CO885-(2-3) — Page 30

Muscellanears

CONFIDENTIAL

Ao XLIII

Mr. Merivale,

1. THE course which you propose with regard to the "Victoria Church Act" will, if Parliament will consent to it, settle, for the present, the ques- tion of enabling the clergy and laity of the Church of England in Canada to meet in Synod, and make rules and regulations respecting the affairs of the Churchi.

2. Ought the Synod to have the power to proceed to the election of their own Bishops? Do the nuem- bers of the Church of England in Canada strongly desire to possess this power? Do they make the obtaining it the condition of their providing stipends for their Bishops ? Sir F. Head thinks that "it will· not be easy to obtain from the people of the Colony the contributions necessary to endow the new dioceses required, unless some such power of nomi- nation be conceded by the Crown." If so, the argument in favour of conceding it, founded upon the fact of the separation of the Church of England from the State in Canada by the secularization of the Clergy Reserves, appears to me irresistible. What ever objections on the score of interfering with the prerogative or with the supremacy of the Crown may be urged against such concession-objections the force of which I do not understand-they seem to me phantasms engendered by the memory of the past, without substance at prescut. For what danger or harm could result to the British Commonwealth from the Imperial Parliament passing an Act to empower a Canadian Synod to provide for the elec- tion of Canadian Bishops, giving to the Bishops so elected all the powers and jurisdiction possessed by ordinary Bishops; that is, an Act to put the Church of England in Canada on a similar footing to the Church of England in the United States? The Law Officers of the Crown assert that there are almost insuperable objections to introducing a Bill

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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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