Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-06-06

Vestrv and Church Wardens of the rar;sb =
field,
overseer' of the Poor the said County.
Mr. WtcEHAM Council for the Appel.
ia"'S observed that there were three cues.
ions IN this cause worthy of consid.rao.
ton
lst. What was the state OF the Church
before the revolution?
2nd' How was it affected by the reyo.
luton and the Bill OF Rights
3rd. What effects have been produced
upon 1t by the a6ls which have been pass.
ed since the revolution?
|. No one will deny that the legislas
'ure mad the power to pass the law of l74s,
"heter ne Considers this question on abb
Stract principles or on tie maxirns which
then prevailed, Before the revolution.
they were not bound by any constitutional
regulations. There was no Bill of Rioh,~
10 prevent the whole legislative authority
OF the state from being vested in them.
ihey might distribute property to az ma
ny persons and in as mauy ways as thew
pIeased.-Ihey might found colleges
they might promote the progress Of lie.
raiure and the arts and the ONLY rule
which they could have possessed in the IL
imitation of those powers, and in the SCI
lection OF the proper Means, was their
own Judgment, calmly deliberatinp uDcrt
the public good. II they chose 10 favor
particular sect Of religion, by ALLOWING.
70 1t the enjoyment of particular priviles
Ses and immunlt'es, there was no con.
stituaonal provision to SCI bounds to their
project: there was none which could ren-
ger voidany such Law, which emanaled from,
! 'helr viii. II they determined that these
dispensatIons Of favor 10 their established
religion should cOnsist Of certain endow.
ment oil property, whether they already
possessed the properly which ;hev ncrc
thus giving away, or whether they were
10 raise IT by PeneraI or partial assess
mcnt; their grand children cannot pro-
perry object tort. II Is vain for the9, to
say that this law passed in '4S, is contra
~ TO the constitution of rs. For on the
same principle may they raise obs clions
10 all our slave laws, which every one
mus admit, are more expressly contra&
ry TO the Bill of Rights. As the leeisIa.
ture had therefore right to give away
ihis property before the revolution, there
can be no doubt that the investiture in the
60HSs becomes as sacred az any other pro-
perry however II may have been acquiredo
The question is nor then whether the Ie.
glslaiure had The right Of vest'ns The pro-
perry of The gIeb-s in any one (! But the
only question is, in 7vhom was tie proper
ty OF the globes really vested The Attor1
ney General has facilitated The Investipa.
ton OF this question, when he appealed
from the strict forms of law to Tie more
liberal rules Of equity. In this view MIR.
w. was Wiling to consider 1t; and he
would then go on 70 enquire in whom
was the beneficial interest OF this proper
ty without regard to legal estate. That
The minister when in possession, had a
! freehold IN the globes is admitted. That
ne had right to take and enjoy the pro.
fits Of those globes, cloathed with the adj
diiionai power of suing for a trespass is
, also true But for whose benefit was he
thus invested With these attributes Of own.
ershlp For his own benefit ?-certairIy
not. They were only conferred on him as
the compensation Of his religious services.
Was it for the benefit of the people of tn.
parish Mo. They were given not for
tho use Of the whole parish ceneraE, but
for the exclusive benefit of I'll he meme
bers oFthe Protestant Episcopal.aa church,
or the church Of England. Sisny Of The
laws which were made Tor the ORIGINAL &C.
taoIlshnert Of the cir'frrh, expressly dc.
clare that it was Cor the be eft of fIts
church,. that TIE property was bcsiowed.
4 Hence the Yestries we're required TO be
con'ormablc To- the doctrine and djscipliue
oF the chufoh Of E1g,and and hence the
ministers were required t. be ordained nv
some English Bishop, and 10 subscribe TO
a conformity to the orders and constitute
ons Of the church oil England. The BRO.
Perty THIS made over TO I've church vas
protected by fixed Laws and lheir RIGHT
10 It vas recongniscd as much az tbat
OF any other property, which civil polty
has uniformly respected. Il was not Civ
en- and protected Coz Temporary purross
o:ly; bn The modes of succession we-e
clearly laid down, 5y which the church
{ might IN al times to come, continue ~
ICl0Iul and er igy the benrT G cr tl,it it,.sfi