The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1821-05-16


on the old stock if any OF il should remain /;
and this new church would succeed to all the
rights OF the old in relation to the parish -
| No particular lumber /, necessary 10 con.ti-
| tute a church, ner is there any established
| Quorum, which would have right to manage
the concerns OF the body. According TO the
Cambridge platform, ch. s, sec. 4, the nun.
Der is 10 be no larger, than can conveniently
meet together In one place, nor ordinarily
tewer than may coTeoicntly carry on church
work. II would seem to follow from the
very structure Of such body as this, which
- mere voluntary association, that diminu.
tion OF numbers will not affect its iden,ty. A
church may exist, ia en ecclesiastical sense,
without any officers, as will be seen in the
platform and without doubt in the same
sense church may be composed only OF fe-
roaes and minors, who have SO civil capacity
The cnly circumslance therefore which-piyes
church any legal character, is its connec-
t'on wilh soma regularly constituted society;
ccsse TO be membcrs OF that particular church
whilc those who femain continue 10 bs the
identical church.
Ii being established that the members of
the church who withd ew from the parish,
ceased 10 DC the first church ia D-dharn, and
that all the rights and dotios Of that body re.
lauve 10 property entrusted TO it, doyolvsd
upon those ueTbets who remained with anL
and adhered 10 the parish, II remains 10 be
considered whether the pialntIfs were duly
chosen Deacons OF that church; end so be-
came entited TO the possession Of the property
as tho trustees under tho statute Of l75A
This was thought TO depend upon the validity
of the settlement and o, daation Of Ms. Lam
son, which took place in Nov. 1919.
The obIsotiun 10 tho settlement Of Mr..
Lamaon rests altogether upon toe supposl,.
ion, that there could be no legal settlement
and ordination Vnsss The church, as distinct
body from the parish 0c cong CATION, had as.
sented TO hi, cali, and concurfcd IN the pco-
cGediOgs preliminary 10 his se,ilemons; aud
II is upon this gtound also that The ordsioiog
council ore supposed 20 have had no authority
In the Wa',c,, they being invited by the par
'sh, and minority Of the members Of tho
church, bot not by the church ilsclf,.to which
body II IS slIedged, belongs. solely tho right
OF convening co1ncl on such occasions.
That the proceeding Of the parish and
council was not comfortable TO the general
Usage OF the county cannot be denied. But
the parish al!egc IN vindies,ion Of their de-
parture from this usage, their constitutional
right 20 elect and cooirsct with their minister
exclusively OF any occurrence or conuo OF
the church, and the necessity they were under
To proceed as they did, because the chursh
had refused to concue wish them in the choics
and IN the irvitaIIoO to the ordaning cosncil.
That the parish have the constitutional right
contended for, cannot b. questioned by those
wao will pursue the clause OF the Sd article
OF the Declaration OF Rights, upon which this
claim Is asserted. Ii 10 there provided, ,s"ih.t
the several towns, parishes, precincts and 9th
ct bodies polite or religious societies, shall
at all times have the exclusive right of elect
ing their pubic teachers and Of contracting
with them ior their support and maintenance"
= l his Is 100 explicit t0 admit OF csyiliDg or 10
REQUIRE eEplanatloo AS every constitutional
proy sion to- the security OF civil OF religious
liberty ought to be. Tho nor. oncurrencs Of
the church 10 tue choice of the minister aud
ordainlng council !n no degcee impeired the
light Of the parish The council might have
refused 10 proceed, but the parish could not
be dep lived OF their minister. Ii was right
and propar, as they could not account OF
the dissent OF the chu' cb, proceed according
TO aooieht usage, TO approach " as near as
possible, by calling respectable c-uncii to
sanction the ordination. And lt was wise in
that council 10 yield TO the wishes of the par
ish, and give their sanction to proceeding.
justified Ivy the constitution and laws OF the
land. They ordained bin over the parish
only, bui by virtue OF tha, act, founded upon
the choice OF the people, he became not only
the minister Of the parish but Of The church
still remaining ,netc Notwithstanding tho
secession ot msJoi'y of the members.--Mr.
Lamson thus became the lawful ninister OF
the irst parish of Dsdbam, aud OF tho church
subsisting therein, aud he hsd right to call
church meetings, and to do all cther acts per.
tsining 10 settled and ordained minister OF
the gospel. The church had right to choose
| dcaeons, hnding that the former deseoos had
sbdica'ed their Office, and thos no legal oh.
| jec.ion is found to exist against their righ, to
maintain this action.