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


The controversy existing in Dedham, be-
tween two parties, each claiming to bs the $,
Cburch, has excited much attention ; the a.
bic and learned opinion OF the Chief Justice
In the actioo which grew out of il will be pc
culiatly Interesting at this time, when tho
rights, duties and privileges Of churches and
ecclesiasical councils have been the subjects
OF public attention. The following is a briGf
abstcact.
This action was brough, 10y L. Baker md
anorher as doacoos Of the first church, against
Samuel Falcs, TO replevy certain bonds and
records aliedged to beloas 10 said church
the defendant denied the property to be IN The
plainlihs. The whole question was resolved
INTO ono point, were the plaintiffs tho deacons
81 the frst church il SO they were entitled
to recover, if oot, the possession Of the articles
repieyicd did not belong 10 them. All the
hoOjs aud securities arose from sales OF lsnd
E'an'cd 10 the church In Dsdh am, and The re-
eo'ds related TO the property and proceedings
pf SAID church, Of which both parties ciaimed
10 be dsacoDs. The court considered il 10 be
cleo that all grants To the church were intend.
sd 20 vest property 10 that body Tor the pur-
pose oil ading-tn support Of The public wog-
ahp OF God, end that the me nber, OF the
Church acquiced no legal estate or personal
'n;ered therein, but the seversl grants gave
m cqliiaote Toe simple 70 tho deacons OF the
church, who were constituted by the statute
oil 1854, trustees in all cases. Formerly
church and pariah had no separate records
and interests, for by a colonial law, no inhabi-
ta0t had The political bis Of lreemap, I'm.
lesS member Ut some orthodox church, this
W.. the case when the grants 10 Tho church
an DsdhaD were made, and grant TO the
church under such citcumSlsoces could mean
nothing else than grant 10 the town, who
constituted the religious society within which
church was established, the inhabitants nav.
Ing the equitsbe title vested in them as long
as they continued tho asse mbiy dcnomnated
the cnItch 10 the grants.
Since the grants were made, parishes have
been set off IN the town, and other churches
have been established within these parishes
o1t residuuD has always been left, which,
BY 'he statutes Of the government and tho Do
cisioOs of the courts, have thus become the
hts parish, and have lawfully succeeded TO all
the rights vested in The inhabitants OF the
town, OF parochtai nature, which have not
brrn parted with in some legal form. In
N5& the iegisa'ore having found that mucn
property had been gwen TO churches, with
inie alloD that the same should DO held in per.
re,Iai succession, constituted the d2acons a
corporation, with the power Of hodiog the
property, tor the purpose of executing there
with the will of the donors.
Until the invitation was given 10 NJ. Lam.
son (,he presen' officiating Munster 10 the
NJ pa'ish 10 Ded1am) the Church and COZ
Esc.mon appear to have acted In uniscn, and
the funds held by the church arising from
the grants OF land which have been consider
ed, have been from ume to time applied, as
needed, 10 the support Of the minister, and to
defray other charges relating to public wor'
ship This Was in conformity TO the spirit of
the trust and is a Sufficient explanation in it
aelt of the kind Of interest which the church
Claimed IN the property the disnssion
~ the Rev. Mr.. Bates from the pastoral
cha &C OF tho chusch and congregation ia
DcdhAtn, at his owo request, the unhappy
disscDtion arose which has terminated in a
diswem5erment OF the society, and q Ntisa.
uoo about tho properly. Mr.. Lamson was
elected BY the parish ut regular parish
meeting, to be the successor Of Me-. Bates.
The church refused 90 concur in the choice,
amajority Of this body disapptovipg Of his
relisioss tcnets, or for other causes The
Parish with fhe minority IF fhe church Invited
arespcciahe coancii consisting Of the minis.
tsrs of sevc'al churches and delegates, who
advised 10 tho ordination of M. Lamsoo oy.
a. the Parish, cod who accordingly ordained
him, .Ho, i,hslandiog the remons,rsnce of a
. tnaior,'y of the members Of tbc church, who
hnaliy sesedod from the parish, and never,
since the ordination Of Mr l.. have attended
public wovship there, but have in sno,hcr
place, within tho territorial limits of the pae.
tab, attended public worship, and had the
ordinances administered to them as a church.
Aftor tho ordination Of Mr.. l.. a chuech h
meeting was called q, which the members
who acted with the Parish attended, and they
voted TO remove from oIIiee, the former Dsa
cons who seeded with the majority OF the
cid Church aud elected the plaintiffs In theit
stead.
The members who seeded, claim still Ia
be the hrst church in Dedham, and the ,.c.
eessors Of tho church to Which tho propcr,
-. a h-e. :.