6529.
No. 569.
(NATAL.)
MY LORD,
LAW OFFICERS to COLONIAL OFFICE.
Temple, June 10, 1869. We are honoured with your Lordship's commands signified to us in Sir Frederic Rogers' letter of the 3rd instant, stating-
(1.) That he was directed by your Lordship to transmit to us copies of a corre- spondence which had passed with reference to the proceedings taken by Dr. Colenso against Mr. Green the Colonial Chaplain at Natal, and to the question whether Mr. Green should be allowed to continue to hold the office of Colonial Chaplain.
2nd. That the judgment of the Judicial Committee in the case of the Bishop of Natal which was to be found in 3 Moore, P.C. 115, rendered it unnecessary to go back to the earlier stages of that complicated case.
3rd. That since the Despatch of Lord Carnarvon of August 12, 1866, which was based upon the opinion of the Law Officers of the Crown of May 17, 1866,* a further decision upon the position of the Bishop of Natal had been given by the Master of the Rolls in November 1866; and still more recently, in the Supreme Court of the Colony of Natal, in proceedings taken by the Bishop against Mr. Green, it was held by the Court, (one judge, however, dissenting), that the bishop was entitled to the interdict of the court, prohibiting Mr. Green from officiating in any of the churches or buildings in the Colony set apart for the uses of the Church of England, and in any of which the bishop was trustee, and also that the bishop was entitled to a writ of ejectment ousting Mr. Green from the premises known as the deanery. A copy of that judgment was transmitted for our information.
4th. That the question was complicated by the circumstance that two of the judges appeared to have based their opinions respecting Bishop Colenso's rights as against Mr. Green, on the assumption that Natal was a Crown Colony, whereas the Judicial ('ommittee appeared to have based their opinion respecting Bishop Gray's rights as against Bishop Colenso on the assumption that Natal was not a Crown Colony. The decision, therefore, that Bishop Colenso was entitled to deprive Mr. Green appeared in some degree to re-open the question whether, and by what means, and on what grounds, Dr. Gray was entitled to depose Dr. Colenso.
5th. That in that position of affairs Mr. Green obtained leave of absence from the Colony, which was approved of by the Duke of Buckingham, and he came to England But the time for professedly with the intention to appeal from that judgment. appealing had elapsed, and it might be assumed that all notion of appealing was then abandoned.
6th. That Mr Green had returned to the Colony, and a question had lately been asked in the House of Commons by Mr. Hughes, whether, notwithstanding the interdict of the Supreme Court, Mr. Green was still recognised as Colonial Chaplain by Her Majesty's Government, and in receipt of the salary attached to the office, and if so, why?
+
7th. That your Lordship requested to be favoured with our opinion upon the following questions:-
1st. Whether the position of Her Majesty's Government is that they are not bound, though at liberty if they think fit, to enforce the episcopal authority of the Bishop of Natal by dismissing Mr. Green, if he refuses to render deference and submission to that prelate.
2nd. Assuming that the decision of the Supreme Court in favour of Bishop Colenso would furnish primâ facie grounds for enforcing his authority by the removal of Mr. Green, does the conflict of authority above described, or any other consideration apparent on the accompanying papers render it unadvisable or improper to take that course?
In obedience to your Lordship's commands we have taken the questions submitted to us into our consideration, and have the honour to
P
Report
1st. We are of opinion that Her Majesty's Government is in no way bound to enforce the episcopal authority of the Bishop of Natal over his clergy, nor to dismiss
• No. 411.
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