The Sun.
London, England, 1865-03-21 00:00:00

LAW INTELLIGENC

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.

MAncli 20.
(Present—The Lord Chancellor, Lords Kingsdown and
Cranworth, and the Right Ron. Sir S. Lushington.)
EX PARTE THE BISHOP OP NATAL.-JUDGMENT.

At half-past three o'clock this afternoon the Judicial
Committee of the Privy Council delivered judgment in the
appeal of Dr. Colenso against the decision of the Bishop of
Cape Town, whereby he was deprived of his bishopric.
The court was densely crowded, there being amongst
others present the Earl of Shaftesbury, Archbishop of York,
and Lord Monteagle.
The Lord. Chancellor delivered the judgment of their
lordships in this long-pending case. The Bishop of Cape
Town, in December, 1863, had pronounced sentence of de-
position of Dr. Colenso from the see of Natal, on the ground
that he had power to determine the proceedings against
him on a charge of heresy. The Bishop of Natal had ap-
pealed to her Majesty, and after argument before the Judi-
cial committee, to whom the appeal had been referred, the
Lord Chancellor proceeded to read a long printed judgment
before a crowded court. His lordship, after adverting to
the position of the parties, stated that Dr. Gray was ap-
pointed Bishop of. Cape Town by letters patent in Decem-
ber, 1853, and he was constituted the Metropolitan of Gra-
ham's Town and Natal. On the 23d Nov., 1853 (15 days
before the letters patent to Dr. Gray), Dr. Colenso was
appointed Bishop of Natal, also by letters patent, and on
the 30th of the same month took the canonical oaths of
obedience to his metropolitan. In December, 1863, Dr.
Gray had pronounced sentence against Dr. Colenso, depos-
ing him from his office as Bishop of Natal. His lordship
said three questions had been raised in the appeal. Ist.
Whether the letters patent granted in 1853 to Dr. Gray, of
Cape Town, constituting him the metropolitan of the other
sees, were valid and good. 2nd. Whether such letters
patent conferred any coercive jurisdiction on him ; and 3rd,
whether the canonical oaths of obedience conferred any
power of deprivation of a bishopric on him. After referring
to former acts of Parliament, and mentioning one in the
reign of Henry VIII., whom the Lord Chancellor desig-
nated "that absolute monarch," his lordship said :—Their
lordships had arrived at the conclusion that where a colony
had been established with a Legislative Assembly, the
Crown had no authority by letters patent to confer the
authority which had been exercised. And on the second
point their lordships were of opinion that there was no
jurisdiction in the Bishop of Cape Town to exercise coercive
authority over the Bishop of Natal ; and as to the oaths of
obedience, that there was no authority to take or to require
the same. His lordship concluded by saying, "We shall
therefore humbly advise her Majesty that the proceedings
against the Bishop of Natal, and the sentence of depriva-
tion, are both null and void in law."

PATENT OFFICE, MUSEUM, SOUTH KENSINGTON.--
Number of visitors for the week ending March 18, 1,795 ;
total number since the opening of the Museum free daily
(12th May, 1858) 903,137.

ELECTION INTELLIGENCE.

NORTH WILTS.

DEVIZES, Monday.

The election to fill the vacancy in the representa-
tion of North Wilts, caused by the retirement of the
Right Hon. T. H. S. Sotheron-Estcourt, took place
at Devizes, yesterday. It was generally understood
in the district that there would be no opposition to
the return of Lord Chas. Bruce ; but, to the surprise
of a large number of electors, a candidate in the
Conservative interest was brought forward at the
last mcment.

The proceedings were opened by the High Sheriff
(Mr. T. H. A. Poynder), who called upon some gen-
tleman to nominate a fit and proper person to repre-
sent the northern division of the county of Wilts in
Parliament.

Mr. S. W. TAYLOR then stepped forward and
proposed Lord Charles Bruce, than whom, he said,
there was no person better fitted to occupy the
place of their late excellent and exemplary member,
Mr. Sotheron-Estcourt. Having paid a high com-
pliment to his virtues, Mr. Taylor alluded to the
position which Lord Charles Bruce gained at the
University of Oxford, and the interest which his
family had in the welfare of the country, and espe-
cially in the county of Wilts. Lord Charles Bruce's
interests were the same as the interests of the elec-
tors, and he was confident that his lordship, by his
efforts in Parliament, would show that he had the
interests of the county at heart. What the electors
and the country wanted was good government, and
peace with all the world, so long as the latter could
be maintained consistently with honour. We also
wanted an amelioration of the condition of the poor,
and also a progressive improvement in our laws ;
and he asked who was more interested in maintain-
ing and in increasing these blessings than Lord
Charles Bruce? (Applause.)
Mr. E. EDMONDS, in seconding the nomination of
Lord Charles Bruce, alluded to the universal regret
which prevailed owing to the retirement of Mr.
Sotheran-Estcourt, and then proceeded to speak of
the policy of the administration of which Lord
Charles had declared himself a supporter. He re-
ferred to the Parliamentary Reform Bill, the Muni-
cipal Reform Bill, and the repeal of the Corn Laws,
all of which had been brought about by a Liberal
Government. He, therefore, warmly recommended
Lord Bruce to their notice. (Applause.)
Mr.WILLIAms, amid much confusion and uproar,
came forward and nominated Mr. Fowler, of the
firm of Dimsdall, Fowler, and Co., London, as a
candidate for their suffrages. He denounced in
strong terms the compact which he said had been
entered into between the Whigs and Conservatives
to hand over the vacant seat to the Liberal party on
the understanding that the Conservatives should
retain the other seat. He condemned the apathy
which had been shown by the Conservatives since
the retirement of Mr. Estcourt was announced, and
maintained that if they had had fair play the Con-
servatives would have carried their candidate. Mr.
Williams also dwelt upon the injustice of the malt-
tax, and severely censured the conduct of Parlia-
ment in yearly exempting personal property from
taxaeion, an exemption which, if they elected Lord
Charles Bruce, his lordship, as a supporter of the
present Administration, would be bound to main-
tain, instead of making a stand against it. In con-
clusion, he protested against those proceedings, and
observed that the farmers and electors of North
Wilts were determined that this should not go off as
a sham election.

The nomination of Mr. Fowler having been
seconded by Mr. CHANDLER,
Lord C. BRUCE, who was received with loud
cheers, then addressed the electors. After thanking
them for the flattering manner in which he had
been received that day, and expressing his deep re-
gret at the retirement of Mr. Estcourt, who, he said,
so entirely devoted himself to the service of the
county and the country at large, his lordship pro-
ceeded to speak of the general principles which he
professed and the causes:which he supported. Those
principles were the principles of the Liberal party,
and those causes were the causes of progress and of
improvement. (Applause.) For more than 30
years these principles had been in the ascendant in
this country, and the benefits and the changes which
had been accomplished during that period must be
admitted by all. Among other improvements had
been witnessed a general reform in Parliamentary
representation ; the Church had also been reformed,
municipal institutions had been established upon a
more liberal and satisfactory footing, a general sys-
tem of education had been introduced and extended
among the humbler classes ; and free trade, the
blessings of which no one would venture to dispute,
had developed itself in our commercial system.
(Cheers.) The trade and prosperity of this country
had increased to a pitch which was unrivalled in any
other land, or in any other time. A treaty of com-
merce had been concluded with France, whose alli-
ance was as important and as desirable for the gene-
ral civilisation of the whole world as it was for our
own country. Commercial treaties had likewise been
concluded with:Belgium, Italy, and other foreign
Powers, and if welooked away from home we should
find that fresh markets had been opened in China
and Japan. The public revenue had increased so
enormously that tax after tax had been taken off,
and still it continued to increase. Since 1839 no less
than eight millions of ,indirect and five millions of
direct taxation had been annually reduced. (Ap-
plause.) A great reduction had also been made in
the custom and excise duties, and in four years no
less than 4 millions hadbeen remitted. Thus, while
our taxes had been diminished our prosperity had
increased, and notwithstanding the war in America
he showed that our trade had enormously increased.
The Government had been striving as much as pos-
sible to reduce the public expenditure, which was
necessarily very large. Our armaments had been in-
creased, at a :great cost, in a degree corresponding
with the progress made by other nations, but at the
same time the Government had steadily kept in view
the principle of non-intervention. (Applause.) This
was particularly exemplified in the case of America,
where neither taunts nor pressure had induced the
Government to swerve from that perfect neutrality
which it had professed to maintain. (Cheers.) No
greater calamity could befal this country than a war
with America—unless, indeed, it was a war with
France ; in his judgment, therefore, the Government
must be supported in its indeavour to carry out its
principles of neutrality, and he asked, what man
was more capable than Lord Palmerston, who
had an accumulated experience of two generations
of statesmen, to guide the counsels of this na-
tion in those principles which, in fact, were
universally admitted to be right ? (Applause.)
With regard to the malt-tax, he considered that in
the abstract it was not a good one, and there were
many objections to it ; but it must be looked at
from a financial point of view. (Applause.) It was
his firm belief that the only way to get rid of the
impost was by persevering in the present system of
Government by extending our trade, and by a
policy of peace, which alone would enable us to dig.;
pence with the six millions produced by the tax.
His lordship concluded with a few general remarks.
Mr. FOWLER also addressed the electors, princi-
pally dwelling upon the so-called compact between
the Liberal and Conservative parties in that divi-
sion of the county. He also criticised Lord Bruce's
general policy, and concluded by repudiating that a
coalition existed between the two parties, and an-
nouncing that under the circumstances in which
they were placed it would be wrong to the noble
lord as well as to that division of the county if they
went to a poll. (Cries of " Oh.")
ThelllGH SHERIFF then called for a show of hands,
when nearly all present held them up for Lord Bruce,
only 12 being shown in favour of Mr. Fowler. Lord
Bruce was accordingly declared duly elected, as no
poll was demanded.

After briefly returning thanks for the high honour
which had been conferred upon him, Lord C. BRUCE
proposed a vote of thanks to the High Sheriff for
his impartial conduct on that occasion.
This was seconded by the Hon. Mr. BOUVERIE,
who, amid great interruption, made some remarks
upon one or two of the speakers.
The HIGH SHERIFF briefly replied, and the pro-
ceedings terminated with much cheering for Lord
C. Bruce.