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tions to the funds of the institution, deemed it their duty to take immediate measures to ascertain whether it was the intention of the testator to endow the institution with which they were connected. They accordingly sent exemplifications of the will to gentlemen learned in the law, in various parts of the United States, requesting them to give their opinions on the matters at issue. A request was also made to the Bishop of Connecticut, by three Trustees, that he would summon a special meeting of the Board for the purpose of receiving and comparing such opinions, and taking such proper measures, as were or might be suggested by the same, in order to secure the bequest to the general seminary. The Trustees have accordingly met, and have received the opinions, some written and some verbal, of many of the most distinguished jurists in the United States.

The two questions which are chiefly to be considered, are, First, whether a seminary to be established within the state of New-York, by the General Convention, will be entitled to the bequest, in preference to a seminary es. tablished by the Convention of the state of New-York; and, if so, Secondly, what measures the General Convention ought to adopt to secure the bequests to its own seminary.

Two constructions of the will are contended for. One is, that the testator intended his bounty for 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 establish and assume the direction of such a seminary, then 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. The other construction is, that the testator intended the bequest for the seminary which should be first established within the state of New-York, by the authority and under the direction of either Convention, whichever it might be that should first make the establishment.

The most obvious reasons assigned for the first construction are, that the General Convention is first named, and

may, therefore, reasonably be presumed to have been first and principally in the mind of the testator. The General Convention is the superior body, whose duty it is to prescribe the course of education, and the qualifications of candidates for holy orders, and may well be supposed to have possessed the greatest share of the testator's confidence. A donation in trust to the superior body is more likely to be in accordance with the views and considerations which commonly influence donors, than one to the inferior body. Any other construction leaves the testator's intention entirely doubtful on this point, and it is not probable that he named the two bodies, one of which was to establish and superintend the charity, without intending a preference of one over the other.

On the other hand, it is contended, that the naming of the General Convention first does not denote a preference, because, where two objects are mentioned, for which there is no com mon term, one must necessarily be named before the other. The language also of the will is, that the executors are to retain the fund in their hands, and to reinvest the interest, &c. "until there shall be established, under the authority of the General Convention, or of the State Convention, a college or seminary, &c. and upon such college or seminary being established, then to pay over to its Trustees." The literal meaning, it is contended, of such language is, that whichever Convention should first establish a seminary, conformable to the description in the will, acquires a right to the legacy which cannot be taken away by the subse quent establishment of another. To this it is replied, that from the very terms of the bequest, it evidently appears that the testator was in no hurry to establish a seminary, since he speaks not only of an accumulation of interest, while the property continues in the hands of the executors, but also of an accumulation in the rate of compound interest, which implies its continuance in their hands at least two years after it is vested in the manner required by the testator. And, further, it cannot reasonably be supposed that one who

was so well known to love the prosperity and peace of the Church, meant to hold out his bequest as an invitation to the two Conventions to run a race, or enter into any contest for the priority.

If a seminary, established by the General Convention within the state of New-York, be in equity entitled to the bequest, the second question which remains to be considered respects the measures to be adopted in order to secure it, Whether it be necessary or expedient to call a special meeting of the General Convention as soon as may conveniently be done.

As to the necessity of this measure, there is some diversity of opinion among those who advocate the rights of the General Convention. Some are

of opinion, that the right will not lapse

unless the Convention, at their next regular triennial meeting, should neglect to act upon the bequest; others, on the contrary, think, that the Convention is bound to assemble as soon as can conveniently be done.

But though there is a diversity of opinion as to the necessity of the measure of calling a special meeting of the General Convention, with regard to its expediency there seems to be little or no doubt. Some express themselves in stronger language than others; but most, if not all, agree that a special meeting should immediately be called, and a theological seminary established under its direction and authority within the state of New-York. This opinion has been greatly strengthened in the view of the Trustees by the consideration that the interests of the present general seminary, as well as those of all other parties concerned, require as speedy a decision of the question as possible. The exertions which have hitherto been made with considerable success for increasing the funds of the institution, are now paralized, and must continue to be so, till it is known what course the General Convention will pursue. The Trustees, therefore, have felt it to be their duty, a duty which they owe to the seminary of which they are the guardians, a duty which they owe to their brethren, to the Convention, and to the Church at large, to suggest the propriety of calling a

special meeting of the General Convention, in the manner prescribed by the 42d Canon, and as soon as can conveniently be done. In consequence of this conviction they have passed the following resolution, which they have directed us to transmit to you, with the present circular.

"Resolved, That in the opinion of the Board of Trustees it is expedient that a special meeting of the General Convention be called for the purpose of ascertaining whether any, and what measures shall be taken in relation to the bequest of the late Jacob Sherred, Esq."

THOMAS C. BROWNELL, Chairman HARRY CROSWELL, Secretary.

that the requisition of the several Bi**It being the opinion of counsel shops for the call of a special meeting of the Convention should be uniform, and should state the special object of such meeting, and that they should be preserved in the archives of the General Convention; therefore,

Resolved, That the following form of a requisition be respectfully proposed to each of said Bishops as that which may be proper to send for the aforesaid purpose.

[DATE.]

To the Right Rev. William White, D. D. Presiding Bishop of the Protestant Episcopal Church of the United States.

RIGHT REVERENd Sir,

In consequence of a communication received by me from the Board of Trustees of the Theological Seminary of our Church, agreed to at a meeting of that body, held at New-Haven, on the 24th and 25th days of May last, I have deemed it proper to request that a special meeting of the General Convention of the Protestant Episcopal Church in the United States may be called agreeably to the 42d Canon of said Church; and that such special meeting be held at Philadelphia, at as early a period as may be practicable, for the purpose of taking into consideration the last will and testament of Jacob Sherred, Esq. and determining whether any, and what measures should be taken for the

purpose of obtaining the legacy be-
queathed by him for the purpose of
educating candidates for holy orders
in said Church.
(To be continued.)

The Bishop of Gloucester, Dr. Ryder, is
ranked among those of the Clergy of the
Church who style themselves, or are styled by
way of distinction, (what, indeed, all Clergy-
men ought to be, in the correct sense of the
term), evangelical. Under these impres-
sions of his character, the following extracts
from his second Charge to his Clergy are
highly interesting. In his views of Baptism,
the Bishop carries its benefits as high, as the
warmest advocate of baptismal regeneration
can desire.]

On the Celebration of the Baptismal
Service.

THE higher your views of the benefits conferred, the deeper should be your sense of the responsibility entailed upon all the persons concerned in the office -the more vigilant and solicitous should you be, that the whole heart, in yourselves, and in all the attendants, should ascend with the animating petitions, and that then, if ever, God should be worshipped in spirit and in truth.

Is it, in your view, the moment, when an immortal soul, once "born in sin and the child of wrath,' "* receives a covenanted interest in the atoning blood of the Saviour, and a federal right to supplicate for its application in every future case of repented sin? Is it, in your view, the moment, when an immortal soul by nature "inclined to evil," and "unable to help itself," obtains a title through Christ to the promise of the Holy Spirit; and thus has secured to it in after-life the offer of ability to believe, to love, and to serve * God, to resist sin and Satan, to be united to Jesus Christ here, and to be fellow-heir with him to all eternity? Is it such a moment in your view? And can the fervour of gratitude for the present unspeakable gift, the earnestness of supplication that the person thus gifted "may lead the rest of his life ac

Baptismal Service. Ninth Article.
Collect for 2d Sunday in Lent.

cording to this beginning"-can this fervour, this earnestness, be unbecoming, be otherwise than indispensably requisite? Your own sense of duty will, I hope, lead you to cultivate such a devotional frame of mind, at each celebration of this our primary sacrament, and forcibly to exhort your parishioners to endeavour after the same qualification in themselves, and to select, as much as possible, none but sponsors of similar views and sentiments. From souls thus congenial, the united fervent prayer would avail much; and we might hope to see such baptism more often prove the effectual seed, and produce in maturity "the answer of a good conscience towards God."*

On Exhorting to the Communion.

Let him keep the opposite extremes in view. Let him caution his people, on the one hand, against the formal reliance upon an outward ordinance, by which the Papist, we must fear, too often soothes his conscience, and "sins on that grace may abound"-with singular inconsistency, magnifying the nature of the sacrament beyond the limits of sound reason-and, practically at least, lowering the conduct it enjoins below the standard of pure and undefiled religion. Let him caution his people, on the other hand, against such a precise and exalted notion of perfect preparation beforehand, and sinless obedience afterwards, as would keep back the timid but sincere penitent, while, perhaps, the self-deluder and the hypocrite might be brought forward to the serious injury of their souls. Let him warn the Pharisee to withdraw in the fulness of his self-sufficient pride. Let him summon the Publican from the depths of his penitent humiliation : but let him proclaim wilful perseverstinate unbelief, to be the effectual, ance in any one habitual sin, or in obthough the only obstacle, and call none but those who desire to be holy-not only "almost but altogether"-and who see and own that all their pardon and all their strength, all their justifica tion and all their hope, must be in him, of whose body and whose blood they

1 Pet. iii. 21.

are spiritually about to partake. Thus will the minister, at least in this matter, have "declared the whole counsel of God." Thus may he hope to have some communicants, at least, to whom this body of Christ administered by his hands will be "meat indeed," and his blood "drink indeed”—their souls deriving fresh health and strength from each celebration, growing in grace and ripening for glory. Thus will he "feed the flock of God, which he purchased with his own blood," rightly dividing to each their portion" in due season;" ;" and thus may he humbly trust that his faithful communicants, fortified from time to time against each difficulty, trouble, temptation, and peril of the way, will go forward in their heavenward walk-and, being established in faith, and zealous of good works, through the special grace of their Lord, endure unto the end.

On the Service to be used with the Sick. Let the general directions and tenor of the service of the Church itself be kept ever in your view: when it appears to be truly applicable, adhere to its letter, with additions suitable to the particular cases; and where, as you must perceive, deviations are necessary, seek to exhort, to examine, and to pray, almost in the words of the Scriptures, especially the Psalms, the manual of the sick and distressed. Adopt, as far as may be, the language of the Collects and the spirit of the Homilies that spirit, which is at once devotional and practical, which "humbles the sinner, exalts the Saviour, and promotes holiness of heart and life."

From the Churchman's Magazine, for November, 1821. A brief and impartial History of the Protestant Episcopal Church in New-Milford.

As no documents of the origin and progress of this Church have been preserved, the following facts have been collected from the memory of aged persons still residing in the parish, one of whom has nearly attained the age of ninety-three years.

About eighty years ago, or in the
VOL. VI.

year 1741, it is supposed that the Rev, Samuel Johnson, of Stratford, and the Rev. John Beach, of Newtown, both of whom were missionaries from the ve nerable Society in England for the Propagation of the Gospel in Foreign Parts, visited New-Milford, and performed the services of the Church according to the directions of her formulary, preached, and administered the ordinances of our holy religion. At this time there were but six or seven families residing in the town who called themselves Churchmen. These clergymen continued to officiate occasionally for two or three years, and the congregation, through their exertions and the blessing of God, gradually increased.

Now it was, that, though few in numbers, a small house was erected for public worship, at the south end of the street-an event which caused much joy in the little fold, and encouraged them in their future prospects. In this house they continued to assemble for public worship, not only when they were enabled to procure the occasional services of a clergyman, but also for lay reading.

This house was erected about the year 1743 or 1744, according to the best information which can now be obtained. Although the members of this little flock were unable to procure a clergyman to assume the pastoral charge over them, as there were then but few in the New-England colonies, yet they were not unmindful of the promise of their Divine Master"Where two or three are gathered together in my name, there am I in the midst of them."

Thus they went on with cheerful alacrity to perform the weekly services of the sanctuary, till God, by his Providence, opened the way for them to secure for a part of the time the stated pastoral labours of the Rev. Solomon Palmer. He had previously been a settled congregational minister in the town of Norfolk, but had conformed to the Episcopal Church, and been to England for holy orders-and, on his return, was employed as a missionary by the Society already mentioned. They solicited and obtained him to become their teacher and guide in their

7

spiritual concerns, and his settlement amongst them caused much joy and satisfaction in the parish. This event took place about the year 1755, and, through his zeal and labours, the congregation increased very considerably, and there seemed to be a prospect of larger additions to the Church in the course of a few years.

But this prospect, so cheering, was soon obscured; for, the Rev. Mr, Palmer, finding it to be for the general welfare of the Church, left the congregation about four or five years from the time of his settlement, and removed to Litchfield, leaving them again destitute. But, through the goodness of God, they were not permitted to remain long vacant. Mr. Thomas Davis, who went to England to obtain holy orders in 1761, returned on the 16th of January, 1762, clothed with ministerial authority, and under the patronage of the Society for Propagating the Gospel in Foreign Parts, to which the Church in this country is so deeply indebted. In the following spring he assumed the pastoral charge of this, and two or three other parishes, to the great joy of the flock.

Mr. Davis was a man of the strictest integrity-of superior talents and urbanity of manners. In him the congregation placed the fullest confidence; nor were they disappointed in that confidence; for in his public exhibitions and private deportment he was equalled by few, and more than answered their rational expectations. And more than all this, he was eminently pious, and devoted to the cause of Christ, the interests of his Church, and the salvation of his flock. He was greatly beloved by his people, and by all his acquaintances, notwithstanding some differences of opinion between him and the religious sects around him. Under his care the congregation increased very considerably, and it was soon discovered that the house in which he officiated was not sufficiently large for the accommodation of those who assembled there for worship.

Under these circumstances, Mr. Davis began to urge his people to erect another house; nor were his remonstrances in vain. About three years

from the time of his settlement amongst them, or in the year 1765, the parish laid the foundation and erected the frame of the present building, about twenty or thirty rods north of the site occupied by the former church. This was done with the fervent hope and expectation that their worthy pastor and much beloved shepherd would long continue his faithful labours amongst them.

But it appeared in the event that God, in his wise Providence, had otherwise determined; for, in the spring of 1766, their beloved pastor became very ill, and expired on the 12th of May, in the 30th year of his age, to the great grief of his flock, and of all who knew him. Thus, "in the midst of life we are in death."

But he who takes away, even the God of the whole earth, can give new blessing, as was experienced in the present instance; for, in the following year, 1767, the Rev. Richard Clark, another missionary from the Propagation Society in England, visited the parish by their desire, and in the course of a few weeks was elected their pastor, and commenced his labours on the 21st of June in the same year.

In conjunction with this, he had the pastoral care of some of the neighbouring parishes, and continued in his station through the Revolutionary War, during which he suffered many privations in consequence of his attachment to the people and government of Great Britain--an attachment which he shared in common with his clerical brethren, and the members of the Episcopal Church generally. At the close of the war he was deprived of the stipulated sum of thirty pounds sterling, which he had annually received from the Society in England, and this, with his other troubles, induced him to think of removing within the dominions of the King of Great Britain. This was accomplished in the year 1787, by his removing with his family to Nova-Scotia. Thus the Episcopal Church became again vacant, after enjoying the regular administration of the ordinances of religion about twenty years in succession, under the pastoral care of the Rev. Richard Clark.

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