute having refused to obey the
pastoral, and persisted in their refusal, "le jugement de I'EvSque
imposant la peine canonique sus-mentionnde est demeurd en
pleine force et effet."

It then avers, after slating the proceedings relating to an ap-
peal to Rome, that the Administrator-General, taking into con-
sideration all the facts relating to Guibord, "comme membre du
dit Institut," had " justement rendu le decret qui I'a privd de la
sepulture ecclesiastique," and further " que le decret, rendu dans
la forme ou il se trouve, est d'ailleurs un decret nominal."

Issue was joined on this special replication.

It is to be noticed that in this replication it is for the first
time alleged that on the ground of his being " un pdcheur public,
Guibord was disentitled to ecclesiastical burial.

The case was argued before Mr. Justice Mondelet in the Su-
perior Court, on the demurrers and on the merits.

The Court gave judgment for the widow on the merits, and
on the demurrers to the first and third pleas, and ordered a per-
emptory writ of mandamus to issue ; but declared that it did not
pay any regard either to the widow's special answer to the third
plea or the special replication, which it seems to have considered
as improperly pleaded.

There was an appeal to the Court of Revision, before three
jud'^es, who reversed the judgment of the Court below, quashed
the writ originally issued, and dismissed the writ of mandamus
with costs.

From this judgment the widow appealed to the Court of
Qiieen's Bench, and presented petitions of recusation against four
of the judges, which the judges refused to admit. It is unneces-
sary to enter upon this part of the case, as in the course of the
argument their Lordships fully expressed their opinion that these
petitions could not be sustained.

The Court of Qiieen's Bench affirmed the judgment of the
Court of Revision ; but the judges did not agree as to the grounds
upon which their decision was founded. They discussed at some
length the matters raised upon the third plea ; but they decided

'I m

JUDGMENT OF THE PRIVY COUNCIL.

against, the appellant upon the question as to the form of the writ
and the regularity of the proceedings.

The questions of form, which are not unimportant, maybe
disposed of before the graver questions which arise out of the
third plea are considered.

And tirst, is the mandamus bad upon the ground of uncer-
tainty, or upon any other ground ?

Their Lordships are of opinion that the writ was in proper
form according to the Code of Procedure for Lower Canada ;
the procedure therein pointed out, though called a mandamus,
was not a writ of mandamus in first instance, but, in effect, a
summons to answer a petition praying for an order upon the
defendants to do certain specified acts. The first thing to be
done by the defendants was not, as in the case of a writ of man-
damus in England, to make a return to the writ, but to appear
to the summons, and plead to the petition. The sections of the
Code of Procedure bearing upon this point are 1023, 1024 and
1025. Article 1023 evidently contemplates a writ of summons.
It says the application is made by petition, supported by affidavits
setting forth the facts of the case presented to the Court or a
judge, who may thereupon order the writ of summons, for it goes
on, '• and such writ is served in the same manner as any other
writ of summons." This is rendered more clear by Article 1024,
which directs the subsequent proceedings to be had in accordance
with the provisions of the first chapter of that section. That
refers to Articles from 997 to 1002, both inclusive ; which, in
cases simihir to our quo -v.irranto, require an information to be
oresented to the Court or a judge, supported by affidavits, upon
which the issue of a writ of summons maybe ordered. The writ
of summons commands appearance upon a day fixed, and is to be
served in the manner pointed out. The defendants are to appear
on the day fixed (Article loii,) and to plead specially to the in-
formation (Article ;oi2). In the case of mandamus under the
Code, therefore, the parties are not to make a return to the sum-
B mons ; the pleadings are to commence with a plea to the petition,

I and not a plea to the return to the writ. In our opinion, there-

H fore, the objection to the writ, so far as it related to its being a

I mere writ ot summons, and not a writ of mandamus, was unten-

[■"

HISTORY OF THE GUIBORD CASE.

always been adopted, is in compliance with the direction of the
Code. The other technical objections to the writ have rio sub-
stantial foundation. Three of the judges of the Court of Queen's
Bench held that the writ was correct in point of form, although
one of them, Mr. Justice Badgley, being of opinion that the writ
asked for too much, held that a peremptory writ could not issue
commanding the defendants to do the one thing only, viz., to
bury, which, according to his views, they were legally bound to do.
The procedure, therefore, requiring a petition and plea to the
petition, it appears to follow that the applicant for the writ is not
so strictly bound by the prayer of his petition as he is in this
country to the command contained in the first writ of mandamus,
and that the Court may mould the order for the peremptory writ
in the same manner as the Court here may mould the rule for a
mandamus. There being no rule which requires a peremptory
writ of mandamus to be granted in the precise terms of the first
writ, it seems to follow that the general rule applicable to plead-
ings either in equity or at common law, may be acted upon.
According to them, a plaintiff may generally obtain a decree for
less than that for which he asks, and for relief in a more distinct
and specific form than that for which he has prayed, provided it
is within the scope of the prayer.

In the present case the prayer of the petition was — that the
defendants might be commanded to bury or cause to be buried the
body of the deceased Joseph Guibord, in the Roman Catholic
Cemetery, conformably to usage and to law. That was, doubtless,
as pointed out by the Court of Review, extremely vague.

The objection to issuing a peremptory writ in that form was
clearly stated by Mr. Justice Mackay (Record, pp. 270, 271).

" Under such vague conclusion," he observes, " the point really
meant to be tried is hidden. That the defendants are bound to
bury Guibord in the Roman Catholic Cemetery, according to the
usages and the law, is indisputable, and is not disputed. Per-
emptory mandamus to do this would, nevertheless, leave things
just as unsettled between plaintiff and defendants as they were the
day before the plaintiff presented the requete."

But if the principle above laid down be acted upon, the Court
may, in a peremptory writ, specify distinctly what they consider
the defendants are bound to do according to usage and law, and

JUDGMENT OF THE PRIVY COUNCIL.

may peremptorily command the defendants to do it. If they con-
sider that the defendants are bound to provide ecclesiastical
burial with the rites and ceremonies of the Roman Catholic Church,
they may say so. If they consider that the defendants are bound
to bury the body in that part of the cemetery in which bodies of
those interred with ecclesiastical burial are usually buried, the
peremptory writ may be worded accordingly. If they think the
defendants are bound to register the burial, the writ may goon to
order such registration ; or, if they think that the defendants are
not bound to register the burial, they can order the burial alone.

The next point of form relates to the question who are the
defendants to this writ. Are they the Cur6 and " Marguilliers "
personally, or in their corporate capacity ? The name used in the
conveyance of the land for the cemetery, and that used in the
plaint and writ of summons are identical. And their Lordships
upon the whole are clearly of opinion that the writ was against
" les Cure et Marguilliers," for the time being, in their corporate
capacity as holders of the land and administrators of the cemetery ;
and that the Cur6 in his individual or spiritual capacity is not a
party to this suit.

It now becomes necessary to determine the merits of the case,
and the grave questions of public and constitutional law which
are raised by the third plea, and the subsequent pleadings.

In order to do this, it is desirable to consider shortly the status
of the Roman Catholic Church in Lower Canada, both before and
after the cession of the Province of Quebec, in 1762.

It is certain that before the cession the Established Church of
that Province, as in the Kingdom of France itself, was the Roman
Catholic Church ; its law, however, being modified by what were
known as " les libert^s de I'Eglise Gallicane.'" There seem also
to have been regular Ecclesiastical Court*, and besides them there
was vested in the Superior Council of Canada the jurisdiction
recognized in French jurisprudence and enforced by the Parlia-
ments of France as the " appellatio tanquam ab abusu," or the
" appel comme d'abus."

In Dupin's " Manuel du Droit Public Ecclesiastique Francais,"
ed. 1845, the celebrated work of Pithou is set forth, with notes of
the learned editor, in the 79th Article. Pithou's treatise defines
the " appel comme d'abus" as that — *

42 HISTORY OF THE GUIBORD CASE.

" Appellation precise que nos p^res ont dit estre quand il y a entreprise de
jurisdiction ou attentat centre les saints decrets et canons receux en ce royaume.
droits, franchises, libertez, et privileges de I'Eglise Gallicane, concordats, edits, et
onlonnances du Roy, arrests de son Parlement : bref, contre ce qui est non-
seulement de droict commun, divin ou natural, mais aussi des prerogatives de ce
royaume et de I'Eglise d'iceluy."

The following are the public documents which sho how the
Roman Catholic Church in Lower Canada was dealt with on the
conquest and cession of the province : —

The 27th Article of the Instrument of Cession is in these
terms :

" Le libre exercice de la religion Catholique Apostoliquc et Romaine subsistera
en son entier, encorte que tous les etats et le peuple des villes et des campagnes,
lieux et postes eloignes, pourront continuer de s'assembler dans les eglises et de
frequenter les sacrements comme ci-devant, sans ctre inquiet^s d'aucune maniCre^
directement ou indirectement. Ces peuples seront obliges par le Gouvernement
An^jhis a payer sous le gouvernement de Sa Majeste Tres Chretienne. Accorde
j)our le libre exercice de leur religion I'obligation de payer les dimes aux prctres
dependra de la volonte du Roi." — (Page 15, " Actes Publics.")

Again, in the Treaty of 1 763 it is said : —

" Sa Majeste Britannique consent d'accorder la liberie de la religion Catho-
lique aux habitants du Canada, et leur pemiet de professer le culte de leur religion,
autant que les lois de I'Angleterre le permettent."

And lastly, by an Act of Parliament passed in 1774 (14 Geo.
Til, c. 83), intituled, " An Act for making more Effectual Pro-
vision for the Government of Qiiebec, in North America," it was
declared by section 5 that, for the more perfect security and ease
of the minds of the inhabitants of the said province, His Majesty's
subjects professing the religion of the Church of Rome of and in
the said Province of Qijebec might have, hold, and enjoy the free
exercise of the religion of the Church of Rome, subject to the
King's supremacy, declared and established by an Act made in
the first year of the reign of Her Majesty, Queen Elizabeth, over
all the dominions and countries which then did, or should there-
after belong to the Imperial Crown of this realm, and that tlie
clergy of the said Church might hold, receive, and enjoy their
accustomed dues and rights with respect to such persons only as
should profess the id religion.

And by the 8th section it is enacted : • . .

' ' That all His Majesty's Canadian subjects within the Province of Quebec,

jrnOMENT OF THE PRIVY COUNCIL.

the religious orders and communities only excepted, may also hold and enjoy their
property and possessions, together with all customs and usages relative thereto, and
all other their civil rights, in as large, ample, and beneficial manner as if the said
Proclamition, Commissions, Ordinances, and other Acts and Instruments had not
been mr.de, and as may consist with their allegiance to His Majesty, and subjection
to the Crown and Parliament of Great Britain ; and that in all matters of con-
troversy, relative to property and civil rights, resort shall be had to the laws of
Canada as the rule for the decision of the same," &c.

From these documents it would follow that, although the
Roman Catholic Church in Canada may on the conquest have
ceased to be an Established Church in the full sense of the term,
it, nevertheless, continued to be a Church recognized by the State ;
retaining its endowments, and continuing have certain rights
(e. jff., the perception of " dimes" from iL-. members) enforceable
at law.

It has been contended on behalf of the Appellants that the
effect of the Act of Cession, the Treaty, and subsequent legisla-
tion, has been to leave the law of the Roman Catholic Church as
it existed and was in force before the Cession, to secure to the
Roman Catholic inhabitants of Lower Canada all the privileges
which their fathers, as French subjects, then enjoyed under the
head of the liberties of the Gallican Church ; and further, that the
Court of Qiieen's Bench, created in 1794, possessed, and that the
existing Superior Court now possesses, as the Superior Coun-
cil heretofore possessed, tbe power of enforcing these
privileges by proceedings in the nature of " appel comme
d'abus." Considering the altered circurnstances of the
Roman Catholic Church in Canada, the non-existence of any
recognized ecclesiastical Courts in that Province, such as those in
France which it was the office of an "appel comme d'abus" to
control and keep within their jurisdiction ; and the absence of any
mention in the recent Code of Procedure for Lower Canada of
such a proceeding, their Lordships would feel considerable diffi-
culty in affirming the latter of the above propositions Mr. '
Justice Mondclet, indeed, (Record 227-236) refers in his judg-
ment to various cases of a mixed character in which the Civil
Coin-ts appear at first sight to have recently exercised a jurisdic-
tion somewhat analogous to that exercised in the " appel
comme d'abus." But on examination these cases prove to be
suits qf a different character, actions for damages against

■ \

44 HISTORY OF THE GUIBORD CASE.

spiritual persons for wrongs done by them in their spiritual
capacities.

Their Lordships do not, however, think it necessary to expres
any opinion as to the competence of the Civil Courts to entertain
a suit in the nature of the " appel comme d'abus." as they agree
with Mr. Justice Mackay and other judges of the Court of Revision,
that in such a suit the procedure must be different from the
present, and thaf at least it would be necessary to bring the proper
ecclesiastical authorities before the Court as defendants.

It is another and a different question, to be considered here-
after, whether the jurisprudence and precedents relating to the
" appel comme d'abus" may not be considered by their Lordships
as evidenc j the law of the Church in Canada, by the malad-
ministration of which the appellant complains that he has been
wronged.

Nor do their Lordships think it is necessary to pronounce an
opinion upon the difficult questions which were raised in the
argument before them touching the precise siatus, at the present
time, of the Roman Catholic Church in Canada. It has, on the
one hand, undoubtedly, since the cession, wanted some of the
characteristics of an Established Church ; whilst, on the other
hand, it differs materially in several important particulars from
such voluntary religious societies as the Anglican Church in the
Colonies, or the Roman Catholic Church in England. The pay-
ment of " dimes" to the clergy of the Roman Catholic Church
by its lay members, and the rateability of the latter to the main-
tenance of parochial cemeteries, are secured by law and statutes.
These rights of the Church must beget corresponding obligations,
and it is obvious that this state of things may give rise to questions
between the laity and clergy which can only be determined by the
Municipal Courts. It seems, however, to their Lordships, to be
unnecessary to pursue this question, because even if this Church
were to be regarded merely as a private and voluntary religious
society resting only upon a consensual basis, Courts of Justice are
still bound, when due complaint is made that a member of the
society has been injured as to his rights, in any matter of a mixed
spiritual and temporal eharacter, to enquire into the laws or rules
of the tribunal or authority which has inflicted the alleged injury.

JUDGMENT OP THE PRIVY COUNCIL. ,45

In the case of " Long vs. the Bishop of Cape-Town," their
Lordships said : —

" The Church of England, in places where there is no Church esttiblished by
law, is in the same situation with any other religious body — in no better, but in
no worse position ; and the members of any other communion may adopt rules
for enforcing discipline within their body which will be binding on those who,
expressly or by implication, have assented to them. It may be further laid down
that, where any religious or other lawful association has not only agreed oti the
terms of its union, but has also constituted a tribunal to determine whether the
rules of the association have been violated by any of its members or not, and what
shall be the consequence of such violation ; the decision of such tribunal will be
binding when it has acted within the scope of its authority, has observed such
forms as the rules require, if any forms be prescribed, and, if not, has proceeded
in a manner consonant with the principles of justice." — (l Moore, N. S., 461).

Their Lordships will bear in mind these principles in the judg-
ment which they are about to pronounce.

Now, what is the question to be here decided ? It is the right
of Guibord to interment in the ordinary way in the cemetery of
his parish, a right enforceable by his representative. It may be
observed that the Cure and Marguilliers are only proprietors of
the parochial cemeteiy, in the sense in which a parson in England
is the owner of the freehold of the churchyard, that is to say, sub-
ject to the right of the parishioner to be buried therein. The
respondents do not contest that Guibord had that right, but say
that they have refused nothing but ecclesiastical burial, for the
refusal of which they are responsible only to the religious, and not
to the civil authority. They admit, however, that the consequence
of the refusal of ecclesiastical burial is that the remains of the
deceased can be interred only in the smaller or reserved portion
of the cemetery. It cannot be doubted on the evidence that this
qualification of the general right of interment, this separation of
the grave from the ordinary place of sepulture, implies degrada-
tion, not to say infamy.

That forfeiture of the right to ecclesiastical burial, involving
these consequences, may be legally incurred, is not denied by the
appellants. Their contention is, that it was not so incurred by
Guibord ; that, according to the law of the religious community
to which he belonged, he retained at the time of his death his
right to be buried in the larger portion of the cemetery in the usual
manner.

46 HISTORY OP THE GUIBORD CASE.

Their Lordships are disposed to concur, with one qualifica-
tion, in the opinion expressed by Mr. ] ustice Berthelot as to the
mixed character of these questions. He says :

"Le bapteme, le mariage, et la sepulture soiit dc matiere mixtc, et les
eccl^siastiques ne peuvent se refuser de les administrer a. ceux de leurs paroissiens
qui y ont droit, comma residants dans I'enclave de sa paroisse, u molns cependanl
qu'il n'y ait des peines ecclesiastiques prononcees centre eux par I'evuque ou autre
autorite ecclesiastique competente."

If this passage is to be taken to imply that it is competent to
the Bishop to deprive a Roman Catholic subject of his rights by
pronouncing against him ex mero motu ecclesiastical penalties,
their Lordships are of opinion that the proposition is too wide.
They conceive that, if the act be questioned in a Court of Justice,
that Court has a right to enquire, and is bound to enquire, whetlier
that act was in accordance with the law and rules of discipline of
the Roman Catholic Church which obtain in Lower Canada, and
whether the sentence, if any, by which it is sought to be justified,
was regularly pronounced by an authority competent to pro-
nounce it.

It is worthy of observation, as bearing both upon the question
of the .y/a/«5 of the Roman Catholic Church in Lower Canada,
and the manner of ascertaining the law by which it is governed,
that in the Courts below, it was ruled, apparently at the instance
of the respondents, that the law, including the ritual of the Church,
could not be proved by witnesses, but that the Courts were bound
to take judicial notice of its provisions.

The application of this ruling would be difficult, unless it be
conceded that the ecclesiastical law which now governs Roman
Catholics in Lower Canada is identical with that which governed
the French province of Quebec. If modifications of that law
have been introduced ^mce the cession they have not been intro-
duced by any legislative authority. They must have been the
subject of something tantamount to a consensual contract binding
the members of that religious community, and, as such, ought, if
invoked in a Civil Court, to be regularly proven.

It seems, however, to be admitted on both sides that the law
upon the point in dispute is to be found in the Qiiebec ritual, which
was certainly accepted as law in Canada before the cession of the
province, and does not differ in any material particular from the

JUDGMENT OF THE PkIVY COUNCIL. 47

Roman ritual also cited in the Couit below. The Quebec ritual

is as follows : —

" On doit refuser la s6pulture ecclesiastique, — lo, aux Juifs, aux infideles,
aux'hC'r6tiques, aux apo^tats, aux schismatiqucs, et enfin a tous ccux qui ne font ,
pas profession de la religion Catholique. 20. Aux eafants morts sans baptSme.
30. A ceux qui auraient 6te nommiment excommunies ou interdits, si ce n'est
qu'avant de mourir ils aient donne des marques de douleur, auquel cas on pourra
leur accorder la sepulture ecclesiastique, apr&s que la censure aura et6 levee par
nos ordres. 40. A ceux qui se seraient tues par colore ou par desespoir, s'ils
n'ont donne avant leur mort des marques de contrition ; il n'en est pas de raeme
de ceux qui se seraient tues par frenesie ou accident, auxquels cas on la doit
accorder. 50. A ceux qui ont eie tues en duel, quand memo ils auraient donne des
marques de repentir avant leur mort. 60. A ceux qui, sans excuse legitime,
n'auront pas satisfait k leur devoir pascal, a moins qu'ils n'aient donne des marques
de contrition. 70. A ceux qui sont morts notoirement coupables de quelque
peche mortel, comme si un fiddle avait refuse de se confesser, et de recevoir les
autres sacrement avant que de mourir, s'il etait mort sans vouloir pardonner a ses
ennemis, s'il avait etc assez impie pour blasphemer sciemment et volontairement
sans avoir donn6 aucun signe de penitence. II ne faudrait pas user de la meme
rigueur envers celui qui aurait blasphdme par folic ou par la violence du mal, car
en ce cas les blasphemes ne seraient pas volontaires, ni par consequent des peches.
80. Aux pecheurs publics qui seraient morts dans I'imp^nitence ; tels sont les
concubinaires, les filles ou femmes prostituees, les sorciers et les farceurs, usuriers, /

etc. A I'cgard de ceux dont les crimes seraient secrets, comme on ne leur refuse
pas les sacrements, on ne doit pas aussi leur refuser la sepulture ecclesiastique
Pour ce qui est des criminels qui auront 6te condamnes i mort et executes par
ordre de la justice, s'ils sont morts penitents, on peut leur accorder la sepulture
ecclesiastique, mais sans ceremonie. Le cure ou vicaire y assiste sans surplis, et
disent les prieres S voix basse. Quand il y aura quelque doute sur ces sortes de
choses, les cures nous consulteront ou nos grands vicaires."

The refusal of ecclesiastical burial to Guibord is not justified,
and could not have been justified by either the ist, 2nd, 4th, 5th,
or 7th of the above rules.

To bring him within tlie 3rd rule it would be necessary to
show that he was excommunicated by name. That such a
sentence of excommunication might be passed against a Roman
Catholic in Canada and that it might be the duty of the Civil
Courts to respect and give effect to it, their Lordships do not deny .
It is no doubt true, as has already been observed, that there are
now in Canada no regular ecclesiastical Courts, such as existed
and were recognized by the State when the province formed part
ot the dominions of France. must, however, be remembered
that a Bishop is always a judex ordinarius^ according to the

HISTORY OF THE GUtnORD CASE.

canon law, may hold a Court and deliver I'udgment if he has not
appointed an oflicial to act for him. And it must further be
remembered that, unless such sentences were recognized, there
would exist no means of determining amongst the Roman Catholics
of Canada the many questions touching faith and discipline which,
upon the admitted canons of their Church, may arise amongst
them. There is, however, no proof that any sentence of excom-
munication was ever passed against Guibord nomtnatitn by the
Bishop or any other ecclesiastical authority. Indeed, it was
admitted at the Bar that there was none ; their Lordships are
therefore relieved from the necessity of considering how far such
a sentence, if passed, might have been examinable by the Tem-
poral Court, when a question touching its legal effect and validity
was brought before that Court.

It should be borne in mind that an issue was distinctly raised
by the pleadings upon the fact of such a sentence ; and the neces-
sity of such a sentence to justify the refusal seems to be, to some
extent, admitted by the allegation in the defendant's pleading that
le decret, as it is there called, of the Administrator-General, was
un decret nominal.

In the course of the argument it was suggested, rather than
argued, that the r^/usal of ecclesiastical burial in Guibord's case
might be brought within the 6th of the above rules, and justified
on the ground that, without legitimate reason, he had failed to
communicate at Easter. But upon this their Lordships have to
observe that this failure was not the ground on which ecclesiasti-
cal burial was denied to him ; and that, so far from wilfully
abstaining from receiving the sacraments of the Church, those
sacraments were refused to him when he desired to receive them,
simply because he continued to be a member of the Institute.

The cause of refusal finally insisted upon was that Guibord
was " un p6cheur public " within the meaning of the 8th rule.
This defence was set up for the first time in the replication.
The Administrator-General's evidence on the point should be
noticed : —

" Question. — Pour quelle raison feu Joseph Guibord, comme membre de
rinstitut Canadien, ne pouvait-il pas Stre admis aux sacrements de I'Eglise ?

" Riponse. — Farce que, comme tel, il est consider^ comme pecheur public.
On entend par pecheur public celui qui, pour ime raison connue publiquement, ne
peut participer aux sacrements de I'Eglise. M. Joseph Guibord, en appartenant h,

REV. CURE ROUSSELOT— (See page r4a)

I!*.,,

JUDGMENT OF THE PRIVY COUNCIL.

I'Institut Canadien, appartenait k un Institut qui se trouvait, comme il se trouve
encore, sous les censures de I'Eglise par la raison qu'il possMe une bibliothdquc
contenant des livres defendus par I'Eglise sous peine d 'excommunication, la/a
sentential encourue ipso facto, et r^servee au Pape, par le fait de la possession des
dits livres. Cette esp^ce d'excommunication s'encourt par le fait mSme, dds que
Ton connah la loi de I'Eglise qui en defend la lecture et la retenue, d^s que cela
parvient k la connaissance de ceux qui les possedent. Cette excommunication a
atteint M. Guibord par le fait m3me qu'il etait membre de I'Institut. I.orsqu'on
est sous I'effet de la dite excommunication, quoique Ton puisse continuer k 6tre
membre de I'Eglise Catholique, et que, de fait, Ton continue k en Stre membre,
•'on est prive de la participation aux sacrements, ce qui entratne la privation de la
sepulture ecclesiastique. Voilk pourquoi cette espdce de sepulture a ete refiis^ k
M. Guibord."

The evidence continues —

" Questivtt. — Le dit feu Joseph Guibord, comme membre de I'Institut
Canadien, etait-il sous I'effet de I'excommunication, en vertu de quelque r^le
generate de I'Eglise seulement, ou en consequence de quelque decret particulier ?

" Ripottse. — II y etait d'abord en vertu de la loi generale de I'Eglise, et en
vertu de I'application qu'en a faite I'Evfeque de Montreal par son manderaent."

The evidence further continues —

" Question. — A quel mandement faites-vous allusion ?

" Rifonse. — C'est k celui produit en cette cause comme I'Exhibit B. de I*
Demanderesse.

" Question.— YJsX-W declare quelque part dans aucun mandement ou lettre
pastorale emanant de I'Eveque de Montreal que le fait d'appartenir k I'Institut
Canadien entraine I'excommunication ; et si vous r^pondez afiirmativement,
veuillez indiquer les termes qui decrdtent telle chose.

" Riponse. — Ceci est declare dans I'annonce de Monseigneur de Montreal,
que, en ma quality d'administrateur, j'ai fait publier le quatorze Aodt mil huit cent
soixante-et-neuf, bquelle annonce est produite comme piece D. de la Demande'
resse. Voici dans quels termes ceci est declard. "Ainsi, nos tres chers freres,
deux choses sont ici specialement et strictement deiendues, savoir : i, de faire
partie de I'Institut Canadien tant qu'il enseignera des doctrines pernicieuses ; et 2,
de publier, retenir, garder, lire VAnnuaire du dit Institut pour i868. Ces deux
commandements de I'Eglise sont en matifere grave, il y a par consequent un
grand peche a les violer sciemment. En consequence celui qui persiste k vouloir
rester dans le dit Institut, ou k lire ou seulement garder le sus-dit Annuaire, sans
y Stre autorise par I'Eglise, se prive lui-mSme des sacrements, m^me & I'article
de la mort, parceque, pour 6tre digne d'en approcher, il faut detester le peche, qui
donne la mort k I'&me, et §tre dispose k ne plus le commettre. "

" Question. — Etre priv^ des sacrements et fttre excoramuni^, est-ce la mdme
hose ?

" Riponse.— Dwa& le cu pr^ent, c'est U mime chose.

HISTORY OF THE GUIBORD CASE.

" Question, — L'excommunication, peut-elle dtre prononcee sans qu'il soit
ineme fait usage du mot ?

" Riponsf.—]c ne suis pas pr6t ft repondre & cette question."— (Record^
146. 7)-

It is impossible wholly to avoid a suspicion that it had
originally been intended to rely on an ipso facto excommunication,
and that this subsequent defence of " p^cheur public " was
resorted to when it became manifest that a sentence of excommu-
nication was necessary, and that none had been pronounced.

What is this category of " pecheur public" to include ? Is the
category capable of indefinite extension by means of the use of
an et ccetera in the Quebec Ritual, or if the force of an ci ccetera
is to be allowed to bring a man within the category of persons
liable to what in ecclesiastical law is a crimmal penalty, must it
not be confined to oflfences ejusdem generis as those specified ?
Guibord's case did not come within any of the enumerated
classes.

Some argument was raised as to the effect of the words,
" quand il y aura quelque doute sur ces sortes de chose, les Cur^s
nous consulteront ou notre grand Vicaire ;" but their Lordships
are of opinion that these words can at most imply a duty on the
part of the Cur^ to consult the Ordinary as to the application of
the law in doubtful cases, not a power on the part of the Ordinary
to enlarge the law in giving those directions, or to create a new
category of offenders.

To allow a discretionary addition to, or an enlargement of, the
categories specified in the Ritual, would be fraught with the most
startling consequences. For instance, the et ccetera might be,
according to the supposed exigency of the particular case, ex-
panded so as to include within its bann any person being in
habits of intimacy or conversing with a member of a literary so-
ciety containing a prohibited book ; any person visiting a friend
who possessed such a book ; any person sending his son to a
school in the library of which there was such a book ; going to a
shop where such books were sold ; and many other instances
might be added. Moreover, the Index, which already forbids
Grotius, Pascal, Pothier, Thuanus, and Sismondi, might be made
to include all the writings of jurists and all legal reports of judg-
ments supposed to be hostile to the Church of Rome ; and the

JUDGMENT OF THE PRIV^' COUNCIL.

Roman Catholic lawyer might find it diflficult to pursue the
studies of his profession.

Their Lordships are satisfied that such a discretionary enlarge-
ment of the categories in the Ritual would not have been deemed
to be within the authority by the law of the Gallican Church as it
existed in Canada before the cession ; and, in their opinion, it is
not established that there has been such an alteration in the status
or law of that Church founded on the consent of its menibers, as
would warrant such an interpretation of the Ritual, and that the
true and just conclusion of law on this point is, that the fact of
being a member of this Institute does not bring a man within the
category of a public sinner to whom Christian burial can be legally
refused.

It would further appear that, according to the ecclesiastical
law of France, a personal sentence was in most cases required in
order to constitute a man a .public sinner.

yean de Pontas (Article 2, des Cas de Conscience, vo. Sepul-
ture, A. D. 1715, Record 245) says: —

" Un homme en B' ranee n'est point cense pecheur public, et ne peut etre
traite comme tel, a moins qu'il n'y ait une sentence declaratoire rehdue par le
jugment ecclesiastique contre le coupable.

" A propos d'un concubinaire public, pendant pres de dix ans, mort endurci
dans le crime, sans avoir voulu se confesser, Pontas decide que ' le cure doit
enterrer cet homme en observant toutes les formalites pratiquees par I'Eglise, sans
pouvoir ni s'absenter, ni feindre de refuser la sepulture ecclesiastique, sous pretexte
d'intimider les autres pecheurs semblables, ni enfin ordonner tl un autre pr§tre de
I'enterrer sans observer les ceremonies ordinaires.' "

Durant de Maillane (Droit Canonique, t. 5, p. 442.) says : —

" On ne reconnait pour v^ritables excommuni^ h. fuir, que les Paiens et les
Juifs, ou les heretiques condamnes et separes ainsi totalement du corps des fideles.
I^es autres coupubles de differents crimes qu'ils n'expient point avant leur mort ne
sont prives de la sepulture que lorsq'ils sont denonces excommunies, ou que leUr
impenitence finale est tellement notoire qu'on ne peut absolument s'en deguiser la
connaissance. Le moindre doute tire le defunt hors du cas de privation, parce que
chacun est presume penser a son salut.

" Suivant les maximes du royaume, on ne prive de la sepulture ecclesiastique
que les heretiques separes de la communion de I'Eglise, et les excommunies
denonces. La notoriete sur cette matiere n'est pas absolument requise, parce qu'il
y a des cas oil il est trds necessaire de faire respecter a cet egard les saintes lois de
I'Eglise ; mais elle n'est pas ais^ment re(;ue, ^ cause des inconvenients qui pour-
raient en resulter ; car le refus de la sepulture est regarde parmi nous comme une
telle injure, ou meme comme un tel crime, que chaque fidele, pour I'honneur de

HISTORY OF THE GUIBORD CASE.

la religion, et la memoire ou mfeme le bien de son hire en J^sus-Christ, est rece-
vable k s'en plaindre. Cette plainte se porta devant des juges seculiers, parce
qu'elle interesse en quelque sorte le bon ordre dans la societe, et I'honneur mSme
de ses membres."

Hericourt (Lois Eccl^siastiques, p. 1 74; : —

" Avant de d^noncer excommuni^ celui qui a encouru une excommunication
lata smtentid, il faut le citer devant le juge eccl^siastique, afin de justifier le crime
qui a donne lieu a la censure et d'examiner s'il n'y aurait pas quelque moyeu de
defense legitime i proposer. "

No personal sentence, such as is contemplated by these
authorities, was, as already pointed out, ever passed against
Guibord.

It is also to be borne in mind that no sentence, whatever
might have been its value, was passed even after Guibord's death.
There is, indeed, a letter called a dicret of the Administrator-
General to the Cur6, which, after referring to a letter of the
Bishop, written before Guibord's death, refuses ecclesiastical
sepulture to him as a member of the Institute. The representa-
tives of Guibord were neither summoned nor heard. This so-
called deeret had none of the essential elements of a judicial
sentence.

It remains for their Lordships to consider what in the substan-
tive law upon which the respondents rely in support of their con-
tention that Guibord is to be considered a public sinner within
the terms of the Quebec ritual.

They appear to place their principal reliance on Rule X of
the Council of Trent : —

"Omnibus fidelibus prtccipitur ne quis audeat contra h.rum regularum
praescriptum, aut hujus Indicis prohibitionem libros aliquos legere aut habere.

" Quod si quis libros hereticorum vel cujus vis auctoris scripta ob heresim vel
ob falsi dogmatis suspicionem damnata, atque prohibita legerit vel habuerit, sUtim
in excommunicationis sententiam incurrat. "

Various observations arise on this citation, which seem to de-
prive it of all authority in the present case.

In the first place it is a matter almost of common knowledge,
certainly of historical and legal fact, thr^t the decrees of this Coun-
cil, both those that relate to discipline and to faith, were never
admitted in France to have effect propria vigore^ though a great
portion of them has been incorporated into French Ordonnances.

JUDGMENT OF THE PRIVY COUNCII-

In the second place, France has never acknowledged nor received,
but has expressly repudiated, the decrees of the Congregation of
the Index.

Gibert^ in his Institute', says that the f^joyic/o excommunica-
tion inflicted by the Council of Trent as the punishment of read-
ing or possessing prohibited books would have no effect in France
dans le fort extirieur. Dupin, a jurist already mentioned, de-
nies the authority in France of the decrees of the Congregation.
He says : —

" En effet, en consultant les precedents, on trouve un c^lebre arrSt du Parle-
ment de Paris qui I'a jug^ ainsi 1647, apr^s un eloquent plaidoyer de rAvocat-
General Omer Talon :

" ' Nous ne reconnoissons fmnt en franct,^ dit ce Magistral, 'I'autorit^, la
puissance, ni la jurisdiction des congregations qui se tiennent a Rome ; le Pape
peul les etablir comme bon lui semble dans ses Etats ; mais les dicrets de ces con-
f^rigations nont point d'autoriU ni d'cxictition dans leroyaume. . . . . II est
vrai que dans oes congregations se censurent les livres d^fendus, et dans icelles se
fait I'indfx expurgatorius, lequel s'augmente tous les ans ; et c'est 1& oil autrefois
ont ete censures les arrets de cette cour rendus contre Chastel, les oeuvres de M.
le President de Thou, les libert^s de I'Eglise Gallicane, et les autres livres qui
concernent la conservation de la personne de nos rois et I'exercice de la justice
royale.'" &c. — (Dupin, Droit Public Eccl^siastique, avertissement sur la 4dme
edition).

No evidence has been produced before their Lordships to
establish the very grave proposition that Her Majesty's Roman
Catholic subjects in Lower Canada have consented, since the
cession, to be bound by such a rule as it is now sought to enforce,
which, in truth, involves the recognition of the authority of the
Inquisition, an authority never admitted but always repudiated by
the old law of France It is not, therefore, necessary to enquire
whether since the passing of the 13 Geo. Ill, c. 83, which incor-
porates (s. 5) the ist of Elizabeth, already mentioned, the Roman
Catholic subjects of the Qiieen could not legally consent to be
bound by such a rule.

The conclusion, therefore, to which their Lordships have
come upon this difficult and important case is that Respondents
have failed to show that Guibord was, at the time of his death?
under any such valid ecclesiastical sentence or censure as would,
according to the Quebec ritual, or any law binding upon Roman
Catholics in Canada, justify the denial of ecclesiastical sepulture
to his remains.

54 HISTORY OF IHE (lUlHORU CASE.

It is, however, suggested that the denial took place, in fact, by
the order of the Bishop or his Vicar-General ; that the Respond-
ents are bound to obey the orders of their ecclesiastical superior ;
and, therefore, that no mandamus ought to issue against them.
Their Lordships cannot accede to this argument. They appre-
hend that it is a general rule of law in almost every system of
jurisprudence that an inferior officer can justify his act or omission
by the order of his superior only when that order has been regu-
larly issued by competent authority.

The argument v^ould, in fact, amount to this : that even if it
were clearly established that Guibord was not disentitled by the
law of the Roman Catholic Church to ecclesiastical burial, never-
theless the mere order of the Bishop would be sufficient to justify
the Cur^ and " Marguilliers " in refusing to bury him in that part
of the parochial cemetery in which he ought, on this hypothesis, to
be interred ; or, in other words, the Bishop, by his own absolute
power in any individual case, might dispense with the application
of the general ecclesiastical law, and prohibit upon any grounds,
revealed or not revealed, satisfactory to himself, the ecclesiastical
burial of any parishioner. There is no evidence before their
Lordships that the Roman Catholics of Lower Canada have con-
sented to be placed in such a condition.

Their Lordships do not think it necessary to consider whether,
if the parties and circumstances of the suit had been different,
they would or would not have had power to order the interment
of Guibord to be accompanied by the usual religious rites, because
the widow finally forewent this demand, and Counsel at their
Lordship's bar have not asked for it, and also because the Cure is
not before them in his individual capacity ; but they will humbly
advise Her Majesty that the Decrees of the Court of Queen's
Bench and of the Court of Review be reversed. That the origi-
nal Decree of the Superior Court be varied, and that, instead of
the order made by that Court, it should be ordered that a per-
emptory writ of mandamus be issued, directed to " Les Cure et
de rCEuvre et Fabrique de Notre-Dame de Montreal," command-
ing them, upon application being made to them by or on behalf
of Institut Canadien, and upon tender or payment to them of the
usual and accustomed fees, to prepare, or permit to be prepared,
a grave in that part of the cemetery in which the remains of

.TtrntJMKNT OK IHR PRIVY COUNCIL

Roman Catholics, who receive ecclesiastical burial, are usually
interred, for the burial of the remains of the said Joseph Guibord ;
and that, upon such remains being brought to the said cemetery
for that purpose at a reasonable and proper time, they do bury
the said remains in the said part of the said cemetery, or permit
them to be buried there. And that the Defendants do pay the
Canadian Institute all the costs of the widow in all the lower
Courts, and of this Appeal, except such costs as were occasioned
by the plea of recusatio judicis^ which should be borne by the
Appellants.

Their Lordships cannot conclude their Judgment without
expressing their regret that any conflict should have arisen
between the ecclesiastical members of the Roman Catholic Church
in Montreal, and the lay members belonging to the Canadian
Institute. . '

It has been their Lordships' duty to determine the questions
submitted to them in accordance with what has appeared to them
to be the law of the Roman Catholic Church in Lower Canada.

If, as was suggested, difficulties should arise by reason ot an
interment without religious ceremonies in the part of the ground
to which the mandamus applies, it will be in the power of the
ecclesiastical authorities to obviate them by permitting the per-
formance of such ceremonies as are sufficient for that purpose,
and their Lordships hope that the question of burial, w'th such
ceremonies, will be reconsidered by them, and further litigation
avoided.

VIII.

DECREE OF THE PRIVY COUNCIL.

On the 12th of August, 1875, Mr Joseph Doutre, Q^C, received
from London the official Decree of the Privy Council, command-
ing the ecclesiastical authorities to bury the remains of Joseph
Guibord in the manner therein set forth. The Decree was
accompanied by the following letter : —

(Copy).

Council Office, Whitehall,
23rd July, 1875.
Dame Henriette Brown,

Vi.

' Les Curi &c., de Montreal from Canada
Gentlemen,

I have the honor to transmit to you the Order of Her Majesty
in Council approving the Report of the Judicial Committee of the
Privy Council on the above appeal.

♦ This printed document, with the seal of thf^ Privy Council, and
the signature of the Clerk of the Council, is the original Order of
Her Majesty, which must be filed in the Court from which the
appeal is brought in order to give effect to the judgment.

Other printed copies of this order, not so authenticated, may
be obtained at the Privy Council office by the parties upon pay-
ment of five shillings for each copy.

I am, gentlemen,

Your obedient servant,

(Signed) H. REEVE,
Rg. P. L.
Messrs. Few & Co.

(L.S.)

DECRBK OF THI PRIVY COUNCIL. 57

^t the iottiti 9t Vttindsor d^Mt,

The aSth day of November, 1874.

PRESENT.

The Queen's Most Excellent Majesty.

Lord Prbsidknt.
Earl of Derby.
Mr. Secretary Cross.

** TITHEREAS, there was this day read at the Board a Kepurt from the
" Judicial Committee of the Privy Council, dated the 21st of November,
instant, in the words following, vii : —

" YOUR MAJESTY having been pleased by your General Order in Council
of the 3rd November, 1 871, to refer unto this Committee the matter of a humble
appeal between Dame Henriette Brown, appellant, and the Curate and Church-
wardens of the Parish of Montreal, respondents, and likewise, a humble petition
of Dame Henriette Brown, of Montreal, in the Province of Quebec, Canada,
setting forth that the appellant's late husband, Joseph Guibord, died on the i8th
day of November, 1869, and burial in the Roman Catholic cemetery, at Montreal,
having been refused to his remains, the appellant applied by petition to the Superior
Court of the Province of Quebec, Canada, for a writ of mandamus, commanding
the Curate and Churchwardens of the Parish of Montreal, on payment by the
appellant of the usual fees, to inter or cause to be interred within eight days from
the judgment to be rendered, in the Roman Catholic Cemetery of Cotes des
Neiges, under their control and administration, the body of the said Joseph Guibord,
according to custom and law, and, further, to insert in the civil registers
kept by them, the certificate of the said interment of the said Joseph
Guibord ; that a writ was accordingly issued by order of a judge of
the said court, commanding the said Curate and Churchwardens of the said
Parish of Montreal, to perform the said acts and duties, or to show cause to the
contrary, which writ, together with the appellant's aforesaid petition, was duly
served upon the said Curate and Churchwardens of the said Parish of Montreal ;
that the said Curate antl Churchwardens duly appeared and pleaded, and issue
having being joined and evidence taken, the whole case was heard upon the merits,
and on the ^nd day of May, in the year of Our Lord 1870, the Superior Court
gave judgment in favor of the appellant, and ordered a peremptory writ of
mandamus to issue, commanding the said Curate and Churchwardens to perform
the said acts and duties hereinbefore set forth ; that the said Curate and Church-
wardens inscril)ed the case for review, and on the loth day of September, in the
year of Our Lord 1870, the Court gave judgment reversing the said judgment of
the 2nd of May in the year of Our Lord 1870, and quashing the said writ of manda-
mus ; that the appellant duly appealed from the said judgment to the Court of
Queen's Bench for Canada, Prorince of Quebec ; that on the 2nd day of December

S^ HISTORY OF THR fJUlHQKI) CASE.

in the year of Our Lord 1870, the appellant presented petitions of recusation
against four of the judges of the said Court of Queen's Bench } that on the 9th
(lay of December, in the year of Our Lord 1870, the said Court of Queen's Bench
gave judgment declaring the said petitions inadmissable ; that the four judges
against whom the said petitions of recusation were presented took part in this
judgment ; that the said Court of Qneen's Bench proceeded to hear the case on
the merits, and on the 7th day of September, in the year of Our Lord 187 1, gave
judgment dismissing the appeal with costs ; that the four judges against whom
the petititions in recusation were presented took part in the said judgment ; that
the appellant feeling herself aggrieved by the said judgment of the Court of
Revision of the loth day of September in the year of Our Lord 1870, and the said
judgments of the Court of Queen's Bench of the 9th day of December in the year
of Our Lord 1870, and the 7th day of September in the year of Our Lord 1871,
applied to the said Ccfmt of Queen's Bench for leave to appeal to Your Majesty in
Council, and the said Court of Queen's Bench granted such leave upon the usual
terms, which have since been duly complied with, and humbly praying that Your
Majesty in Council will be pleased to take her said appeal into consideration, and
that the said judgment of the Court of Revision of the loth day of September in
the year of Our Lord 1870, and the said' judgments of the Court of Queen's Bench
of the 9th day of December in the year of Our Lord 1870, and the 7th day of
September in the year of Our Lord 1 871, may be reversed, set aside, alteretl or
varied, or other relief in the premises.

" AND YOUR MAJESTY having likewise been pleased by your General
Order in Council of the 27th November, 1872, to refer unto this Committee a
humble petition of tiie lastitut Canadien, setting forth that the petitioners are a
body corporate, incorporated by a Canadian statute, 16 Vict., c. 261 ; that on the
24th November, 1864, Dame Henriette Brown, the late appellant, now deceased,
applied by petition to the Superior Court of the Province of Quebec, Canada, for
a writ of mandamus, commanding the Curate and Churchwardens of the Parish
of Montreal, on payment by the said Dame Henriette Brown of the usual fees, to
inter or cause to he interred within eight days from the judgment to be rendered,
in the Roman Catholic Cemetery of Cote des Neiges, under their control and
administration, the body ot Joseph Guibord, according to custom and law, and
further, to insert in the civil registers kept by them the certificate of the said
interment of the said Joseph Guibord ; that a writ was accordingly issued by order
of a judge of the said Court, commanding the said Curate and Churchwardens of
the said Parish of Montreal to perform the said acts and duties, or to show cause
to the contrary, which writ, together with the petition of the said Dame Henriette
Brown, was duly served upon the said Curate and Churchwardens ot the said
Parish of Montreal ; that the said Curate and Churchwardens duly appeared and
pleaded, and issue having been joined and evidence taken, the whole case was
heard on the merits, and on the 2nd day of May, in the year of Our Lord 1870,
the Superior Court gave judgment in favor of the said Dame Henriette Brown,
and ordered a peremptory writ of mandamus to issue, commanding the said Curate
and Churchwardens to perform the said acts and duties hereinbefore set forth :
that the said Curate and Churchwardens inscribed the case for review, and on the

DECKBE or THE PKIVV COUNCIL.

loth day of September ia the year ot Qur Lord 1870, the Court gave judgnusnt
reversing the said judgment of the 2nd day of May in the year of our Lord 1870,
and quashing the said writ of mandamus ; that Dame Henriette Brown duly
appealed from the said judgment to the Court of Queen's Bench fur Canada,
Province of Quebec ; that on the 2nd day of December, in the year of our Ixird
1870, Dame Henriette Brown presented petitions of recusation against four of the
judges of the said Court of Queen's Bench ; that on the 9th day of December in
the year of Our Lord 1870, the said Court of Queen's Bench gave judgment
declaring the said petitions in^dmissable ; that the four judges against whom the
said petitions of recusation were preKnted took part in this judgment ; that the
said Court of Queen's Bench proceeded to hear the case on the merits, and on the
7th day of September, in the year of our Lord 1871, gave judgment dismissing
the appeal with costs ; that the four judges against whom the petitions in recusa-
tion had been presented took part in the said judgment ; that the said Dame
Henriette Brown obtained leave to appeal to Your Majesty in Council, and on
the I2th June, 1872, a petition of appeal by the said Dame Henriette Brown
against the said judgments of loth September, 1870, 9th December, 1870, and 7th
September, 1871, was duly filed, which appeal is now pending before this Com-
mittee ; that the said Dame Henriette Brown died, and was buried on the 2nd
April, 1873 ; that the said Dame Henriette Brown, by her will dated 22nd
October, 1870, gave and bequeathed to the petitioners all her goods, movable and
immovable, rights, claims and actions, without any exceptions ; that at a meeting
of the Board of Directors of the Institut Canadien, held the 2nd April, 1873, it
was resolved to accept the said legacy, and to continue the said appeal hereinbe-
fore mentioned ; that on the iSth of April, 1873, probate of the said will, with
benefit of inventory, was granted to the petitioners by Mr. Justice Mackay, one of
the judges of the said Superior Court for the Province of Quebec, Canada ; that
by the Code of Procedure for the Province of Quebec, Canada, it is proved by
sections 436 and 437, that in case of the death of the party to a suit, his attorney
shall give notice thereof to the opposite party, and that the suit shall be suspended
until its continuance by those interested, and by section 438 that a suit may be
continued by the heirs or representatives of the deceased party, and humbly pray-
ing that Your Majesty in Council will grant leave to the petitioners to continue
the said appeal ; and, the Lords of this Committee, having (aken the said humble
petition into consideration, and humbly reported to Your Majesty on the 20th
May, 1873, as their opinion, that the said Institut Canadien ought to be allowed
to continue the said appeal without prejudice to any i|uestion which may be raised
before their Lordships, on the hearing of this appeal, as to the competency of
the Institut Canadien, as universal legafee of the late appellant. Dame Henriette
lirown, to continue the appeal, and that on these terms the said appeal ought to
be revived accordingly, and to stand in the same plight and condition as it was in
at the time of the death of the said late appellant ; and Your Majesty having been
pleased, by and with the advice of Your Privy Council, to order by Your Majesty's
Order in Council of the 26th June. 1873, that the said Institut Canadien be
allowed to continue the said appeal without prejudice to any question which may
be raised, on the hearing thereof as to the competency of the Institut Canadien,
as universal l^atee of the late appellant Dame Henriette Brown, to continue the

6o HISTORY OF THK OUIBORD CASK.

appeal, and that on these tenns the appeal be, and the aame thereby rcTived
accordingly, and should stand in the same plight and condition as it was in at the
rime of the death of the said late appellant. The Lords of the Committee, in
obedience to Your Mi^esty's said General Order of reference, have taken the
Mid humble petition and appeal into cotuideration, and having heard counsel on
behalf of the Institut Canadien, and also on behalf of the said Curb and Marguil-
liers of the Parish of Montreal, in Canada, their Lordships do this day agree
humbly to report to Your Majesty, as their opinion, that the decree or judgment
of the Court of Queen's Bench for the Province of Quebec, of the 7th September,
1871, and the Decree of the Superior Court in Review of the i6th September,
1870, ought to be reversed ; and that the original Decree of the Superior Court of
(he 2nd May, 1870, ought to be varied, and that, instead >f the said last mention-
ed decree, it should be oidered that a peremptory writ of mandamus be issued,
directed to * Les Cure et Marguilliers de L'CEuvre et Fabrique de Notre Dame
cle Montreal,' commanding them upon the appHcation being made to them by or
on behalf of the Institut Canadien, and upon tender or payment to them of the
usual and accustomed fees, to prepare, or permit to be prepared, a grave in that
part of the cemetery in which the remains of Roman Catholics who receive ecclesi-
astical burial are usually interred, for the burial of the remains of the said Joseph
Guibord ; and that upon such remains being brought to the said cemetery for
that purpose, at a reasonable and proper time, they do bury the said remains in
the said part of the said cemetery, or permit them to be buried there ; and that
the respondents do pay to the Canadian Institute all costs of the widow in all the
lower courts, except such costs as were occasioned by the plea o^ recuitMo judicist
which should be borne by the present appellants.

" And in case Your Majesty should be pleased to approve of this Report, and
to order as is herein recommended, then their Lordships do direct that there be
paid by the respondents to the present appellants, the sum of one thousand and
seventy-nine pounds eighteen shillings and four pence, sterling, for the costs of
this appeal. "

Her Majesty having taken the said report into consideration,
was pleased, by and with the advice of Her Privy Council, to
approve thereof and to order, as it is hereby ordered, that the said
decree of the Court of Queen's Bench for the Province of Quebec,
of the 7th September, 1871, and the decree of the Superior
Coiirt in Review of the loth September, 1870, be, and the same
are hereby, reversed with costs; and Her Majesty is further
pleased to order that the original order of the said Superior Court
of the 2nd May, 1870, be varied, and that, instead of the said
order, it should be ordered that a peremptory writ of mandamus
be issued, directed to " Le Cur6 et Marguilliers de L'CEuvre ^t
Fabrique de Notre Dame de Montreal," commanding them, upon
application being made to them by or on behalf of the Institut

OBCRKB Of THB PRIVY COUNCIL.

Canadien, and upoo tender or payment to them of the usual and
accustomed fees, to prepare, or permit to be prepared, a grave in
that part of the cemetery in which the remains of Roman Catholics
who receive ecclesiastical burial are usually interred, for the
burial of the remains of the said Joseph Guibord, and that upon
such remains being brought to the said cemetery for that purpose,
at a reasonable and proper time, they do bury the said remains
in the said part of the said cemetery ; or permit them to be buried
there ; and it is further ordered that the defendants do pay to the
Canadian Institute all the costs of the widow in all the lower
courts, except such costs as were occasioned by the plea of
recusatio judicis, which should be borne by the appellants ; and
likewise the sum of one thousand and seventy-nine pounds eight-
teen shillings and four pence sterling, for the cost of this appeal.
Whereof the Governor-General, Lieutenant-Governor, or Com-
mander-in-Chief of the Dominion of Canada, for the time being,
and all other persons whom it may concern, are to take notice
and govern themselves accordingly.

(Signed), E. Harrison.

VIII.

THE ATTEMPTED BURIAL ON 2nd SEPT.

Thursday, the second day of September, was fixed by the
officers of the Institute for the burial of Guibord, Mr, Doutre
having carefully taken all the necessary preliminary measures as
required by law

DIGGING THE GRAVE.

In the morning, Mr. A. Boisseau, Superintendent of I'lnstitut
Canadien, accompanied by a fellow-member, and armed with a
receipt signed by A. Choquet, officer of the Fabrique, and dated
1 6th May, 1873, conveying to the Guibord estate the lot 873 in
section N of the cemetery of Notre Dame des Neiges, proceeded
to the Catholic cemetery to oversee the digging of the grave.

The lot is seven feet long by four feet wide at one end and
seven at the other. The body of Guibord's wife occupied one
side of the lot, but the width at the narrower end being insuffi-
cient to allow the two coffins to lie side by ', it was decided
to superpose the coffin of Guibord over that of his wife. There
was not the least sign of any suspicious parties about, and only
here and there two or three small groups of individuals engaged
in burying their own f-iends. A Catholic Irishman, a laboring
man, came along, and after exchanging a few friendly words with
the workmen and the gentlemen present, went off again on his
business. A gentleman and lady, apparently Americans, drove
up and enquired if that 'vas where Guibord was to be buried.
Upon being told that it was, they alighted and inspected the place
with much interest, and then drove away. During the progress
of the work two or three other laboring men employed in the
cemetery came ip, one by one, and, after a little friendly conver-
sation, departed. Mr. Boisseau, finding that everything was

■

THE J» r-'BMPTBD BURIAL OP 2ND SEPTEMBER.

progressing satisfactorily, left the ground at half-past ten o'clock.
When the grave was dug, it was only a little over three feet
from the surface of the ground to the lid of the coffin of Madame
Guibord. A plain black cross stood at head, on which was
her name and the date of her death.

AT THE PROTESTANT CEMETERY.

At two o'clock some two or three hundred persons had assem-
bled in the Protestant Cemetery to witness the procession. Mr.
Doutre presented a written order for the delivery of the body,
to the trustees of the Mount Royal Cemetery, Messrs. M. H.
Gault, Wm. Turner, Andrew Robertson and George Macrae.
Among those present were a number of the members of I'lnstitut
Canadien and old friends of Guibord. The only relative of
Guibord present was Mrs, Rose, his wife's sister. At ten minutes
past two o'clock, Mr. Spriggings, the guardian of the cemetery,
opened the door of the vault, and the coffin was lifted by three
laboring men, carried out and deposited Ui^ .n a trestle. Mr.
Doutre then uncovered his head, so did also the other gentlemen
standing about, and asked Mr. Spriggings : "Is this the same
coffin that was brought here on the 20th of November, 1869 .'"
Mr. Spriggings answered, " It is the same." The coffin was then
placed upon the hearse, which was supplied by Mr. Richard
Seale, St. Antoine street, and was driven by his son. The hearse
was surmounted by a cross, and the British flag was thrown over
the coffin. The procession, comprising a dozen carriages, then
formed and left the cemetery at 2.25, The procession went round
the mountain at a smart trot and reached the gates of the Catholic
Cemetery at about 3 p.m.

AT THE CATHOLC CEMETERY.

When the procession reached the Catholic Cemetery, the gates
were found closed and barred, and a crowd of three or four hun-
dred men were collected, inside and outside the gate. They
belonged mostly to the class of laboring men, but v/ere composed
largely of the rowdy element, being chiefly from the city,
though a good num'.er of habitants were present in their shirt
sleeves from the '•ural parishes west of the mountain. The crowd
was almost exclusively composed of French-Canadians. As t' ,*

64 HISTOkY OP THB GUIBOtlD CASE.

hearse drove up to the gates, it was greeted by jeers and yells of
defiance from the mob. Mr. Doutre and his friends alighted, and
held a consultation as to what course to pursue, while the more
violent of the mob compelled the driver of the hearse to turn his
horses about and drive off the road. In the meantime the crowd
was increasing every minute ; friends and enemies of the Institute
were constantly arriving from the city. Many of the mob were
armed with pick handles, and they had also collected a pile of
small stones inside the gates. As they saw the indecision of Mr.
Doutre and his friends, they became bolder and mere violent,
and the excitement on both sides was rapidly rising. Mr. Doutre
despatched bailiff Boucher to notify Mr. Deroche, the guardian of
the cemetery, that the procession was waiting to enter, and asking
him to cause the gates to be opened. That functionary replied
that he was altogether powerless to open the gates in opposition
to the mob. In about fifteen minutes after the hearse had been
compelled to turn about, several of the mob seized the horses by
the head, and, with kicks and blows, started them off on the oppo-
site side of the highway, about twenty rods from the gates, a
shower of stones following it in its retreat. At this moment the ex-
citement was most intense, and a single blow from either side would
have precipitated a collision. There were then nearly a thousand
men present, of whom about one-fourth were Liberal French Cana-
dians and English Protestants. These could easily have stormed
the gates and put the mob to flight, and it was only by the earnest
expostulations of Mr. Doutre, and a few others of the more
prudent, that the English, enraged at the insult offered to the flag,
and the French Liberals were dissuaded from precipitating a
general battle The friends of law were very generally armed
with revolvers, and numbers of the rioters also had pistols, and if
a collision had occurred, many lives would inevitably have been
lost. Shortly after arriving at the gates, Mr. Doucre had sent off
a messenger to the city, informing the Mayor and Chief of Police
of the state of affairs. At four o'clock, as no word had been
received from the authorities, the officers of the institute decided
to wait no longer, and they ordered the hearse to be driven back
through the city to the Protestant Cemetery, where the remains
of Guibord were once more placed in the vault.

MAYOR HINGSTON.— (See page 142.)

TH£ ATTEMPTEi) BURIAL ON 2Nb SEPTEMBER. 6$

INCIDENTS.

When the hearse finally moved off, the mob made a rush as if to
follow and attack it, but when they saw the friends of Guibord
and a number of Protestants close in behind, they desisted. Very
many of the crowd were semi-intoxicated, and were of the most
degraded class of ruffians. While the hearse was standing before
the gates they indulged in curses of Guibord and of the Institute.
" We are guarding the Cemetery for the Fabrique. Take the
cursed Guibord away; he shall never be allowed to eijter here."
A few Irish Catholics were among them, but the great majority
were French-Canadians. The only fighting that took place
occurred after the hearse had left the ground. A big habitant in
his shirt sleeves, who had made himself conspicuous by his
violence and loud curses, and who had seized the horses by the
bridle, was struck on the head by one of the friends of Guibord
with a stone, which laid the flesh open. A few moments after
his assailant was attacked and beaten, but a crowd of friends
came to his assistance and chased two of those who assaulted him
over the hills, but without catching them. Several individuals
were also struck with stones, but now? were seriously injured.
During the course of the afternoon, the grave dug for the recep-
tion of Guibord's remains was filled up by three or four of the
rioters.

When word reached Mayor Hingston of the difficulty at the
gates of the Catholic Cemetery, he was taking part in a public
funeral to the late Chief Bertram, of the Fire Brigade. Himself
and Chief of Police Penton, accompanied by fifty men of the police
force, at once drove up to the Cemetery, which they reached at
about five o'clock. By this time the larger part of the mob had
dispersed, but those remaining immediately opened the gates and
cheered the two officials as they drove up.

EXCITEMENT IN THE CITY.

The news of the riot flew like wildfire through the Quebec
Suburbs and che Tanneries, and thousands expressed themselves
gratified. In the evening excited groups could be seen all about
the streets discussing the results of the riot. Some Catholics,
while saying they were well pleased that the gates were clos-

HISTORY OF THE GUIHORD CASE.

ed upon the funeral, were sorry to hear that the mob had stoned
the hearse, which in their eyes was a fearfully sacrilegious act.
Mr. Doatre was denounced by many w ith fearful oaths and cur-
ses, and the feeling against him was singularly bitter. Among
Protestants there was but a single opinion expressed, and it was
that the law of the land would have to be enforced at any cost
and at all hazards, and many were the expressions of satisfaction
with which the news was received that the Prince of Wales Vol-
unteers had been ordered to hold themselves in readiness. They
rendezvoused at their headquarters on St. James street that
evening, ammunition was supplied, and they are ready whenever
required. The corps of the Victoria Rifles were also held in
readiness for any emergency.

RESPONSIBILITY OF THE CHURCH AUTHORITIES FOR THE RIOT,

The ecclesiastical authorities as such, must be held responsi-
ble for the riot and for the successful resistance to the execution
of the Royal Mandate. The populace were notoriously well
acquainted with the bitter feeling on the part of those authorities
against the Institute, and with the publicly expressed determina-
tion of the Rev. Mr. Rousselot to go to prison rather than obey
that mandale. The Nouveau Monde, the organ of the Bishop, and
the clerical press generally, had for weeks previously been filled
with bitter complaints of the persecution to which the Church
was being subjected, of the injustice of the decision of the Privy
Council, and of the violence which would be done to the religious
sentiment of Roman Catholics if the consecrated portion of the
cemetery should be desecrated by the inhumation of the remains
of an excommunicated man. The Bishop was well aware, as will
be shown presently, that resistance was intended, yet neither
from the pulpit nor from the clerical press was a single word
uttered to calm the popular excitement or to counsel abstention
from offering resistance to the burial. A single priest at the
Cemetery gates, when the procession arrived, could have quieted
the tumult and secured the peaceable execution of the order of
the Privy Council, yet not one was present dressed in the garb of
the clergy, or who could be recognized as such.

It was currently reported during the week of the burial that
the curis of several of the rural parishes west of Montreal had,

THE ATTEMPTED BURIAL dN iUD SfcWEMBfeR.

lat
■d,

upon the preceding Sunday, preached upon the subject of the
burial, and had exhorted their parishioners to attend and see that
the sacredness of the Cemetery was not profaned.

In an argument in the Superior Court on a rule nisi, which
took place three weeks subsequent to the riot, and of which men-
tion will be made, Mr. Jett^ stated, on behalf of the Seminary,
that they had informed the Institute on Sept. ist, that the burial
would be permitted, and that the resistance offered to the burial was
made without their participation and against their will. On the same
occasion, Mr. Doutre stated that he was able to prove that a priest
clothed in his soutane had publicly used language to incite a crowd
to go there and keep the gates shut ; that Deroche, the guardian
of the Cemetery, had men organized to resist the entry of the
procession, and that the workmen engaged in repairing
the Notre Dame Parish Church were given leave of absence
that afternoon and incited to go there for the same purpose.

' THE ACTION OF THE POLICE AUTHORITIES.

The Roman Catholic Bishop of Montreal communicated with
the Mayor, warning him that he feared a disturbance. The
following is the letter : —

Montreal, 2nd September, 1875.
Mr. Mayor: —

I believe it to be my duty to inform you that it was reported
to me at a late hour last night that the Irish intended uniting with
the French-Canadians, and to gather en masse to-day in front of the
gate of the Cemetery, in order to oppose the entry of the body of
the late J. Guibord.

It is needless for me to observe that this cannot be done with-
out most regrettable acts arising. In order to prevent them, th§
police will be, without doubt, brought into service on the ground
at a proper time, so that there may be no reason to deplore dis-
orders which may arise should wise precautions not be taken.

I have the honor to be, truly, Mr. Mayor, with perfect con-
sideration, your very humble servant,

Ig. Montreal.

To His Honor the May»r of Montreal

The Mayor thereupon saw the Chief of Police, who did not

68 : HISTORY OF THE GUIBORD CASE.

think there would be any disturbance, and thought the sending
out of a force was not necessary. It was only by the Mayor's
orders that a force was despatched after the trouble was over.

OPINIONS OF THE CLERICAL PRESS.

The Nouveau Monde, which has always claimed to represent the
opinions of the Bishop, in its report of the affair, took full part
with the crowd in the Cemetery. The report ironically employs
the expression " Le Sieur Doutre," when mentioning the counsel
for the Institut Canadien, and says that he had a very shapeless
{avachi) and sheepish air on the occasion. Guibord's remains
are styled Mr. Doutre's mort (corpse), and the French Joe
Miller was laid under contribution to furnish language to describe
the affair which Mgr. Bourget's organ evidently considered a
most entertaining comedy, especially as the laugh was all on its
own side, and " Mr. Doutre had to go away with his mort, and
defer the profanation which he rejoiced in accomplishing." Its
report concludes by stating that " the demonstration provoked
by le Sieur Doutre was neither flattering for himself nor honor-
able for his mort." In an editorial on the affair, the pious organ
called upon the authorities to secure the fruits of the victory
gained by the mob, and said : —

" In presence of a fact in itself so serious and threatening to
the p6ace of this great city, and, therefore, of the country, it is
the duty of all wise men and friends of order to use all their
influence with the municipal authorities in the first place, and the
Government next, to have the body of Guibord remain where it
is now deposited. Whatever may be the legal question, the thing
is now on an entirely different footing. There are measures of
natural expediency which in imminent dangers know no other
laws than those of prudence. Mr. Doutre ought to be warned
that to desire actually to force the gates of the Cemetery and show
his mort to the public is simply to drive the people to revolt. To
persist in these moments of feverish excitement in invoking the
strict letter of the law is useless talk. The people in these mo-
ments of feverish excitement cannot always be led or kept within
the bounds that we should wish. Let there, therefore, be enough
of wisdom to do or allow nothing of a nature to feed the flame
that threatens to spread, and let. Guibord remain in the vault

THE ATTEMPTKD BURIAL OF 2ND SEPTEMBER. 69

whence he never should have departed. Peace demands this, at
least for the moment."

The Minerve, which is ordinarily taken to represent the views
of the Seminary, commented upon the matter in a tone of ridicule.
It suggested that Guibord's funeral had been postponed to wait
the arrival of " a troop of Orangemen and fanatical Grits from
Upper Canada who will be organized to strengthen the hands of
our Rouges." It would betoken a crisis of no ordinary kind cer-
tainly to see elements ordinarily so hostile to each other leagued
for a common object. The " clique Doutre Institut " is blamed
for bringing about this extraordinary alliance, and it is warned
that it assumes a heavy responsibility in acting as it does. " It
is, thanks to this handful of wretched Rouges and apostates, that
we are attacked in our religious sentiments, and are threatened
with a fresh hubbub, worse than what took place on Thursday.
These men without heart or patriotism do not fear to excite
Protestant and English fanaticism against their compatriots, and
to ally themselves even with the sects of Upper Canada to shed
the blood of their brethren. The Rouge party and the Institute
have dug their own grave in digging that of Guibord. These
hypocrites who make a show of reproving the Orangemen of
Upper Canada while allying themselves with them in persecuting
Riel and Lepine, and in accusing the Lower Canada Conservatives
of what they were doing themselves, are ready to-day to ask and
receive the help of these same Orangemen." This silly story
seemed to have gained credence to a certain extent, and rumors
prevailed among French- Canadians that Toronto Orange leaders
were in town on Monday.

OPINION OF A FRENCH LIBREAL PAPER.

The Bien Public, while maintaining that the Guibord case was
one that should never have come before the courts, nevertheless,
declared that the decision of the latter must be upheld, and that
to oppose by force the execution of their judgment, above all of
a decree of the Privy Council, is an act of unpaidonable folly.
" What will be the result of the resistance to the interment of
Guibord ? Does anyone believe the authorities will give in .' Do
they not know that the English Government would send an army
if needful to have the judgment executed. Blood may be shed,

70 HISTORY' OF THE GUIBORD CARE.

numerous arrests made, and severe punishment inflicted, but no
one can hinder Guibord's remains from being interred."

LETTER FROM REV. CURE ROUSSELOT.

The Mayor received the following letter on Saturday from
Rev. Cut6 Rousselot :

Office of the Works anp Fabrique of Notre Dame,

Montreal^ Sept. 3, 1875.
Mr. Mayor,

If credence must be given to the rumors circulated, we have
to fear that troubles of a more serious nature than those of yester-
day will take place in the cemetery when the body of poor
J. Guibord will again be presented there. It is impossible to fore-
see how far the exasperation of a nationality will go when it is
attacked in its religious feelings. What a misfortune it would be
if any blood were spilt! See, therefore, Mr. Mayor, if in your
wisdom and your high position you can come to our assistance
and avert events which might result in a sequel not now to be
calculated for all our population, not only in this present instance,
but also in the future.

I beg leave, Mr. Mayor, to offer my profound respect, and to
ask you to believe me.

Yours humbly and devotedly,

V. Rousselot, Priest, SS.

Cur6 of Notre Dame.

THE bailiff's RETURN.

Tuesday, Joseph Boucher, bailiff of the Superior Court and the
Court of Queen's Bench, made his return of the peremptory writ
served upon the Cur6 and Fabrique commanding them to bury
the remains of the late Joseph Guibord. After stating the time,
place, &c., of serving the writs, the return goes on to say : —

I further certify, that on the second day of September instant,
the remains of the said late Joseph Guibord were brought to the
Roman Catholic Cemetery of Cote des Neiges, for their burial at
three o'clock in the afternoon, by the Institut Canadien, acting
through their President, Joseph Doutre, Esq., Q. C, and Alfred
Boisseau, their Secretary and Superintendent, but that the said

THE ATTEMPTED BURIAL OF 2ND SEPTEMHER.

remains were not admitted into the said cemetery, the gates of the
same being closed and kept closed, notwithstanding my notifica-
tion to Benjamin Deroche, the guardian of the said cemetery,
and the only representative of the said Fabrique I found on the
premises, that the said remains were waiting to be admitted for
their burial, and finally that the remains of the said Joseph
Guibord were not interred in the said cemetery, but were recon-
veyed to the vaults of the Mount Royal Cemetery, where they
remain unburied.

(Signed) Joseph Boucher,

B. S. C, Court of Queen's Bench.

GUARDING THE PROTESTANT CEMETERY.

Rumors having reached the trustees of the Protestant Ceme-
tery that an organized attack was likely to be made upon the
vaults to obtain possession of the body of Guibord, those gentle-
men applied to the authorities to place a guard over the vaults-
On Monday evening seven policemen and nine cemetery em-
ployees, under command of Sergeant Richardson, guarded the
vaults of the Mount Royal Cemetery. They vk^ere all armed with
Smith & Wesson navy revolvers and rifles. About midnight, an
alarm was given for the noise of crackling brush on the mountain
slope, just back of the vaults, and the sound ot voices speaking
French. The entire force was called out and disposed so as to
sweep the area in front of the vaults with a cross fire. Nothing
more was heard, however. During the following day several
squads of men of suspicious appearance were observed loitering
about the grounds, and Mr. Spriggings felt sure that they were spies.
On Tuesday evening Sergeant Richardson and his squad of six
policemen kept guard, as they did Monday night, assisted by the
employees of the cemetery. These were accompanied by Con-
stable Walton, of Outremont, and by four civilians from the cit
Two of the latter had a relative lying in the vault, and Were nat-
urally filled with righteous indignation that a band of ruffians con-
templated the sacrilege of breaking open the vault where the re-
mains of the dead lay awaiting interment. Every man was
thoroughly armed, and ready for any emergency. Nothing un-
usual occurn^d until shortly after three o'clock in the morning.

IMAGE EVALUATION
TEST TARGET (MT-3)

1.0 [fri- IIM

I.I

2.0

1.8

1.25 1.4

1.6

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►

Hiotographic

Sdences

Corporation

23 WEST MAIN STREET

WEBSTER, NY. 14580

(716) 872-4503

7* THE HISTORY OF THE GUIBORD CASE.

when one of the sentinels came running in and said he saw three
lights moving about in the woods a short distance in rear of the
vault. The whole force immediately turned out, and stationed
themselves in a position where they could command the approaches
to the vault from both sides. Footsteps of persons cautiously
moving about were very plainly heard a short distance from the
vault, but the lights were concealed. At the same moment the
sound of crackling brush was heard in nearly the opposite direc-
tion beyond the front gate of the cemetery. After a few minutes
*he sounds died away and nothing more was seen or heard until
morning. It was believed the footsteps were those of spies recon-
noitring, and as they were near enough to see the weapons of the
compact body of armed men, they did not venture an attack. For
several nights succeeding circumstances indicated that persons
were loitering in the woods about the cemetery, but no attack
was made upon the vaults. The guard was, however, kept on
duty until the final removal of the remains of Guibord.

LEGAL PROCEEDINGS AGAINST THE RIOTERS.

On the 3rd September, Mr. Doutre made an affidavit which
stated that the public peace had been threatened by the riot at
the Catholic Cemetery. This, with other documents, was sub-
mitted to two magistrates, which action the law required prior to
calling out the military force to keep the peace during the next
attempt at burial, the day for which, for prudential reasons, was
indefinitely postponed. Depositions were made against a num-
ber of the rioters who had made themselves the most prominent,
but the authorities took no steps to bring them to justice. On
the opening of the criminal term of the Qiieen's Bench, however,
Mr. Justice Ramsay alluded to the riot at the cemetery, and in-
structed the Grand Jury, of whom, as usual, one-half were French-
Canadians, to give it their attention. Indictments were according-
ly laid against fifteen of the rioters, and an equal number of wit-
nesses testified before the Grand Jury in support of the indict-
ments. Although the evidence was most decisive and explicit
against several of the accused who had committed overt acts of
violence, the Grand Jury refused to bring in any bill against
them. This ended all attempts to punish the authors of this most

THE ATTKMPTED BURIAL OF IND SEPTEMBER.

daring and criminal defiance and resistance of the express Order
of Her Majesty's Privy Council.

SUIT FOR DAMAGES AOAINST . THE FABRiqjJE.

On the 23rd September, Mr. Doutre applied to Mr. Justice
Mackay for the issue of a rule nisi for the Fabrique to show cause
why they should not be condemned to pay a fine not exceeding
$2,000 for their failure to inter, or allow to be interred, the remains
of Joseph Guibord, on the 2nd September. The rule was order-
ed to issue, returnable on the 27th of the same month. On that
day, before Mr. Justice Johnson, Mr. Jett^ for the Fabrique.
asked the Court to quash the rule, for the reason that it had not
been legally and regularly proved that the Fabrique had neglected
to obey the order, holding that the bailiff, in making such allega-
tions in his return, had transcended his functions. Moreover, he
claimed that without a formal return and certificate attached
thereto by defendants, the Court could not grant the applica-
tion of appellants.

Mr. Doutre replied that he was able to prove that the Fabrique
or its officers were at the bottom of the disturbance at the Ceme-
tery, and, therefore, they should be fined. As to the writ oi man-
damus not having been returned by the party to whom it was
addressed, the objection was null, as the general custom of the
Courts in this country had not insisted upon such a thing.

His Honor asked if the gentlemen of the Fabrique had made
a return that they had permitted the grave to be dug, would not
that have been a sufficient return.

Mr. Doutre answered that he supposed it would, but everyone
would have laughed at it. The excuses presented by Mr, Jette
were mere subterfuges, and if they were admitted, every writ that
would issue from this Court could be evaded and disobeyed, and
the Court would be powerless to enforce its own decrees.

On September 30th, Mr. Justice Johnson gave his judgment
on the application ordering the rul e to be discharged. He held
that there had been no proper return of the writ before the Court,
and it was therefore impossible to judge whether it had been com-
plied with or not. The Court needed to have evidence that there
had been a refusal to comply with the writ, and no such evidence

HISTORY OF THE GUIBORD CASE.

»■:

ir;

had been presented. The bailifThad no authority to make a re-
turn, and the Court could not accept his statements of what had
occurred when his functions had ceased. It had not been proved
that the Fabrique had neglected to obey the writ, and, therefore*
they could not be fined. •

On the 15th September, Mr. G. W. Stephens, a member of
the Montreal City Council, published the following letter in the
Witness : —

Sir, — After many of us had lefl the Council, supposing that
the adjournment was carried, the Mayor, in reply to Aid. Rivard,
made the explanation which you report. In my opinion it is a
very lame explanation. He had, by his own confession, a letter
from the Bishop, warning him that trouble was expected. This
letter he had at eleven o'clock of the morning of the day the
funeral was to take place. Instead of ordering the Chief of Police
to send a detachment of men to protect the funeral, he contented
himself with asking the Chief if he expected trouble, .and was con-
tented with the answer that no trouble was expected. When
word was brought in at about half-past four the greatest alacrity
was shown in proceeding to the scene of disorder, but, as usual on
such occasions, the Mayor and police were too late. When the
Mayor arrived on the scene with his army they were just three
hours too late. If proper measures had been taken in the morn-
ing, the funeral would have taken place, and the city would be
spared its present disgrace. If no blood was shed, it was due to
the forbearance of the funeral party, and not to any wise precau-
tions of the Mayor.

The Mayor says, " he was no more required to go with the
police than any of the two hundred magistrates of the city."
This must be sarcasm. He knows full well t^at none of the
other two hundred are entrusted with tlie honor of oiir city as its
chief magistrate. He says also that ^^ had circumstances been
different^ we would have seen a partial disorganization of the
forced This means that the police force would not have acted
if it had been called upon. This is true, for I saw an official
report that only twenty-three men of the force were to be relied
on in such an emergency. Now, it is well for the citizens to note
this fact, for it proves conclusively that ia a religious riot the force

THE ATTEMPTED BURIAL OF 2ND SEPTEMBER. 75

would be useless. For this reason, the Mayor and Chief of Police
decided to face the crowd alone. There was no danger. The
crowd recognized a friend in His Worship, and were " quiet in a
moment or two.' '

Why was it that in the face of this '» disorganization" of the
Police force, the Mayor did not make any effort in the morning to
pre vide against any disturbance ? To put a very mild construction
upon the Mayor's conduct, he has committed a very grave error
m not making the slightest provision for the maintenance of law
and order on this occasion. In the case of the anti-vaccination
not the same neglect appears. He, along with the attorney, Mr-
Roy, was appointed to bring the rioters to justice. So far, no
practical result has been reached. If our city is now under the
disgrace of being ruled by mob-Iaw, it is due to errors of this
kind.

The Mayor concludes his speech by saying that " when he
undertook to be Mayor he did not undertake the task of keeping
all the surrounding municipalities in order." By section 9 of the
charter the Mayor is an ex-officio Justice of the Peace for the city
and district oiyion\XQ2\. Our police and firemen are continu-
ally doing duty outside our limits. It is only when a peaceful
funeral is in question that this new theory is promulgated. One
thing is certain, however, that if more vigor is not infused into the
office of Chief Magistrate the city will descend deeper into the
mire.

Yours truly,

G. W. Stephens.

IX.

PASTORAL LETTER OF THE BISHOP OF

MONTREAL.

HH THREATENS TO CURSE GUIBORd's GRAVE.

On the 8th of September, Bishop Bourget published the
following pastoral letter in relation to the burial of Guibord in
consecrated ground.

CONCERNING THE ECCLESIASTICAL BURIAL DEMANDED FOR AN

UNFORTUNATE CATHOLIC DEAD IN THE DISGRACE

OF THE CHURCH.

Ignace Bourget, by the grace of God, and the Apostolic See,
Bishop of Montreal, etc. .

To the secular and regular clergy, to the religious cotnmu.
nities, and to all the faithful of our diocese^ the grace and
blessing of our Lord: . ,

It is for us, our very dear brethren, a necessity as well as a
duty to raise the voice to-day to endeavor to appease a certain
agitation which has taken hold of minds, and which, fermenting
'from day to day, may lead us to some fatal catasti'ophe. We
have not to recall to you the lamentable fact which has caused to
you so bitter a grief, for it is so well known to each of you and so
strongly engraved with all its unhappy circumstances, that it will
transmit itself without doubt to the latest posterity. For that
which hath roused you up in such large numbers is the fear that
your Cemetery, which you justly venerate as a holy place, might
be profaned by the burial of a man dead in the disgrace and under
the anathema of the Church. This tidings rightly alarmed the
religious feeling of the Catholic population, and shocked the
multitudes ; therefore was it why one felt himself obliged to a pub-

PASTORAL or BISHOP HOU&GKT.

IS a
tain
iting
We
Id to
id so
will
that
that
light
Inder
the
the
[pub-

lic but peaceablt demonstration, to prevent the profanation of a
sacred plact, where repose in peace our religiou« ancestors wait-
ing the great day of the resurrection. By this spontaneous demon-
stration, to which your heart alone has inspired you, you intend-
ed to testify to your religious feeling for the hoiy place which the
Church has blessed, because after your decease your bodies will
be laid there beside those of your fathers, to peaceably await the
sound of the terrible trumpet which will awake the human race
from the slumber of death and bring forth all men from the dust
of the tomb. We have had, our very dear brethren, to examine
with the most scrupulous care the religious conviction which
attaches us to the cemetery as to a holy place, to a consecrated
ground and to a sacred field, where will be placed the good
children of the Church, there to await the arrival of the Sovereign
Judge, while their ashes mingle with those of the saints, who like
them have lived and are dead in the peace of the Church. We
have had at the same time to admire the calm and moilerate con-
duct which you manifested at a moment when everything induced
fear Lest one might come to blows, and lest blood might have been
shed, which would have been considered by all parties as a very
great calamity. For our part we would have supremely regretted
this calamitous conflict, for many reasons which you can, our very
dear brethren, divine and appreciate. Let it be suflicient for ua
to remark to you that this effusion of blood would have been a
fresh profanation of the holy place, although we might have taken
measures, so far at least as was in our power, to avoid this calam-
ity ; but if, on the one hand, we have managed all things so that
the public peace was not troubled, we were, on the other, occupied
with means to be taken so that the honor of the Holy Church
might be respected, and that the holy place should not be profan-
ed. This was to declare, in virtue of the divine power which we
exercise in the name of the Pastor of pastors, that the place where
the body of this rebellious child of the Church would be deposited
should be made separate from the rest of the consecrated ceme-
tery, so that it would only be a profane place. For we do not
need here to prove to you that in the solefin act of our consecra-
tion to God, full power was given us to bind and to loose, to bless
and to curse, to consecrate persons, places, and temples, and to
interdict them, to separate from the body of the Church the mem-

HISTORY OF THE GUIBORD CASE.

bers who dishonor and outrage her. to hand over to Satan those
who hear not the Church, in order that they may henceforth be
considered as pagans and publicans, so long as they return not to
God by sincere penitence. It is upon these incontestible. and un-
contested principles of this divine authority, that, desiring to
maintain in all its integrity the discipline of the Church concern-
ing the burial of its children, and to prevent, at the same time,
all disorder for the future, we declare by these presents, in order
that no one may be able to plead ignorance, that the part of the
Cemetery where the body of the late Joseph Guibord should be
interred, if ever after this it is buried there in any manner what-
ever, will be undone and will iffso facto remain interdicted and
separated from the rest of the Cemetery.

Such is, our very dear brethren, the declaration we have to
make to you, in order that you may not have to fear that in the
present case your Cemetery can lose its benediction, or that the .
sacred right which the Church has over places which she sancti-
fies and blesses, can be sacrificed and trodden under foot; it
follows from this that there remains no pretext for any person to
offer violent opposition to the body of this unfortunate brother
being deposited in any part whatever of the Cemetery, since by
the same this part will become interdict and separated from the
holy place.

Be the present pastoral letter read from the pulpit of all the
churches of this city, and of its environs, in which the public office
is celebrated, the first Sunday after its reception.

Given at Montreal under our hand and seal and the counter-
signature of our Secretary, the eighth day of the month of Sep-
tember, one thousand eight hundred aud seventy-five.

(Signed,) lo., £v. db Montreal-
J. O. Park, Chan. Secretaire.

! ■ . , ■ ..!.-. .Cll. ... .!■ •

I THE CURSE LATERAL OR THE CURSE PERPENDICULAR, )

The day succeeding the publication of the above pastoral, the
following letter, which has since been copied in papers all over the
world and was read witli much interest, was published in the
Montreal Witness :

Dear Sir,— In the most extraordinary letter of the Roman
Catholic Bishop of Montreal, published in this morning's Gazette^
the Rev. prelate states that if Guibord's body had been buried

PASTORAL or BISHOP BOUROET.

he
[he
[he

Ian

" measures would have been taken to interdict the place wh^re it
lay," making it " a cursed spot to be held in execration ;" he
also implies that if the body is finally buried in the Guibord lot,
the ecclesiastical curses will be let loose, and that the spot at
present consecrated, will wilt and wane and wither under the
awful malediction of an insulted bishop. "

Now I am really anxious about poor Mrs. Guibord, the wife
of the late printer, Mrs. Guibord died a Catholic, was willingly
buried in Catholic soil, is in no way entitled to be cursed, or rest
in cursed ground. She» poor woman, did not belong to " the In-
stitut," or merit in any way the terrible doom of lying in an exe-
crated grave. I do not know whether in dying she received ex-
treme unction, but it is highly probable she did ; anyway, she was
buried in consecrated ground as a Catholic woman should be
buried.

Now, as I said before, I am really anxious about Mrs. Guibord.
If Guibord's grave deserves to be cursed, I suppose it must be
cursed ; but surely poor Mrs. G. is not to suffer for her husband's
faults ! How is this curse going to work ? Will it be a perpen-
dicular curse, working down, or a lateral curse, working sideways.
If lateral well and good ; if perpendicular I think it manifestly
unjust and unchristian.

A lateral curse three feet deep might just cover Guibord. It
might commence at the right hand side of the coffin, close to the
lid, work down three feet, and then work out over, and under, and
through the coffin, say ten feet on the coffin's left side. This
kind of a curse would surely meet the wants of the case without
interfering with the vested rights of other corpses. There would,
I .think, be plenty of room for the curse to work, or if it should
be found that it was cramped, why the Bishop might increase the
area by cursing the top soil (three feet deep) on the left side of
the coffin, as many more feet as to him seemed necessary for the
just demand of the malediction.

Not being well posted, however, on the way in which curses
work, this lateral idea may, for all I know, be out of the question ;
but anything seems better than the perpendicular curse. Why a
perpendicular curse working down would curse poor Mrs. Guibord,
who would be under Guibord ! It would not only work horrors
among the few poor bones of the printer, but it would damn and

HISTORY 09 THE OUIBORD CASS.

anathematize his poor wife, who was buried as all good Catholics
are buried, and never did anything calling for bell, book, or can-
dle. Possibly the Bishop might curse three feet down, then
leave his blessing on the next three feet, and, then, curse on as
deep as he liked ; but I question whether he would be able to do
this. Of course, episcopal power is very great, but it seems to
me that a curse once let loose must go either straight on or straight
down without let or hindrance.

The fact is a perpendicular curse would suit nobody. It
would not suit the Bishop, for he does not surely want to curse a
consecrated grave, filled by a poor woman who certainly has done
nothing against the Church since she died. If Mrs. Guibord died
a good Qitholic entitled to Christian burial, she cannot since have
become a bad one, and forfeited her right to rest in holy ground.
Besides tha Bishop ddes not want to make Mrs. Guibord uncom-
fortable ; he only wants to make her husband uncomfortable.

Then, again, the perpendicular ciirse would not suit the Roman
Catholic public. Suppose the Bishop sees right to curse several
other heretics whose dead have been holy dead. Are the holy
dead to lie under a curse, buried by the Church, yet blasted and
banned by the Church ?

And surely the perpendicular curse would not cause outsiders
to look with reverence or awe on the Church of Rome. Better
not curse at all than give way to blundering curses like these-
Better to bury Guibord than to have to curse the heretic husband
at the expense of the orthodox wife. " Fair play is a jewel," and
outsiders always expect to see it whether in a cricket field or in a
Church.

I close with a wish for more lights Is the coming curse to be
lateral or perpendicular ? Will orthodox Mrs. Guibord lie in an
execrated spot because heretic Mr. Guibord deserves to be cursed ?
These are important questions. Yours faithfully,

J An Enquirer.
Montreal, 9th Sept., 1875.

V<).

■fi

QUEBEC BISHOPS PASTORAL.

At a convention of the Quebec Bishops, held in Quebec in
October, to decide certain questions, amongst which was that of
the «jruibord burial, the following opinion was adopted : — " Un-

PASTORAL OF BISHOP BOUROBT.

•I

questionably ecclesiastical burial is not as holy as the sacraments,
but it does ndt the less appertain wholly and solely to the judg-
ment of the Church. We mean ecclesiastical burial such as de-
fined and regulated by canon law. That is to say, not only the
prayers and religious rites which ai'e used at funerals, but also
the spot sanctified and specially consecrated by the prayers and
blessings of the Church. It may be said that the deprivation of
the honors of ecclesiastical burial carries with it degradation and
infamy, and that thus considered it falls within the jurisdiction
of the civil authority charged to protect the honor of citizens.
We answer that the dishonor and infamy consist rather in the
revolt of a child against his mother ; and that nothing can wash
away the stain of a grave disobedience which perseveres until
death. ♦ • ♦ g^^ q dearly beloved brethren, with
grief we must proclaim it, an affair too sadly famous proves to us
that the Catholic Church in Canada is threatened in her liberty
and her most sacred rights, and the crowning of our affliction is
that the ■ Church can but exclaim with the prophet, ' I have
brought up children and exalted them, but they have despised
me.' (Isaiah i. 2.) The first authors of this outrage have been
brought up on the knees of a Catholic mother. In their infancy
they have partaken of the divine banquet. They have received
the indelible character of confirmation, and yet to-day in spite of
the revolt they call themselves Catholics that they may force the
entrance of a cemetery consecrated by the prayers of the Church,
and by her designed for the burial of her faithful children. To
palliate this criminal usurpation they have invoked the pretended
Gallican Liberties, as if Catholic unity founded by Jesus Christ
on the supreme authority of Peter and his successors were but an
empty name. What authority is that which, by invoking his
liberties, the subject can escape ? What prince, what republic,
would acknowledge such a principle if appealed to by a Province^
notwithstanding the oft-repeated declarations of the constitution
and the supreme tribunals of the State .' "

m
of

Fn-

ANOTHBR PASTORAL FROM MGR. BOURGET.

On October 17th, another pastoral from Bishop Bourget in
reference to the burial was read in the Roman Catholic churches
of the city. In its commencement it referred to the excitement

8s HISTO&y OF THft OUiBOKO CASK.

made " around the body of a certain man as to whose name we
should like to be silent," and declares its purpose to be to give
explanations in regard to " facts wrongly reported " and prin«
ciples wrongly represented. "The Holiness of the Catholic
cemetery " is the subject first treated of, and the Bishop argues
that everything devoted to the use of the Church is holy, its sac-
raments, its doctrines, its temples and its cemeteries. The latter
are especially consecrated to receive, the " bodies of those who
die in peace with the Church, and God ratifies in heaven all the
benedictions made by the priests on earth." "This benediction
is accompanied with ceremonies mysterious and full of grace."
The cemetery is " sprinkled all over with sanctifying and holy
water." It has a cross planted in it, " specially blessed and
incensed," to protect the remains of the faithful sleeping under
its shadows from " incursions of the devil " and to secure " that
their souls be admitted into the company of the angels of peace."
This setting apart of a spot where her children may rest in peace
till the resurrection is dwelt on as a touching instance of the ten-
derness of " Holy Mother Church." This consecration of ceme-
teries is declared to be of great antiquity, and the Catacombs of
Rome are appealed to for proof of how the early Christians took
care not to be buried " pell-mell with infidels, heretics and
schismatics." This branch of the pastoral, which contains much
pious reflection and ejaculation, concludes as follows : —

" Hence it is easy to conclude that one could not without regret
behold in the cemeteries the bodies of those who during their
life might have scandalized their brethren and afflicted religion
by their impieties, their extortions, their debauches, by their
negligence.to attend the holy ordinances and receive the sacra-
ments which give eternal life, and should have died without giv-
ing signs of repentance or penitence."

The second head of t;he pastoral treats of the " justice of the
decision given by the Church against the said Joseph Guibord,"
and is a summary of the pleas advanced on behalf of the Church
in course of the litigation in this case. It quotes the Roman
Ritual as to the classes to whom ecclesiastical burial is to be
denied; claiifts that the Church enforces its provisions impartially
against great and small, rich and poor, and goes into the history
of the Institut Canadien and of Guibord's connection therewith

ANOTHER PATTTORAL rnOM MOR. BOVROBT.

to show that he was righteously denied such interment. It is
true, the Bishop says, he had not been warned and denounced
by name, " because he was not of the rank of those excommuni-
cated persons whom it would have been necessary to flee from
and shun during his existence, it not being allowed to have any
relations with him in the business of life." Nevertheless, the
Bishop maintains that he was righteously under the sentence of
major excommunication directed against all who belonged to the
Institut Canadien.

The decision of the Privy Council is next reviewed. '* Far
from us, our very dear brethren," saytthe Bishop, *' is the thought
of appealing to public opinion from the decision of Her Majesty's
Privy Council in this unfortunate af&ir. This,^ we understand
perfectly, is neither the time nor the place therefor." Mgr. then
refers back to his pastoral of 8th September last as a declaration
of his policy in this matter, and where, it will be recollected, he
announced his intention of cursing the grave. " We have not
desired on this occasion to avail ounelves of the rigor used by the
ecclesiastical authority shortly after the conquest, in causing to
be disinterred and thrown out of the cemetery the bodies of
three soldiers that had been buried there against the rules of the
Church." The Bishop thus takes credit for acting very gener-
ously in this Guibord affair. By cursing the grave and thus
separating it from the rest of the consecrated ground, he says,
" Without entering into conflict with authority we have been able
to safeguard the liberty of the Church." He then goes on to
quote from the recent pastoral issued by the Council of Bishops
in this Province the part setting forth the claims of the Church
of Rome to supremacy over the State, and those of its clergy and
ecclesiastics to immunity from civil process, and reiterates rather
tiresomely their right to act towards Guibord as has been done.
In regard to the Gallican Liberties which have been appealed to
on Guibord's behalf, the Bishop says they are not considered even
in France but as real servitudes wresting from the Church her
lawful liberties, and cannot be put forth to authorize in Canada
an " encroachment upon the rights of the Holy Church." The
Bishop proceeds : — " Allow us, in conclusion, to observe to you,
our very dear brethren, that this decision might not have been
given if the noble Lords who compose the Privy Council and

HISTORY OP TUB GUIBORO CASE.

who advised Her Majesty could have been able to assure
themselves that it would have tended to strangely grieve the
bishops of this country, whose loyalty has never been denied ; to
wound the religious feeling of a devoted people who have on all
occasions joined fidelity to their Sovereign with attachment to
their religion ; to cause Catholics in this country to fear that it
is wished to deprive them of their religious liberty ; to cast into
this province a brand of discord which it might be very difficult
to extinguish ; and to excite between citizens of different races
and religions antipathies and hatreds that might have very serious
results. O may God, our very dear brethren, preserve us from
these evils, and, to obtain grace from Him, let us address by fer-
vent prayers the immaculate Virgiu, who, in her pure and spotless
conception, has crushed the head of the venomous serpent that
with its poisoned breath, fills the whole world with the most
damnable errors. Let us implore the powerful succor of this
august mother of God, whose compassionate heart is always open
to the cries of the poorest and most wretched."

f , ■• _ ; I

(

■.''■^i:<^

■' -4,' ..:-..

f- 1

CORRESPONDENCE BETWEEN ARCH

BISHOP LYNCH AND

MR. DOUTRE.

The three following letters were published in the Toronto
Globe :—

THE archbishop's FIRST LETTER.

Siv, — Would you permit me to say a word in the Guibord
case ? It may occur in Toronto at some future time a branch of
a condemned tree might be forced to take root in our midst, and
we might, perhaps, prevent mischief by explaining in anticipation
what we should do in such a contingency.

But first let me cite a case in point. Suppose the Fenian
organization, properly so-called, were established here and put
under the ban of the Church, as is the Institut Canadien ; and
suppose one of the members at his last moments refused to
renounce the society and accepted in preference to die without
the Sacraments of the Church, would the Privy Council of the
Queen absolve the memory of the man, and force us to give him
ecclesiastical burial ? I presume not ; nor would the Protestants,
especially the Orangemen, willingly acquiesce in what they would
consider an unjust decree of a Catholic Sovereign, in a like case
where they would be the aggrieved.

I know the mind of our Protestant friends, and give them
credit for desiring to know both sides of the question. They,
perhaps, would like to know what is really the Institut Canadien,
about which there is so much trouble. The French-Canadian, in
coming under British rule, gained one immense advantage — he
was cut off from revolutionary France at a time when infidelity
commenced to permeate and ruin all classes, especially the lower,
of French society; and hence the descendants of the French

HISTORY OF THE GUIBORD CASE.

immigrants grew up a religious and loyal people. But, in the
course of time, well-to-do Canadians revisited France, and brought
back the seeds of irreligion and too much independence. To
foster and perpetuate these evil plants they formed a society
called the Institut Canadien. and filled their library with books
fetid with t^e most rampant ittfideUty, such as was destroying the
faith and morality of France. The Bishop of Montreal, as a good
pastor of souls, as a good father, who would not place bad books
in the hands of his children. Wished to have these books removed,
or, at least, locked up, so that all comers would not have accoss
to them ; and the Bishop further required that a priest of his ap-
pointment should watch over the morality of the library and the
members of the Institut. Was this beyond the faculties of a
Bishop of the Catholic Church in his treatment of those who pro-
fessed to owe him obedience, and who wished to receive from him
the Sacraments? No sane man would say that it was. The
Institut Canadien would not comply with th« reasonable demands
of the Bishop, consequently His Lordship was obliged to warn
them if they continued to disobey he would be obliged to cut
them off from communion with the Church. The Institut Cana-
dien retained its library and continued its opposition, and were
consequently proscribed. The evil ceased to become greater
because good Catholics no longer join the Society.

I ask any of our Protestant friends of the various religious
communities, would you not, if the case were yours, refuse com-
munion to the man who would disobey the formal injunction of
your Synod or Conference .''

But now comes the question respecting the bodies of excom.
municated persons after death. But not wishing to intrude too
much on your space, I propose, if you permit me, to continue
these remarks in another communication in your issue of to-
morrow.

I am, sir, your obedient servant,

t John Joseph i^VNCH,
- Archbishop of Toronto.

St MicAaei's Palace^ Sept. 9th, 1875.

THE ARCHBISHOP S SECOND LETTER.

Sir, — There is a qttasi consent that each religious community

eOKRESPONDBNCE.

should have a cemetery specially ccmsccrated or set apart for the
burial of the bodies of the members who died in communion with
them, and it would be considered an outrage for the State to
force them to bury with religious ceremonies the body of one of
their members who, whilst he was alive, was excommunicated
from their Church.

But the State steps in and says, this man bought a lot in the
cemetery, and it can now be used for his burial.

But the lot was sold with this condition expressed or under-
stood, for the burial of those only who died in communion with
the Church, so that, like any other sale of a lot under condition,
when that condition is wanting the land is forfeited. The
Catholic Church provides for the burial of those who die out of
her fold, for in every cemetery a place is set apart for the burial
of such persons.

It appears to me that the State, in the case of Guibord, who
died out of the pale of the Church, is manifestly interfering in
matters not of its competency, and consequently need not be
obeyed, for conscience' sake; but this interference is rather to be
tolerated to avoid a greater evil. If the Guibord case happened
here I would hold myself neutral ; the State could use its power
of force and bury the body in our consecrated cemetery, but cer-
tainly not with any active assistance on our part. I would then
order the grave or plot to be fenced in, and I would then proceed
to re-consecrate the rest of the cemetery.

I might be asked, Do we think the ashes of a notorious sinner
who died unrepentant would injure the souls or bodies of those
whose bones lay in the cemetery? I would answer no — nor
would the bones of mad dogs or other unclean animals contami-
nate the cemetery. This is a subject to which we may return
again But such would shock all sense of humanity and public
decency ; then why make any trouble about the Guibord case ?

We don't make the trouble ; the trouble is caused by the State
forcing the body of an excommunicated man into consecrated
ground not under the direct jurisdiction of the State. The clergy
hold themselves neutral, as they should. The State is strong
enough to force its enactments, even when they are unjust. If
the State think well to shoot down the people, it is the State's
own business ; and if the people resist and expose themselves to

HISTORY O^ THE OUIBORD CASK.

be shot, that is their own business too ; if the clergy wish to help
the State, and advise the people to keep quiet, that is their own
business also. The Church tolerates without resistance at
present the robbery and spoliation of its most sacred property, as
witness the persecution in Italy and Germany, but then she does
not help her enemies in their spoliation.

The Cath' Ucs of Montreal feel outraged at having their cem-
etery about, to be desecrated by the introduction of the body of
an excommunicated man. I don't wonder at it, but I would say
to them, don't expose your lives in resisting the State; if you are
commanded to renounce your faith, then suffer martyrdom rather
than obey imperial mandates, as the early Christians did.

You ask again, " Why consecrate cemeteries ?" This is a
question that all religious bodies may answer as well as myself.
Are we disposed to sympathize with the irreligious father who,
speaking oyer the body of his own son, gloried that he was un-
baptized, and that his body was now some use to humanity, inas-
much as it fertilized the earth — dung to dung ?

Our idea of the sanctity that hallows the body after death is
based upon the words of St. Paul, " Know ye not that your mem-
bers are temples of the Holy Ghost, who is in you, whom you
have from God, and you are not your own. For you are bought
with a great price ; glorify and hear God in your body." (i Cor.,
vi., 19, 20.) And again, " If any man violate the temple of God,
him shall God destroy, for the temple of God is holy, which you
are." (i Cor., iii., 17.) And again, '* I know that my Redeemer
liveth, and at the last day I shall rise out of the earth and I shall
be clothed again in my skin and in my flesh I shall see God."
(Job 19.)

Hence the bodies of the just will be joined to their glorified
souls and enjoy the beatific vision of God ; hence our reverence
for the bodies of the dead ; hence the vice of impurity is so exe-
crable to God.

I am, sir, with much consideration,
Your obe<?ient servant,

f John Joseph Lynch,

Archbishop of Toronto.

Toronio, Sept. 10, 1875.

CORRISPONDBNCB.

MR. DOUTRE S REPLY.

Sir, — From the high tone of some of the public utterances of
His Grace the Archbishop of Toronto, I have conceived* in com-
mon with others, a deep feeling of respect for his talents and his
sincerity of purpose. His letters on this Guibord case, notwith-
standing, or I should say on account of, the errors of fact they
contain, are not of a character to diminish that respect. His
Grace, knowing evidently nothing of the main facts, and having
to explain to himself and to the public a conflict which has put
the whole American Continent in commotion, imagined every-
thing which could make a plausible defence of his Montreal
colleague's position. When he learns that his facts are fictitious
and imaginary, it will hardly be necessary to discuss his conclu-
sions.

The parallel attempted to be found between the members of
the Institut Canadien and the Fenians has no other merit than
being a piece of diplomacy to prepare the ears of his audience.
However, I have no objection to accept the parallel in its entire
bearing, provided it be treated from a Lower Canada standpoint.
The Catholic Church in Lower Canada partakes of the character
of an Established Church. The laity constitutes, in each parish,
a corporate body as regaids the properties of churches, cemeteries,
and parsonages. These properties belong to the parishioners,
and not to the bishop or the cure. The curis have the right to
recover, before the Courts, the tithes from the parishioners. The
Church, composed of the curi and laity, has the right to collect
through processes of law any amount of taxation for the building
of churches^ parsonages, and the purchase of burial grounds, and
the repairs and maintenance of the whole. These things do not
exist in Ontario. There everything is voluntary, and I am not
prepared to express an opinion on the respective rights and duties
of the clergy and laity. But the condition of things in Quebec
has constituted clear and well-defined rights and duties for the
two bodies. Decisions from the highest Court in Quebec, a
Court uniformly composed of a majority of Catholic Judges, have
laid down as a rule formally approved of by the Church, until the
recent changes in the Constitution of the Catholic Church, that
the old ecclesiastical law of France was still the ecclesiastical law

'90 HlirORY OF THE OOIBORD CASE.

of Lower Canada. The Manuel des Curds, by Mgr. Desautels,
Curate of Varennes, one of the honorary attendants of the Pope,
and honorary Canon of the Montreal Bishopric, published in
1864, contains as a preface a circular letter of the present Bishop
of Montreal, commending the book to the clergy/ of his diocese.
At page 17 it says : — "No one can doubt that the common eccle-
siastical law which obtained in France, before the cession of Canada
to England, is the ecclesiastical law of Canada."

Viewing the case of the refractory Fenian in the light of these
laws, I would not question the right of a priest to refuse com-
munion to him at his last moments ; but I would unhesitatingly
deny him the right to refuse ecclesiastical sepulture to his re-
mains. From time immemorial. Catholic France, both at home and
In the colonies, has maintained that the sepulture of the dead, even
in the times when ecclesiastical courts were in full operation, was
exclusively cognizable by civil court. Excommunication major
only could justify the refusal of ecclesiastical burial, by separating,
in a measure, from the Church the object of that excommunica-
tion. I need not tell an archbishop how such excommunication
should be pronounced to be valid ; but for his readers and mine,
I must say that the law never allowed excommunication unless it
were publicy denounced and personal, after admonitions. No
secret or collective excommunication has ever been admitted as
valid. In fact, no system of public laws could co-exist with a
collective or secret exclusion from an Established Church. The
French ecclesiastical and public law, as left to us at the time of
the treaty of cession, goes farther. It claims for the civil courts
the rights to examine whether excommunication, when pro-
nounced, is conformable in its causes with the canons or not.
When the case was argued here, numberless decisions of the
French Courts were cited, declaring null and void excom-
munications pronounced with all the external formalities of
the law, in order to reach the consequences of excommuni-
cation. And let me remark, that not one single case could be
cited contradicting the doctrine above mentioned, both as regards
the absolute necessity of a public and personal excommunication,
and as to the right of enquiring into the cause of excommunica-
tion.

Bringing these principles to b«ar on the Guibord case, I must

CORRBSBOWDIMCt.

tell Archbishop Lynch (i) the members oftheliutitutCanadien
were never excommunicated, even collectively; (r)Guibord was
never excommunicated, either collectively with others ttr person-
ally. An archbi^hou or one hundred bifho^M would lose their
time and words in asserting ihe contrary* If (act% of a past age
may be distorted, and made convenient to support a system, con-
temporary history is beyond such manipulation.

[Mr. Doutre then goes on to narrate the circumstances in
regard to the Institut at the time of Gutbord's death. The lat-
ter had been refused communion, but that— >a matter of daily
occurfence — did not amount to exconumunication.]

The only excommunication which was ever pronounced in
Canada, according to the mles of ecclesiastical law, was that of a
newly married couple, who had gone to a Protestant minister to
be married. This was some six or eight years ago, at Rimouski.
Guibord not being excommunicated, any reasoning founded on
that error falls to the ground.

THE INSTITUT CANADIRN.

After twenty years of uniformity in the calumnies heaped
upon this Society, one feels refreshed in hearing something new
in the shape of misrepresentation. I do not in any way impugn
the sincerity of His Lordship. I am sure he believes what he
says. " In the course of time, well-to-do Canadians revisited
France, and brought back the seeds of irreligion and too much
independence," The only French people with whom the Insti-
tute ever communicated, before incurring the displeasure of the
Bishop of Montreal, were Abbe Charbonnel, who became Bishop
of Toronto, and Father Martin, principal of the Jesuits in Mont-
real. The Guibord case brought some members over to Franoe,
but until then none of the members had any occasion to invest
in French irreligion, unless it were through the teachings of
Messrs. Charbonnel and Martin, some time about 1845 or 1846.

[Mr. Doutre go'^s on to recount the history of the attack by
the Church on the Institut, and shows that the Bishop of Mont-
real never signalized any book in its library as objectionable,
although a catalogue was put in his hands.]

Four or five years ago the N0ttveau MoinU, the organ of the

9»

HISTORY or THE OUIBORD CASK.

I. 'I'i

Bishop, said the same thing as Archbishop I.ynch. that the lib-
rary of the Institut Canadien was filled witli books fetid with the
most rampant infidelity, such as was destroying faith and mor-
ality in France — or something to that effect. The Bishop of
Montreal had never gone to that excess; his assertions were
diplomatically enveloped, and he could not be called to account.
It was diiforent with the Nouveau Monde. An action for libel
was brought against it by the Institut Canadien, and after a pro-
tracted investigation the Nouveau Monde was condemned as a
defamer. The case, if I mistake not, is reported in the " Lower
Canada Jurist," and may be perused. I hope that Archbishop
Lynch ignored these facts when he repeated the calumny of the
Nouveau Monde which could have appealed f*om that judgment,
but tamely submitted by paying principal and costs.

The Catholic members of the Institut Canadien never
claimed the right to read a disapproved book. They claimed
the right of being members of a literary society which
might have condemned books in its library. If they are
wrong ho Catholic could become a member of Parliament, be-
cause the library of Parliament contained books condemned at
Rome. The facts, as I state them, have been established under
oath, both in the Guibord case and in that of the Institut Cana-^
dien and the Nouveau Monde. There has not been an attempt
made at contradicting them. I do not care how many bishops
or archbishops would give their words to the contrary, — we have
judicial records on our side.

CEMETERIES.

All shades of worship possess cemeteries for the burial of
their deceased members, with very slight differences as regards
consecration, which it is not necessary to mention here. Let us
speak of the cemetery of Cote des Neiges, where it was ordered
to bury Guibord. When the suit began, and long after, that
cemetery was unconsecrated. This fact deprived the Fabrique,
defendant in the case^ of the benefit of all the flourish we now
read in the Archbishop's letters about the desecration of holy
grounds. It was, 1 think, after the appeal to England that, in
order to create to themselves a new weapon, the defendants
caused the cemetery to be consecrated. They imagined, in their

CORRBSPONDENCK.

'ii

llof

jgards
let us
[dered
., that
jrique,
now
holy
lat, in
idants
their

strategical combinations, that after fighting us from one court to
another they kept in reserve an unsuspected torpedo to upset us
after the victory, and they consecrated the cemetery at the
eleventh hour. The Courts, both here and in England, failed to
see the distinction, whether the cemetery was consecrated or not.
The Privy Council took it as a fact that Catholics dying with
their rights unimpaired were buried in ascertain part of the cem-
etery, and they ordered Guibord to be buried there. It was
ordered that he be buried where the Catholics were buried, with
ecclesiastical ceremonies. After the death of his wife, the Insti-
tut Canadien, as representing her estate, bought a lot for the pur-
pose of burying her and her family. This implied her husband,
and in that lot he will be buried. Having taken from the Arch-
bishop's feet the solid platform of the excommunicated Guibord,
I wish him to stand on something in his next letter.

CHURCH AND STATE.

" It appears to me," says His Lordship, " that the State, &c.,
is manifestly interfering in matters not of its competency and
consequently need not be obeyed, for conscience sake, but
(thanks!) this interference is rather to be tolerated to avoid a
greater evil." That means, rather obey than be hanged. Many
people more commonly known in police courts than in palaces,
use the same reasoning. In his first letter His Grace, politely
bowing to Orangemen, asks them if they would acquiesce in an
unjust decree of a Catholic Sovereign, in a like case, where they
would be the aggrieved ? After the Revocation of the Edict of
Nantes, the Huguenots said, rather go away than be flogged or
decapitated, and they made the fortune of England, of the United
States and shortly after, of Switzerland, of Flanders, and Gerinany.
These were, like the Plymouth Pilgrims, the flower of their native
country.

The difference between their case and that of the champions
of the Church at the Guibord funeral on the 2nd Sept., 1875, may
be found in the utterances of the drunken rowdies who blocked
up the gates of the Montreal Cemetery. There are times when
unholy words have to be repeated. The Montreal drunkards
shouted : '* No bloody • • ♦ * • ^jn pj^g
this gate! G d Guibord!" &c., &c. None of them

HISTORY OF THB OUIBORD CASE.

could Stand erect on their legs. These were the modern cham-
pions of religious convicttons. They would rather be hanged than
obey, not knowing at the time the difference between a rope and
a glass of whiskey. Let us go up the ladder and come back to
the venerable Archbishop. He evidently wants to convey the
idea that Protestant judges know nothing of Roman Catholic
ecclesiastical law, and have no moral authority in the matter, and
must have been guided by religious prejudices and enmity.
That argument was propounded by one of our Superior Court
judges, who expressed the wise opinion that if the judges of
Lower Canada were called upon to grant damages for the refusal
to bury Guibord, they would be obliged to enquire fully into the
canonical causes of the refusal, and grant such damages if the
refusal were not justifiable, but they had no competence and no
adequate knowledge of ecclesiastical law to order the burial !
This opinion did not carry conviction in all minds. Simple
people asked themselves if the Catholic Church were constituted
under the Egyptian and Chinese systems of old times, when
priests kept to themselves the whole knowledge and laws of their
country, and so closely that none but themselves could under-
stand anything in it. Even Catholic judges were not supposed
to know anything of the ecclesiastical law. What could be said,
then, of Protestant English lords of the Privy Council } They
could competently decide cases coming from India, governed by
Indian legislation, cases coming from Gibraltar, under Spanish
legislation, cases from former dependencies of France, Holland,
Italy, Denmark, &c., governed by the legislation of these respective
countries; but Catholic ecclesiastical laws were beyond their
attainments. Roman Catholicity claims to be semper eadem, and
no one but priests or bishops are competent to understand its
laws. If we had said so, we would be branded as the most im-
pudent defamers. Where and how could human wisdom consti-
tute a more impartial and enlightened tribunal or jury than the
Privy Council ? The ecclesiastical law of England is almost the
same as it was before the Reformation. Ecclesiastical Courts
are in constant operation, and lawyers are trained as
actively as they were at Rome, until the unification of
Italy, in Courts ad hoc. The contest was not between Protestants
and Catholics, but between Catholics alone. Whether one way

CORRESPONDRNCB.

tie

rts

Its

or the other, the decision could have no manner of influence on
Protestant matters. If it be contended that the Lords might be
tempted into an assumption of power over Catholic questions, it
must be remembered that they were exactly the proper tribunal
to dispose of such a question. The Fabrique invoked the treaty
of a cession from the Government of France to that of England.
The Privy Council is the Queen herself, acting with her advisors.
One of the parties to that Treaty was in effect called upon to in-
terpret it. Was it possible to come nearer to the source from
which the law emanated ?

I feel it to be tiresome to explain that we owe light to the sun,
and I must close. That light is shining brightly everywhere, ex-
cept in the Guibord case. Since its opening, half a dozen mem-
bers of the Institut Canadien have been buried with ecclesiastical
honors ; one of them, a Freemason besides, was buried after three
days of hesitations and discussions about these two qualities un-
der the chancel of the Church of Pointe Claire, near Montreal.
Another who died at St. Paul, Minnesota, another in Chicago, and
three or four others in Montreal, were all buried- here with the
honors of the Church under the direction of our good and con-
verted Bishop. These facts are as notorious as the Guibord case
itself. A little effort at humility and submission to the law would
have settled the Guibord burial in the same manner, and I do
not despair to witness that result, though not und^r the
auspices of good grace- The Guibord case will have
this beneficial influence on the future of this country —
it will teach those who invoke treaties and law, that these facts
act both ways ; that rights have their correlative duties ; that no
one has the privilege of using rights and repudiating duties ; that
there is only one Sovereign over these lands, the civil and politi-
cal Government ; that any attempt to defy that authority may
have the support of a few, but will be frowned down by all men
of any worth or standing, without distinction oi creed or nation-
ality. . • J ...
,, >. . , • Vours, &c.,

uy.-r.'v- Joseph DouTRE.

Montreal^ Sept. 13th, 1875. ,

-^■

XI.

INTERVIEW BETWEEN MAYOR HINGSTON
AND MR. DOUTRE.

On October 28th, an interview took place in the office of His
Worship Mayor Kingston, anent the Guibord burial, which caused
some excitement and was the ground of much comment.
The matter was brought about by Mr. Doutre, the coun-
sel for the Institut Canadien, and there were present Mayor
Kingston, Chief Penton, Col. Fletcher, A.A.G. of the District of
Montrtal, Mr. Doutre, Q.C., Aid. Stephens, Mr. Glackmeyer,
City Clerk, and Mr. Roy, City Attorney. The usual formalities
gone through, Mayor Kingston, Mr. Doutre and Col. Fletcher
took seats at the table.

Mk. Doutre stated that he had made bold to address a
letter to the Mayor and also to Col, Fletcher, in order that prompt
and proper measures should be taken to secure protection to the
funeral procession of the Guibord remains, which were to be
buried at as early a day as practicable. Ke had unofficially noti-
fied the Governor-General of the course he intended to pursue
in the matter, and of the occurrence that had taken place at the
last attempt to bury Guibord. He then proceeded to read the
law which governed the action of the authorities in cases when
riot was likely to occur, quoting from chap. 46, 36 Vict. Kaving
shown the duty of the militia in the matter, and that they could
be called out on the signature of a requisition by three magistrates,
Mr. Doutre reverted to the facts after the last attempt to bury
Guibord, saying that three or four days prior to the attempt he
had prepared an affidavit and submitted it to several magistrates
for their signatures. These gentlemen, however, had treated the
matter as a joke, and said they were not going to make fools of

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YHK VAULT AT THK PROTESTANT CKMETKRY— (See page 63.)

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INTERVIEW BETWEEN MAYOR KINGSTON AND MR. DOUTRE. 97

> < i

themselves by taking such extreme measures, as they were not
warranted by circumstances. Meeting so many rebuffs he thought
best to go no further in the matter, but to attempt to carry on the
burial. The result was too well known to require recapitulation.
He had tried and failed, and the blame rested upon those magis-
trates to whom his application had been made. As to the present
matter he was certain there would be trouble, for not later than
Sunday last — so he had been told — an immense crowd had col-
lected on account of a military funeral, suspecting that the affair
hud something to do with the Guibord matter. When a crowd
had collected a riot might be started by a drunkard or an idiot,
but once started it would be carried on by others; good citizens
would take part in it ; in fact he had seen good, well-disposed
citizens so inflamed by passion as to lose all control of themselves.
It was scarcely necessary to place a sworn statement in the hands
of the Mayor under these circumstances; but as he, Mr. Doutre,
had to leave in a few days for the purpose of attending a meeting
of the Fisheries Council, he wished to have the authorities take
proper precautions in the premises, and to this end he had pre-
pared the necessary documents ; he had prepared a statement
which he read to the effect that he apprehended a riot on the
th of November next in the city of Montreal.

Mayor Hingston — In the city of Montreal you say ?

Mr. Doutre — Yes, in the city of Montreal; if any riot occurs
— of which I have no doubt — it will take place at or around the
hearse.

Mayor Kingston — But the cemeteries are outside of the
city limits, not in Montreal at all.

Mr. Doutre — It is true that the fence of the Roman Catholic
cemetery was the limit of the city of Montreal.

Mayor Hingston — Then I think your proper course would
be to see the Mayor of the Municipality through which the
funeral shall have to pass. I do not think your way lies through
the city of Montreal, and cannot see why we should furnish pro-
tection to outside municipalities; we have enough to do to pro-
tect the peace of the city.

Mr. Doutre — We are not bound to take the same route as
we took last time. We intend going through Montreal from the
Protestant Cemetery and around by Cote des Neiges road.

':i

HISTORY OP THB OUIBORD CASE.

Mayor Kingston — I certainly think that you will not be
doing right in carrying out this purpose. It looks like courting
collision and trouble with the citizens.

CoL. Fletcher — The only thing not clear to me is the fact
that the law states that the magistrate who signs the requisition
shall reside within the municipality in which the riot is appre-
hended.

City Atty, Roy — Oh, very well, that is all I wished to know.

Mayor Kingston — I wish to say that it Is my opinion that
it would be better for you to take the same route as you did the
last time in this matter, and apply for protection to the Mayor of
the municipality at the. back of the mountain, through which you
have to pass. However, should any difficulty occur in the City
of Montreal, I shall do all that lies in my power, aided by the
police of the city and the militia of the district, if necessary, to
protect the life and property of its citizens. With regard to my
previous action in the last attempt to bury Guibord, I would say
that I exceeded my powers in the matter in going to the cemetery
at all, but having heard that a riot and bloodshed and murder
were going on, I felt that it was not the time to strain at a gnat
of form, hence my action. When I came home I put myself in
communication with the City Attorneys as to my jurisdiction in
such cases, and fortified by their decision, I am prepared to do
my duty to the utmost as Mayor. Here is the decision of the
City Attorneys. (The Mayor proceeded to read the decision
limiting his powers to the city.)

Mr. Doutre — It is not necessary that you should sign the
document. The law allows you to be one, and thinking that you
might wish to so act, I called upon you as a matter of courtesy,
hoping that some arrangement might be perfected whereby the
public peace might be secured. If you do not wish to sign it, I
suppose some one else will ; in any event, I will obtain protection.

Mayor Kingston — Coming into Montreal would provoke a
hostile feeling that might be avoided by taking the old route.

Mr. Doutre — With the experience of the past before us we
have decided to come into Montreal for two reasons : in the first
place it was not citizens of Montreal who took part in the dis-
turbance of the 2nd September, but persons from the back
country.

INTERVIEW BETWEEN MAYOR HINOSTON AND MR. DOUTRE. 99

the
Lt you
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Iction.
oke a
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dis-

back

Mayor Kingston — That is the very reason why you should
take the old route. Why bring the trouble — if trouble there be —
into the city at all ?

Mr. Doutre — We think otherwise. The authorities of the
municipalities through which we have to pass only employ a
policeman or two who would certainly be no protection at all,
whereas by coming through Montreal we would be subjected to
no annoyance until we reached the Cemetery at Cote des Neiges,
when the militia would aid the police — who had authority if they
wished to go outside the municipality, but of course could not be
forced. If there were measures taken in which they joined
there was no doubt that the public peace was secured and all
would be well. Besides, the distance to the cemetery by going
through Montreal and up Cote des Neiges was shorter than the
route previously taken round the back of the mountain. Of
course if they were to split hairs about a piece of road being in-
side of the city limits, the matter would not be so easy of settle-
ment. 1 have been blamed by some because I did not press
matters before, and proceed to bury the corpse of Guibord. How-
ever, I so acted as I thought was for the best ; for it seemed to me
blood would have been shed had I proceeded further in the matter
at that time. There was a very large crowd of determined people,
to oppose whom, unsupported by law, would have been madness.
Mayor Hingston — Pardon me, Mr. Doutre, there is no hair-
splitting at all ; but I do not see why Montreal should be placed
in the position of a protector to any of those outside municipali-
ties, when we had enough to do to protect ourselves with the
small available police force. It was not justice to our own
citizens who paid taxes for the support of the police force that
the latter should be at the beck and call of outside municipalities,
and if we commenced interfering in this matter there was no
knowing how far we might be required to go in the future. As
far as the city of Montreal is concerned, I will answer for it, and
the police force, I have every confidence, will second me in it ;
and here let me remark that I do not agree with you when you
state that the crowd that interfered on the 2nd of September were
composed nearly altogether of a rowdy element from the back
country. It was a calm, determined crowd, not noisy nor violent,
but determined to resist to the utmost, to all appearances, and

100

HISTORY OF THE GUIBORD CASE.

apparently an organized mob of several thousand people, who
could have gobbled up our own entire police force with ease. I,
for one, think Mr. Doutie did wisely in not pushing matters at
the time ; for there is no knowing to what extent the trouble
might have gone had you acted otherwise.

Mr. Doutre — Well, Mr. Mayor, I now ask you if you will as
Mayor of Montreal sign this requisition ?

Mayor Hingston — I am not prepared to do anything of the
kind, unless I am assured that the peace of Montreal is endanger-
ed, and I have no positive assurance of that kind.

Mr. Doutre — My affidavit. If you do not sign as mayor,
you can do so as a magistrate.

Mayor Hingston — Excuse me, Mr. Doutre, you have asked
me as Mayor, and my first duty is to the city and citizens of
Montreal. Fortified with a knowledge of how far I can legally
go as mayor, I am prepared to act as such at once, and tell you
that when the time comes I shall do my duty to the utmost. 1
will not, however, now assume at a moment's notice the position
of a magistrate in addition, and do that which may weaken my
power as mayor, especially when I am not sufficiently clear as
to my powers in the former capacity. When you come to me as
a magistrate I will answer you as a magistrate.

Mr. Doutre — Then I ask you as a magistrate : — Justice of
the Peace Hingston, will you sign the requisition ?

Mayor Kingston — I refuse to act in the capacity of
mayor and magistrate at the same time, and at a moment's notice ;
and I do not think that you have acted fairly in requesting me to
meet you as Mayor of Montreal and then putting your question
to me as a Justice of the Peace.

Mr. Doutre — Then I take your answer to be a refusal in
both cases ?

Mayor Hingston — No ; I do not entertain the question for a
moment as Justice of the Peace. The interview began with the
Mayor ; your invitation to me to meet you was as Mayor and
will end with the Mayor. There are, as you say, nearly two
hundred magistrates in the city, and why should you single me
out in the matter ? After this interview at any time you should
name or when you may call upon me, I shall answer you as a
magistrate and a justice of the peace, but now you ask me all in a

INTERVIEW BETWEEN MAYOR KINGSTON AND MR. DOUTRE. tOI

moment, and I do not know how far my action as a magistrate at
present may mterfere with my future action or authority a»
mayor. r dechne to entertain the question as magistrate for a
moment. Besides you have not even mentioned the day upon
Which you expect the funeral or riot or other trouble to take place.
Mr. DouTRE-Oh, well, I have left a blank that can be filled
up. I do so now and say the 4th November. This, however,
may be altered. I do not say that it will positively take place
upon that day. ^

Mayor HiNGSTON-Well, as Mayor of Montreal, you have
my answer that I shall take all proper measures to ensure the
protection of the public peace within the limits of my jurisdiction.
AS magistrate I do not enter into the question.

Mr. Doutre— Then I presume the interview is at an end.

The Mayor— I suppose so, unless you have anything more
to say to me in my capacity as Mayor.

Mr. Doutre— I have not.

The interview then came to a close.

XII.

WHAT THEY THINK IN ENGLAND.

{From the Times, Sept. 21.)

The city of Montreal has been cast into a state of something
like civil war by the question whether a man who died five years
ago shall be buried in consecrated ground. The story, which
our Canadian correspondent told yesterday, and which our Phila-
delphia correspondent recounts to-day, is scarcely freed from an
element of comedy, even by the solemnity of the grave ; but in
truth it is seriously important to this country, as well as to
Canada. Lower Canada, the scene of the quarrel, is noted for
the tenacity with which it has clung to the Catholicism of its
early settlers. The Jesuit missionaries who were among the first
leaders of the French Colonists left imperishable memories of
their energy, and some of the worse elements of their zeal seems
still to live in the Canadian priests. Nor have the descendants
of the early settlers fallen away from Catholicism like the French
of the present day. The cynical criticisms of Voltaire never
reached Lower Canada, and the faith of the colonists is pretty
much what it was when Louis XIV. dipped deep into his privy
purse to pay for the missions by which he helped to soothe the
memory of his sins. As the religious fervor of the people has
been quickened by the influx of Irish, the Pope has good reason
to be pleased with the devotion of Lower Canada. (The facts of
the case are here recounted).

It would be difficult to find a more instructive example of the
inevitable collision between the civil authority and the Roman
Catholic Church wherever that Church feels itself powerful.
What has happened in Canada might easily occur in Ireland, or
even in England. The authorities of the Catholic Church claim
supreme jurisdiction over their flocks in all matters spiritual, and
the merely abstract demand may be readily granted. In the eye
of the law their Church is merely a corporation, with no greater

WHAT THBY THINK IN KNGLAMD.

103

and no less rights than any other. It is in precisely the same
position as the London and North-Western Railway or the
Carlton Club, and it is allowed to exercise powers of discipline,
not because it has a sacred character, but simply because its
members have the same civil rights as other citizens. If they
agree to obey a particular man and to be bound by a particular
set of rules, they may be held to their bargain so long as it con-
tains nothing essentially illegal. Within these wide limits the
authorities of the Catholic Church are certainly the supreme
spiritual judges of their flock, and they may deny any member of
their Communion the sacraments on precisely the same ground
as a committee of a club may expel any member who has broken
its rules. Nay, the Bishop of Montreal would have had a right
to prevent the body of Guibord from being buried in conse-
crated ground if the man had really forfeited his spiritual privi-
leges. But here comes the collision between the law and the
Church. Did he forfeit those privileges ? The Catholic priests
reply that they alone are entitled to answer a question which is
purely spiritual. But, in reality, it is civil as well, because the
denial of Christian burial has inflicted a stigma on his memory
and the reputation of his family. When his representatives claim
redress the Courts must treat the matter simply as a dispute
between certain members of a Corporation, and decide it as if it
were an action brought by some shareholders of a railway com-
pany against the directors. All a Court of law asks is whether a
particular contract has been kept, and if the bargain has been
broken it is bound to give relief. But, as it must retain the
power of determining whether a contract has been fulfilled, it
really becomes in the last resort the supreme judge of spiritual
as well as temporal afliairs. Roman Catholics, Methodists,
Baptists, may all be free from any formal connection with the
State, and they enjoy a large amount of liberty ; but they can no
more escape from the dominion of the law than the Church of
England herself. All the declamation of the Montreal priests
against Guibord's right to his grave being negatived by their
spiritual jurisdiction comes from a confusion of ideas. They have
merely such spiritual authority a they draw from explicit or im-
plied contract with their flocks, id the Courts of Law must de-
termine whether they have broken the bargain. Now, the

it:

ii'i;'

Ei ^:

104

HISTORY OF THE GtTTBORD CASE.

Judicial Committee of the Privy Council has decided that,
according to the law of the Canadian Church, Guibord did not
forfeit his right to Christian burial merely because the Bishop
included him in a wholesale excommunication. Sir Robert
Phillimore and the other judges of the cause did not pretend to
decide whether the law is good or bad. That is a matter which
the Vatican and the Canadians must settle for themselves. If
the Pope and the Bishop do not like the law, they can endeavor
to obtain a change in it; but, so long as it exists, they are as
much bound to obey it as if they were the most secular of
traders. Any attempt to resist the decree of the Judicial
Committee must, therefore, be punished just as severely as the
most vulgar breaches of the public peace.

iai

THE STONE SARCOPHAGUS.— (See page lo*-)

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XIII.

THE FINAL BURIAL.

The excitement in the city and throughout Canada, England
and the United States, grew intense on the eve of the burial
which had been, after many postponements definitely settled for
Tuesday, November i6th, 1875. Special correspondents from
English and American papers were in the city, and communicated
many mteresting items of news to their respective journals, which—
from the exigencies of the case, the Montreal papers were not
allowed to publish. Many of these state-r.ents were tinged with
exaggeration, tending more to the discredit of the city than the
facts, which were bad enough, would justify. The volunteers,
who had been undergoing their annual drill, would often march
through the streets at the conclusion of their night's drill, singing
extemporaneous songs with such sentiments as the following*!
' We'll bury old Guibord in the consecrated ground," '» Guibord's,
coffin weighs exactly forty ton," &c., &c.

Pretty nearly every day of the week preceding the funeral,
exaggerated reports of the strength of the military were spread in
all directions ; while the general idea that His Worship the
Mayor would not use his influence to complete the burial were
rampant, and between the mystery of the operations, the import-
ance of the principle at stake, and the constant postponement of
the day, the excitement was kept at fever height. Even the mem-
bers of the press were not informed of the hour of the burial.

Owing to threats that Guibord's remains would be exhumed
if buried in the consecrated ground, preparations had been made
for ensuring that his resting place would prove a permanent one.
At first the report was spread that above the grave a torpedo was
to be placed, which, although it would allow anyone to walk over
the grave with safety, would explode immediately on being

io6

HISTORY OF THE GUinORn CASE.

touched by any shovel or other instrument two feet below the
surface. This joke which was played upon the world met with
considerable success and lived for some time, and even now it is
understood by some that one of these infernal machines are buried
above the remains. Next Mr. Reid, of St. Catherine street, was
given the order to make a stone coffin or sarcophagus, weighing
about eight tons. This was to be in two parts, as shown in the
illustration, one half acting as a foundation for the wooden coffin
and the other half covering it. They were to be firmly riveted
together, and it was supposed would resist all attempts at disinter-
ment. But early in the week preceding the burial, the Mayor,
who had overcome his legal scruples to seeing the decrees of the
Privy Council carried out,objected to the sarcophagus on the ground
that it would cause a disturbance in being carried to the Ceme-
tery. The Institut insisted on having it used, till the day
preceding the burial, when at a meeting they decided to abandon
the sarcophagus but cover the coffin with Portland cement mixed
with scrap iron, which en hardening would form a substance as
hard as stone and more difficult to drill.

On Saturday evening, a meeting of those most interested in
preserving the peace of the city at the burial was held, and His
Honor Judge Coursol was requested to act as attending magis-
trate— in default of His Worship the Mayor — at the funeral, which
request was acceded to. Lieut.-Col. Fletcher, Deputy Adjutant-
General for the district, also issued the necessary instructions to
battalion officers to have their forces muster on Tuesday morn-
ing, consequent on a requisition having been presented to the
effect that serious fears of a disturbance were entertained if there
was no adequate protection afforded the funeral procession.

The Sunday previous, the Roman Catholic priests in the
city and district had at the Mayor's request, commanded their peo-
ple not to go near the funeral, nor even look at it. On Monday
morning Mr. Doutre fyled the writ of mandamus ordering the
burial, and served a copy of it on the Seminary of St. Sulpice.
The wpt was made returnable on the 27th. He also demanded
from Rev. V. Rousselot, the Qwxh of Notre Dame, that he should
perform the ecclesiastical rites over the remains the next morn-
ing, to which demand the following reply was made :

THE FINAL BURIAL.

107

the

Montreal, i6th Nov., 1875.
To Messrs. Doutre, Doutre &* Hutchinson, Advocates of the In-
stitut Canadien :

I received on the evening of yesterday, the 15th inst., the
writ of mandamus and the notice you signified to me the same
day — a writ of mandamus which reminded me of the judgment of
the Privy Council in the Guibord affair, and a notice by which
you inform me that to-day, at 1 1 a.m., the remains of the de-
ceased will be presented at the Cemetery of Cote des Neiges ;
and you require me to give, or cause to be given, to these re-
mains the usual ecclesiastical ceremonies under pain of expenses,
damages and interest. It is my duty to answer you ; I do it
with full liberty ; you must not take it ill.

The concession and refusal of ecclesiastical sepulture — that
is to say, sepulture made in consecrated ground, with the prayers,
the ceremonies of the Church, the stole and the surplice — are
essentially within the jurisdiction of the ecclesiastical authority,
and not in the jurisdiction of the civil authority. Already at
first, when one came in your name, on the death of J. Guibord,
to demand from me ecclesiastical sepulture for him, I replied
that the Episcopal authority had ordered me to refuse it, and I
produced the letter which confirmed that. But I immediately
added that I could offer him civil interment, and I offered it.
On this occasion I spoke as Cur6 in the name of my Bishop, and
not in the name of the Fabrique of Notre Dame. The Fabrique
had nothing to do with this question, as, in fact, no one had de-
manded anything of it, and it had refused nothing. It is not for
Messieurs the Marguilliers to decide whether such and such an
individual merits or does not merit ecclesiastical sepulture, and,
consequently, whether he should be buried in such and such a
part of the cemetery, whether consecrated ground or not. You
know all this well. Consequently you ought not to prosecute
before the civil courts the Fabrique of Notre Dame, since it was
not guilty of any delinquency ; and you have committed a seri-
ous injustice in denouncing it to the Privy Council for refusal of
sepulture, and in causing it to be condemned either to bury J.
Guibord or to allow him to be buried in the midst of Catholics

108

HISTORY OF THE GUIBORD CASE,

who have received the honors of ecclesiastical sepulture, and
finally to pay the expenses of this process.

The judgment of the Privy Council not having condemned
Mgr. the Bishop, the only competent authority in this order of
things, and having ordered the Fabrique to perform acts which
it has not the capacity to perform, to bur/ J. Guibord, or allow
him to be buried, you cannot in any way avail yourselves of that
judgment ; and the ecclesiastical authority persisting in refusing
his sepulture in the part of the cemetery where you desire to
bury him, you can proceed legally wth its execution. However,
the Fabrique, condemned in consequence of the false allegations
of Monsieur J. Doutre to the Privy Council, resigned itself,
through respect for Her Majesty the Queen of England, our
gracious sovereign, to pay the expenses of the process ; and on
its side the ecclesiastical authority, to prevent greater evilb', re
signed itself to take an attitude purely passive. Fearing riots
and conflicts, which might have regrettable consequences, it made
words of peace heard from the pulpits, and exhorted all the faith-
ful not to attend this funeral. Meantime I declare to you,

1. That I cannot gran»^ ecclesiastical sepulture to J. Guibord,
Mgr. of Montreal persisting in his refusal.

2. That you cannot yourselves effect or order the civil inter-
ment of J. Guibord in the part of the cemetery consecrated by
the prayers of the Church, but I of now oflfer it you in the other
part.

3. That if, despite .-11 this, you persist in your deplorable de-
sign, I am obliged to resolutely protest against the violation of
the Cemetery, of the laws of the Church, and of the liberties of
Catholics in Lower Canad' .

I have the honor to be, &c.,
(Signed) V. Rousselot, Ptre., S.S.,

Cur6 de Notre Dame.

P. S.— It is unnecessary to add that I shall be present at 1 1
o'clock at this burial, but only as a civil officer.

(Signed) V. R.

On the same evening Mr. Boisseau went to the office of the
Fabrique and tendered the fees, $4.35, due before burial. Mr.

tHE FINAL BURIALi

tog

|R.

the
Mr.

Choquette, however, refused the money, remarking that he had
not been authorized to receive it.

The muster of volunteers that evening to receive instructions
and ammunition for the morrow was larger than for many years
before. The battalions which mustered were as follows : — Mont-
real Garrison Artillery, about zoo strong, Lieut.-Colonel McKay
commanding ; Colonel Stevenson's Field Battery, about 60 strong ;
the Hussars under Lieutenant McArthur, numbering about
35 ; the Victoria Rifles, about 280 strong ; Prince of Wales Rifles,
250 strong ; the 6th Battalion or Hochelagas, 250 strong, and one
company of the Montreal Engineers. The city police to the
number of 100 men were also ordered to be in readiness. On
Tuesday,

TIIK MORNING OF THE BURIAL,

at^half-past 8 o'clock. Chief of Police Penton met the Mayor at
the residence of the latter, and received instructions to march his
whole reserve force of about 100 men to the Protestant Cemetery.
The force left the Central Police Station at about a quarter to
nine o'clock, headed by the Chief himself and accompanied by
the detectives ; forty of the men were armed with breech-lokding
Snider-Enfield Rifles, the remainder merely being armed with
batons. They proceeded in a column of fours along St. James
street to Bleury street and along that to the Protestant Cemetery.

GATHERING OF VOLUNTEERS.

The V^olunteers above mentioned, to the number of about
1,100 in all, mustered on the Champ de Mars and presented a
very handsome sight in their neat and clean uniforms.

The Mayor appeared on the Champ de Mars for a few
moments about half an hour before the troops set out. Colonel
Lovelace accompanied Colonel Fletcher. The troops proceeded
along Craig street to St. Lawrence Main street, marching at the
shoulder for some little distance, after which they were allowed
to march at ease. Taking advantage of this, the 6th Hochelagas
struck up several songs, such as the " Mulligan Guards,"
" Marching Along," &c. On both sides of St. Lawrence Main
street as far as Sherbrooke, the windows were thronged with
people, while numbers accompanied the force. St. Jean Baptiste

!i:

no HISTORY OF THE OUIBQRD CASE.

village was characterized by the absence of on-lookers, very few
of the villagers appearing on the scenes. The column turned
towards the cemetery at Mount Royal Avenue.

' AT THE CATHOLIC CEMETERY.

About half-past eight Mr. Reid and Mr. Boisseau, Superin-
tendent of the Institut, accompanied by a couple of the former's
men, came up to the Protestant Cemetery with their tools and a
quantity of Portland cement, and at about nine o'clock entered
the Catholic Cemetery from the back and commenced operations
at the grave. The ground was found to be frozen about six
inches down, while there was a thin layer of snow above. How-
ever, by half-past nine, the two diggers, who handled their tools
vigorously, had got down about two feet, making the excavation
directly over Madame Guibord's coffin. The hole to contain the
coffin measured eight feet in length and three feet in breadth, and
descended about four feet. The coffin of the late Mad. Guibord
was reached without difficulty, and an opening made on each
side and at the ends, in order to admit of a thick layer of the
Portland cement being introduced. At a quarter-past nine a.m.,
a squad of police, eighteen in number, arrived under Sergeant
DeKonninck, and were marshalled round the burial lot, forming
a hollow square, from the inside of which all civilians except
Messrs. Boisseau, I^eid, and reporters were excluded. The scene
was quiet, only a few members of the Institut and two or three
boys being present beside those officially engaged. Some twenty
or thirty young French .Canadian roughs gathered at or near the
vault, and as a reporter's carriage drove up at about 9: 1 5 , they stood
compactly in the way till the driver was about to stop or shout
out to them, when they slowly opened, and, peering into it
intently, let it pass. When Messrs. Boisseau and Reid first
arrived, Mr. Choquette, the secretary of the Fabrique, and Mr.
Deroche, the sexton, came over and took official cognizance of
the grave-digging, after which they departed. An old Irishman
tottering along on his stick was met making his way to the grave.
On being asked why he did so, he replied, " Oh ! I jist want on'
pape, and thin I'll go back; the Bishop won't object to that."
At 10 o'clock the grave was finished, and was ready lor the
coffin.

THE PINAL BURIAL.

tit

on'

at."

the

A lead plate with the following inscription was dug up by the
grave-diggers from Madame Guibord's coffin.

HENRIETTE BROWN,

veuve de

JOSEPH GUIBORD,

d6c^d^

le 24 de Mars, 1873,

a I'age de 65 ans.

The cross, which was standing all right on Sunday, was
on Tuesday morning found lying in the snow, torn apart. It bore
marks of the knives of lelic-hunters, and was well whittled up.
At 10.10 a number of members of the Institut, wearing their
badges of mourning, came up, and became attentive spectators of
the solemn scene.

At lo o'clock not over twenty spectators were to be seen, but
were collecting from both ways. The weather was pleasant for
the time of year, and everyone appeared sanguine that the burial
would be successfully accomplished.

THE PROTESTANT CEMETERY.

As soon as the Mayor was aware that the military were
thoroughly organized, he ordered Chief Penton and his police to
march direct for the Protestant Cemetery, which they did. His
Worship preceded them, and on arriving at the gates was delay-
ed somewhat by the absence of Mayor Edwards of Outremont,
on the joint requisition of whom and the Mayor of Cote des
Neiges, he had authorized the turning out of the city police beyond
the limits. However, in a- few minutes Mayor Edwards arrived,
stating he had been delayed in order to consult legal authorities
as to the line of action he would be justified in pursuing. The
Mayor, who had given the subject careful study, made some ex-
planations, and it was at once decided to proceed with the burial.
The police formed in a hollow square around the cemetery vaults,
and Mr. Spriggings produced the keys, unlocked the massive
iron doors, and as they swung open he and his men entered,
followed by friends of the deceased. After a little delay the coffin
containing Guibord's remains was produced, when

Mr. Boisseau asked if those were the remains of the late
Joseph Guibord, kept by him for six years, delivered up to him

112

HISTORY OP THE GUIBORD CASK.

again on the 2nd September, and returned to him for safekeeping
on the same day. ,

Mr. Spriggings said tliey were the same.
Mr. Boisseaii thanked Mr. Spriggings for the care he had
taken of the remains, and also the directors of the Cemetery for
their kindness in keeping them for so long a time-
Thereupon Ch 'f Penton gave the command, "Shoulder
arms ;" the police did so, and the funeral procession started,
which, at that time, only consisted of a couple of carriages. It
proceeded at a slow walk down Mount Royal Avenue into Cote
St. Catherine road, and so around the mountain, the police being

THE SOLE GUARDIANS,

as the military were far behind, never going into the
cemetery at all. The procession drew all the residents
along the road out of their houses, and men and women
followed it on to Cote des Neiges. From here in to the
Catholic Cemetery the road was crowded with people of all
classes in cabs, carts, and on foot, while the stream of vehicles
which had been going west to meet it now doubled about, making
a sort of lane for a small funeral to pass through. Great quiet
pravailed and no one showed by look, word or deed, any feeling
of hostility towards the procession.

ALL QJJIKT.

About quarter to 1 1 a.m., some one hundred and fifty people
gathered together in the Roman Catholic Cemetery, and went to
the grave. A few were evidently rough characters, but they were
very quiet. At the same time a knot of young men gathered at
the Cemetery gates, but they manifested no disorderly disposition.

At 10.45 His Worship the Mayor and Judge Coursol arrived,
mounted on two splendid chargers, which they gracefully rode .
Without halting at the gates, they at once entered into the Ceme-
tery, and up to the grave. About eleven o'clock, a man some-
what excited walked briskly through the Catholic Cemetery gates,
exclaiming, "About 400 Irishmen from Griffintown are coming
up." This news was considered a good joke, and afforded con-
siderable amusement to the crowd, which appeared to be afflicted
with cold feet through standing still so long. During the inter*

ition.
ived,
ode.
eme-
iome-
;ates,
itning
con-
icted
inter-

THE ROMAN CATHOLIC CEMETERY GATES— (See page 64.)

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THE FINAL BURIAL.

val between the departure of the proceMion from the Protestant
Cemetery and its arrival at the Catholic Cemetery gates, Mr.
Reid was busy preparing the cement to place about the coffin.
He had brought up a cart load of the cement and other material,
beside a portable wooden trough in which it was mixed. The
cart containing it came in through the Catholic Cemetery gates.
The Mayor and Judge Coursol, after inspecting the grave and
finding everything progressing satisfactorily, returned along the
Cote des Neiges road to meet the funeral proccMion.

I .

1 1.
t

CLOSING OP THE GATES.

At 1 1 :30 a crowd of young people closed and barred the
gates, but they were evidently only in jest, as when the police
arrived, a minute after, they were opened. Deroche, the keeper
of the Cemetery, then came down and took off the gates alto-
gether, quite an excited crowd being gathered round as he did so.

About five minutes after the Catholic Cemetery gates had
been taken down, the funeral procession entered between the
gate-posts, Chief Penton, mounted on his white hiorse, Col. La-
branche, sergeants and detectives at the head and flank of the
column of police, a portion of which preceded, and the balance
followed, the hearse. Not the least sign of disturbance was ex-
pressed as it passed through. The military did not follow close-
ly after the police, and were halted at the village of Cote des
Neiges. The crowd began gathering from every direction, and
ran with all speed up the various avenues toward the grave. The
police, when they arrived, formed a large square around the
grave, and kept the eager crowd back, while the coffin was
brought out of the hearse, looking somewhat dilapidated, and,
borne by four men, was placed in the centre of the bed of cement.
As this was being done,

Rev. Cur^ Rousselot came up, and, going alongside Mr.
Boisseau, asked to what depth the grkve was dug.

Mr. Boisseau replied that it had been dug four feet in depth,
by the authority of the cemetery at the first interment of Madame
Guibord.

Cur^ Rousselot next asked if the body bad been properly
identified.

Mr. Boisseau replied that it had, and there wa« no mistake.

HISTORY OF THE OUIBORD CASE.

The process of filling the grave then began, and the Cur^
went away.

As the crowd of spectators were standing around the grave
gazing on the workmen shovelling cement mixed with scraps of
tin and sheet iron, Mr. Homier, a reporter of the National^ asked
Rev. Cur^ Rousselot, just as he was turning away from the grave
side, in what quality was he there ? The Rev. Cur6 replied, very
hotly, " I appear here in the quality of a civil officer," saying
which he abruptly turned, and paued through the crowd, tak-
ing ofT his hat to the salute of the police as he did so, entered his
carriage and departed.

PROCEEDINOS OP THE MILITARY.'

The Mayor, who represented the civil arm of the law, both
for the city and the two municipalities, while Judge Coursol ap-
peared on behalf of the military, was desirous of conducting the
funeral with the least possible parade or ostentation, and so when
he had, in company with Judge Coursol, ridden on ahead of the
procession, and found all quiet in the cemetery and at the grave,
rode back, and orders were given to halt the military in Cote
des Neiges, while the procession proceeded. As the column
proceeded along Mount Royal Avenue to the St. Catherine road,
it was noticed that the hands began to dip into the haversacks,
while occasionally something stronger than water was brought to
view. When near Roy's hotel, a drunken driver of a swill cart,
coming in an opposite direction, demanded " half the road," to
the amusement of many in the ranks. The force turned to the
right at Roy's hotel, and marched into Cote des Neiges. As pre-
viously referred to, when the head of the column reached Pender-
gasf s hotel, His Honor Judge Coursol and the Mayor met it, and
ordered a halt. It was then made known that a quiet entry had
been made into the cemetery, and that the services of the volun-
teers were fortunately not required. At the rear of the Prince of
Wales Rifles was Alderman Stephens, who trudged along on foot.

FILLING UP THE GRAVE.

The moment the coffin was lowered into the grave, the work
of mixing the cement with water was commenced in the trough
which stood alongside, and the workmen industriously plied their

THE PINAL BURIAL.

J work

|rough

t their

spades, shovelling in the liquid cement, mingled with odds and
ends from a tin-shop, and scraps of sheet-iron, which, when the
cement hardens, weld the mass firmly together, and prevent brit-
tleness. The comments of the spectators were various as this
work went on. Some thought it an additional desecration of the
Cemetery, and hinted that it was one more reason why the "cursed
Guibord " would have to come out of that ; others regretted ex-
ceedingly that the sarcophagus had not been brought up, as, if
not used as a casket, it might have been laid on top of the ce-
ment; others seemed to take the whole affair as a huge joke,
though to many, who, with compressed lips and knitted brows,
viewed the scene from afar, it was the very reverse. As the fill-
ing in process continued, the police grew a little less strict in
holding the crowd back, and a very motley assembly speedily
environed the grave, getting in the way of the workmen, and
compelling Mr. Reid to order them away. Members of the In-
stitut picked up little pieces of the scrap iron as mementoes of
the unnatural way in which they had been compelled to carry out
the interment. Others sneeringly alluded to Guibord and his
mortar, and one made such pointed allusions to the workmen,
that one of them intimated quite plainly he would give him a
" Qrack over the head " if he didn't mind. The fellow minded
accordingly. Mr. Camyre, a French-Canadian printer, related
to Guibord, stepped torward during the ceremony, and said if
there was nobody to say a word for deceased he would like to do
so. Guibord had taught him his trade, and he would like to
make the sign of the cross for him, which he did and retired.
The speaker's remarks were not received with approbation from
a number of the roughs, who hooted at Mr. Camyre ; beyond
this there was nothing publicly said on the side of the Institut
Canadien. The animus of the crowd collected was so unmistak-
able, and their threats to dig Guibord's bones out of the grave if
an occasion offered were so openly expressed, that Mr. Boisseau
determined to secure, if possible, a guard of police from the
Mayor, to watch the grave for at least twenty-four hours, thus giv-
ing time for the cement to haYden into

SOLID ROCK.

The Mayor and Judge Coursol had departed on seeing the

it6

HISTORY OP THE OUIHORD CASE.

burial quietly commenced, and Mr. Boisseau despatched a spe-
cial messenger with a note asking the Mayor to provide protec-
tion, without which, he feared, the grave would be opened.

The Mayor promptly consented to this, and wrote out an or-
der for a sufficient body of police to be sent out as a guard till
such time as not required. The messenger met Chief Penton en
route from the cemetery, and he stated that as soon as his men
had dinner he would send up a guard. It may be mentioned
that Mr. Choquette, of the Seminary, also suggested to his Wor-
ship the advisability of providing police protection for a time.
The cement was filled in over the coffin to near the surface, when
the top dressing of earth was piled on, and

GUIBORD WAS BURIED AT LAST.

The drizzling cold November rain beat down on the snowy,
muddy ground, and on the spectators who witnessed the closing
act in a drama which commenced six years ago. When all was
over, Chief Penton rode up in front of the grave on his white
charger, the police were formed into two divisions, and marched
off in fours. A crowd of about twenty-five or thirty degraded
looking loafers then gathered around the grave, and one ot them
in mockery put a dead thistle stalk at the foot of it, which was
snatched up by a bystander, at whom they began ♦^o jeer. They
attempted nothing further for some time, and looked rather un-
comfortable, as the rain, which was then falling, had the effect of
damping their ardor. As the last cab, containing Mr. Boisseau,
moved off^ they summoned up sufficient resolution to emit a good
square hiss and a few jeers.

THE MILITARY,

after waiting a short time a little way from the gate of the Catho-
lic Cemetery till the burial was completed, advanced down the
road, halting at the Cote des Neiges toll-gate to put the drags on
the gun-carriages, when they continued their march down the
hill along to Dorchester street ; thence to Beaver Hall, and on
along St. James street to the Champ de Mars, where they were
again halted. After a few minutes, ordeijs to disband were given,
and each battalion marched <to their armory i the Prince of Wales
Rifles and Garrison Artillery headed by their respective bands.

THE FINAL BUKIAI,.

The former passed up along St. James street on their way to the
rink, which at present serves as their armory. The latter part of
the march, as the first part of it, was enlivened with songs. The
only mcident was the falling of one of the horses attached to a
gun of Col. Stevenson's battery. The mud made the marching
very disagreeable for the military, who were covered with it up
to their knees, or " eyes," as a private had it. At the time of the
halt by the gate of the cemetery rain began to fall, and it contin-
ued to do so till the end of the march.

It was first proposed to march the soldier^ home by the Monk-
lands road in order to avoid passing Cote des Neiges Cemetery,
but Uol. Bond and other of the gallant officers protested so strong-
ly against this "back alley" march that the troops were eventu-
ally permitted to take the '« shortest cut" home.

THOSE PRESENT.

Messrs. Boisseau, Dempsey, and other prominent members of
the Institut were present; also Madame Rose, sister of the
deceased, H. Judah, Esq., Kenneth Campbell, Esq., and several
French-Canadian advocates. Mr. Joseph Doutre was not present,
owing to an important case he was engaged in (McBean vs.
Carlyle), which six weeks previous had been fixed for that day,
and in which his adversary was proceeding, having over a
dozen witnesses to examine, and of his firm he
was the only one who knew anything of it. Also the Mayor
requested him not to attend the funeral, stating as a reason that
his presence might give rise to trouble, and as he had made every
possible concession to avoid trouble he would have complied
with that request even if he had not been engaged during the day,
as his presence was not necessary at the funeral. Upon Mr.
B.isseau devolved the representation of the Institut, and he cer-
tainly discharged his duties with great fidelity.

TOOK A HOLIDAY.

It is stated that the students of the French Medical School
and others did not attend their lectures, as usual, apparently
taking for themselves a holiday, very appropriate no doubt when
such an event in Canadian history as the burial of a Guibord was
taking place.

ii8

HISTORY OF THE GUIBORD CASE.

After the police and members of the Institute had left the
grave of Guibord on Tuesday, several rough characters remained to
discuss the new situation which had been imposed upon them.
One present says they discussed the probabilities of attempting
to open the grave, but decided to let the work alone till dark, and
before night set in. Sergeant Burke came on duty with his police.

WHAT MGR. BOURGET's ORGAN SAYS.

Under the heading, " Marlborough s'en va-t-en-Guerre," Mgr.
Bourget's organ — whose last expressed wishes previous to the
Guibord burial were to the effect that no one in authority would
stir a foot to see it carried out conformably to the Qiieen's decree
— thus expressed itself after the successful issue of the funeral : —

" The clerks employed in offices, officers on a holiday from
their office, and cadets at fifty dollars a diploma who form what
it has been agreed to style Her Majesty's loyal Volunteers in this
country, paraded solemnly in our streets this morning. They are
called to represent, with the exception of the wigs, the majesty
of a judgment of the Privy Council, legalizing the violation of the
rights of the Church in this country. As, however, the thing was
for this army of heroes to begin their warlike careers by an exploit
in the wrong direction from those by which a soldier ordinarily
gives proof of his quality, it seems one has blundered in regard
to the kind of arms with which they should be provided. In
place of making them trail carbines and cannons, why have they
not rather been given pick-axes, shovels and wheel-barrows?
Were not these the most fitting arms in the circumstances? One
can understand soldiers making it an honor to bury a dead man
fallen on the field of battle, but to go under the conduct of the son
of a beadle (Mr. Doutre) to bury a simple ' Pekin,' for the pleasure
of passing him like contraband into the Catholic Cemetery is an
oflSce beneath an undertaker's man. It is said that certain volun-
teers are very full of enthusiasm at this opportunity of showing
themselves in costume. Each has his aspirations, however. The
Ontario volunteers, when they went on their pacifying expedition
to Manitoba, had for an object, their chroniclciS asserted, to go
and hang the Metis; but our volunteers are less malignant, they
content themselves with burying the dead ♦ * * ♦ ©f
natural death."

THE PINAL BURIAL.
A WALL TO BB PUT ROUND THE GRAVR.

IIQ

A visit to the Catholic Cemetery Wednesday morning resulted
in finding the grave untouched, the snow which had fallen over it
during the night lying without a mark; a piece offence rail,
inclined at an angle of 45 degrees to the horizon, was sticking in
the mound over the grave, forming the only monument. A per-
son m the cemetery stated that the Fabrique intend putting a
stone wall i6 inches thick about the grave, thus marking it off
from the cemetery. A man was seen after the funeral near the
burial lot carrying a gun ; and two mrti who were returning from
the cemetery were arrested at Outremont by Constable Walton,
on a charge of being drunk and disorderly. Mayor Edwards
fined them five dollars each ; previous to the arrest they were
openly displaying a revolver while in their cart. Several shots
were fired by parties returning over the mountain from the funeral.

man

»>

XIV.

PASTORAL AFTER THE BURIAL.

MGR, BOURGET'S LAST WORDS ON THE AFFAIR — THE PIOUS
DRUNKEN CROWD — THE GRAVE CURSED — THE I^EAD MAN's
MEMORY INSULTED— CHARACTERISTIC RECOMMENDATIONS.

The following pastoral letter, dated the day of the funeral, was
read in the various Roman Catholic churches of the city the
Sunday after : —

" Hail to Mary, conceived without sin, the honor of our people."
" Let us greatly rejoice in this day that the Lord has made."

" Pastoral Letter of Mgr. the Bishop oj" Montreal concerning
the interment of Joseph Guibord.

" Ignace Bourget, by the grace of God and of the Holy Apostoli-
cal See, Bishop of Montreal, &c., &c.
" To the secular and regular clergy, the religious communities
and all the faithful of our diocese, salvation and blessing in
our Lord. .
" It is for us, our vei-y dear brethren, a duty to inform you how
the difficulty of the interment of the said Joseph Guibord, which
has so greatly occupied people's minds and caused fear of serious
troubles, has ended. It is not, you will observe, to make known
the fact to you, since it is already known to every one, but to
enable you to appreciate the results of it, and to allow you to see
where is the triumph that was expected from it.

" In our letter of eighth September last, a day of grace since
it is consecrated to the happy birth of the gloriousmother of God,
we declared to you that the cemetery would not find itself polluted
and interdicted by the sepulture of this unfortunate brother. We
exhorted you in consequence to do no act of resistance to prevent
entrance to those who had undertaken to perform it at all risks in
this holy place.

PASTORAL AFTER THE BURIAL.

121

Since

God,

jUuted

revent

isks in

" Wc again lifted up the voice on the third of October follow-
ing, on the solemnity of the holy rosary, in order to prove to you
that the said Joseph Guibord had justly deserved deprivation of
the honors of ecclesiastical burial, for the reasons set forth in our
letter, issued the date of that day. We explained in these two
letters how we intended to make the eccle ^iastical law respected,
while allowing the body of this man to be deposited in a part of
the cemetery.

" We have now, our very dear brethren, to signalize to you
the facts that have been accomplished, in order that you may
more and more comprehend how Divine Providence has regu-
lated everything, so that we might attain the object we had
proposed, to wit, that the law of the Church might have its course,
while preserving the public peace and preventing the effusion of
blood. For that is all the triumph we were ambitious of, and we
need not here prove to you that this was the most beautiful. We
desired to spare the blood of good fathers of families, so that they
might not leave, by their death, either widows or orphans, and
we triumph in having been able, through your docility, to obtain
this success.

" Let us remark, first, that, at our request, many prayers were
•made in communities and families, to secure that this unhappy
affair, which has made so much noise even in far distant places
as well as in this city and the whole of our Canada, might be
terminated without any coming to blows, at the risk of exciting
the most hateful passions and kindling the flames of discord
between good citizens, who have hitherto lived in peace like good
brethren.

" Everything having passed in perfect calm, we have to thank
the Divine Goodness, for having listened to our vows. We have
at the same time to thank the devout souls who both in the
religious communities and in Christian families have responded
to our appeal in sending to heaven their sighs and lamentations
in order to touch the heart of the Father of mercies and turn
aside by this means the evils that might thunder upon our
heads.

" We ought now to recall to your recollection certain facts
which preceded the sad event that has happened to-day, namely,
the translation of the body of the said Joseph Guibord from the

p"-r^?

122

HISTORY OF THE GUIBORD CASE.

I
1

'^m

Protestant Cemetery, where it reposed since his death, into the
Catholic Cemetery of Cote des Neiges.

" TAe first fact worthy of our attention is that it was respect
for the cemetery and the fear lest it were profaned by the burial
of a man dead in the disgrace of the Church, which revolted a
large number o? Catholics and led them to oppose the entrance of
his body into the -holy place. It was zeal that produced this
spontaneous movement, but it was not according to knowledge.
However, it passed in calmness, and the public peace was not
troubled. When one considers attentively what took place at
that time, one cannot but admire the guidance of God who
disposed all things so that each one might convince himself that
one wounded to the quick the religious feeling of the people, and
that He was not disposed to suffer that one should act in violation
of the respect which He has for the dead.

" The second fact revealed in this attempt at the burial of
Guibord is the docility of this people to the voice of their pastors.
For although extremely excited and revolted in view of the out-
rage one wanted to commit upon the holy place, they quieted
down after they had been made to understand that the thing
would not be so. This is the reason why they continued to-day
in perfect calmness despite the public demonstrations which were
made, and which were of a nature to provoke and irritate them.
Blessed, therefore, are those who showed themselves pacific on
this day, so calculated to-«xcite passions, for they shall see God
wl.en he comes upon the earth to recompense his elect. Beati
pactfici, quoniam filii Dei vocabuntur.

" The third fact which characterizes this, in many respects,
unfortunate day, is the accomplishment of the threat which was
made. Por we had truly declared^ in virtue of the divine
power which we exercise, in the name of the pastors^ that the
place where this rebellious chtld of the Church has been laid
is now in fact separated from the reit of the consecrated cem-
etery, to be no more anything but a profane place.

" This is a fact accomplished with so much solemnity, and amid
circumstances so deplorable, that it will remain deeply graven in
the memory of the numerous strangers who shall visit the Ceme-
tery, as well as that of citizens who shall daily go thither to pour
forth their prayers. Each in casting sadly his regards on that

PASTORAL AFTER THE BURIAL.

'23

cem-

amid

Iven in

ICeme-

|o pour

in that

tomb which is not covered with the blessings of heaven because
it is separated from the holy ground that the Church has blessed,
will give way to emotions more or less painful. ' Here lies,' he
will exclaim, in the recesses of his soul, ' the body of the too fam-
' ous Joseph Guibord, who died in rebellion against the common
' Father of the Church, under the anathema of the Church ; who

* could not pass the gates of this sacred place but that he was es-
' corted by armed men, as if for battle against the enemies of the
' country ; who, but for the good disposition of his fellow-citizens,
' would have caused blood to flow ; who was conducted to this
' sepulchre, not under the protection of the Cross, but under that
' of the bayonets of the military ; who has been laid in this grave
' in two feet of earth, not to the impressive {pnctueux) chant of
' the prayers which the Church is accustomed to make for her
' children, but amid the curses {maledictions) contained in the
' breasts of the attendants ; for whom the priest obliged to be pre-
' sent could perform no religious ceremony ; could utter no prayer
' for the repose of his soul ; could not. say a single requiescat in
' -pace; could not, in short, sprinkle a single drop of holy water,
' whose vii'tue it is to m oderate and quench the flames of the terrible
' fire that purifies souls in the other world.'

" There will issue day and night from this tomb which con-
tains the remains of an errant man who would persevere till
death in his revolt against the Church, a lugubrious and lament-
ing voice which will cry loud enough :

" ' O all you who pass through this field of death, pause for
' a moment before this tomb, and seriously reflect upon my un-
' happy fate. May my example teach you that no one can with
' impunity despise God and His Church ! Alas, the more eclat
' that has been raised over my dry and withered bones, the more

* a mark of infamy and dishonor has been attached to my name.
' Why was I not hidden in an obscure place, and in a ground of
' oblivion .'' I would be to-day as if I had never been born. My
' memory would not be a curse from age to age, as it ought to be,
' and my name would not be in every mouth to be accursed from
' generation to generation. Alas, one pretended to give me a
' triumph, and one has only succeeded in perpetuating my shame
' and my dishonor.'

" However it may be, our viery dear brethren, it was for us a

■ ■'•' ffl

124

HISTORY OF THE GUIBORD CASE.

painful but rigorous duty to let you hear our pastoral voice on
this melancholy occasion. For it is necessary for us to witness
on behalf of the indefeasible rights of the Church, and to protest
against irregularities which have deeply hurt a clergy who have
constantly shown themselves loyal to the Government and de-
voted to the country, and outraged faithful subjects to whom reli-
gion makes it an imperious duty to obey those who govern the
State in administering justice.

" We have to declare to you, as solemnly as possible, that not-
withstanding all that has been done to the contrary, the Cemetery
remains holy ground, and continues to be worthy of all respect.
As it is the Church which has blessed and sanctified it, it is also
for her to prevent its being profaned. This is wh^t she has done,
while inviting her children to offer no resistance to the entrance
of the funeral cortege into the holy place, which was made to-day,
in order that it should not be profaned by the effusion of blood,
and, at the same time, execrating the spot which was taken pos-
session of, spite of her, to bury one of her children, who, in his
life, dishonored her by his revolt and his injurious scorn.

" Nevertheless, these facts which we signalize to your serious
attention have not, our very dear brethren, been accomplished
without causing grave injuries to our holy father the Pope, whose
venerable decree one has despised ; to your pastors, whom one
has trodden under the feet of authority ; to the Cemetery, which
one has seized by force of arms like a fortress of war ; to the
brethren, whose religious feeling one has unjustly wounded, and
whose blood one would have cruelly shed without a visible pro-
tection of Divine Providence.

" In this view, the following are the recommendations we believe
it our duty to make to each of you, in order that the honor due to
the Cemetery may be required as much as possible by the
Catholic population : —

" Therefore, be one and all of you, our very dear brethren,
more and more penetrated with religious respect for your Ceme-
tery, and enter it not except with fear and trembling. Make it
not a place for walking or pleasure, but go there as a pilgrimage
as oflen as you can. In traversing it consider it as the parish and
city of the dead.

" There, pay attention, sleep the sleep of death all the men

PASTORAL AFTEiJ THE BURIAL.

t«S

men

and women {ceux et celles) who have for more than two hundred
years inhabited our city. Pause over these thousands and
hundreds of thousands of tombs which hardly contain any-
thing but ileshless bones and inanimate ashes. Hear the eloquent
voices that make themselves heard from the depths of these
sombre dwellings. ' To-day it is our turn,' they tell you with the
most startling tone ; ' to-morrow it will be yours. Live every
day as if every day you had to die, and wait not for the moment
of death to prepare yourselves to die well. Let your life be
passed in a faithful performance of all the commandments of the
Lord. Oh take care that your Mother, the Holy Church, be not
forced on account of your criminal negligence to refuse you
entrance into this consecrated ground, there to receive the honors
of ecclesiastical burial.'

" It will be by such pious practices, our very dear brethren,
that you can honor your Cemetery with a particular worship. To
encourage you in this the Church makes in the holy place touch-
ing prayers, plants crosses, erects monuments which help to
remind us of our latter end, to forearm us against the sins and
scandals which prevail in the world. It is with this object that
we propose to construct in the Cemetery each time that we are
requested, the Stations of the Cross {Chemin de la Croix).
This is the practice at Rome, and it is also that which we desire
to see established in all the cemeteries of this diocese, above all
since we perceive that one would desire to make them a common
and profane place.

" For you doubt not, our very dear brethren, that this sacred
voice of the Cross attracts to the cemeteries during the pleasant
season, a crowd of good Christians, who pray, weep, ^ ^an and
think on their latter end, that they may sin no more.

" Oh, our very dear brethren, what lively emotions and tender
sentiments one experiences in making the Stations of the Cross in
a cemetery, in thinking that the blood of the Saviour flowed in
torrents into the ardent braziers of purgatory, to wash the souls
that are there purified by fire ! What inexhaustible treasures of
grace and blessing one procures for the pious souls in purgatory
in gaining the indulgences attached to this pious exercise ! What
souls one sends to heaven in making the stations that lead to
Calvary ! How one returns home content when one has attended
with piety to this admirable exercise !

1 26

HISTORY OF THE OtTIBORD CASE.

" The path of the crois is therefore an excellent means of
attaching a parish to its cemetery. Now what would it not do
for love of this sacred place which recalls so many and so pre-
cious memories. It cares for and adorns it as much as possible,
in order always to find in it something that will augment its piety.
This is what may still be observed at Rome, where the custom is
to keep lighted lamps on each tomb. We were struck in vi ^ing
the St. Laurent Cemetery outside the limits. For not knowing
what place this was, we took it for one of the finest quarters of
the holy city, so brilliant was it with the light of thousands of
lamps that burned in it. Oh, it was a ravishing and startling
spectacle for us this magnificent cemetery ! The opportunity of
experiencing our emotions at this happy moment presents itself
too naturally for you not to profit by it.

" We cannot terminate this letter without ardent prayers, that
after the example of the holy city you may have zeal for your
cemeteries in order that they may be a visible and striking proof
of your devotion to the dead. May this salutary devotion perpet-
uate itself in our happy country to the last generation. For with
it are perpetuated in their entirety, faith, piety, patriarchal man-
ners and religion.

" Please observe, our very dear brethren, that it is under the
protection of the immaculate Virgin we write these presents, and
that it was on the festival of her blessed birth, and on the solemn-
ity of the rosary, which is for the Church an imperishable source
of graces, that we brought to your attention the serious question
which has so greatly occupied us. The reason is quite plain. It
is because, to get over all the difficulties that assailed us, we felt
the pressing need of casting ourselves at the feet of the Blessed
Virgin who by her Immaculate Conception has bruised the
venomous head of the old serpent. It will be for the same reason
that this letter, which ought, it seems to us, to put an end to this
grave difficulty, will be read at the festival of the Presentation of
this august Child.

" O holy Mary, bring your powerful succor to your unfortu-
nate children. Help those who are timorous and inconstant.
Invigorate those who are feeble and languishing. Pray for the
people who place all thei. irust in you. Intervene in favor of the
clergy who labor to make you known, loved and served. Inter*

PASTORAL AFTER THE BURIAL.

117

cede for all the religious communities and for all the religious
women who are consecrated to you. May all those who honor
and pray to you feel the wonderful effect* of your powerful aid.

" The present pastoral letter will be publithed after mass in all
the churches where public worship is held, and in the Chapter of
all the religioui communities, the first Sunday after its receipt.

"Given at Montreal, the i6th day of November, 1875, under
our hand and seal and the countersign of our Secretary.

" Ig., Ev. de Montreal.
"Jos. Oct. Pari, Chanoine, Sec."

'■ :'■ ""'' 'h..-.

BIOGRAPHIES

XV.

JOSEPH DOUTRE, Q.C.

!:• (

:rl

The history of Joseph Doutre's life is that of the struggles of
his countrymen ^ r civil and religious liberty, and is, therefore,
of more than pergonal interest. His ancestors were from the old
Province of Roussillon, in the Department of Pyrenees-
Orientales. His grandfather came from the immediate
neighborhood of Perpignan, and had hardly arrived in
Canada when the country passed under the dominion of
England. Mr. Doutre was born at Beauharnois, in the Province
of Quebec, in 1825 ; was educated at the Montreal College (of
the Seminary of St. Sulpice), and studied law under the late W.
Dumas and the Hon. A. W. Morin, and also under Judge Drum-
mond. In 1844, at the age of eighteen, his first work, a romance
of five hundred pages, entitled Les Fiancis de 181 2 (The
Betrothed of 1812), was published. He was an early adherent
of the Institut Canadien, and ever since the warm friend of that
institution, which obtained its charter under his presidency. As
soon as the Avenir newspaper had taken a fair start in 1848, Mr.
Doutre became one of contributors. About that time a
comedy published in that paper, under the title of Tuque Bleue,
excited the passion of the late Sir George E. Cartier to such an
extent that the latter went to the Avenir office to demand the
name of the author, and, on being refused, said that all the
writers were cowards. Mr. Doutre, on hearing of this, challenged
Mr. Cartier to a form of settlement then more in vogue than now,
and a meeting took place near the Chambly road, where pistol
shots were exchanged to no effect either in the way of damage or
reconciliation, and the feud assumed the character of a Corsican
war, during which the friends of both parties had more or less to

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JOSEPH DOUTRB, Q. C.

129

bear the brunt of fire. Both gentlemen were learned in the law
and made use of their legal weapons. Mr. Cartier being at the
head of the Government for nearly twenty years, had many odds
on his side* but the other was endowed with an inexhaustible
patience and coolness, and, after half a life time of waiting, he
finds himself unscathed on the side of victory. Mr. Doutre has
been a liberal contributor to the newspaper press, and most of
the journals of the province have at times published contributions
from him, although recently he has devoted himself more exclu-
sively to his profession. In 1848 he published Le Frire et la
.S^sar, which was afterwards re-published in Paris. In 185 1 he
was the author of the laureate essay, paid for by the late Hon.
Mr. De Boucherville, on " The Best Means of Spending Time
in the Interests of the Family and the Country." In 1852 was
published "Z^ Sauvage du Canada" To these should be added
a series of biographical essays on the most prominent political
men of that date, which appeared in the Avenir. As one of the
secretaries of the association, formed in 1849, for the colonization
of the Townships, he was instrumental in starting the first settle-
ments of Roxton and the vicinity, which work, it is said, Mr.
Cartier did much to impede, but could not destroy. In 1853
Mr. Doutre took the direction of the great struggle for, the aboli-
tion of the feudal tenure, and by means of meetings held through-
out the country, and diligence and care in the preparation of
practical measures, the agitation came to a crisis at the general
election of 1854, when the Parliament, filled with moderate
abolitionists, passed a law which did away with this mediaeval
system of land tenure, without spoliation, and to the mutual
satisfaction both of the seigniors and tenants. The law, as passed,
failed to realize hopes of the more advanced abolitionists, but
Mr. Doutre, being convinced that it contained enough to generate
the desired consequences, contended as vigorously with his
friends to secure its adoption, as he had done to obtain the law.
Five years after the measure was completed, as it now stands,
leaving nothing to be desired. Another campaign of equal
importance began immediately after 'for making the Legislative
Council elective instead of being nomina by the Crown, and a
law was passed to this effect in 1856, at wnich time Mr. Doutre
was requested to stand as candidate for the division of Salaberry,

«30

HISTORY OF THE GUIBORD CASE.

I ;

in the place of the late lamented Hon. Jacob DeWitt, who had
been frightened from the field by the liberal election expenditures
of Mr. Louis Renaud, who then controlled the grain and flour
market of Lower Canada. These expenditures were also
successful in defeating Mr. Doutre. In 1858 there commenced,
in a decided manner, on the part of the Roman Catholic Bishop
of Montreal, the long looming work of destruction against every-
thing which gave manifestation of life in the minds of educated
Catholics. As the result of the exertions of those at the head of
the Institut Canadien there were signs of a vigorous Liberal
revival throughout the length and breadth of Lov/er Canada.

The Romish clergy foresaw that in proportion as the people
became intelligent and powerful their own absolute sway over
their minds and consciences would be diminished and destroyed.
Hence they began a war of extinction against this growing intel-
lectual life, and so far succeeded that in the course of a few years
the whole national literary li,fe fell into the abyss, leaving the
Institut Canadien of Montreal to maintain the conflict alone.
The rage of the hierarchy was then concentrated upon this cursed
monument of a hated past and dreaded future. A combination
of multifarious elements was arrayed to storm this last rampart
of free reading and thinking. Mr. Doutre stood foremost in the
hand-to-hand battle which followed, and for many years he has
sustained the cause of mental freedom in the courts and in the
press with extraordinary energy, persistency and ability.

In 1 86 1, Mr. Doutre, under party pressure, accepted the
candidature for Laprairie, vhich resulted in another defeat.
This election, however, had the good effect of drawing attention
to the evil system of two days polling, as it was evident that his
first day's majority had been upset by large sums of money being
brought into play upon the second day. This is the last time we
find the subject of this sketch in the arena of politics. He has
since devoted himself almost entirely to his pr'^fession. In 1863,
under the Macdonald-Dorion Administration, he became Queen's
Counsel. In 1866 he delivered a lecture before the Institut
Canadien on " The Charters of Canada," a remarkably concise
and complete synopsis of the political constitutions of the country
under the French Government, and indicating by its title the
intention of going further.

JOSEPH DOUTRE, Q. C.

'3'

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In the same year he was entrusted with the defence of
Lamirande, the French banking defaulter, whose extradition was
sought for before ourCourts. AfVerthekidnappingoftheman,when
he was about to be released, he followed up the demand for his
restoration to the jurisdiction of our Courts, through the Foreign
Office in London, to a point when the British and French Gov-
ernments were very seriously out of harmony, when Lamirande
solved the difficulty by surrendering all claims to further
negotiations.

In 1869 the refusal of the Reman Catholic authorities to bury
Guibord, because he was a member of the Institut Canadien,
brought Mr. Doutre prominently forward before the country and
^)efore the world as the champion of religious and intellectual
freedom. His conduct in connection with this case will give him
a place in history alongside of the great Papineau as the two
most illustrious French-Canadians of the present century. If
political success depended on real merit and useful work, Mr.
Doutre has had claims second to none to the good wishes of his
countrymen. If, on the contrary, the acknowledgment of public
services depended upon the sic volo^ sic jubeo of a bishop, Mr.
Doutre has showed himself ready at a moment's notice to put in
jeopardy the earnest efforts of a useful life, by paying his respects
to the remains of an honest man, who had committed no other
wrong than to do what he felt to be right in refusing to resign his
membership in a literary society. By subsiding and leaving a
poor and desolate widow to wander with the remains of her
husband, without telling her whether she should throw them
ignominiously in the Potter's Field or apply for hospitality to the
cemetery of a presumably hostile creed, and at the same time
killing a society which had engaged twenty years of his life, Mr.
Doutre could have secured the applause ofthe front of the file of the
hierarchy, but not of true and patriotic men. His choice in this
matter entailed political ostracism, and imposed upon him the
most arduous task of following the case in question from court to
court through all the degrees of jurisdiction in Canada, in order
to obtain the burial of Guibord, of continuing the same in
England, before the Privy Council, not only without fee, but at
almost daily expense.

In 1874 Mr. Doutre was the leading counsel for the Witness

r,— ''^i

»32

HISTORY OP THE GUIBORD CASE.

in the Mousseau libel case, a position in which he won the
esteem of all who carefully followed the case.

In September of the present year (1875), the Dominion
Government appointed Mr. Doutre as counsel to advocate its
interests before the Fisheries Commission appointed by the
English, American and Canadian Governments, under the
Washington Treaty, to meet at Halifax to settle the question of
the Atlantic Coast Fisheries. This appointment was made in
consideration of Mr. Doutre's intimate acquaintance with the old
French law, and of his great learning and ability.

It is, perhaps, impossible for those who enjoy a long inher-
itance of political and religious liberty, and to whom the anxieties
and the triumphs of the struggle are only felt as the echoes of a
distant past, to sympathize in the fullest degree with m-,n who,
during their own lives, are fighting out this battle anew, not only
for themselves, but for their countrymen of the present and the
future ; but as we honor the names of those to whose faithfulness
our present liberties are due, so will Canadians of another day
look back with esteem to those who are now sacrificing them-
selves to break the shackles of their bondage.

XVI.

THE LATE JOSEPH GUIBORD.

Joseph Guibord, over whose burial Ultramontanistn and the
civil authority have come into conflict in this country, was a
French-Canadian Roman Catholic of distinguished piety and
fidelity to the doctrines of his Church, and of excellent moral
character. He was a printer, and for thirty-six years was in the
employ of the late Louis Perrault, and, later, of Louis Perrault &
Sons. It is an interesting fact, in the light of recent events, that
Guibord was for many years on intimate terms of friendship with
Bishop Bourget and several high ecclesiastics. Mr. Perrault did
all the printing for the Bishop's Palace, and for twenty years
Guibord personally superintended the composition and printing
of the Bishop's pastoral letters and other work belonging to the
foreign missions of the Church. He became thus personally
acquainted with a large number of the clergy, by whom he was
greatly admired for his patience and carefulness, his honor and
uprightness in all his dealings. A high ecclesiastical dignitary
of this city lately said, in conversation with a well-known
French-Canadian gentleman up6n the present difficulty, that
he regretted exceedingly that the censure of the Church should
have fallen upon Guibord, for that having known him for upwards
of twenty years, he was the last man who deserved such a mis-
fortune. The same clerical authority stated that as far as honesty,
public and private virtue, and integrity in the broadest sense of
the term, were concerned, Guibord was without reproach.
Guibord was a man of more than ordinary ability. When the
catechism and hymns for the use of the Indians of the North-
West were published, I'Abb^ Garin, amongst others in charge of
the mission, consulted Guibord as to the best mode of putting the
Indian language into type, and of forming the matrices. Although
the Indian language was entirely unknown to him, Guibord
undertook the difficult task of putting these works into print, and

134

HISTORY OF THE GUIBORD CASE.

accomplished it so well that for ten years he furnished the Roman
Catholic mission in the North-West with the catechism and
hymns for the use of the Indians. In recognition of these services
I'Abb^ Garin and his coadjutors were accustomed to bring Guibord
some of the finest mink and otter skins that could be obtained in
the North- West. When visiting Montreal Guibord was one of
the first whom I'Abbd Garin, Bishop of Anemour and others
called upon, and the effusions of sentiment that passed between
them gave no promise that the pious and simple-hearted printer
would in future become the object of the anathema of his Church.
Guibord was foreman of Mr. Perrault's printing establishment,
and was greatly beloved by his employers and fellow-workmen
for his kindness and many other good qualities. C. O. Perrault,
Esq., Vice-Consul of France, from whom we obtain several of
these particulars, says Guibord's punctuality was proverbial among
those who knew him. The lawyers in St. Vincent street, where
he then worked, were acct.stomed to say in reference to this habit
of his : " It is not one o'clock yet, for Guibord has not passed."
Mr. Perrault considered him as one of the first printers in the
Dominion. He had great mechanical ingenuity, and was, in
fact, a scientific printer. He was the first who introduced
stereotyping into this country, and the first book stereotyped in
Canada was done under his supervision. Mr. John Lovell states
that he was personally acquainted with Guibord since 1825, and
during all that time he never knew him to have erred through
strong drink or bad company, or have been guilty of a dishonorable
act. At the time of his death he was the oldest printer in Canada
except Mr. Lovell. Guibord was sixty-two years of age when he
died.

Guibord was not one of the founders of the Institut Canadien,
but became a member thereof two or three years after its estab-
lishment. When the Institut fell under the displeasure of the
Bishop for refusing to throw out of its library certain books' that
were placed in the Index at Rome, Guibord was one of about
two hundred members who persisted in maintaining their connec-
tion therewith, and who appealed to Rome against^the arbitrary
course of the Bishop. Guibord died suddenly on the i8th of
November, 1869, but three or four weeks previous, when seriously
ill, he sent for a priest, who came and heard his confession. The

JOSEPH GUIBORD.

^35

priest, acting under direct instructions from the Bishop, refused
to administer to him extreme unction unless he would withdraw
from the Institut, which Guibord declined to do. He rallied from
that sickness, but his death, when it subsequently occurred, was
so sudden that he had no time to send for a priest. A few days
before his death Guibord met one of his fellow members of the
institut in the street, and asked him what was the news about their
appeal to Rome. The answer was that no news had yet arrived,
but the Institut hoped that justice would be done them. " I hope
so too, said Guibord, "for I feel that I am going fast, and unless
this matter is settled before I die there will be a row Uapa^e)
about my grave. I am a poor man, and they will, no doubt, bury
me along with those that have been hanged if they can." " Have
no fears about that," returned his fellow member; "your friends
will see that you are no worse treated than a rich man." The
case of Guibord is another illustration of the curious fact that the
greatest sufferers from the intolerant bigotry of the Roman
Lathohc clergy, have been men of superior excellence belonging
to their own Church. ^

XVII.

BISHOP BOURGET.

Ignace Bourget, the Roman Catholic Bishop of Montreal,
was born on the 30th of October, 1799? and has consequently
nearly completed his 76th year. He is a native of the parish of
Pointe Levis, and was the eleventh of a family of thirteen
children. He was educated at the Seminary of Quebec and at
the College of Nicolet, and appears to have been early remarked
for his piety and an unyielding disposition in whatever he con-
sidered a religious duty. In 182 1 he came to Montreal as Secre-
tary to Bishop Lartigue, and labored with extraordinary zeal in
assisting the Bishop to build the first episcopal palace, situated
where St. James Chur«h now stands, on St. Denis street.^ In
1837 he was consecrated Bishop of Telmesse, and coadjutor of
Bishop Lartigue, and, upon the death of the latter in 1840, Bishop
Bourget took possession of the episcopal see of Montreal. He
lost no time in availing himself of his high position to bring the
whole order of ecclesiastical affairs as closely towards the then
existing Romish model as it was possible to do. He introduced
a canonical chapter, and secured the establishment in this city of
the order of the Jesuits. He has also founded fifteen or twenty
other religious communities, besides a large number of charitable
and educational institutions. In all these latter works he exhib-
ited extreme jealousy of lay influence, and sought as much as
possible to make them tributary to the influence of the eccle-
siastical order. He has made five visits to Rome, and on his
return from one of them, in 1856, he introduced into his diocese
the rites and practices of the Roman liturgy, which, from its being
different from what the people were accustomed to, caused con-
siderable murmuring amongst them. In 1857 the cathedral and
episcopal palace on St, Denis street were burned down, and the
people of St. James Ward were desirous that he should construct
his new cathedral and palace on the plateau near the corner of

BISHOP BOURGBt.

»37

St. Denis and Sherbrooke streets, where the necessary land was
offered him, as being nearer to the centre of the Catholic popula-
tion. His Lordship, however, had another locality in view, and
thought he would carry the war into Africa by choosing the site
for his new cathedral in the midst of the Protestant population
of this city, to the general regret of the people in the East End.
Besides the questions of the new liturgy and the site for the new
cathedral, as showing that in a conflict between the wishes of the
people and the will of His Lordship, the latter must pre-
vail, Bishop Bourget has had other serious differences with his
people. His ten years conflict with I'lnstitut Canadien is fully
related in the previous pages of this book. His difficulty with the
Seminary of St. Sulpice became at one time so serious that it was
no easy matter for him to get admission to the Church of Notre
Dame. This arose from his attempt to dismember the parish
of Montreal. The Seminary, which, [from time immemorial,
has held the rights and title of the cure of the parish,
opposed the proposed division, and the matter was referred
to Rome. The result was a decree from Rome authorizing
the canonical erection of new parishes on condition that
the curis should be designated by the Seminary and
named by the Bishop. The latter then proceeded to erect
canonical parishes, but when the curis of the new parishes applied
for registers, the judicial authorities refused them on the ground
that the law not recognizing canonical parishes, only the curd of
the civil parish could keep registers. The Seminary again
appealed to Rome against the action of ithe Bishop, and the
matter has for some time been left in abeyance. Bishop Bourget
has made several attempts to found a Jesuit University in Mont-
real, but without success, the influence at Rome of the friends of
the Laval University at Quebec having proved too strong for
him, to the extent even that the Bishop did not conceal his
opinion that he had been unjustly treated by the Roman Curia.
On his last visit to Rome some years ago he procured a collection
of bones said to be the relics of St. Zeno, who is stated to have
suffered martyrdom at the hands of a Roman emperor, and sent
them home to Montreal as objects of worship, and in hope that
they might work " some miracle." They were carried through
the streets in procession from one church to another, but there

f ^«

138

HISTORY OF THE GUIBORD CASE.

was a noticeable lack of enthusiasm among Catholics on the
occasion, as if many of them felt ashamed ot the business, and
the interest in the relics was mainly confined to the softer sex.
Whether it is because they have not performed any miracle, or
are eclipsed by the superior virtues of Lourdes water, we cannot
say, but St. Zeno's bones seem to have fallen into oblivion. In
1872 the Bishop's golden wedding, or fiftieth year of his
priesthood, was celebrated with great pomp, and occasion
was taken by Father Braun to preach that noted sermon
in which the pretensions of Ultramontanism were pushed
to their extreme, and the hierarchy exalted to the level of divinity.
These Ultramontane doctrines, it will be recollected, had been
by the joint efforts of the Bishops of Three Rivers and Montreal
embodied in a political declaration called the " Programme
Catholique," for the purpose of being used as a test for all candi-
dates aspiring to represent Lower Canadian constituencies in
Parliament, Dominion or Local, Catholics being told that any who
refused to subscribe to it were unworthy of their votes and
enemies to the Church. None opposed this precious tissue of
assumptions when first it was broached more emphatically than
the Conservative party and its organs, but since their character
has been injured, and their position rendered more or
less precarious in consequence of the Land-Swap and
similar scandals, they have assumed the airs of piety, and to
all appearance there are now no more devoted adherents of
the Programme and its abettors than they. On the occasion of
the golden wedding it was also resolved to proceed with the
erection of the Cathedral as a crowning monument of the Bishop's
reign, and the building has since been progressing in proportion
as means come in to help it, the Province being dragged at inter-
vals by ecclesiastical nets in the shape of lotteries, bazaars, aiid
requests for gifts to supply the needful. Of his recent raid upon the
freedom of the press and public discussion and defiance of the^civil
power in the Guibord case, sufficient has already been said. • He
seems very pious and very self-willed, and a true Jesuit in the im-
movable persistence with which he carries out his policy,^and which
the Pope himself could scarcely oppose with success. In this
way he seems completely to dominate his own people, whose
national feelings he largely shares and still more largely uses.

Ill

lAl

BISHOP BOUROBT.

»39

There is little doubt that many dislike him, but, except a very
few, they are careful to keep their opinions to themselves and
make an outward submission. Even the Irish or English speak-
mg Catholics have been forced to submit to what the majority of
them at first thought injustice at the Bishop's hands in the
deprivation of St. Patrick's Church of parochial rights, although
there still exists an ill-concealed undercurrent of sullen dissatis-
faction among them at what they consider the undue preference
shown by the Bishop towards the French-Canadians, and which
is not lessened by the humiliating way in which the English-
speaking Catholics are at times treated in connection with public
processions. This has led to jealous if not hostile feelings on
the part of the two sections towards each other, all attempts on
the part of their newspaper and other organs to mollify this
mutual animosity by fond appeals to common sentiment appear-
mg hitherto to be vain. It is said the Bishop does not like
English-speaking people, as they are an obstruction to the reali-
zation of his ambitious projects of nuking Lower Canada
an Ultramontane model. None have been so ready as
Monseigneur Bourget to receive and adhere in the fullest
sense to all the new dogmas of his Church. He is so devoted to
the Immaculate Conception that he cannot indite a pastoral with-
out one or more invocations to the Virgin Mary, while as regards
the Infallibility Decree and the Syllabus, it has been said that he
pushes their doctrines further than the Pope himself

i
.1'

XVIII.
THE EEV. CURE ROUSSELOT,

The Rev. Victor Rousselot, Cur6 of the Parish of Notre Dame
of Montreal, was born in France on the 17th of January, 1823, at
Cholet, in the department of Maine-et-Loire. He was the son of
Jean Rousselot and Marie Allion. The Rousselot family is
wealthy, and one of the brothers of Victor is engaged in the
banking business at Marseilles, and is reputed very rich. The
subject of this sketch was ordained a priest in Paris on the 10th
of December, 1846; was Vicar at Cholet in 1853; joined the
Seminary of St. Sulpice in Paris a short time after ; and came
to Canada on the 29th of May, 1854. After serving eleven years
as a priest he was, on the death of Rev. Mr. Provost, created
Cur6 of the Parish of Notre Dame on the 7th of April, j866.
The Rev. Mr. Rousselot has been the possessor of quite an
extensive privat** fortune, the most, if not all, of which is employ-
ed in works of piety and charity. He is the founder of the
Orphan Asylum in Bonaventure street, which was built entirely
by his own means. He is likewise the founder of the Nazareth
Asylum for the Blind in St. Catherine street, an institution of
great usefulness and very well appointed. This institution was
built partly by his own means, and partly by private
donations, but it owes its existence entirely to the energetic
Cur^ of Notre Dame. Mr. Rousselot has visited Rome
once since coming to Canada. This was in 1872, and was
on business relating to the difficulties between the Seminary and
the Bishop, concerning the division of the parish. Father Rous-
selot is slightly under the medium height, but compactly built,
and evinces great industry and energy, as well as good adminis-
trative ability. His manners are very pleasant and even cordial ;
he is personally popular among the clergy and esteemed by the
people. He owes his notoriety chiefly to his connection with the
Guibord case. As President of the Fabrique. or churchwardens,
he exerts a controlling influence over that body ; and having been
ordered by his Bishop to refuse ecclesiastical sepulture to

TH£ kBV. CURE RdUSSELOT.

I4«

fns,
to

Guibord's remains, he has obeyed with a firmness indicative
probably of the strict nature of the injunctions laid upon him by
Mgr. Bourget. In private conversation he has often expressed
his regret at the occurrence of the Guibord difficulty, answering
enquiries with a smile and the words, " You know I am only
obeying orders from my superior," and his correspondence with
Mr. Doutre published recently leads to the conclusion that the
necessity of this implicit obedience was a more convincing reason
to his mind than anything else that could be urged in support of
this refusal of sepulture. Rev, Mr. Rousselot has withstood the
Bishop in other matters involving the interests of the Sulpician
order to which he belongs, notably in the case of the registers
and division of parishes, and has been more than once castigated
by His Lordship's inquisitorial organ. The gentlemen of the
Seminary used to have a reputation for being moderate and con-
stitutional, but as the Ultramontane party have become dominant
in the Church in these days, it is supposed that they have no
choice but to harden their faces, if not their hearts, and promote
any arbitrary policy that may be cut out for them by their
*' superiors." From an exterior point of view such a position
appears to be ignoble, especially when they have to submit to be
lampooned by proteges of the Bishop and represented as demons
plotting against him under hatches, while he is praying above with
celestial ecstasy in the midst of a choir of angels — as the " Comedie
Infernale " depicts them, and then to bear the expense of law-
suits forced upon them from the same quarter.

When men are false to their reason they soon lose their
dignity, for is it not reason alone that distinguishes man from the
inferior animals, and has not the Church of Rome forbidden its
free exercise in regard to <he weightiest matters with which he
can concern himself ? Was this noble faculty given merely to
weigh sugar and tea withal, and its exercise forbidden in the
higher realms of religious enquiry ? In this view those outside
the Church of Rome who enjoy freedom of conscience often feel
pity for the gifted men within the pale of that Church who
abandon, to all appearances by a compulsion they are unable to
resist, the convictions of a lifetime to accept new dogmas, as has
been the case with so many eminent divines formerly opposed to
the Infallibility Dogma, who gave in to it after it was decreed.

XIX.
MAYOR KINGSTON.

William Hales Hingston, Esq., M.D., L.R.C.S., E.. D.C.L., &c.,
Mayor of Montreal during the last and most exciting portion of
the Guibord burial controversy, is a son of the late Lieutenant-
Colonel Hingston, of H. M. looth Regiment, which was after-
wards amalgamated with the 99th, and subsequently disbanded.
After its disbandraent, he settled on the Chateauguay River, near
Huntingdon. He here organized the militia force in that county,
of which he was given the command. He died at an early age,
leaving a widow and six children, of whom the subject of this
sketch was the youngest ; being then only eighteen months old.
The widow, with rigid economy, managed to educate her children,
and William, who with the rest of the children was brought up a
Catholic by his mother, was sent to a grammar school in the
neighborhood, of which Rev. Mr. Williams, a Church of England
minister, and subsequently Mr. (now Sir) John Rose were
teachers. At this school and the Montreal College, to which he
was sent at the age of thirteen, he obtained high honors, at the
latter institution at the end of the first year obtaining a prize in
every branch, carrying off three first and two second prizes.

He next spent two years studying pharmacy with Mr. R. W.
Rexford, when he entered upon the study of medicine at McGill
CoUfege. Immediately on his graduating he went to Edinburgh
to obtain the surgeon's diploma from the celebrated university
there, and visited England, Ireland, and most countries of Europe,
spending the greater part of his time in the hospitals, and bring-
ing back with him diplomas from Scotland, France, Prussia,
Austria and Bavaria. In 1853 he began practising in Montreal,
and now ranks amongst the first in his profession, and is much
thought of as a surgeon abroad. Soon after beginning his practice
here he was appointed surgeon to the English-speaking depart-
ment of the Hotel Dieu Hospital. He was one of the organizers
of the McGill University Society, and on the organization of

MAYOR KINGSTON.

Bishop's College Medical School was named Professor of Surgery
and afterwards Dean of the Faculty. Both of these positions he
resigned, as it appears his duties in connection with them were
incompatible with his position at the Hotel Dieu Hospital He
received the decree of D.C.L. from Bishop's College at Lennox-
ville in 1 87 1. He was the first Secretary for the Province of
Quebec of the Dominion Medical Association, and last year was
elected Governor of the College of Physicians and Surgeons of
Lower Canada. He was twice elected President and three times
Vice-President of the Medico-Chirurgical Society of Montreal.
Last year he was elected to the civic chair of Montreal, princi-
pally with the view of, by his advice and knowledge, improving
tne sanitary condition and character of the city. He was recently
married to Miss Margaret McDonald, second daughter of the
Lieutenant-Governor of Ontario.

XX.

HON. CHARLES J. E. MONDELET.

Charles Joseph Elzear Mondelet, a Judge of the Court of
Queen's Bench, is the son of Jean Marie Mondelet, notary, and
was born at St. Charles, River Chambly, 27th December, 1801.
He was educated at the Roman Catholic Colleges at Nicolet and
Montreal, finishing his education at the latter in 1819. He was
then immediately employed as an assistant to the Astronomical
Commission, appointed to define the position of the boundary
line between the United States and Canada, under the treaty of
Ghent. He studied law first under Mr. O 'Sullivan, who after-
wards was appointed Chief Justice of the Court of King's Bench,
and completed his legal education under his brother, Dominique
Mondelet, who was appointed Judge of the Superior Court. He
was admitted to the bar in 1822, and after practismg before the
bar for twenty years was appointed District Judge for Terrebonne,
L'Assomption and Berthier. In 1844 ^^ ^^s appointed Judge
of the Circuit Court at Montreal ; in 1849, Judge of the Superior
Court; in 1855, Judge of the Seignorial Court, and in 1858,
Assistant Judge in appeals in the Court of Queen's Bench.

From his admission to the bar till his appointment to the
Bench he took an active part in politics, and was twice arrested
for political offences, but never put on trial. He published
his Letters sur r Education in 1840, the suggestions contained in
which are said to have been embodied in the school law passed in
the first session after the Union in 1841.

Mr. Justice Mondelet bears a very high character for his
legal learning and judicial fairness, and, as will be seen by refer-
ence to the previous portions of this book, was the judge whose
decision in the Guibord case was endorsed by the Privy Council,

his

Ifer-

liose

icil.

HON, CHARLES J. E. MONDELET.—ISee page 144.)

XXI.

COEEESPONDENCE BETWEEN THE MA YOE
BISHOP BOUEGET AND HIS PEIESTS,

Much importance has been a^tt-rh^A f^ *u
between Mayor Kingston, .hTBit anV.he Pri^rrc: ""

November 6th he sent the fo 1 ^f "^^'^ °^ ^^e time, but on
otn ne sent the following letters to the Mayor •—

grace o! ^^t ITZtll^Z ""'" '"" "^ *=
Tv.^ „ • maintain the peace in our citv

attainment of tlie desired result Th, /^a'-tate the

Mayor may present th,s letter are rTT "*°'" '^^- ""=
Cure of Notre Dame; Dowd Cure „f sfp , ?"'• '*°''^=='°''
of St. Ann's; Tranchemomtg^e CuM of St"t ^ ^l"*';:' ^"''
Cure of St. Henri • M;.r^.l, VT- , ■'"'^P'' ^ 0™°".

Taillon, Curfof CoTe/u s, \ " r""'" ^™^ "' «"« ^
Brigi.t;;LavaireI,C„^ ft; V „": ' t D„"«^ "f' "' «'^-
laga; Sentenne, Cur^ of St. Jacquer °"S^' ^"^ «f Ho^he-

Rev'StFatlrtl"" ?= ^"■- ^^™'' ^-^"^ -^*e
Mayor .re to 1?.;--;^ ^ ^^ ^1*= Lt

146

CORRESPONDENCE.

the same announcement in their churches as the curis. It will
also be done at the Cathedral.

It may also be remarked that this invitation to peace might
be made by Mr. Maynard, who officiates at St. Jean Baptiste ;
Mr. Salmon, who officiates at St. Gabriel ; Mr. Seguin, who offici-
ates at Ste. Cunegonde ; Mr. Dubuc, who officiates at the Sacred
Heart of Jesus; and Mr. Beaubien, who officiates at St. Paul.

It is more than credible that all the Catholics of the city are
organized to prevent the body of Guibord from entering into the
cemetery.

If the Mayor cannot see all these gentlemen, he will please
inform the Bishop of the fact as soon as possible.

(Signed), f I^., Bishop of Montreal.

Nov. 6th, 1875.

iMoNTREAL, 6th Nov., 1875.

Mr. Cure, — His Worship the Mayor will have the kindness to
deliver this to you, and he will himself inform you of his anxiety
on account of the very serious difficulties that it is feared will be
caused by the burial of Joseph Guibord, which it is proposed to
effect within a few days. If, as I have recommended them to do.
Catholics will refrain from being present at the interment, all fear
of trouble will be dispelled, for any conflict will then be impos-
sible ; ar i it is, as you cannot doubt, the most simple means of
accomplishing the triumph of the good cause — by peace.

In order to bring about this happy result, please, after Mass,
urge anew upon all your braves, to remain quietly at home. This
letter is to be communicated to the cur^s of the city and suburbs.
Pray and demand prayers for the maintenance of peace, and
believe me,

Your very humble and devoted servant,

(Signed), f Ig., Bishop of Montreal.
To Messrs. the Cur^s of the City and the Suburbs.

In reply to the Bishop's letter thus presented the Mayor
received replies to the following effect : —

From Rev. J. M. Marecl^l, Notre Dame de Grace, Nov. 3rd : — •
In reply to your request, I can assure you that those interested

CORRESPONDENCE.

m the question of the burial of this poor Guibord have nothing
to fear from the population of my parish, especially from that of
Cote des Neiges. You may live in peace in this matter so far as
Notre Dame de Grace is concerned. There will not be even
three sightseers from it, I can assure you.

From Rev. Joseph Graton, St. Henri, 6th Nov. :

In reply I can assure you I will do all that depends on me to
prevent my parishioners from attending the funeral of Mr. Joseph
Guibord. I can give you the assurance that my advice will be
listened to by my good parishioners, and you may depend on my

From Rev. L. M. Taillon, Coteau St. Louis, 6th Nov. :

In reply to your request of this day I have the honor to inform
you that I will do all in my power to prevent my parishioners
trom attending the burial of the late Joseph Guibord, and I hope
that after my recommendation there will not a single one attend
It, either through curiosity or through any other motive.

From Rev. Mr. Rousselot, Cure of Notre Dame, Nov. 7th, 1875 :
According to the desire of Mgr. of Montreal, and that of your
Honor, we yesterday read at the issue of Mass in the Church of
Notre Dame the letter which His Lordship had sent me, request-
ing that no Catholic attend Guibord' s funeral, but that every one
stay at home. The brother who read this letter, M. Giband,
insisted on these recommendations in a manner that all our faith-
ful must have well understood. As for myself I can answer that
my sincerest prayer is that not even one of our parishioners may
be found at this sad burial. ^

Under the present circumstances, this complete absence would
be, to my mind, the best way fpr them to protest against the
profanation of our cemetery, and the violation of their rights and
the laws of the Church. In consequence, you may depend that I
will use my influence to dissuade my parishioners from going to
the Cote des Neiges Cemetery on the day and hour of th? said

148 CORRESPONDENCE.

From Rev. P. Dowd, St. Patrick's Church, Nov. 8th, 1875 :
In answer to your enquiries, I beg to say that I am con-
I I' vinced that St. Patrick's congregation are quite disposed to obey

I the earnest advice of their Bishop, and that though acutely

sensible to the attack made upon their religious liberties they will
abstain from taking any part in making opposition to the burial of
Guibord in the future, as they did in the past.

Please use your authority, however, to prevent any irritating
display which cannot be necessary, and might lead to bad conse-
quences.

From Rev. J. Hogan, St. Ann's Church, Nov. 6th, 1875 :

His Lordship the Bishop of Montreal, in a circular sent to
me on to-day, commands me to exhort my parishioners to abstain
from taking any notice of the Guibord funeral. To this order I
shall attend. I may here state that as far as I can judge, the
Catholics of St. Ann's Parish will take no steps in relation to
that funeral. I am satisfied that they will obey the pastors.
Let me, however, remark that it would not require much provo-
cation to arouse their passions ; and hence, I consider that un-
necessary parade would be both injudicious and dangerous.

From" Rev. J. A. Tartel, O.M.J., St. Peter's Church, Nov. 7th :

In answer to the desire which you expressed to me of being
informed as to the disposition of the people of our district, I am
happy to be able to tell you that our people are quite calm and
peaceable, and at this moment only desire one thing in regard to
the question which occupies us. This is that the interment take
place as soon as possible and that we may be at last relieved
from this trouble which harasses them.

From Rev. Th. Fleck, Sec, St. Mary's College, Nov. 9, 1875 :

It is my firm conviction that the Catholics of this city, unless
they should be provoked by any insulting demonstration, are sure
to obey the injunctions of their Bishop and to let severely alone
the remains of the unfortunate Guibord. They indeed most
keenly feel that if the burial does take place in consecrated ground,

CORRESPONDENCE .

149

their dearest and holiest rights will be most wantonly sacrificed.
If the outraged Catholics of Montreal had meant, so far, to use
violence against what they deem the worst kind of tyranny, they
might have easily taken the law into their own hands and by a
summary measure put an end to the contesi. But we may rest
assured that they will suffer persecution for conscience' sake rather
than grieve and disobey their spiritual guides.

From Rev. J. Lonergan, St. Bridget's, Montreal, Nov. 6, 1875 :

After taking communication of Bishop Bourget's letter to be
read to-morrow in my church, might I venture a few words on
the Guibord burial. I am parish priest of the largest city parish
after Notre Dame. My congregation is composed of Canadians
and Irishmen. The feeling here sometime ago was intense.
All they wanted was no letter from the Bishop. A first letter
came and the feeling subsided. His letter of to-day will, I
am sure, finish the work of peace, and authority will keep in
subjection the wounded feelings of a Catholic population. I feel
bound to say that some newspapers are rendering a bad service
to the cause by saying that the volunteers are to be called out,
and that the city police are drilling, so as to meet any emergency.'
This is only calculated to fire up again the slumbering cinders.
I have every reason to believe that if no unnecessary provocation
were offered, no trouble could be anticipated ; but if a demon-
stration such as a parade through the streets of Mcmtreal be
attempted, then let the responsibility devolve sur qui de droit.
If the Cote St. Catherine route be adopted, which is just as short,
and would equally meet the exigencies of the Privy Council's
decree, I am inclined to believe that all would go off quietly.

From Rev. J. B. Maynard, St. Jean Baptiste Village, Nov 6th
1875 :
I have received your letter on the subject of the Guibord
affair, and I make it a duty to tell you that our citizens will not
mterfere at all in this sad affair. They will not go to this inter-
nr^nt, I am convinced, for they have the good habit of listening
to their pastor, and their pastor will tell them not to go there
even out of curiosity.

?^»

ISO

CORRESPONDENCE.

As the Mayor contended that he had not the power to enter
adjoining municipalities where there are other Mayors and Cor-
porations, and as the Protestant Cemetery was in the municipality
of Outremont and the Catholic in that of Cote des Neiges, he
sought, through the agency of Montreal friends, the invitation of
the Mayors of those municipalities. They both asked his assist-
ance to preserve peace on the day of the burial, to which he
replit. consenting to use his best endeavors to that effect.

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