CO885-(2-3) — Page 99

CONFIDENTIAL.

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PUBLIC RECORD OFFICE

Reference -

LTC.O.885

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

PUBLIC RECORD OFFICE, LONDON

COPY of a DESPATCH from Mr. Secretary LABOU-

(No. 146.) SIR,

CHERE to Governor Sir E, HEAD.

September 16, 1856.

I HAVE to acknowledge your despatch No. 91

of the 20th June, transmitting a Bill which had passed the Council and Assembly, "to enable the Members of the United Church of England and "Ireland in Canada to meet in Synod," and which you rightly reserved for the signification of Her Majesty's pleasure thereon.

Her Majesty's Government have not failed to give

to this enactment the consideration which its impor- tance demanded. It appears that it passed unani- mously through both branches of the Canadian Legislature, and I have every reason to believe that it met with the very general concurrence of the bishops, clergy and laity, of the Church of England in Canada.

Under these circumstances, Her Majesty's Govern- ment would have had no doubt that it was their duty to advise Her Majesty to give her assent to this Bill. It would be altogether contrary to the principles on which the Government of Canada has been for some time conducted, if they were to inter- pose any obstacle to that course which the Legisla ture and people of the province deem to be expedient with regard to the regulation of ecclesiastical affairs. But upon reference to the Law Officers of the Crown, serious doubts have been expressed whether this Act does not go so far beyond the provisions of the Act passed by the Legislature of the Colony of Victoria to which I referred in my former despatch,* as to render it unlawful for Her Majesty to give her

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*No. 39, February 15, 1856.

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assent to it without the assistance of the Imperial Parliament. Under these circumstances, I can only at present say that the whole subject shall be maturely considered, with the object of adopting such a course upon it as, I trust, will be satisfactory to the Legislature and people of Canada, and bene- ficial to the members of the Church of England within the province.

I have, &c. (Signed)

Governor Sir E. Head, &c., &c., &c.

H. LABOUCHERE.

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