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wards the Superintendents, Teachers, and Directors, to whose instrumentality, in their respective schools, a degree of this blessed effect is, under God, to be attributed. They look with particular satisfaction to those schools in which the hands of the Superintendents and Teachers are strengthened by the cooperation of Directors chosen from the congregations, who interest themselves in procuring scholars, enforcing the attendance of those already enrolled, and by their presence, superintendence, and example, insuring their correct and devout deportment during divine service. They earnestly hope that the good work may not be hindered through want of willingness to aid it in these several departments.

The Board feel it their duty to solicit for the Society a continuance of the pecuniary patronage which has enabled it to prosecute thus far, and to some considerable degree of benefit, its important objects. It must be obvious that in the instruction of more than 1300 pupils, a large supply of books is necessary. Although these are of a very cheap description, yet the requisite number is no small item of expense. This circumstance, added to the indispensable distribution of premiums, and various necessary accommodations for the several schools, urges the claim of this charity to a liberal portion of the appropriations made by the members of the Church to pious and benevolent objects. Our treasury is now exhausted; but we look with confidence for the means of farther prosecuting this best of charities, to contributions for which the several congregations in our union will soon be solicited.

The Board, in conclusion, offer the humble prayer, and hope that it may be the prayer of the whole portion of the Church which they represent, that the divine blessing may rest on our Society, and that it may be the honoured instrument in the hands of the great Author of our salvation, of bringing many sons unto glory.

Signed by order of the Board,
J. H. HOBART, President.
Attest,
THOMAS N. STANFORD, Sec'ry.
New-York, Thursday before Easter,
April 4, 1822.

Poor Eliza.

(From Notes to M'Comb's School of the Sabbath.)

BEFORE the removal of the Belfast Sunday School from Smithfield to Brown-street, and about the commencement of teaching in the former place, the author, in addition to many marks of providential kindness, experienced during his labours in that field of usefulness, admitted to his class a little girl, named Eliza H. She was totally ignorant on admission, but by close application to her lessons, aided by a docile and tractable disposi tion, she soon overcame the drudgery of the first classes, and distinguished herself in a very superior manner at the different public examinations of the institution. On one of these occasions, she gained a Bible, as a premium for proficiency in reading and recitation of Scripture. This book became to her a treasure indeed-furnished her with an answer to every inquiry-guided her through early life-comforted her in sickness and supported her in death. And although its precious truths were unknown in the habitation of her parents, she fondly hoped, that by her frequent reading to them, it would be yet received as the "messenger of glad tidings."

Poor Eliza lived not to have her hopes matured. Naturally of a delicate constitution, and subject to asthmatical affection, she sunk under a load of afflictions too weighty for her early sensibility. Her sister, a girl considerably her senior, who entered the school shortly after Eliza, but was expelled for improper conduct, about this time became an abandoned prostitute; and, what was still more lamentable, her rents, instead of discountenancing her vice, became partners in her guilt, and actually were in the habit of receiving the very wages of her iniquity.

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This was too severe a shock for the virtuous mind of the sainted Eliza. She took to her bed, and a few days before her death desired to see me. I will never forget the affectionate look with which she welcomed my arrival; it repaid me, in a moment, for all the years of anxiety and toil which I had devoted to Sunday school education. Supported

on her bed by pillows, her emaciated arms bore up her Bible. "You are not companionless, my dear child," said I. "No," she exclaimed

"Precious Bible! what a treasure
Does the word of God afford!
All I want for life or pleasure,
Food and medicine, shield and sword.
Let the world account me poor,
Having this, I want no more.'

She had scarcely repeated these lines, when she immediately expired. The happy death of Eliza, and the strange coincidence of the name, presents to my view the glowing picture drawn by the masterly hand of the pious James, when representing a faithful teacher entering on the scenes of immortality:

"My fancy has sometimes presented me with this picture of a faithful teach

er's entrance to the state of her ever

lasting rest. The The agony of dissolution is closed, the triumph of faith completed, and the conquering spirit hastens to her crown. Upon the confines of the heavenly world, a form divinely fair awaits her arrival. Rapt in astonishment at the dazzling glory of this celestial inhabitant, and as yet a stranger in the world of spirits, she inquires-Is this Gabriel, chief of all the heavenly hosts, and am I honoured with his aid to guide me to the throne of God? With a smile of ineffable delight, such as gives fresh beauty to an angel's countenance, the mystic form replies, Dost thou remember little Elizabeth, who was in yonder world a Sunday scholar in thy class? Dost thou recollect the child who wept as thou talkedst to her of sin, and directed her to the cross of the dying Redeemer? God smiled with approbation upon thy effort, and by his own Spirit sealed the impression upon her heart in characters never to be effaced. Providence removed her from beneath thy care, before the fruit of thy labour was visible. The seed, however, had taken root, and it was the business of another to water what thou didst sow. Cherished by the influence of heaven, the plant of religion flourished in her heart, and shed its fragrance upon her character. Piety, after guarding her from the snares of youth, cheered her amidst the accumulated trials of an afflicted life, supported her amidst the agonies of her

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last conflict, and elevated her to the mansions of immortality: and now behold before thee the glorified spirit of that poor child, who, under God, owes the eternal life on which she has lately entered, to thy faithful labours in the Sunday school; and who is now sent by our Redeemer to introduce thee to the world of glory, as thy first and least reward for guiding the once thoughtless, ignorant, wicked Elizabeth, to the world of grace. Hail, happy spirit! Hail, favoured of the Lord! Hail, deliverer of my soul! Hail, to the world of eternal glory!" "

Abstract of the Proceedings of the Thirty-fifth Convention of the Dio cess of New-York, held in Trinity Church, New-York, on the 16th, 17th, and 18th of October, 1821.

[Continued from page 110.] Report of the Committee on Mr. Sherred's Legacy.

The Committee to whom it was referred to take such measures as they might deem expedient with respect to the legacy of the late Janagers, that, in consequence of the claims to cob Sherred, Esq. report to the Board of Ma the benefit of Mr. Sherred's bounty, understood to have been set up on the part of the cut, under the authority of the General Contheological institution established in Connectivention, and of professional opinions appearing to have been procured by the trustees of that mittee deemed it advisable to submit the will institution in reference to those claims, the Comof Mr. Sherred, and a brief statement of the facts connected with it, to several distinguished counsel in this city.

This course was pursued; and the case stated, with opinions given on it, are herewith laid before the Board of Managers.

The Committee are not aware that any measures can now be advantageously taken on the part of the managers of this institution in relation to this subject. When the time allowed by law for the payment of demands of this nature shall have elapsed, it will be proper for them to make application to the executors, and upon the result of this application will de pend the further measures which it may be ex pedient for them to pursue.

All which is respectfully submitted.
On behalf of the Committee,
T. L. OGDEN.

CASE,

With Mr. Harison's Opinion on Mr. Sherred's Will."

York, by his will, dated 28th January, 1820, Mr. Jacob Sherred, late of the city of Newbequeathed his residuary estates for the benett

of a theological school. The entire clause containing this bequest is here given:

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The testator, after devising the house and lot in Broad-street, in which he resided, to his wife, devised all the residue of his real estate to his executors, upon trust, to sell the same, and the proceeds thereof to be considered part of and subject to the disposition therein after made of and concerning his personal estate.

After sundry bequests, testator then bequeaths as follows:

"And as to all the rest, residue, and remainder of my personal estate and effects, not otherwise disposed of by this my will, I give and bequeath the same and every part thereof unto my said executors, their executors, administrators, and assigns, upon the trusts and for the intrusts and purposes herein after expressed and declared of and concerning the same; that is, upon trust that they do and shall place the same at interest upon real security, or invest the same in the purchase of six per cent. or other public stocks of the United States, or of the State of New-York, or the stock or stocks of banking or other incorporated companies, at their discretion; and that they do and shall, in like manner, from time to time, invest or place at interest, in like stocks or securities, the interest or dividends arising therefrom, so as to produce as great an accumulation of capital as reasonably may be in the nature of compound interest, until there shall be established, within the State of New-York, under the direction, or by the authority of the General Convention of the Protestant Episcopal Church in the United States of America, or of the Convention of the Protestant Episcopal Church in the State of New-York, a college, academy, school, or seminary, for the education of young men designed for holy orders in the Protestant Episcopal Church in the United States of America; and upon such college, academy, school, or seminary, being so esta blished, then, upon the further trust, that they do and shall pay or transfer all such stocks and securities to the trustees, directors, or managers, for the time being, of such college, academy, school, or seminary, or their treasurer, or other officer thereto authorized, for the use and purposes of such college, academy, school, or seminary, and for which the receipt of any three or more of such trustees, directors, or managers, as my said executors shall, in their discretion, deem it expedient to require of such treasurer, or other officer thereto authorized, shall be a sufficient discharge to my said executors."

At the date of this will there was a theologi cal school in the city of New-York, established under the authority of the General Convention of the Protestant Episcopal Church.

In May, 1820, this school was removed to New-Haven under the same authority.

In July, 1820, the subject of a diocesan school, fo be established within the State of NewYork, was brought before the Episcopalians of that State, in a pastoral letter of Bishop Hobart, and also, in October following, in an address delivered by him at the opening of the State Convention. See Journals, p. 16.

Upon this address, a committee was appointed to prepare, and report to the Convention, a plan for theological education in the dioeess of New-York. See Journals, p. 27.

The committee reported accordingly, and a society was established by the Convention, and a constitution adopted for its government, which will be found in page 25 of the Journals.

The trustees of the society, as organized by the Convention, held their first meeting on the 24th of October, 1820, and appointed a committee to draft and report a system of bye-laws.

They met again on the 27th of October, when a set of bye-laws was reported and adopted, and a Board of Managers was appointed, in pursuance of the 4th article of the constitution.

The Board of Managers met on the 28th of October, and committees of finance and education, and a library committee, were severally appointed.

On the 8th of February, 1821, the Managers in pursuance of the 4th bye-law, passed a resolution, locating the interior school at Geueva, and also adopted a plan of study to be pursued in the seminary to be established in the city of New-York

At a subsequent meeting, held on the 26th of April, alterations were made in the arrangements of the professorships, various regulations were adopted in relation to both schools, and professors were nominated in each.

On the 4th of May the nominations previously made were confirmed.

On the 18th of May, instruction was commenced in the city of New-York upon the plan adopted by the Board of Managers, and instruction has also been commenced at Geneva.

The opinion of counsel is requested on the following Questions.

1. Is the theological institution, now esta blished in the State of New-York, in the man ner above stated, such a college, academy, school, or seminary, as answers the description of the cestui que trusts contained in Mr. Sherred's will?'

2. If this should be doubtful, can any defect in its establishment or organization be cured by any further act or proceedings of the Convention of the Protestant Episcopal Church in the State of New-York?

3. If a seminary for theological education shall first, after Mr. Sherred's death, be esta blished in the State of New-York, within the purview of his will, and under the authority of the State Convention, can the rights of that seminary be divested or defeated by the subse quent establishment of a seminary for similar purposes under the authority of the General Convention of the Protestant Episcopal Church?

Answer. My attention having been dis rected to the above questions, as arising upon Mr. Sherred's will, I have given to them the most serious consideration; and my opinion, although confined to those questions, will, I think, comprehend every necessary information relating to any conflicting claims that may arise with respect to Mr. Sherred's benevo lent intentions, between the institution above described, which is established in the State of New-York, and any other that might hereafter be established by a General Convention. I have taken up those questions in the order in which they have been proposed, and upon them am of opinion

1st. That the theological institution existing

in the State of New-York, and established as above mentioned, is such a seminary for the education of young men designed for holy orders in the Protestant Episcopal Church in the United States of America, as is designated by Mr. Sherred's will; and such institution having been established under the direction, and by the authority of the Convention of the Church in the State of New-York, the trustees or managers thereof are, in my judgment, the persons described and intended by the will, to take what the testator left, or intended, for the benefit of such an institution; there being no institution of the kind established within the State of New-York under the authority of the General Convention, and the one first above mentioned having been established in the interim between the date of the will and Mr. Sherred's decease. It will be seen that I have confined my opinion strictly to the above question, avoiding wholly the consideration of any case that might have arisen, if there had been two schools in existence within the State of New-York when Mr. Sherred died; the one under the authority of the General, and the other of the State Convention; or if there had been none under the authority of either, and two had been instituted simultaneously, or nearly so, by the different authorities above mentioned.

2dly, I am so well satisfied in respect to the first question, that I shall only say, in answer to the second, that, in my opinion, there is no need of, nor can be any use in calling a State Convention, to cure any defect in the establishment or organization of the existing institution; nor do I see that there are any material defects in that institution that can affect any question under Mr. Sherred's will.

3dly. I am so fully of opinion, that no future establishment of a seminary, such as is de scribed in Mr. Sherred's will, hy or under the authority of the General Convention, can divest or defeat any rights of the already existing institution in the State of New-York. The assembling of a General Convention for such purpose, and with such views, must, therefore, be at least an unnecessary and fruitless, if not a mischievous measure, If it cannot contribute to the acquisition of any portion of Mr. Sherred's property for an academy, school, college, or seminary, to be established by the General Convention, (of which I am perfectly convinced,) there can be no reason for incurring the expense, fatigues, and risk of an extraordinary Convention.

RICHARD HARISON.

New-York, 25th June, 1821.

Mr. Wells's Opinion on Mr. Sherred's Will.

I have read the case stated for the opinion of counsel on the clause in Mr. Sherred's will bequeathing "his residuary estate for the benefit of a theological school," and the different documents and proceedings referred to; and having carefully reflected on the questions subjoined to the case, proceed to state my opinion thereon.

Whether the theological school which, at the date of Mr. Sherred's will, was established in the city of New-York by the General Convention of the Protestant Episcopal Church, would not have taken as the residuary legatee

under that will, if it had emote in New York at the time of his death, it is not necessary now to luquire; because, having been previously removed to New-Haven, it is clear that it thereby lost whatever right it might otherwise have had to the testator's bounty. There was no institution, therefore, at the time of Mr. Sherred's death, established by the General Convention, that was capable of taking under his will. If this had been the case also with regard to the State Convention, both would have stood on the same footing, and the institution contemplated by Mr. Sherred's will would have remained to be established, and thus might have been opened a contest between the two Conventions, which could first entitle itself to the residuary legacy. Fortunately, however, for the honour and peace of the Church, it is confidently believed, there is no room for such a contest; because, at the time of Mr. Sherred's death, there was established by the Convention of this State a theological institution capable of taking, and therefore entitled to the residuary legacy.

The General Convention removed their seminary from New-York to New-Haven in May, 1820, and the first Convention of this State which afterwards met, in October following, established a society for "the promotion of theological education, by the establishment of professorships, and by furnishing aid to candidates for holy orders." This society, established under the direction and by the authority of the Protestant Episcopal Convention of this State, was completely organized, had founded schools for theological education, and prescribed the course of study in one of them, at the time of Mr. Sherred's death. Since that time the system previously contemplated has become complete, by the appointment of professors, and by actually commencing in the New-York school the plan of education already prescribed, and continuing it in a due course of execution. Now, if the bequest had been confined to an institution of the kind mentioned in Mr. Sherred's will, established by the Convention of this State alone, without any reference to the General Convention, it is presumed no doubt could be entertained of the capacity of the one established, organized, and in actual operation, as above stated, to take under the will. How then can the circumstance of coupling the General with the State Con vention, and putting the establishment of the contemplated institution in the alternative, make any difference? The testator meant to provide for a theological institution within this State, to be established under the authority either of the General or State Convention.

The General Convention, to be sure, is named first, as it was natural and respectful that it should be; but that circumstance gave no preference or right of election to that body over the State Convention. The bequest is merely in the alternative as regards the two Conventions; but the moment either had exercised their power, and created the institution the testator contemplated, it was entitled to the funds he had set apart for its use. This is further manifest from the explicit direction which the testator gives, that "upon such college, academy, school, or seminary being so esta blished," the legacy shall be paid to the persons intrusted with its management. The word 80 refers to the mode of establishing antece

dently pointed out, that is, by the Cheral or State Convention, whichever shoul! Best act. The General Convention has not acted at all, and can only do so by being convened for that purpose. The State Convention had, however, even at the time of Mr. Sherred's death, and especially, by the subsequent proceedings under their authority, has acted fully on the subject. They had established by their directions, and under their authority, an institution of the kind contemplated by the testator, at the time of his death, and have since put it into practical operation. In my opinion, therefore, the theological institution that has been "so established," does in every respect 66 swer the description of the cestui que trusts in Mr. Sherred's will, and is entitled to the residuary legacy contained in it."

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2. As I do not perceive any defect in the establishment or organization of the theological institution established under the directions and authority of the Convention of this State, I cannot point out any that require to "be cured."

3. If the theological institution established in this State be capable of taking under Mr. Sherred's will, as I have already expressed my opinion that it is, the right to the legacy has become vested, and it would not be in the power of the General Convention, by establishing within this State a smiliar institution, to divest or defeat the previously vested rights under the State Convention. When, too, it is considered, that the Convention of this State had not only determined on a theological institution of its own, but had actually established and organized one, and that measures had been taken to insure its successful operation, before Mr. Sherred's death, and without the least knowledge or intimation of the liberal provision in his will on that subject, it is not to be supposed that any attempt would be made by the General Convention to deprive the State institution of a bounty which has thus come in aid of a plan previously formed, and since carried into complete operation. New-York, July 23d, 1821.

JOHN WELLS.

Messrs. Emmet and Hoffman's Opinions on Mr. Sherred's Will.

I have attentively considered the case prepared for the opinion of counsel, relative to the residuary bequest in Mr. Sherred's will. If the accompanying circular marked A did not lead me to suppose that "the Trustees of the General Theological Seminary" had obtained opinions favourable to their pretensions from some distinguished jurists in the United States, I should not have thought it necessary for me to do more than to express a very short, but explicit opinion in favour of the right of the Protestant Episcopal Theological School established under the authority of the State Convention to that legacy. Although the reasoning given in that circular, as emanating from those gentlemen, has not produced any doubts in my mind, yet a respect for their character and standing induces me to preface my own opinion with some observations on the reasoning attributed to them.

No preference in favour of the General Convention can, I think, be reasonably inferred

from its being first named. One or other of those two bodies must necessarily occupy the first place in the sentence. The precedence is an habitual courtesy to all superiors, and here given to the superior body in the scale of the Church government. It has arisen from the ordinary modus et norma loquendi, and not from any preference in the testator's mind as to the subject of his bequest. Indeed, such a circumstance has always been regarded as too slight a foundation for any inference. If he intended a preference, it is natural to suppose that he would have expressed it, as there would have been no difficulty in his doing so. Indeed, I think he has done so, and that the motives of his preference are manifest. It is not in favour of one over the other body, but in favour of the establishment's being made in this State, and speedily made. He has shown his intention to be, that whichever of those bodies should first meet his views in that respect, should, on that account, and that only, be preferred. Although it may be the duty of the General Convention, as the superior body, to prescribe the course of education, and the qualification of candidates for holy orders by general rules, and as general measures of Church government, yet that affords no reason to suppose that they possessed the greatest share of his confidence for carrying those rules into ef fect, in any particular and practical institution If he had intended such a preference, he might well have adopted the form of bequest substi tuted in that circular for his actual language, viz. "A seminary to be established within the State of New-York, by the authority and under the direction of the General Convention, and that in default of that Convention to esta blish and assume the direction of such a seminary, that it should go to a seminary there to be established by the authority and under the direction of the Convention of the State of New-York" or, as at the date of his will, the General Convention had taken steps for esta blishing such a school, and great differences of opinion existed about removing it out of this State, if he had contemplated such a preference, he would have especially named that institution, and given his bounty to it in the first instance, ifit should be continued in this State but if not, then to any such institution that might be established here by the State Convention. It seems to follow, then, that as he has done neither of those things, although either might easily have been done, the presumption is extremely strong that he had no such preference, at least in favour of the General Convention. In truth, there was not, and could not be, any motive, except caprice, for any such preference. Either Convention was amply competent, and perhaps each equally com petent, to establish and superintend the charity. When both were fully and equally capable of carrying his project of a mere seminary into ef fect, I see no reason for saying that a donation to the superior body, (which, by the bye, is re moved one degree farther than the inferior body from superintendence over the place in which it was his primary wish to have it established,) is more likely to be in accordance with the views and considerations which commonly influence donors, than one to the inferior body. His objects were the location of the school in this State, and its speedy establishment. As he contemplated that a great good would from

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