of a congregation situated as that of St. Paul's is, may be well understood by the frank and manly avowal of two members of your own Committee, who did not hesitate to state that when they were pewholders in St. Paul's Chapel they were decidedly in favor of a separation.

"If, as worshippers in Trinity Church and members of the Vestry, they now entertain different opinions, still they may be induced to fulfil the Christian rule, by the recollection of the views they formerly entertained, and the consideration that those who are now placed as they once were must necessarily be influenced by similar feelings.

"Another motive for the application of your memorialists is the desire that they and their posterity should live exempt from the recurrence of those difficulties, which have several times occurred between the Vestry of Trinity Church and the Assistant Ministers, or the parishioners, producing divisions, parties, and schisms among the congregations, than such a state of things nothing can be more detrimental to the character of our Church with other denominations, nor more dangerous to the Christian charity of those concerned, at the same time that it is calculated to disaffect even those who were before stable, to scatter those previously attached, and to repel those who were advancing to the fold of our own faith. There are some, we doubt not, to whom these representations appear merely formal, and who believe that spiritual feelings, desires, anxieties, and privations are expressions of the imagination, void of reality, but we can vouch for their actual existence, and the facts complained of have produced great uneasiness in religious matters, that they have scattered our Flock, have left us without an acknowledged and avowed Shepherd, have separated us from many near and dear, with whom we have been accustomed to worship and to commune,―have estranged parishioners from each other, and produced indifference, or worse, between some of them and some of the Clergy.

"From the present mode of constituting the Vestry, by electing one-third of their body from each of the three congregations (and under the Collegiate state no better system can be adopted), it is evident that two-thirds of them have no particular specific interest in the appointment (or call, as it is termed), of any minister to any one of the Churches. What fact can explain more completely the cause of frequent dissatisfaction? Render St. Paul's Chapel a separate Church, and the sounds of discontent and dissension will no longer be heard,— heartburnings will become extinct and lukewarmness in religion will spontaneously be kindled into Christian fervor.

"Lastly, the undersigned would urge upon the Committee, of which you are Chairman, that they are in fact, however it may appear on the records of the Vestry, the representatives of a very large majority of the worshippers in St. Paul's Chapel, and of two-thirds of the owners and lessees of pews. By a very careful examination made by a member of the Committee (Theron Wilbur, Esq.), charged with obtaining the signatures to the memorial of those who either attended the meeting at which the undersigned were named a Committee or concurred in its proceedings, it appears, as near as we can ascertain, that pews only are occupied in the Church. Out of this number have affixed their names to the memorial as owners or lessees, who thus, if not by written indenture, are in strict equity to be considered as those entitled to the privilege of voting.

"In addition, several owners of pews have declined signing during the present excitement, but have not hesitated to express their desire that the connection with Trinity Church were dissolved.

"The undersigned are in fact of opinion that could all personal considerations have been left out of the question, they might have obtained an almost unanimous expression of opinion that the time had arrived when St. Paul's ought to cease to be one of the Collegiate connection.

"The Committee which addresses you feels sensibly the disadvantages under which its enquiries into the tenor on which pews are held have been conducted. They must, however, urge upon the Vestry that under the circumstances that body must consider the memorial which has been already submitted as an expression of the opinion of the congregation, unless a counter memorial, signed by a greater number of persons having an interest in the question should be presented.

"In conclusion, the undersigned would beg leave to disclaim for themselves, and they trust they may safely do so for every one of the memorialists, all feeling in respect to persons.

"Of the two Rev. Gentlemen whose claims to priority of rank have caused the present desolation of their earthly Zion, both possess the affectionate regards of every member of the Committee of parishioners. So far, indeed, as the feelings of such of the undersigned as have taken part in the discussion at the joint meeting are concerned, long and continued regard, the habits of familiar and social intercourse, could these prevail over their sense of justice, rank them among the friends of the Rev. Gentleman who still honorably and usefully holds his place. They cannot, however, let the affectionate feelings with which they regard him, blind them to the unmerited treatment of the Rev.

Gentleman who has been separated from them, nor can they allow the bias of party to preponderate over their sincere regard for the welfare and prosperity of the Church.

"For years before the present unhappy difference took place, many have anxiously desired the separation which they now ask for; but they must candidly acknowledge that the existing embarrassment has so deeply affected their spiritual communion and peace, as to drive them without further delay to present the Memorial which you have under consideration.

"Memo. [Extract from the Statement accompanying this.]

"Being full 2/3 of the pew-holders, and 3/4 of the whole congre

gation."

VII.

AN ACT FOR THE RELIEF OF THE RECTOR, CHURCHWARDENS, AND VESTRYMEN OF TRINITY CHURCH IN THE CITY OF NEW YORK (PASSED APRIL 22, 1841).

The People of the State of New York Represented in Senate and Assembly Do Enact as follows

I. The present Church-wardens and Vestrymen of the Corporation styled The Rector, Church-wardens, and Vestrymen of Trinity Church in the City of New York, or the major part of them of whom at least one of the Church-wardens shall be one, may consent to the nomination made by the Rector of the Reverend Jonathan M. Wainwright to the office of Assistant Rector of the said Corporation and such nomination being so consented to, the said Assistant Rector shall have and exercise during the Rector's absence the like powers as by said Charter are conferred on the Assistant Rector therein mentioned-and it shall be lawful for the said Jonathan M. Wainwright and the Church-wardens and Vestrymen of the said Corporation during the present absence of the Rector thereof and until his return to the City of New York to hold Vestry meetings, and at every such meeting at least one of the Church-wardens and a majority of the other members of the Vestry being present, it shall be competent to the Board to regulate, manage, and transact all the business concerns and affairs of the said Corporation and to provide for the holding of the annual election of Church-wardens and Vestrymen, and to exercise all the other powers of the Vestry of the said Corporation in the same manner and the same extent and with the like effect as if the Rector were present and acting therein.

2. The stated annual election of Church-wardens and Vestrymen of the said Corporation held since the departure of the Rector from the United States, and any consent which prior to the passing of this act had been given in conformity with the provision of the first section to the nomination therein mentioned shall be deemed legal and valid, and all acts and proceedings of said. Vestry in relation and management of the concerns and affairs of the said Corporation which have taken place since such departure of the Rector and prior to the passage of this act, shall be deemed legal and valid, provided such acts and proceedings would have been legal and valid, if the first section of this act had taken effect prior thereto.

I have compared the preceding with an original act of the Legislature of this State on file in this office, and do certify that the same is a correct transcript therefrom and of the whole of said original.

ALBANY, April 23, 1841.

VIII.

JOHN C. SPENCER,

Secretary of State.

BIBLIOGRAPHY OF THE CONTROVERSY AND ATTACK UPON TRINITY CHURCH, 1856-1857,

WITH EXTRACTS.

Communication of the Vestry of Trinity Church, in the City of New York, to the honorable the Senate of the State of New York, in reply to Resolution of the Senate passed April 13, 1855. Transmitted to the Legislature February 20, 1856. Albany: C. Van Benthuysen, 1856.

Facts against Fancy, or a True and Just View of Trinity Church, by the Rev. William Berrian, D.D., the Rector of the Same. New York: Pudney & Russell, 1856.

The Rector rectified, a reply to "Facts against Fancy, by the Rev. Berrian, D.D., Rector of Trinity Church, New York," from the Protestant Churchman. New York: Anson D. F. Randolph, 1856.

A letter to the Rev. William Berrian, D.D., on the Resources, Present Position, and Duties of Trinity Church, occasioned by his late pamphlet "Facts against Fancy," by William Jay. New York: Anson D. F. Randolph, 1856.

Trinity Church Case. Dr. Tyng and Others against Trinity Church, by Presbyter [The Rev. John Morgan]. New York: John A. Gray, 1856.

Report of the Select Committee on the Report of Trinity Church made in 1856, transmitted to the Legislature January 29, 1857. Albany: C. Van Benthuysen, 1857.

Reports of the Select Committee of the Senate on the affairs of Trinity Church, with the Testimony relative thereto. Albany: Van Benthuysen, 1857.

This volume includes:

First Report, undated, signed, M. Spencer, James Noxon, J. H. Ramsey, Select Committee.