THE MODERN JEFFRIES. [From the Britannia ]

New Zealander, Volume 7, Issue 595, 27 December 1851, Page 3

THE MODERN JEFFRIES. [From the Britannia ]

The narrow escape of the Cabinet from the deliberate censure of the Upper House in the division on Lord Derby's motion, is the topic of the week most likely to attract attention, and least likely to be rightly appreciated. Well aware how intimately the rights of the Crown and its subjects were involved in the legal portion of the question, the Cabinet was only too glad to assume that the motion was a mere party move, aud to seek fo hide the practical bearings of the case under the catching mask of a vote of non-confidence. One of the points then put in issue — if not the most important that was in discussion, was the power of the advisers of the Crown to annul its letters patent. " It was a principle of law," to use the words of Lord Lyndburst, " that when the Crown granted franchises or liberties of any description which it had the power to grant, they were granted irrevocably." By surrender, by for/eiture, or by statute alone could these privileges bo taken away», It was in defence of this principle of law that Jeffries, the minion of James 11., was hunted from the judgment seat, and his master driven from bis throne. It is this ancient principle on which countless charters hang, that, with all the recklessness and little of the ability of his legal prototype, the present Chancellor makes bold to set aside, claiming for the Crown a reservation of powers savouring all too closely of that dispensing power for which the last of the Stuarts contended to his own ruin. To state the case with brevity. In 1850, after year* of supplication, a constitution was granted by royal patent to the Cape colonists, of which the primary element was a Legislative Council of not less than ten or more than a dozen members, of whom sir were to be Crown nominees. This Council was, in truth, to frame the future legislative constitution. The six nominees were appointed, and at last, under most adverse circumstances, four elected members were added. In a short time the new Council became effete by the resignation of the elected members. We stay not to enter into the reasons for this untoward event. It is enough for our point that the four resigned, and that their resignations were accepted by the Governor. In this difficulty Sir. H. Smith applied to Earl Grey. What was the" result of the application 1 Though the patent expressly laid down that 4< not less than ten" should be the numbers of the Council, and of these six only Crown nominees, Lord Grey deliberately ordered the Governor to proceed with his mutilated Council of six nominees ; and, to use his own damning words, " instead of obtaining an opinion from the Law Officers of the Crown, advised the Crown to issue fresh instructions declaratory of the meaning of those which accompanied your commission." We need hardly add, that these instructions were to the effect of a printer's errata — for " ten," read " six ;" and for " six official and not less than four elected," read " six officials only." Such was the infringemedt of the rights of the subject which the respected Lord Cranworth sought to explain away, and wbich the Chancellor gloried in defending vritb a manner and a diction that savoured as much of the petty word quibbling of an ambitious junior at the bar, as of the audacity of a Scroggs or a Jeffries. We freely scquit the great majority of the noble lords who united in defence of Lord Grey, from any deliberate intention of affirming by their votes the legality of such a transaction. Some, with the timid Lord Whtrncliffe, were affrighted with the prospect of ripping up in a Committee the sad results of the twd years' imbecility and irritability of Lord Grey. Some regarded the apparent support of a colonial faction by a Parliamentary opposition as a dangerous example to other restive colonies. Whilst not a few had pity on the apparently persecuted nobleman, wished not to add to the already serious embarrassments of his colonial rule, and permitted the unremitting canvassing and supplications of the Greys and Greylings of all ages aad both sexes to influence their commisseration. Notwithstanding all, the result was most humiliating. The deliberate opinions of more than two hundred aud fourteen peers were recorded, and the result was " Not Guilty" by six votes. A majority on which a criminal might gladly accept his life, but a sadly irritating stive for the wounded honour of a British Peer.

Nelson.— The Anniversary of the Nelson Branch of the Wesleyan Missionary Society, was held on the sth and 6th October. The ministers of the Presbyterian and Baptist churches in Nelson kindly lent their aid. The Rev. D. Dalamore preachpd to an attentive audience with his usual ability in the morning, from Gal vi. 14. After explaining the passage, he adduced several reasons for the Apostle's high estimate of " the cross of Christ." The sermon in the evening, by the Rev. T. D. Nicholson, was particularly appropriate. Psahn Ixvii. 1 and 2 verses, wai the subject, on which, the preacher founded his discourse, eloquently Bhowing the connexion between the reception anji communication of mercy and blessing by the Church. It was clearly shown in the course of the sermon that if a Church cease to be evangelhtic, or missionary, it will soon cease to be evangelical, or sound in the faith of the Gospel. The chair of the public meeting was well and worthily filled by D. Sclanders, Esq. A lengthened Report, sketching the principal Missions in Europe, Asia, Polynesia, Africa, and America, under the care o£ the Society, was read by the Rev. S. Ironside, and then the obligation of Christians to support the holy cause of Missions was, by every variety of remark, brought before the meeting, by the ministers and several layofficers from the churches present. It was gratifying to see the catholic fraternity exhibited on the occasion by the various sections of the evangelical Church. One very pleasing feature of the meeting was the presence on the platform of some natives from the coast, the fruit of the Wesleyan Mission. Their simple statement", contrasting what they were, and what they might have been but for Missions, with what they ore — and their unaffected display of good feeling towards the pakeha, and loyalty to the Queen, (oli well upon the audience, who testified their pleasure by rounds of applause. A missionary box from the Sunday scholars, confaining upwards of a guinea, was handed to the Chairman, several annual subscriptions were announced, which, with the liberal collections of Sunday and Monday, make the total raised by the Nelson Auxiliary for the year about thirty-one pounds. Philip Crabb, Esq., the first manufacturer of lead pencils by machinery, died in London at' the advanced age of 100 years. Mr. James Brown, a linen merchant of Lurgan died in May last, and bequeathed 2,000/. for the home mission of the Presbyterian church, and another sura of the same amount for the Presbyterian schools at Connaught.