Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-06-13

Vestry and Church-W ardens of the parish ,
ct Manchester, in the county OF Chester
6eld,
Overseers of the Poor Of the said County.
MIR. HAY Council for the Appellee)
observed that the parish of Manchester
being vacant, the glebe land held by the
late incumbent must be sold in conformi-
" 10 the act Of January -, 1902 unless
the court should De satisfied that the e-
gis.ature had no right TO pass this law, on
account OF some prohibition which had
been imposed upon them by the stale con-
stitution, or that Of the United Statess
Should either OF these restrictions be pro-
we'd TO exist, he admitted that the court
had the power TO declare this law uncon-
stitutional and void. To prove that those
restrictions dO exist, the Council for the
Appellants had made two points in the
cause: they had contended-- 90 /. a
LIST. That the glebe in question had
been vested in the protestant episcopal
church by the ACT of l748 and that il had
continued to be SO vested until the year
1901. a ..., 3D., .~.tt l. -t., 80
end. That the act of 1902 is inccmpa.
tibie with that clause of the constitution
OF the United States, which declares that
no state shall pass any Ex-post fa6to law
and also with that clause of our own con.
sttution, which distributes the different
functions OF government into the leeisIa-
tive, executive and judiciary departments.
Mr.. Hay proposed to examine, and no.
ped he would be able to refute, each of
those propositions. "- ,..... ,- .t, 10
|. He began by laying down as his lse
frofos't'0n, that The title of the glebe lands
not only 7cas not, but couid not be in fhe
church generally by virtue of the ACT of
l74S. The reason by which he support
ed this proposition was. that The church
established by law in Virginia before the
revolution, was not a coI7iorction capable
OF taking by purchase, either legal or e.
quitable rights. Does the establishment
OF church by law neceS8arily imply the
existence Of ii corhUa' e body f? Surely not.
a simple reference 10 the meaning of the
words themselves will demonstrate that if
does not.
The word church is here employed i'm
fugitive sense its fLoin meaLjng is, a
place or house consecrated by christians
10 religious duties. II is however, COM
monty used as Synonymous to religion
and by the established church of country
We mean the established religion Of the.
country That religion which The govern-
ment sanctions. In different countries.
The established religion has obtained very
different degrees and kinds of political fa-
vor- In cur own country this sanction was
| awarded to II in two ways: LIST. By per-
hitting IFS ministers alone TO hreach its
religious doctrine, as was expressly or
dai ed By the act Of 1912: or, Cd. bv all
lowing its minist, rs alone, a snhhort at
the expense OF the nation at large, as we,
see IN England at the present day. In
no otheF way was the episcopallan church.
established IN this country. Take away
from 1t these two privileges, and all it's
establishment ceases at once.
| Now, 1t is obvious that the first ofthese'
privileges does not erectthe favored sect in-
to corporate body, altho' it might esta-
blsh their religion upon the ruin of all o..
! Their persuasions. u.s.. &C.,.
1t is equally obvious, that the last pri.,
vilege Cannot have this efTt6l, in whatever
way we may suppose its ministers to have.
been remUnerated; whether by grant
OF land attached to their Office, OF by an
nual salaries, or by both. f.
1t is admitted that the persons holding
the lands for the be7cft Of the minister
might have been a corporation (or it might
not.) 1t is also true, that the persons
vested with the power Of raising the sa-
laries, might have been enGued with ALI
The attrihses Of corporations. But nei-
Their 'mcac'corporations, nor any other,
which is intended for the promotion of re-
ll6on or the benefit Of ministers, is the
same With the established church itself, or
The same with the favored se6l itself.
The existence &c such corporations does
not necessarily prove that the church it.
self pariakcs Of toe rights Of corporate
body. In the church o. England, many
corporations are TO be found arocnp its va
rious grades and members. Us bishous.
parsons, Wears and churchwardens, par
take OF this corporate oharaciera But if
does not follow that the church of En-
gland itself has ever been Incorporated.
Additional confirmation may be Given
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