PUBLIC RECORD OFFICE

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PUBLIC RECORD OFFICE, LONDON

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10. With regard to the question, raised in the Address, of the election of bishops, the opinion of the law advisers, already referred to, states very dis- tinctly the objections which exist to effecting this purpose by parliamentary enactment. Her Majesty's advisers do not the less recognise in the case of a community like that of Canada, the propriety of consulting the wishes of members of the Church of England on this head; and they believe that the practical purpose which it is sought to attain may be secured without the obvious inconveniences attendant on direct legislation for it, if they adopt the course of recommending Her Majesty to be guided, as a general rule, in filling up any vacancy which may occur, by such representation as she may receive from the clergy and laity of the diocese duly assembled. I cannot too distinctly disclaim on the part of Her Majesty's Government any intention or desire of placing the Church of England in a privi- leged or exclusive position in Canada; but they are most anxious to meet the wishes expressed by the Provincial Legislature as well as by the Church of England, and to free its members from all unneces- sary impediments to their own voluntary internal organisation, and thus to put them on an equal footing with other denominations of Christians.

11. I am aware that an answer is still to be expected from you to that portion of Sir William Molesworth's despatch which relates to the division of the diocese of Toronto; but on the whole I have thought it advisable not to delay my present com munication on that account.

12. You will make known the contents of this despatch to the several bishops of the United Church

of England and Ireland in Canada.

(Signed)

I have, &c.,

H. LABOUCHERE.

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CONFIDENTIAL.

CANADA.

Church Convocation.

No. 1.

Copy of a DESPATCH from Governor Sir EDMUND HEAD to the Right Hon.

(No. 91.) SIR,

H. LABOUCHERE.

Government House, Toronto, Canada West,

June 20, 1856. (Received July 7, 1856.)

I HAVE the honour to enclose certified copy of an Act passed, I believe, without a division by both Houses of the Canadian Legislature, in pur- suance of the views expressed in your despatch of February 15th, No. 39,* relating to the Church of England in this colony.

Indeed its

You will see, Sir, that the Bill consists of only two clauses. brevity is such as may hereafter lead to doubts on its proper construction.

It is for Her Majesty's advisers in England to say whether a short Imperial Act is necessary to give full effect to its provisions, especially if it carries with

it, or is supposed to confer on the Synods, the nomination of the bishops--a point not altogether clear.

Looking to the nature of the Act, and the manner in which it directly touches the rights of the Crown, I have thought it my duty to reserve it for the Queen's assent.

On the whole, however, as it has been introduced by the persons under- stood to be the friends of the Church of England, and has been adopted by the Legislative Council and Assembly, I recommend that it should receive the allowance of Her Most Gracious Majesty.

The Right Hon. II. Labouchere,

&c.

&c.

&c.

I have, &c.

(Signed)

EDMUND HEAD

Enclosure.

AN ACT to enable the Members of the United Church of England and Ireland in Canada to meet in Synod.

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WHEREAS doubts exist whether the members of the United Church of England and Ireland in this Province have the power of regulating the affairs of their Church in matters relating to discipline, and necessary to order and good government, and it is just that such doubts should be removed, in order that they may be permitted to exercise the same rights of self-government that are enjoyed by other religious communities: therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, Enacts as follows:

[257]

Parliamentary Paper, House of Commons, No. 131 of 1856.

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