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wards the Superintendents, Teachers,
Poor Eliza. and Directors, to whose instrumentality, (From Notes to M'Comb's School of the in their respective schools, a degree of
Sabbath.) this blessed effect is, under God, to be BEFORE the removal of the Belfast attributed. They look with particular Sunday School from Smithfield to satisfaction to those schools in which Brown-street, and about the commencethe hands of the Superintendents and ment of teaching in the former place, Teachers are strengthened by the co- the author, in addition to many marks operation of Directors chosen from of providential kindness, experienced the congregations, who interest them- during his labours in that field of useselves in procuring scholars, enforcing fulness, admitted to his class a little the attendance of those already en- girl, named Eliza H. She was rolled, and by their presence, superin- totally ignorant on admission, but tendence, and example, insuring their by close application to her lessons, correct and devout deportment during aided by a docile and tractable disposidivine service. They earnestly hope tion, stre soon overcame the drudgery that the good work may not be hinder- of the first classes, and distinguished ed through want of willingness to aid herself in a very superior manner at it in these several departments.
the different public examinations of the The Board feel it their duty to solicit institution. On one of these occasions, for the Society a continuance of the she gained a Bible, as a premium for pecuniary patronage which has en- proficiency in reading and recitation of abled it to prosecute thus far, and to Scripture. This book became to her a some considerable degree of benefit, its treasure indeed-furnished her with an important objects. It must be obvious answer to every inquiry-guided her that in the instruction of more than through early, life-comforted her in 1300 pupils, a large supply of books is sickness—and supported her in death. necessary. Although these are of a And although its precious truths were very cheap description, yet the requi- unknown in the habitation of her
pasite number is no small item of ex- rents, she fondly hoped, that by her pense. This circumstance, added to frequent reading to them, it would be the indispensable distribution of pre- yet received as the “ messenger of glad miums, and various necessary accom- tidings." modations for the several schools, urges Poor Eliza lived not to have her the claim of this charity to a liberal hopes matured. Naturally of a delicate portion of the appropriations made by constitution, and subject to asthmatithe members of the Church to pious cal affection, she sunk under a load of and benevolent objects. Our treasury afllictions too weighty for her early is now exhausted; but we look with sensibility. Her sister, a girl consider. confidence for the means of farther pro- ably her senior, who entered the school secuting this best of charities, to contri- shortly after Eliza, but was expelled for butions for which the several congrega- improper conduct, about this time betions in our union will soon be solicited. came an abandoned prostitute; and,
The Board, in conclusion, offer the what was still more lamentable, her pahumble prayer, and hope that it may be rents, instead of discountenancing her the prayer of the whole portion of the vice, became partners in her guilt, and Church which they represent, that the actually were in the habit of receiving divine blessing may rest on our Society, the very wages of her iniquity. and that it may be the honoured instru- This was too severe a shock for the ment in the hands of the great Author virtuous mind of the sainted Eliza. She of our salvation, of bringing many sons took to her bed, and a few days before unto glory.
her death desired to see me. I will Signed by order of the Board, never forget the affectionate look with
J. Å. HOBART, President, which she welcomed my arrival; it reAttest,
paid me, in a moment, for all the years THOMAS N. STANFORD, Secry. of anxiety and toil which I had devoted New-York, Thursday before Easter, to Sunday school education. Supported
April 4, 1822.
on her bed by pillows, her emaciated last conflict, and elevated her to the arms bore up her Bible. “You are not mansions of immortality : and now becompanionless, my dear child," said I. hold before thee the glorified spirit of Z"No," she exclaimed
that poor child, who, under God, owes Precious Bible! what a treasure
the eternal life on which she has lately Does the word of God afford !
entered, to thy faithful labours in the All I want for life or pleasure,
Sunday school; and who is now sent Food and medicine, shield and sword. Let the world account me poor,
by our Redeemer to introduce thee to Having this, I want no more."
the world of glory, as thy first and least She had scarcely repeated these lines, reward for guiding the once thoughtwhen she immediately expired. The less, ignorant, wicked Elizabeth, to the happy death of Eliza, and the strange world of grace. Hail, happy spirit! coincidence of the name, presents to my Hail, favoured of the Lord ! Hail, de view the glowing picture drawn by the liverer of my sout! Hail, to the world masterly hand of the pious James, of eternal glory!'" when representing a faithful teacher entering on the scenes of immortality :
“My fancy has sometimes presented me with this picture of a faithful teach- Abstract of the Proceedings of the er's entrance to the state of her ever
Thirty-fifth Convention of the DioJasting rest. The The agony of dissolution
cess of New York, held in Trinity is closed, the triumph of faith complet
Church, New-York, on the 16th, 17th, ed, and the conquering spirit hastens to
and 18th of October, 1821. her crown. Upon the confines of the [Continued from page 110.] heavenly world, a form divinely fair Report of the Committee on Mr. Sherred's .
Legacy. ment at the dazzling glory of this ce- The Committee to whom it was referred to lestial inhabitant, and as yet a stranger take such measures as they might deem expein the world of spirits, she inquires-Is dient with respect to the legacy of the late Jathis Gabriel, chief of all the heavenly cob Sherred, Esq. report to the Board of Ma. hosts, and am I honoured with his äid the benefit of Mr. Sherred's bounty, underto guide me to the throne of God? stood to have been set up on the part of the With a smile of ineffable delight, such
theological institution established in Connecti.
cut, under the authority of the General Conas gives fresh beauty to an angel's vention, and of professional opinions appearing countenance, the mystic form replies, to have been prooured by the trustees of that Dost thou remember little Elizabeth,
institution in reference to those claims, the Com.
mittee deemed it advisable to submit the will who was in yonder world a Sunday of Mr. Sherred, and a brief statement of the scholar in thy class ? Dost thou recol- facts connected with it, to several distinguished lect the child who wept as thou talk
counsel in this city.
This course waz pursued ; and the case edst to her of sin, and directed her to stated, with opinions given on it, are herewith the cross of the dying Redeemer? God lid before the Board of Managers. smiled with approbation upon thy ef
The Committee are not aware that any.
measures can now be advantageously taken on fort, and by his own Spirit sealed the
the part of the managers of this institution in impression upon her heart in charac, relation to this subject. When the time alters never to be effaced. . Providence
lowed by law for the payment of demands of removed her from beneath thy care, be for them to inake application to the executors,
this nature shall have elapsed, it will be proper fore the fruit of thy labour was visible. and upon the result of this application will de The seed, however, had taken root, pend the
further measures which it may be ex
pedient for them to pursue. and it was the business of another to
All which is respectfully submitted. water what thou didst sow. Cherished
On behalf of the Committee, by the influence of heaven, the plant of
T. L. OGDEN. religion flourished in her heart, and shed its fragrance upon her character.
CASE, Piety, after guarding her from the Il'ith Mr. Harison's Opinion on Nir. Sher
réd's iVill. snares of youth, cheered her amidst the
Mr. Jacob Sherred, late of the city of Newaccumulated trials of an afilicted life,
York, by his will, dated 28th January, 1820, supported her amidst the agonies of her bequeathed his residuary estates for the benefit
of a theological school. The entire clause con- The committee reported accordingly, and a taining this bequest is here given :
society was established by the Convention, The testator, after devising the house and and a constitution adopted for its governa lot in Broad-street, in which he resided, to ment, which will be found in page 25 of the his wife, devised all the residue of his real eg. Journals. tate to his executors, upon trust, to sell the The trustees of the society, as organized by Same, and the proceeds thereof to be con- the Convention, held their first meeting on the sidered part of and subject to the disposition 24th of October, 1820, and appointed a comtherein after made of and concerning his per- mittee to draft and report a system of bye-laws. sonal estate.
They met again on the 27th of October, After sundry bequests, testator then be- when a set of bye-laws was reported and queaths as follows:
adopted, and a Board of Managers was appoint66 And as to all the rest, residue, and re- ed, in pursuance of the 4th article of the conmainder of my personal estate and effects, not stitution. otherwise disposed of by this my will, I give The Board of Managers met on the 28th o and bequeath the same and every part thereof October, and committees of finance and educaunto my said executors, their executors, ad- tion, and a library committee, were severally ministrators, and assigns, upon the trusts and appointed. for the intrusts and purposes herein after ex- On the 8th of February, 1821, the Managers pressed and deelared of and concerning the in purstance of the 4th bye-law, passed a resame; that is, úpon trust that they do and solution, locating the interior school at Geueva, shall place the same at interest upon real secu- and also adopted a plan of study to be pursued rity, or invest the same in the purchase of six in the seminary to be established in the city of per cent. or other public stocks of the United New York States, or of the State of New York, or the At a subsequent meeting, held on the 26th stock or stocks of banking or other incorporated of April, alterations were made in the arrangecompanies, at their discretion; and that they do ments of the professorships, various regulae and shall, in like manner, from time to time, tions were adopted in relation to both schools, invest or place at interest, in like stocks or se- and professors were nominated in each. curities, the interest or dividends arising there. On the 4th of May the nominations previously from, so as to produce as great an accumula- made were confirmed. tion of capital as reasonably may be in the na- On the 18th of May, instruction was comture of compound interest, until there shall be menced in the city of New-York upon the plan established, within the State of New York, un- adopled by the Board of Managers, and inder the direction, or by the authority of the Ge- struction has also been commenoed at Geneva. neral Convention of the Protestant Episcopal Church in the United States of America, or of The opinion of counsel is requested on the the Convention of the Protestant Episcopal following Questions. Church in the State of New-York, a college, 1. Is the theological institution, now estaacademy, school, or seminary, for the education blished in the State of New-York, in the mad: of young men designed for holy orders in the ner above stated, such a college, academy, Protestant Episcopal Church in the United school, or seminary, as answers the description States of America; and upon such college, of the cestui que trusts contained in Mr. academy, school, or seminary, being so esta- Sherred's will? blished, then, upon the further trust, that they 2. If this should be doubtful, can any defect do and shall pay or transfer all such stocks and in its establishment or organization be cured by securities to the trustees, directoi's, or mana- any further act or proceedings of the Convengers, for the time being, of such college, aca- tion of the Protestant Episcopal Church in the demy, school, or seminary, or their
treasurer, State of New York? or other officer thereto authorized, for the use 3. If a seminary for theological education and purposes of such college, academy, school, shall first, after Mr Sherred's death, be estaor seminary, and for which the receipt of any blished in the State of New York, within the three or more of such trustees, directors, or purview of his will, and under the authority of managers, as my said executors shall, in their the State Convention, can the rights of that discretion, deem it expedient to l'equire of seminary be divested or defeated by the subse+ such treasurer, or other officer thereto autho: quent establishment of a seminary for similar rized, shall be a sufficient discharge to my said purposes under the authority of the General executory.”
Convention of the Protestant' Episcopal At the date of this will there was a theologi, Church? cal school in the city of New-York, established Answer. My attention having been di. under the authority of the General Convention rected to the above questions, as arising upon of the Protestant Episcopal Church.
Mr. Sherred's will, I have given to them the In May, 1820, this school was removed to most serious consideration ; and my opinion, New-Haven under the same authority.
although confined to those questions, will, I In July, 1820, the subject of a diocesan school, think, comprehend every necessary informato be established within the State of New- tion relating to any conflicting claims that may York, was brought before the Episcopalians of arise with respect to Mr. Sherred's benevothat State, in a pastoral letter of Bishop Ho- lent intentions, between the institntion above bart, and also, in October following, in an ad- described, which is established in the State of dress delivered by him at the opening of the New-York, and any other that might hereafter State Convention. See Journals, p. 16. be established by a General Convention. I have
Upon this address, a committee was ap- taken up those questions in the order in which pointed to prepare, and report to the Conven- they have been proposed, and upon them am tion, a plan for theological education in the dio- of opinion eess of New-York. See Journals, p. 23.
Ist. That the theological institution existing This societs,
in the State of New-York, and establishe] 15 ander te
won New. above mentioned, is such a seminary for tho York at he tiene of his death, it is not neces. education of young men designed for holy or- Cary row to insure; as, anglican preders in the Protestant Episcopal Church in the viously removed to New-haven, it is clear that United States of America, as is designated by it thereby lost whatever right it might other. Mr. Sherred's will; and such institution having wise have had to the testator's bounty. There been established under the direction, and by the was no institution, therefore, at the time of authority of the Convention of the Church in Mr. Sherred's death, established by the Gethe State of New York, the trustees or mana- neral Convention, that was capable of taking gers thereof are, in my judgment, the persons
under his will. If this had been the case also described and intended by the will, to take with regard to the State Convention, both what the testator left, or intended, for the be- would have stood on the same footing, and the nefit of such an institution; there being no in- institution contemplated by Mr. Sherreds stitution of the kind established within the will would have remained to be established, and State of New-York under the authority of the thus might have been opened a contest between General Convention, and the one first above the two Conventions, which could first entitle mentioned having been established in the in- itself to the residuary legacy. Fortunately, terim between the date of the will and Mr. however, for the honour and peace of the Sherred's decease. It will be seen that I have Church, it is confidently believed, there is no confined my opinion strictly to the above ques. room for such a contest; because, at the time tion, avoiding wholly the consideration of any of Mr. Sherred's death, there was established case that might have arisen, if there had been by the Convention of this State a theological two schools in existence within the State of institution capable of taking, and therefore ene New-York when Mr. Sherred died; the one titled to the residuary legacy. Under the authority of the General, and the The General Convention removed their other of the State Convention; or if there had seminary from New York to New-Haven in been none under the authority of either, and May, 1820, and the first Convention of this two had been instituted simultaneously, or State which afterwards met, in October folnearly so, by the different authorities above lowing, established a society for “the promomentioned.
tion of theological education, by the establish2dly, I am so well satisfied in respect to the ment of professorships, and by furnishing aid first question, that I shall only say, in answer to candidates for holy orders. to the second, that, in my opinion, there is no established under the direction and by the auneed of, nor can be any use in calling a State thority of the Protestant Episcopal Convention Convention, to cure any defect in the establish. of this State, was completely organized, had ment or organization of the existing institu. founded schools for theological education, and tion; nor do I see that there are any material prescribed the course of study in one of them, defects in that institution that can affect any at the time of Mr. Sherred's death. Since question under Mr. Sherred's will.
that time the system previously contemplated 3dly. I am so fully of opinion, that no future has become complete, by the appointment of establishment of a seminary, such as is de professors, and by actually commencing in the scribed in Mr. Sherred's will, hy or under the New-York school the plan of education alauthority of the General Convention, can di- ready prescribed, and continuing it in a duo vest or defeat'any rights of the already existing course of execution. Now, if the bequest had institution in the State of New York. The as- been confined to an institution of the kind mensembling of a General Convention for such tioned in Mr. Sherred's will, established by the purpose, and with such views, must, there. Convention of this State alone, withoui any fore, be at least an unnecessary and fruitless, if reference to the General Convention, it is prénot a mischievous measure, if it cannot con- sumed no doubt could be entertained of the tribute to the acquisition of any portion of Mr. capacity of the one established, organized, and Sherred's property for an academy, school, in actual operation, as above stated, to take college, or seminary, to be established by the under the will. How then can the circumstance General Convention, (of which I am perfectly of coupling the General with the State Cou. convinced,) there can be no reason for incurring vention, and putting the establishment of the the expense, fatigues, and risk of an extra- contemplated institution in the alternative, ordinary Convention.
make any difference? The testator meant to RICHARD HARISON. provide for a theological institution within this New-York, 25th June, 1821.
State, to be established under the authority cither of the General or State Convention.
The General Convention, to be sure, is
named first, as it was natural and respectful Mr. Wells's Opinion on Mr. Sherred's Will.
that it should be; but that circumstance gave I have read the case stated for the opinion of no preference or right of election to that body counsel on the clause in Mr. Sherred's will be- over the State Convention. The bequest is queathing “his residuary estate for the benefit merely in the alternative as regards the two of a theological school,” and the different docu- Conventions; but the moment either had exerments and proceedings referred to; and have cised their power, and created the institution ing carefully reflecteil on the questions sub- the testator contemplated, it was entitled to the joined to the case, proceed to state my opinion funds he had set apart for its use. This is fure thereon.
ther manifest from the explicit direction which Whether the theological school which, at the the testator gives, that “ upon such college, date of Mr. Sherred's will, was established in academy, school, or seminary being so esta. the city of New-York by the General Con- blished the legacy shall be paid to the per. vention of the Protestant Episcopal Church, sons intrusted with its management. The word would not have taken as the residuary legatee 80 refers to the mode of esta!'lishing antece.
dently pointed out, that is, by the eral or fi m its being first named. One or other of State Convention, whichever shuti? si act. those two bodies must necessarily occupy the The General Convention has ant 20 Pell at all, *st place in the sentence. The precedence is and can only do so by bemg convened for that an habitual courtesy to all superiors, and here purpose. The State Convention had, how given to the superior body in the scale of the ever, even at the time of Mr. Sherred's Church government. It has arisen from the death, and especially, by the subsequent pro. ordinary modus et norma loquendi, and not ceedings under their authority, has acted fully from any preference in the testator's mind as on the subject. They had established by their to the subject of his bequest. Indeed, such a direetions, and under their authority, an insti- circumstance has always been regarded as too tution of the kind contemplated by the testator, slight a foundation for any inference. If he at the time of his death, and have since put it intended'a preference, it is natural to suppose into practical operation. In my opinion, there. that he would have expressed it, as there fore, the theological institution that has been would have been no difficulty in his doing so. "so established," does in every respect "an. Indeed, I think he has done so, and that the swer the description of the cestui que trusts in motives of his preference are manifest. It is Mr. Sherred's will, and is entitled to the rė. not in favour of one over the other body, but siduary legacy contained in it.”
in favour of the establishment's being made in 2. As I do not perceive any defect in the es. this State, and speedily made. He has shown his tablishment or organization of the theological intention to be, that whichever of those bodies institution established under the directions and should first meet his views in that respect, authority of the Convention of this State, I should, on that account, and that only, be precannot point out any that require to " be ferred. Although it may be the duty of the
General Convention, as the superior body, to 3. If the theological institution established in prescribe the course of education, and the quathis State be capable of taking under Mr. sification of candidates for holy orders by gene Sherred's will, as I have already expressed my ral rules, and as general measures of Church opinion that it is, the right to the legacy has government, yet that affords no reason to sup.. become vested, and it would not be in the power pose that they possessed the greatest share of of the General Convention, by establishing his confidence for carrying those rules into ef: within this State a smiliar institution, to divest fect, in any particular and practical institution. or defeat the previously vested rights under If he had intended such a preference, he might the State Convention. When, too, it is con- well have adopted the form of bequest substisidered, that the Convention of this State had tuted in that circular for his actual language, not only determined on a theological institution viz. “A seminary to be established within the of its own, but had actually established and or- State of New
York, by the authority and unganized one, and that measures had been taken der the direction of the General Convention, to insure its successful operation, before Mr. and that in default of that Convention to esta Sherred's death, and without the least know. blish and assume the direction of such a semiledge or intimation of the liberal provision in pary, that it should go to a seminary there to his will on that subject, it is not to be supposed be established by the authority and under the that any attempt would be made by the Ge- direction of the Convention of the State of neral Convention to deprive the State institu- New-York”-or, as at the date of his will, the tion of a bounty which has thus come in aid of General Convention had taken steps for esta a plan previously formed, and since carried into blishing such a school, and great differences of complete operation.
opinion existed about removing it out of this
JOHN WELLS. State, if he had contemplated such a preferNew-York, July 23d, 1821.
ence, he would have especially named that institution, and given his bounty to it in the first
instance, ifit should be continued in this State Messrs. Emmet and Hoffman's Opinions un
but if not, then to any such institution that Mr. Sherred's Will.
might be established here by the State Conven
tion. It seems to follow, then, that as he has I have attentively considered the case pre- done neither of those things, although either pared for the opinion of counsel, relative to the might easily have been done, the presamption residuary bequest in Mr. Sherréd's will. If the is extremely strong that he had no such preaccompanying circular marked A did not lead ference, at least in favour of the General Conme to suppose that “the Trustees of the Ge- vention. In truth, there was not, and could neral Theological Seminary” had obtained opi- not be, any motive, except caprice, for any nions favourable to their pretensions from some such preference. Either Convention was amdistinguished jurists in the United States, I ply competent, and perhaps each equally comshould not have thought it necessary for me to petent, to establish and superintend the charity do more than to express a very short, but ex- When both were fully and equally capable of plicit opinion in favour of the right of the Pro- carrying his project of a mere seminary into eftestant Episcopal Theological School establish- fect, I see no reason for saying that a donation ed under the authority of the State Convention to the superior body, (which, by the bye, is reto that legacy. Although the reasoning given moved one degree farther than the inferior in that circular, as emanating from those gen- body from superintendence over the place in llemen, has not produced any doubts in my which it was his primary wish to have it estamind, yet a respect for their character and blished,) is more likely to be in accordance with standing induces me to preface my own opinion the views and considerations which commonly with some observations on the reasoning attri- influence donors, than one to the inferior body. buted to them.
His objects were the location of the school in No preference in favour of the General this state, and its speedy establishment. As Convention can, I think, be reasonably inferred he contemplaced that a great good would fronu