CO885-(11-13) — Page 73

7811.

PUBLIC RECORD OFFICE

Reference :-

mwinumimic.O. 885

11 PUBLIC RECORD OFFICE. LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

No. 776.

(BARBADOS.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Temple, August 1, 1872. We are honoured with your Lordship's commands signified in Mr. Meade's letter of the 24th ultimo, stating that he was directed by your Lordship to transmit to us the copy of an Act, No. 2 of 1872, passed by the Legislature of Barbados to make provision for the appointment of a Bishop to exercise supervision over the clergy of the Anglican Church in that island.

2. That the diocese of Barbados was reconstituted by Letters Patent in 1842 under the powers yested in Her Majesty by the Imperial Act 5 Victoria, session 2,

cap. 4.

3. That the vacancy caused by the death of the late Bishop of Barbados in March 1870 had not been filled up, and it would be seen by a reference to your Lordship's Despatch of the 30th January 1871 to Governor Rawson (a copy of which would be found at page 53 of the Parliamentary paper thereto annexed), that Her Majesty would not be advised to act any longer on the statute of George 4. c. 88., and Victoria by creating ecclesiastical offices, or by appointing ecclesiastical officers in the West Indies, and that it rested with the clergy and laity of the Anglican communion in the Windward Islands with or without the assistance of the Legislatures to make their own arrangements for establishing or maintaining an effective episcopal organization.

4. That a similar intimation was made in the Despatch of the 6th of January 1871 from your Lordship to the Governor of Trinidad, which was recited in the preamble of the Act now under consideration, and which would be found at pages 52 and 53 of

the Parliamentary paper above referred to.

5. That with a view to carry out the decisions of Her Majesty's Government, the Act now under consideration had been passed by the Legislature of Barbados and assented to by the Governor.

6. That it had been submitted to the Archbishop of Canterbury for his considera- tion, and his Grace had replied that he had no remarks to offer upon it, and that as soon as the time had arrived for making an appointment he would take the matter in hand.

7. That it might be assumed therefore that the Archbishop saw no reason to object to the Act, but inasmuch as the provisions of sections 1 and 5 are, so far as your Lordship was aware, of a novel character, your Lordship requested us to favour your Lordship with our opinion whether such provisions are within the power of the Colonial Legislature to enact, and whether the Act was one which Her Majesty might properly be advised to leave in operation.

8. That it would be seen that, by the 4th section, the Bishop was empowered, after the passing of the Act, to appoint to vacancies in the rectories of Barbados. This provision conflicts with the 28th section of the Instructions to the Governor (a copy of which was annexed for our information), but it had, subsequently to the passing of those Instructions, been decided to withdraw that power from the Governors, and to vest it in the bishops of the dioceses. Accordingly, in more recent Instructions that clause had been omitted, and the Bishop of the Diocese had been empowered by a commission, the form of which was approved by Sir Travers Twiss, to collate and admit to vacant benefices and cures.

9. The Act, therefore, is consistent with the views of Her Majesty's Government, and it was proposed to get over the technical difficulty by repealing the 28th clause of the Instructions as and from the 1st day of June last, a date antecedent to the passing of the Act, and by passing those additional Instructions before sanctioning the Act.

And that your Lordship requested to be informed whether, assuming that the Act is one which is in other respects proper to receive Her Majesty's sanction, we were of opinion that that course would practically be sufficient to remove the technical diffi- culty, or what other course we would suggest.

o 1627-409.

25.--5,86.

2

In obedience to your Lordship's commands we have taken this matter into our consideration, and have the honour to