Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1802-09-25
RICHMOND.
LAW IxrELLIcExcs.

THEquestion relative 20 the glebe-lands
which has, for many years, excited SO much
attention in this country has beendiscussed
at much length, during the present term
OF the high court OF chancery. At the last
sesssion OF assembly an act passed, declar-
ing That the ovcrseers or the poor, in each
parish, where there WAS no incumbent,
should proceed to sell the glehe, and sp.
ply the money to such purposes as the ma
jorlty of the Pensioners should direct
Since the revolution, frequent attempts
have been made to sell this property, which
was formerly claimed by the church OF
England; and which is now claimed by
the protestant episcopal church, as the
successors Of the church of England The
overseers Of the poor in the parish OF Man.
chester and county of Chesterfield, were
about to proceed to execute The law OF
the last session; and IN order to stop their
proceedings, the church-wardcns and ves-
try o. that parish, applied TO the chaacel-
Tor for an injunction to stay the sale. In
their bill the complainants commended, that
the property IN the glebe was vested in
the vestry and church wardens for the be-
nctit OF the church OF England: that all
the rights Of that church now belonged 10
the protestant episcopal church: that the
Legislature had, by many successive ACTS,
recognized and secured the rights of the
present church; and that the a6t of the
legislature, attempting To devest those
rights, was void.---In opposition TO this, it
was contended--that the revolution had
completely destroyed every thing like an
established church in this country that
the bill ofrights guaranteed the enjoyment
ofreIigious freedom and inhibited any pre-
ference of one sect to another: that the
church OF England being destroyed by the
revolution, the property given to support
&c rsvesred in the community: that the acts
which had passed since the revolution,
some OF which vested the proverty of the
church Of England in the protestant eps-
copal church, ana one of which incorpo-
rated that church, were contrary to
the bill of rights and constitution, and
therefore void: that il followed. that
the act of the last session was valid, and
that the court ought not to award the in
junction.
The cause was argued by Mr.. Randolph
and MIR. Warden on behalf Of the com
plainants; and Mr.. Nicholas, attorney ge-
neral, and Mr.. Heath against them. The
chancellor, after listening with great pa
tience and attention to the arguments on
both sides, proceeded TO give decision
This he did in a comprehensive and mas
terry manner. He examined into the rights
OF the church--the effect of the revolution
on them. He cnquired how far the prin-
Ciples OF civil and religious freedom, as
declared by our bill of rights and secured
by our constitution, were inconsistent with
the pretensions of the church; and their
enjoyment of properly which was origi-
nally given for the support Of an English
hierarchy. Herefuted the arguments which
attempted to shew auy injustice in the ACT
OF the legislature; and demonstrated, that
by restoring the property to be disposed
ofby the majority Of the parishioners, it
calculated the purposes of Justice, with
ont contravening the rights of property, or
violating the approved maxims and rules
of law.------What must have delighted ali
who heard Mr.. Wythe's observations in
rhis case, was, that there shcne conspicu-
Gus, that knowledge Of the true principles
OF our government that ardent attach
Tnent to civil and religious freedom, which
characterized the trainers of our revolu-
ton and which has always adorned the
character OF this venerable sage and patri-
ot.--The result Of Mr. Wythe's argument
was, decision that the law ofthe last ses-
sion was valid; and refusal 70 award an
injunction TO stay the sale OF the glehe OF
the Manchester parish, which was con.
fessedly vacant.
As to the parish Of Loudoun, and orc Of
the parishes OF Fauqu;er, IS the bills sta.
ted tliat they had incumbents at the time
the law passed, and at present, and as they
did not come within the law, provided the
Allegations Of the bills werctrue he awarded
the inwnctions leaving it to the oyerseers
Of the poor to controvert the fact Of incum-
bency hereafter, If they thought fit.
The chancellor di.ested the bill, IN the
case in which the validity of the law was
called in question, to be amended, that the
attorney general, on the part Of the com
monwealth, might be made q party SO
that by demurrer to the bill he might, il
nc chose, bring on the question in such a
shape as would allow an appeal to the court
of appeals, that this subject, which had 50
long agiiated The country, should receive
The solemn decision Of or highest tribu-
pal,
A.. r,pcv.r,xrt,p