The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-05-09

port the ln5nldcriug flbiic 0t dSipotiim.
itwas one ofthotc great monopoleS, which
by hypocritical prcteniions to abitincnce SC
poverty, had extended its territorial rights
over every part of the kingdom. From be-
ing the great depoiitory of the learning of
antiquity and the wildom of modern times,
it had ventured 10 take up arms againlt the
progrefs of reafon, which had begun TO
dart its penetrating beams upon the unhal-
lowed origin of its wealth and power
Thefe men could not have expected to ei-
cape the innovating fpirit, which had given
birth to the revolution, and which had inl-
bibed new vigour from its progrefs. In
this period OF national fervour, perhaps
they might nave had fome reaion to COM
plain that their rights were not efficiently
refpected, becaufe they were not impartial
ly examined. And thus, both the lolles
they fuitained and the period when they
futfered, might have contributed to pro-
duce deep dissatisfaction at the fate, in
which the National Convention was foGci-
tous TO involve them.
Far different will be the public fentiment,
when the i.iue of the fuit now depending
before the Court Of Appeals, is known to
the peOpis Here the church does not con-
ftitute a privileged Clais,- as thefe clafIeS
are found IN the governments or Europe:
Ours contribution, on the contrary, appears
to have paid too little refpe6t TO thofe po-
lItical rights, which no man reiigns tho he
becomes the miniiter of a religious ic6t.-
Our FINAL globes, OF two or three hundred
acres, will not bear>any companion with
the magnificent endowmeRts of the French
church. But what will fill conftitute the
mott important difference is, that in this
country the tribunal, by which the decifon
is to be made, viii have previoufly lifened
TO an ditpaihonate and impartial inyeiti-
CATION OF the merits of the cafe.
Whatever deciGon may be given by the
Court, whether it fubftantiates the rights
OF the tate or the rights of the church, it
cannot rail to produce fome beneficial re.
Tut. Should the award be in favour of the
late, Ii may contribute to an ampler fecu-
rlty Of the rights of confidence, by proving
that our Laws and Bill of Rights will rot
tolerate any permanent inveftittIre of pro-
perty, though iuccefiive Legislatures might
be willing TO bcitow it. Should the award
be on the iide ofthe church, it will afford
m morable lefion to fucceeding legin1tures
or the iieepletS caution which fhould be ex-
erted, when they deliberate upon incorpo-
rating iociety, and ve,fting it with perma-
nent rights.
The Editor, notwithstanding his pro-
found ignorance of the principles & prac-
tee OF the law, could not but perceive the
immenfe importance of thiscaufe, from the
many points of law, and the great constitute
tlonal doctrine which it neceiIarilv involy-
ed. He has experienced fonle folicitude
on this account, to make out a general view
OF the pleadings> of Council and the opini
ons OF the Court; and he has ufed fome ex-
ertions TO accomplish this Object. He ex-
pets that the next number of the EMoUr-
RERwiil commence with this irnperfetf alb
itratt, for the more corapIeat comnrehen-
hon OF which. he Introduces 10 the readers
of this paper, . fiImmary view &C the laws
relative to Globes and Churches; When
this sketch of iudicidl invefigationi firth
ed, as far as the means of his information
VII extend, he Propoies to examine q new
fcheme for religious citablihments, which
has been adopted in fome of the Northern
States, and which has found an able advo-
cate in our own State. (Conclufion ofnote
M inTucker's Blacktone.)