4128.
PUBLIC RECORD OFFICE
Reference :--
C.O. 885.
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
Mr Late DUKE,
No. 112.
(CEYLON.)
QUEEN'S. ADVOCATE to COLONIAL OFFICE..
Doctors' Commons, April 23, 1862. I AM honoured with your Grace's commands, signified in Sir Frederic Bogers' letter of the 16th April instant, stating that, he was directed to inform me that according to the suggestion made in my letter of the 22nd January, your Grace communicated to Dr. Claughton, Bishop of St. Helena, and Bishop designate of St. Colombo, the draft of Letters Patent prepared by me for the purpose of appointing him to that bishoprie. And that Bishop Claughton placed them in the hands of the Vicar General, Dr. Twiss, who had conferred with your Grace's department on the subject. And he was also pleased to state that Bishop Claughton objects to the clause which renders his appointment revocable at the pleasure of the Crown. And that your Grace is of opinion that this clause, which has been discontinued in more recent Letters Patent (as in that of St. Helena), should be omitted. And that as it exists in the Letters Patent erecting the see in a form which, if unrevoked, would be binding on Bishop Chapman "and his successors," it would seem necessary to that extent to revoke those Letters Patent. And that Bishop Claughton also observed that the title heretofore possessed by him was that of "Lord Bishop of St. Helena," and that the word Lord should be added to his title as Bishop of Colombo, and that to this also your Grace does not object.
Sir Frederic Rogers was also pleased to state that Dr. Twiss has communicated to your Grace's department the copy (which he annexed) of the form adopted in the appointment of Indian bishops, and which leads your Grace to doubt whether it is necessary to retain the very cumbrous forms of appointment which have become traditional in the Colonial Office. And he was also pleased to state that it would appear that the episcopal powers in each diocese are generally defined by the instru- ment erecting that diocese, and that this instrument, like a charter of incorporation or a charter of justice, not being revoked by a mere personal change of the bishop, and conveying powers to the bishop "and his successors" would, without repetition, take effect against or in favour of any bishop legally appointed. And that it would seem, therefore, that if this instrument were treated as a permanent source of authority (except so far as it may be from time to time revoked) from which, coupled with a concise form of appointment all subsequent bishops should draw their powers, much trouble and possibility of error might be avoided.
Sir Frederic Rogers was also pleased to state that Dr. Twiss also suggested that it might be convenient to authorise the Archbishop of Canterbury to administer the oath of obedience which the new bishop is required to take to the Bishop of Calcutta. And that in the draft Letters Patent for the bishopric of St. Helena (referred to in another letter from Sir Frederic Rogers of the 16th April instant) I appear to have inserted this provision, which appears expedient. And also that your Grace would be much obliged if I would take into consideration the propriety or possibility of these alterations, and (as the appointment of a new Bishop of Colombo has, from accidental circumstances, been long delayed) your Grace caused to be framed at once in your department, for my consideration, the alterations of the draft which appear calculated to give effect to your Grace's views. And that you would be glad to learn, at my early convenience, whether I saw any objection to them. And he was also pleased to annex, in case they should still be of use, the Letters Patent appointing Bishop Chapman to be Bishop of Colombo. In obedience to your Grace's commande I have taken these papers into my consideration, and have the honour to
•Report
That I am of opinion that in the particular case of Dr. Claughton's appointment as Bishop of Colombo the alterations introduced into the draft (herewith returned) are not open to any serious objection.
o 16278.-781. 95.-2/86.
• No. 102.