The Express.
London, England, 1866-11-06 00:00:00

SPAIN.

evenini

MADRID, Nov. 6.

The Epora of to-day contradicts the rumour of
an intended alliance between Spain and Brazil
against Paraguay.

AMERICA.
ARRIVAL OF THE BELGIAN.
(ViA Greencastle.)
NEW YORK, Ocr. VI, EVENING.
Mr. Davis's trial has been postponed until next
spring.
New Orleans despatches state that Mr. Johnson
has urged the governor of Louisiana to force
the constitutional amendment through the legisla-
ture. It is reported that several prominent Soutl
Carolinians are aiding the government to carry
the constitutional amendment through the South
Carolinian legislature, as a measure of relief for Mr.
Johnson.

Mr. Wendell Phillips has delivered a violent
radical oration at Brooklyn, in which he denounced
the President, the cabinet, General Grant, and the
constitutional amendment. _ _ _

Efforts are being made to indict Mr. Fourney,
editor of the Washington Chronicle, and the Balti-
more police commissioners for an attempt to incite
to a riot. The governor of Maryland has announced
that he claims jurisdiction to try and pass judg-
ment upon the commissioner. If, during the in-
vestigation, the innocence or guilt of the commis-
sioners appears established, he would act instantly,
even in the midst of the proceedings. The trial
progresses.
Washington despatches deny the report that the
United States will take any territory from Mexico.
The steamer Theodore Wagner, from Boston for
Charleston, has been burned. The crew and pas-
sengers were saved.
NEW YORK, Oct 27, Mosanca.

General Sheridan has issued an order to General
Sedgwick, commanding at Brownsville, that the
only way to a better condition of things on the Rio
Grande is to give the heartiest support to Juarez,
and that the government therefore warn all parties
that they will not be permitted to violate the neu-
trality laws between the Mexican government and
the United States. These instructions will be
enforced against adherents of the imperial govern-
ment, and also against the Ortega, Santa Anna,
and other factions. Juarez is acknowledged to be
the head of the liberal government in Mexico.
General Ortega and his staff have arrived at New
Orleans unmolested. They were about to leave
for Brownsville in order to re-establish a conatitu-

tional government in Mexico. It is reported that
the Federal authorities will not permit Ortega to
enter Mexico, and will probably arrest him in New

Orleans.

A Canadian jury has found the Fenian Colonel
John Lynch and the Rev. John M'Mahon guilty,
and the judge has sentenced them to be hanged on
Dec. 13, giving the prisoners the privilege to
appeal against the decision of the court. This sen-
tence has caused great excitement among the
Fenians.

The New York municipality has passed resolu-
tions requesting the Canadian authorities to release

the prisoners, and has also sent a deptamk7lo
Washington, requesting the President to ma hi
efforts to obtain their pardon.

The Tammany Hall Democrats have puma a.
solutions ceiling upon the government to intoning
and insist upon the Fenian prisoners being dolinini
gy
uAmeriecup,tioandneanato:weppLwilithe
retaßrwitisoishutmeginfoovvrernmon::tot
humanity, civilisation, and justice such as thee:

(NT ATLANTIC ITLEGEATIL)
NEW YORK, No, 6.
Tranquillity is restored at Baltimore.

THE COLENSO CASE.

JUDGMENT OF T(TH HE MASTE
DAY) OF THE Row.
IS R
Led Romilly this morning gave judgment in this ijA
in favour of the plaintiff. The object of the salt ew
it will be remembered, to obtain a declaration cd
court that a sum of 10,0001. bad been irrevocably
printed out of the Colonial Bishoprics Fund to the"
dowment for all time of the Bishop of Natal for they„
being ; that such sum of 10,0001. should be Iwo"'
accordingly ; and that the income of the •
meats, and in the meantime the annual sea
of 382/. 10n, should be paid to the Bishop clytid
for the time being ; that it might be declared that gad
the said Colonial Bishoprics Fund the annual panelled
3001. had been irrevocably appropriated to the enamels
Of the Bishop of Natal for the time being-for pip"
thereof to him, and of the arrears due to 144
with interest, and that the defendants, the Eight ge4
W. E. Gladstone, M.P., the Vice-Chancellor Bit
Wood, the Venerable William Hale Hale, Arabi."
of London, and Mr. John Gellibrand Hubbard, xp
might be declared trustees of the appropriated fonds ter
plaintiff, ea such Bishop of Natal. The plaintiff's eaves
shortly this : He was appointed Bishop of Natal, by hem
patent, on the 23rd November, 1853. On the mance elle
appointment, the council for the Colonial Bishopriss
agreed with the crown and the plaintiff to pay hia
annual sum of 3001., which was not to be liable to re.
duction during the incumbency of the first bishop, ree
fund from which this 300/. was to come, and a firths.*
of 3821. 10n-also agreed to be paid to the plaintiff-se,
from subscriptions made by several perms, ems
then Miss Burdett Coate, for the special perm d
endowing the Bishopric of Natal. It was said JIMA.
these subscribers gave their contributions they Meet
that the Bishop of Natal would be in a wean
in the colony similar to a bishop of the seisiMel
church in England ; that is to say, that be ins ti
be subject to the Bishop of Cape Toes
his metropolitan, with an appeal to the Arelthinsest
Canterbury, and that he was to have the like poses
authorities in his diocese of Natal as he would Weird
if he had been an English bishop, in England ar Ink&
In consequence of the proceedings instituted is
Town, by the Bishop of Cape Town, wind 3114
Coleus*, and his appeal therefrom to the Paq
Council, it now appeared that the Panne
the Bishop of Natal was not analogous to the
a bishop of the established church of England-
in fact, the status of a colonial bishop in a colony, panel
like, that of Natal of a legislative assembly, was tel
different from that of the bishops in liesbal,
That being so, the subscribers to the fend
timated their surprise at a state of thinp so shat
at variance with what they had contemplated, As gq
provided the funds for the endowment of the Wieser'
Natal, and ultimately, in April, 1864, the council sl Ste
fund gave notice to the plaintiff that they should est la,
tinue to pay him his salary, but ordered it to be (snide
a separate account. Therefore, the plaintiff filed Ike bill
this snit, to compel them to perform the coated le
which they had entered with him. Throughout thew
menta of the cue-which were heard before the longer
lion-no reference was made to any matters teasel tr
• discussion of the bishop's theological views, the gees
of his alleged false teaching not having been raised Or
defendants upon the pleadings. The case was nisei w
tirely on the terms of the contract between the pea
and on the question whether the circumstance do
alluded to were a sufficient justification for the Meier
in their refusal to continue the payment of the arid.
Mr. W. M. James, Q.C., Mr. Fitzjames Bteria,
Q.C., Mr. Westlake, and Mr. E. Charles re
peered for the plaintiff ; Sir Bounden Palmer, QC.,
I Mr. Selwyn, Q.C., Mr. Wickins, and Mr. l'emberlimp
peared for the several defendants.
His lordship, in pronouncing judgment, entered hire
elaborate review of the various documents reined aria
the pleadings, and after commenting upon the steterrl
colonial bishop., expressed his opinion to be tlat
fa
plaintiff in this snit was to all intents and perm
and in fact Bishop of Natal at this moment; thstlt
must so remain until his death, resignation, oreaacelles
of the letters patent by due course of law ; that asap'
grounds for the refusal of the defendants, de me
tees of the fund, to pay him his agreed salary are
insufficient, inasmuch as they and the contributes
cal
be taken to have known what the law-11
rigbof Ise
down in the case of Long v. the Bishop of Cape Nat
and in the plaintiff's own appeal, by the Privy Council-le
when they gave their money ; that the real stews rigs
plaintiff was that of a bishop of the catholic derd.cd
Christ, of which the church of England is a breach, sal
all the legal powers of such a bishop, doe pew.*
be exercised through the instrumentality of Ws atil
courts, with an ultimate appeal to the Privy Casa-
and he made a decree according to the tern of the de
- claration already mentioned, with costs.