This arrangement, however, did not provide for appeals generated by the
decisions of the colonial courts. An application was made to allow the
colonial presbyteries representatives in the general assembly. This
measure would have embarrassed a national church, and thus (1834) the
general assembly repudiated an appellate jurisdiction.
In various forms Colonel Snodgrass, while acting lieutenant governor,
expressed an interest in the church of his native country. He called a
synod of ministers, elders, and delegates, by proclamation, to be held
at Hobart Town, to effect the settlement of the church, and thus to
prepare the way for its endowment. Many, favorable to the object,
doubted the legality of the meeting, and the power of any officer to
proclaim the assembling of a body not recognised by the legislative
council. The presbyterians, however, maintained that they were qualified
to act under convocation by the crown, independently of parliamentary or
local legislative sanction--that the meeting or synod only prepared the
preliminaries antecedent to the intervention of law. At the time
appointed the synod met: in the meantime Sir John Franklin was advised
that the proclamation of Snodgrass was irregular; he therefore sent his
private secretary, Captain Maconochie, to request the assembly to stay
proceedings, with an intimation of his friendly consideration of their
claims. They, however, considered that to disperse would compromise
their rights, and therefore chose a moderator. At this stage, a counter
proclamation, hastily prepared, was brought by a messenger from the
governor, and the convocation dissolved.
However conclusive this reasoning to Scotchmen, the Anglicans were
little disposed to admit its force. They asserted that the faith of the
sovereign was the imperial faith, and that it was within the competence
of the British legislature to set up an exclusive establishment of their
clergy. The usual argument against the universal equality of the Scots'
national church, was the fact that the laws of England, and not the laws
of Scotland, were binding in the colonies.[218] To this it was replied,
that treaties, on which the imperial legislative power was founded, were
the limits of its action; and that the ascendancy of English law in the
colonies of Australia depended on a parliamentary enactment passed by
the representatives of Scotland; subject, however, to the restrictions
of the treaties in virtue of which Scotchmen were contented to sit on
the benches of Saint Stephen.[219]
Archdeacon Hutchins denied that either treaty or law prohibited a
preferable claim, and remarked that "opening the door to two co-existing
establishments would shortly admit others, and thus prepare for the
destruction of all."
Public-domain text, read in full here on John Shaqi.
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