ORANGE LODGES, CANADA.
RETURN to an ADDRESS of the Honourable The House of
Commons,
dated 28 July 1836;-for,
A COPY of any DESPATCHES addressed to the Governors
of Upper and Lower Canada respecting ORANGE LODGES;
the Date of Arrival of those Orders there; and the
ANSWERS, if any, received from such Governors:- Also,
a Copy of the ADDRESS of the House of Assembly of Upper
Canada to the Governor respecting ORANGE LODGES, and
his ANSWER thereto.
Colonial Department, Downing-street,
9 August 1836. G. GREY.
CIRCULAR TO THE COLONIES RESPECTING ORANGE LODGES.
COPY of a Circular DESPATCH, addressed by Lord Glenelg to
the Governors of His Majesty's colonial Possessions, dated
Colonial-office 27th February 1836. (Forwarded to the
Governor of Lower Canada and Lieut. governor of Upper
Canada, by the Halifax Packet of the 3d of March 1836.)
I HAVE the honour to transmit herewith, for your
information, the copy of a Resolution agreed to by The
House of Commons on the 23d instant, on the subject of
Orange Lodges, and other similar societies; together
with a copy of the Answer which His Majesty was graciously
pleased to return to the Address presented in pursuance of
the above Resolution.
I have, &c.
(signed) Glenelg.
Mercurii, 24Þ die Februarii [24 February?], 1836.
Resolved, That an humble Address be presented to His
Majesty, praying that His Majesty will be graciously
pleased to take such measures as to His Majesty may seem
advisable, for the effectual discouragement of Orange Lodges,
generally of all political societies, excluding persons of a
different religious faith, using secret signs and symbols,
and acting by means of associated branches.
Jovis, 25Þ die Februarii, 1836.
Answer to Address 23 February reported as follows:
WILLIAM R.
I WILLINGLY assent to the prayer of my faithful Commons,
that I will be pleased to take such measures as may seem to
me advisable for the effectual discouragement of Orange
Lodges, and generally of all political societies, excluding
persons of a different religious faith, using secret signs
and symbols, and acting by means of associated branches.
It is my firm intention to discourage all such societies in
my dominions, and I rely with confidence on the fidelity of
my loyal subjects to support me in this determination.
W.R.
Note.- The date of the arrival of the above circular in the
provinces of Upper and Lower Canada is not known, but the
receipt of it was acknowledged by the Earl of Gosford upon
the 17th of May, and by Sir F. Head on the 27th May 1836.
No reply has been received from either province.
ADDRESS OF ASSEMBLY OF UPPER CANADA RESPECTING
ORANGE LODGES.
The Address of the House of Assembly of Upper Canada to the
Lieutenant-Governor, and his Reply thereto, relative to
Orange Lodges, have not been officially transmitted to the
Colonial Department; but the following Proceedings thereon
have been extracted from the Votes of the Assembly,
Session 1836.
4th April 1836.- Pursuant to the order of the day, the
address to his Excellency the Lieutenant-Governor for
information on the law relating to public processions was
read a third time and passed, and is as follows:
To his Excellency Sir Francis Bond Head, Knight Commander
of the Royal Hanoverian Guelphic Order, and of the Prussian
Military Order of Merit, Lieutenant-Governor of the Province
of Upper Canada, &c. &c. &c.
May it please your Excellency,
WE, His Majesty's dutiful and loyal subjects, the Commons
of Upper Canada, in Provincial Parliament assembled,
respectfully request that your Excellency will be pleased
to direct to be laid before this House without delay the
opinions of His Majesty's Attorney and Solicitor Generals how
far the laws in force in this Province are calculated, if
rigidly enforced, to put down public processions likely to
endanger the public peace, and whether in their opinion it
is necessary to pass a law to prohibit all processions
having such a tendency; and that your Excellency will be
pleased to inform the House whether the Government of this
Province have taken, or determined to take, any steps to
prevent or discourage public processions of Orange Societies,
or to discourage the formation or continuance of such
societies.
Commons House of Assembly,
4 March 1846. (signed) Marshall S. Bidwell,
Speaker.
On the motion of Mr. Parke, seconded by Mr. M'Intosh,
[McIntosh?], ordered, That Messrs Small and Wells be a
Committee to wait upon his Excellency the
Lieutenant-Governor, to know when he will be pleased to
receive the address of this House, and to present the same.
7 April 1836.- Mr Small, from the Committee to wait upon
his Excellency the Lieutenant-Governor with the address of
this House on the subject of Orange Procession, reported
delivering the same, and that his Excellency had been pleased
to make thereto the following answer:
Gentlemen,
I herewith transmit to you, according to the request of the
House of Assembly, the opinion of His Majesty's Attorney and
Solicitor General, on the subject of Orange Processions.
The government of this province has neither taken, nor
has it determined to take, any steps to prevent or discourage
the formation or continuance of such societies.
I have no hesitation, however, in saying, that I consider
all factious combinations as hostile to the real interests of
this country; but unless they proceed to acts of violence or
intimidation, I consider that a forced remedy might prove
worse than the disease itself.
OPINION of His Majesty's Attorney and Solicitor General, on
the subject of Orange Processions.
Toronto, 6 April 1836.
We are of opinion that all "processions likely to endanger
the public peace," and "all processions having such a
tendency," are illegal, and may be suppressed by civil
authority. Persons engaged in the processions of the
description mentioned, are liable to be prosecuted for a
misdemeanour. It may be sometimes difficult to determine
what processions are, in themselves, illegal, or have a
tendency to a breach of the peace, and it therefore must
rest with the Legislature to decide how far it is expedient
to pass a law to suppress public processions of every
description. All which is respectfully submitted.
Robert S. Jameson, Attorney-general.
Christopher A. Hagerman, Solicitor-gemeral.
