PUBLIC RECORD OFFICE
Reference
C.O.8
885
3 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
CAPE OF GOOD HOPE
No. 14.
*Page.
†Above
16
CORRESPONDENCE RELATIVE TO
raises the question whether the Letters Patent of 1847, even supposing them irrevocable quoad. the Cape or Natal, might not have remained still revocable quoad Saint Helena,
In obedience to your commands, we have taken this matter into consideration, and have the honour to report:
That if there had been no legislative recognition of the existing dioceses (or reputed dioceses) of Cape Town and Graham's Town by the legislature of the Cape Colony, we should have found it difficult to dissent from any one of the five positions laid down by Sir Philip Wodehouse at the close of his Despatch, as the conclusions derived by him from the recent judgments of the Privy Council in the cases of Mr. Long and Bishop Colenso, except so far as the Colony of Saint Helena is concerned.
As to that colony, the Crown had undoubtedly full power, by the Letters Patent of 1853, to sever it from the original diocese of Cape Town, and to erect it into a separate bishopric; and we are of opinion that such power was well and effectually exercised by these Letters Patent.
With respect, however, to the dioceses of Cape Town and Graham's Town, created (or assumed to be be created) by the Letters Patent of 1853, we find it (on the other hand) difficult to look upon the Colonial Act, No. 30 of 1860, as anything short of a legislative recognition, for some purposes at all events, of these two dioceses; and, even if the original diocese of Cape Town were regarded as still having an abstract existence in strict theory of law, in the Cape Colony and Natal, it is, and must remain, practically in abeyance, unless and until another Bishop is appointed thereto by the Crown; an event, which (we assume) is not at all likely to happen.
On the whole, the suggestions of Sir Philip Wodehouse appear to us only to add further elements of embarrassment and perplexity to those with which this subject was already surrounded, and from which we see no method of escape except by some new Colonial or Imperial legislation.
The Right Hon. Edward Cardwell, M.P.
&c.
&c.
&c.
We have, &c.
(Signed) ROUNDELI, PALMER
R. P. COLLIER.
No. 14.
Copy of a DESPATCH from Governor Sir P. E. WODEHOUSE, K.C.B., to the Right Hon. the Earl of CARNARVON.
(No. 63.) MY LORD,
As it seems not improbable that the late change of Ministry at home may have the effect of preventing the passing into law, during the present session of Parliament, of the Colonial Bishoprics Bill introduced by Mr. Cardwell, I hope I may, without impropriety, call your Lordship's attention to the despatch which I addressed to Mr. Cardwell on the 27th of July 1865,* and to his confidential reply to me of the 22nd of November following.†
Government House, Cape Town, August 16, 1866.
(Received 24th September, 1866.) (Answered Separate 3rd October, 1866, p
Your Lordship will there find that I suggested that the present Bishop of Cape Town, who in 1853 held the same title, but with a diocese including all the present dioceses of Cape Town, Graham's Town, Natal, and St. Helena, had at that time only given in his personal resignation, which he was at liberty to do under the Letters Patent; and, as the subsequent attempted extinction of the old diocese and creation of the new were in excess of the legal powers of the Crown, that the old diocese did exist, and was only (as declared by the Archbishop of Canterbury in 1853), "oid of the person of" Robert Gray.
The late Attorney and Solicitor General, on being consulted, stated in a letter of the 23rd of October 1865, "That if there had been no legislative recognition of the existing "dioceses (or reputed dioceses) of Cape Town and Graham's Town by the Legislature "of the Cape Colony, we should have found it difficult to dissent from any one of the "five positions laid down by Sir P. Wodehouse at the close of his despatch, as the "conclusions derived by him from the recent judgments of the Privy Council in "the cases of Mr. Long and Bishop Colenso, except so far as the Colony of St. Helena
is concerned."
I cannot, of course, presume to set up an opinion of my own on this view of the case, but as I know that other lawyers much question the value of the so-called recognition by the Colonial Legislature, and it would be very undesirable to leave that point in doubt while legislating generally on the whole subject, I venture to suggest the insertion, in
COLONIAL BISHOPRICS.
17
CAPE OF
GOOD HOPE,
any future bill which Her Majesty's Government may bring forward, of a clause to the following effect:
In any case in which any bishop exercising episcopal functions in any of Her Majesty's colonies or foreign possessions, by or under authority of any Royal Letters "patent, shall have lawfully resigned his see or bishopric, and a successor to such bishop in such see or bishopric shall not have been appointed, then and in any such "case the letters patent creating the diocese of such bishop shall be deemed to be and "shall be null and void from the time of the resignation of such bishop."
Your Lordship will, I think, perceive that this suggestion conforms to the spirit of the last paragraph of the letter from the Law Officers of the Crown, which was as follows:- "On the whole, the suggestions of Sir Philip Wodehouse appear to us only to add "further elements of embarrassment and perplexity, with which this subject was already "surrounded, and from which we see no method of escape, except by some new colonial or imperial legislation,
I have, &c. P. E. WODEHOUSE.
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
No. 15.
(Signed)
COPY of a DESPATCH from the Right Hon. the Earl of CARNARVON to Governor Sir P. E. WODEHOUSE, K.C.B.
(Separate.)
No. 15,
Sia,
Downing Street, October 3, 1866. I HAVE received your Despatch, No. 63, of the 16th of August last, in which you * Page 15. submit the draft of a clause to be inserted in any bill which may be introduced into Parliament by Her Majesty's Government, with reference to the state of the clergy of the Church of England in Her Majesty's colonies.
I am obliged to you for your suggestion, which I shall not fail to consider in connexion with other communications on the same subject.
Governor Sir P. E. Wodehouse, K.C.B.
&c.
&c.
&c.
No. 16.
(Signed)
I have, &c.
CARNARVON.
Copy of a DESPATCH from Governor Sir P. E. WODEHOUSE, K.C.B., to the Right Hon. the Earl of CARNARVON. (No. 4.)
Government House, Cape Town, January 19, 1867.
(Received, February 20, 1867.)
No. 16.
Petition.
MY LORD,
I HAVE the honour to forward a petition addressed to Her Majesty by certain Enclosure. clergy and lay members of the Church of England resident in the diocese of Cape Town, praying that no measure may be enacted by the Imperial Parliament calculated to disturb the existing status of that church in this colony or the Royal Supremacy, which secures to the members of the church the right of final appeal to Her Majesty .in Council.
I have, &c.
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
(Signed)
P. E. WODEHOUSE.
Enclosure in No. 16.
To the Queen's most Excellent Majesty.
The petition of the undersigned clergy and lay members of the United Church of Englana and Ireland, resident in the diocese of Cape Town, humbly sheweth,—
That your petitioners believe some legislative measures may shortly he inaugurated by Your Majesty's Government defining the position of the Church of England in the Colonies. Your petitioners have not learned what those measures ara likely to be, but they desire, with the utmost respect and as early as possible, to represent to Your Majesty that large numbers among the members of the Church of England in this Colony entertain strong feelings of repugnance to anything which may seem, even in name, to imply that they belong to a church other than that of their forefathers or of their adoption.
C
Encl. in No. 16.
!
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