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Enclosure-in No. 10.

Copy of a LETTER from the Law OFFICERS of the CROWN to

Mr. MERIVALE.

Doctors' Commons, August 21, 1855. (Received August 22, 1835.)

SIR,

We were favoured with your letter of the 8th May last, in which you stated that you were directed by Lord John Russell to transmit to us copy of a despatch from the Governor of Canada, enclosing an Address to Her Majesty for the repeal of such English statutes as impede the meeting of the clergy and laity of the Church of England in synod, and that the choice of bishops may be left to the clergy and laity of each diocese, and you were to request that we would take the same into our consideration. and report to his Lordship whether we considered that the prayer of the Address, or any part of it, notwithstanding the supposed statutable obstacles referred to, could be legally granted by the Crown if Her Majesty should be advised so to do, or whether an Act of Parliament would be necessary for the the whole or any part of it, and if so what should be the general force and scope of such Act.

In compliance with your request, we have considered the question submitted to us, and beg to report-

That the Address prays for the introduction and passing of an Imperial statute for the repeal of all such statutes as impede the necting of the clergy and laity in Synod for the purpose of framing rules and

canons.

The propriety of introducing such a Bill into the Imperial Parliament is a question not of law but of policy. If such an Act should be passed, it is obvious that the Royal supremacy within the Colony would be thereby most seriously and directly affected; nor is it possible to foresee all the legal or ecclesiastical consequences which might ultimately result there-

from.

The Clergy might be legally empowered by Royal licence to meet in Synod to make rules and cañons; but in order to legalise the meeting of a general assembly of the representatives of the clergy and laity, and to empower such an assembly to legislate upon the affairs of the Church, an Imperial statute would be necessary.

That portion of the Address which prays that the Synod may proceed to the election of their own bishops, might be practically carried into effect, without the authority of Parliament, by Her Majesty issuing letters- patent in favour of those reverend gentlemen exclusively who might be elected by the Synod; but this would be only a practical and indirect, and not a strictly legal method of accomplishing the object of the Address.

In order effectually to legalise the election of Canadian bishops, an Imperial statute would be requisite; and considering that both the Archbishop of Canterbury and the officiating bishops exercise their epis- copal functions in every consecration of a Colonial bishop, not under authority derived from the Legislature, but directly and immediately by commission from the Crown, as a portion of the prerogative the objec- tions to introducing any Bill into the Imperial Legislature to compel the consecration by other bishops of those who may be elected by the proposed Canadian Synod without the Royal authority, appear to us to be almost insuperable.

We consider it our duty to remark that although the Address states that the Provincial Parliament has passed an Act by which it s declared that there shall be an entire separation between Church and State, yet that the Clergy Reserves Act, sent with the papers, only appears to do this, if at all, by way of recital, and in somewhat vague terms; and that in respect to the nomination and 'consecration of bishops and their various officers, and the power and jurisdiction conferred upon and exer- cised by them by patent, the connexion between Church and State cannot be legally said to be entirely separated in Canada.

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With reference to what should be the general force and scope of an Act of Parliament to carry into effect the prayer of the Address, we can only say that the force and scope of such an Act, in order to be effective, would necessarily extend far beyond those of any Imperial statute as yet passed. It must authorise the meeting of a general assembly, confer on it a permanent and corporate existence and constitution, and extensive ecclesiastical and legal power and jurisdiction, together with the meaus of enforcing its decisions and orders; such an act must further provide for the election of Canadian bishops by the Synod, their compulsory conse cration by other bishops, and their investiture thereupon, with all the powers and jurisdiction hitherto conferred by patent,

We have, &c. (Signed)

Herman Merivale, Esq.

&c.

J

&c. &c.

J. D. HARDING

A. E. COCKBURN. R. BETHELL.

PUBLIC RECORD OFFICE

C.O.

Reference -

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NOVA SCOTIA.

[See Parliamentary Paper annexed.]