CO885(2-3) — Page 31

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into the Imperial Legislature for this purpose. authority of the Law Officers on the question of what is law may be great, but I have no deference for their authority on questions of what ought to be Constitutional law.

The legal difficulty appears to be with regard to the consecration of the elected Bishops. It is assumed, I conceive, that other Bishops would be unwilling to consecrate the elected Bishops, unless compelled to do so by Act of Parliament; and to such compulsion the Law Officers seem to entertain strong objections. Is there any practical difficulty about the consecration of Bishops of the Church of England in the United States? If not, why should there be any greater practical difficulty in Canada? But could not the difficulty, whatever it amount to, be got over by requiring that the election of a Bishop should be confirmed by the Crown, and the Crown, having confirmed it, might then issue letters-patent, &c.?

The Law Officers

"the election of that say Bishops might be practically carried into effect with- out the authority of Parliament, by Her Majesty issuing letters-patent in favour of those reverend gentlemen exclusively who might be elected by the Syuod; but this would be only a practical and indi- rect but not a strictly legal method of accomplishing the object." Could not this method be made strictly legal by Act of Parliament? The Crown is empow- cred by Act of Parliament to confirm by means of Order in Council, Colonial Bills reserved for the Royal Assent; why should not the Crown be empowered by Act of Parliament to confirm, by letters-patent, Colonial Bishops chosen by a Synod in Canada ? Do you see any objection to proposing such a measure to Parliament, or what other course you recommend?

Sir F. Head's despatch 3,832, and the Bishop of Toronto's letter 1,131, have both been answered to the effect that their contents will receive the earnest and attentive consideration of Her Majesty's Government. We can say nothing more at present.

W. MOLESWORTH. August 31, 1855.

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