New-York daily tribune., 1846-01-26
General Notices.
Memorial,

Thu, vour Menorialists inhabitants of the City
NovYork in communion OF the Pro'ssapt Episcopal
Church in the State Of Nst7- York and such your
mernorias,s are advised and believe entitled 10 all
the rights and privileges Of members Of the corporation
herein after mentioned.
That in the year 1897 Charter granted by The
then Governor of the Province of New.York. in the
name OF the Crown, by which the Rector of Trinity
Church in the City of Ne. York together with all the
inhabitants from time to time inhabng and 10 inhabt
the said city declared be body polite and
poratc by the name of The Rector and Inhabitants of
our said City of NewTork in communion of our Prot
estant Church of England established by our laws
Tha, in the wear l7O4 the General Assembly ofthe Prov
ince of New York pas sed by which all the materi
al provisions of tine original charter substantially
enacted sa law and the Rector and Inhabitants OF the
said csy OF New.York in communion OF the Protestant
FnscoDal Church Of England again Incorporated,
,,;,b .i;eht and immsrerial change IN the and
style Of the corporation
Tbs, in the year l75i many OF the provisions OF the
or;nal charter Of 1897 and OF the act OF the General
Assembly Of l7oi, being plainly inconsistent with the
new form of government whch,ihs State had adopted
an act was passed by the Legislature OF this State ent
,led An ACT for making such alterations in the Charter
Of the Corporation Of Trinity Church as TO render II
more conformabe TO the Constitution Of the State -
THAT this act refers both the charter OF 1897 and 10
the act of 04 that the third section thereof wRich
il the only one 10 which your memoriasts deem II ne
cessary to refer and its preamble are in the WORDS io
lowing -,
And whereas doubts have arisen on those parts OF the
said Charter and Law first above mentioned, wnich
encak nj Inhabitants in communion o; the said Church OF
England for removal whereof
I'll Be it farther enacted by the authority aforesaid
That all persons protesting themselves members OF the
Epscopal Church VINO shall either hold. occupy or en-
oy Pew or Seat the said Church and shall regularly
pay TO the support of the said Church ana uch oners
as shall in the said Church partake oi the holy SAcrh
mont of the Lords Supper AZ least once IN each year
being Inhabitants of the City and County OF New:lork
sha be entitled to all the Rights Privileges BENEFITS and
Fmnucnts which in and by the said Charter ana Law
frs, above mentioned designed 10 be secured 10 the
Inhabitants Of the City Of Newfork in communion OF
the Church OF England.
Thai in the year l733 another act passed by the
Legislature OF this State by which in strict conformity
to the spirit and intent OF the original charters the name
othe Corporation of Trinity Church was changed to the
follorinp The Rector and Inhabitants OF the CITY ot
New.Ynrk in communion OF the Protestant Episcopal
Church in the State oi New-i York
And rour memoriaiss farther show that they are ad
vsed and believe that the acts OF oi and -e ought 10
be regarded as valid and defnitive settlement oi the
charter rights and corporate privileges oil TRINITY
Church and of the Inhabitants OF this CITY IN communion
of the Protestant Episcopal Church in this state.
And your Memoriasts farther show that in the year
1913 an act introduced into the Legislature of this
State and passed both branches thereof entitled An
Act 70 alter the name Of the Corporation oil trinity
Church in NewYork and for other purposes and that
the rs, and second sections of this act are In the words
following:
81 Re il enacted by the People OF the State OF New.
York represented in Senate and Assembly. That from
and after the passing OF this Act the said Corporation o
Trinity Church, instead of their present name sha
take and use the OF the Rector, Churcn Wardens
and Vestrymen of Trinity Church in the City OF New
York
of full age who for the space OF one year preceding any
election shall have been members OF the Congregation OF
Trinit Church aforesaid OF any of the Chapes belong
ing to the nnd forming part o!he same religious Cor
polaiion and who shall hold occupy or enjoy pew or
scat in Trinity Church in any OF the SAID Chapes Or
have paraken of the boly communion therein within
the said year and other persons shall be entitled TO
vote at the annual elections Tor the Church Wardens ana
Vestrymen of the said Corporation
And your Memoriass farther show that this last men
toned act being sent to the Council OF Revision, the
Chancellor of the State TO whom 1t was referred report
cd the following objections 10 its becoming law;
81 Because il the members Of the several ncorpora-
ted societies in communion of the Protestant Episcopal
Church in this State formed in the City OF New ork alter
the passing of the act ened- An Act Tor making such
alterations in the Charter OF the Corporation OF Trinity
Church render it more comormabic to the consti-
tuition of the State have right To vote at the annua.
elections for the Church Wardens and Ncsirymen OF
Trinity Church. though not having been members OF the
congregation of Trinity Church within one year prcc-
ding any such election, any OF the Chape hconsng
10 the same and forming part o the same religious cor
,oraon and holding occupying or enjoying pew in the
aid Trinity Church any o the Chtpes thereof or not
having parraken Of the holy communion therein within
such year n oil the rights privileges
vested in them by the laws o the state and the ncorpd
ration OF Trinity Church. the Limitation OF the night OF
election provided by the bill may divcs or impair such
rgh--and if any doubts exist respecting such right OF
suffrage il s consistent with the sElutary principles oi
the constitution of this State to refer them TO Judicial
counznpcc the appropriate and Legitimate resort oi ad
verse claimants in controvertcd cases ot that description
This principle has been heretofore recognized oy ht
Council in au analogous and which received the
sanction OF the honorable the Assembly by "n almost
unanimous vote will appear by reference 10 lhe
journals of the 9TH of February, lslo
Because the Charter being private grant, ana II
M, appearing by recitss Otherwise what the eX
stnG doubts respecting the rights and privileges thereby
given the Council deprived OF the means OF ndens
whether any vested corporate rights are not violated oy
the restrictions and provisions contained IN this bill.
Z Because the saving contained IN the proviso 10 INC
last section of the bill the right OF any person or per
sons or of any body corporate 10 the estate real or per
snna now held occupied or enjoyed by tne corporation
of Trinity Church. is nucRtory lnasmuch AS All sucn
rights 80 far they respect the corp"rators depend
principally upon and inseparaby connected WIN
IN. right and privilege of being member OF the corpo-
ration voting for Church Wardsns and Nestrymen'
who have the and disposition oil the tempo
raIitics belonging 10 the corporation
And your memorqlists farther show that the oblec-
tous So reported considered in the Council OF
Revision until the 2ih of January ls4 and that on the
question their adoption the members present oil tnat
body equally divided, snd thus the act IN qursoH
became law not by the direct assent OF the Executive
power but solely by the omission TO return II with OBJ
ccons to that branch OF the Legislature in which II
originated within the period prescribed By the Consu
tuition
And your memoriaiss farther respectfully insist that
the objections thus reported in the Council of Revision
are conclusive show that the Act OF -i ought never
to have become law. And that. 10 the reasons which
they exhibit others perhaps of equal force may be ADD
ed. In the opinion OF your memorasts, II was the man
es intent both Of the Charter OF 1867 and the ACT OF As
sembly OF l7Oi that AL the property that the Corpora
ton which they created authorized to hold and en-
low should be devoted ior religious purposes, to the
common use and benefit OF all the present and future
inhabitants of the city OF New-York in communion OF
ia ls to
mere Implication but Is expressed in both Instruments
in distnc and positive 1t was meant that a.! the
inhabitants standing in this relation TO the Church should
have equitable interest in the corporate property nut
the Charters were framed that this equitable interest
this beneficial trust could only bc asserted and enforced
bythose whs members OF the Corporauonhad direct
voice the choice OF the TO whom the admnisira
ton the property WAS To be inrusted Hence
the exclusion from Corporation althe Episcopaans
OF the city belonging the congregation OF Trinity
Church. which the OF 1914 sought to effect not
mere deprivation OF their right OF voting but in its
sequences direct invasion OF their rights OF property
1t took the Epscopsaus of that day not worship
nr in Trinity Church or its Chapes and IL takes from