Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-06-02


Mr.. NICHOLAS (Attorney GenerAl) OBJ
served, that no judicial question of great.
or importance had ever been agita,ed in
this state. The Bill Of Complaint allied
ged that the law Of 1901 was void ; and
the court was called upon to pronounce
the decision. This law related to case,
winch was not more interesting from the
value OF the property which it involved,
than from the peculiar tenure by which
that property was said to be held.
He should take a three-fold view ofthe
subjeel. He should examine:
list. The state of the Church and its
rights firior to the revolution.
2nd. The effects which the revolution,
and the bill Of rights, may have had on
them.
Srd. The effects Of the laws since the
revolution and the consequent validity
o. the present act.
l. rhe history of the church and its
rights prior to the revolution, must be
drawn from the laws themselves which
conferred those rights. We shall find that
the act of 1861, CHI. |. directs churches
and chapels Of case to be built for the use
OF the parishes. The act of 1861, CHI. 9.
supplies the practical deficiencies of the
last act, by specifying some method Of de-
fraylng the expense necessary for these
buildings, as It directs that Vestries should
be elected, who were 10 levy an assess
ment upon the parish for mis- and Other
purposes: ii also drecls that fnone should
be admitted to be of The vestry> who do not
subscribe to be conformable to the doc
trine and discipline of the Church of Eng
land" The aGt of 1861, CHI. 8. advances
another step in regulating the government
OF the church, by providing for the cleo
ton OF its ministers; who were 10 "pro-
duce to the governor 4 Testimonial OF their
ordination by some bishop in England,
and subscribe to be coDiormabIe to the
orders and Constitutions of the Church Of
England" The right Of presentation was
given then to any parish, and his induEli-
on by the governor was still necessary to
clothe him with the garb of his holy Of
ice. To provide for the support OF these
ministers, several laws were enacted. the
principal object of which was TO empower
the vestry to levy an assessment upon
their parish, and to purchase a Glebe.-
These Globes were intended for the ust.
Ofthe ministers only. They had the RIGHT
TO sue for trespass on them. Thew had
an estate in them fov life withoutthe right
OF alienation (act Of I748.) The vesir;es
in the mean time, besides their other
functions were appointed for the simple
management OF parochal affairs (a6 of
1861, CHI. 3. Ill his short recital is sufi.
Gent, among other things, TO prove that
there existed in this country an establish
ed church; which was intimately connect
cd with, and dependent upon, the Church
Of England. For why was a conformity
with the English church required from
the vestrymen Of our church WHY was
a testimonial of ordination by some Fnp-
li5h bishop to be required by the governor,
OF any minister, who wished to enter into
the Virginia church Why was he re-
qnlred To subscribe to the orders and con-
stituiions OF the church of England? un.
less this dependency had been already sun.
posed to exist; and unless these laws were
Intended TO maintain that dependencv.-
Eno.her position may be equally we'll es-
tabished' which Gas to the present easel
has strong relation 20 the last position !:
that the English church was intimately
connected with the English government.
Does not the church in England form A
part Of the parliamentary body? Is not the
king called the hcad Of the church? Does
he not appoint the Bishops (Tuc. Bia. l..
$500
.. Let us then (said Mr.. Ny carry along
with Us this recital and these positions, to
the examination OF the question What
elect has our rcUoiuioH had upon these
rights If the revolution destroyed the
government Of England if there was an
intimate connection as well between that
government and the English church, az
between that church and the church OF
virginia, must we not conclude that our
revolution has overset this church. with
emery part OF the political system Of Enc
land in Mis country! Does not this rene.
raj argument acquire additional force in
the present instance, from considering the
particular method, by which the church
ct chs country was kept in operation By
the English government II has been all
ready observed, that no minister could Of.
tclate IN any parish, until he had been