New-York daily tribune., 1856-06-07

c.vl po.ty, an eccesisstical eiemen; s.erner sn1
more tesrchipg than that Of the church Gen which
they d;fsenteG. The curious historian may analyze
il he win, the esrnes. puiisbism Of esfy Sew,Eog-
land even the sturdy bigotiy Of early New Meth
trisBd; 1t is enough for the Commonwealth of se~,
York, "by the grace OF God free and indePenden M,
10 know IL at it's first written constitution, born IN lIF'
in the very depths of the Revolutionary struggle e1-
tpaied from the body polite every lingering element
Ct ecclesiastical cogDzsnce or spiritual authority va
all It's features ii bears the unexnguishsble love OF
religion free dom, brought TO shores BY the reil
gees from ecclessstcs tyranny, rot only IN E1gsnd,
but in Holland and France. It. ever memorable dec
larstion of religious independence offspring OF tue
oy intellect and noble heart Of John jay, ADD go~'
ing bright with his Hueuero. bood-proclairs 20 the
world the fupd resolve, not only to e1Pe civli
tyranny, but aso TO guard against tha. spiritual op
"pressicn sDd Intolerance where~ts tae bigoty ana
"aubifios Of weak and wicked priests and princes
"bave scourged mankind"
Following up tbis fixed determination, and yet with
wse regard and unaffected reverence for the Christian
Church in s purity the illus'Tious author. OF this
Msgna Chaita Of our religious liberty prohibit any
g m bi-ter Of the Gospel, or pn-t Of any cenonn-
alton" from holding any office, civil military,
within the Stae-inserbiDg in the organic las, thus
uImistakaby, Their settled purpose 10 deliver both
deed and living from ecclesia-tca cognzance, to
emaDcipa'e the courts Of Justice from every priestly
or medieval fetter, and to allow them TO breatae,
through all coming tine the invgorating air of ancient
Anglo Saxon freedom.
1t is striking proof Of the nveterae attachment,
even Of the most enlightened nations 10 prescrpiive
authority that the monk-h idea of the churchysrd
al engine Of spiritual power, not only fingers N En-
gland, but boldly proclaimed in il. very metropolis.
Within the last two yearS the ArchdsacOn Of London,
in an official address to the clergy of the Established
Church within his district, openly complains of modern
legislation In the Bntsh Parliament, III establishing
extra.mura cemeteries around their crowded cities
for says he "the church and the ehurchyard Of the
parish have hitherto been one of the strongest ties
70 btnd he people at large to the communion OF TIE
"CbUrcb" And again /" Burial b0und, say, me
1t certainly il not for us to interfere with the ec
clesias'ica law Of England, needesy to criticsc
its claims to the respect of the people whom II binds
We only ask TO Danish rs maxms, doctrines and Prae
tices from our jurisprudence, and to prevent them
from guiding, in any way, our Judicial action. The
furgous exciescenee which required centuries for its
growth, may need fIlux Of ages to remove. Buni
in the British Islands may possibly remain for naty
generations subject exclusively to Z" eccessetca cog
nzance;" but in the new transplanted England OF the
Western continent The dead will find protection, II at
all in the secular tribunal, succeeding, by fair in
herltance to the prlmeval authority OF the ancient
III corrupted common law.
II is gratifying, however, 10 perceive that even 10
the English courts, traces art becoming d-cernsbe OF
adhposition to recognize the ancient Tight OF burial at
common law. In tbe year la20, legal claim was
made by Gilbert to bury in a London churchyard.
the body Of his wife in an iron colin, but 1t was re-
sisted by the Cburcbwardens Buzzard and Boyer. on
the ground het il would inuroosly proong the period
when the natural decay Of the body and of a wooden
uclosure would make room in the grave for another
occupant. An application had been previously made
in the same matter TO the Kings Bench, for -s1Rda-
mus In, ported in Barn. aud AID. 9O6 which oc"a-
sion the distinguished counsel. Mr. Scarlet and Mr.
Chitty claimed that the right of inermen existed at
common law In rtfusiDg the application Chief Jus-
ce Abbott said, II may be admitted for the purpose
Of the presert question that the rgLt Of sepuure 10
a common iar right, but Of opinion tn the
taode 0f GUridi is subject Of ecclesiastical cogn
zance" Mr. Justice Horoyd, after duly reproducing
Coke's caro- data Uermi6us oeclaTed that buriali'
oDgIaa aatfg nj VryaN
Z" the prayers that are to be used the ceremonies
" that are to be performed at the funeral"
The matter which had caused some public disturb
ance in London, was thereupon earned INTO the eccle-
eissticel Court, then adorned by the learning and
talents of Sir William Scott, since Lord stowell. la
the very elaborate and eloquent opinion delivered by
the accomplished Judge on that ccca-ioD, reported IN
PhilmOre, p 335l, he reviews the whole history OF
burial, from the Iemotett antiquity, phlo-ophicany
tracing the progress Of inteiment through the heather
and the Christian ages. Drawing distinction between
the C, fined and uDcofned funerals Of early tunes, he
admits that many authoritative writers assert the right
of pa,shioner to be buried in bis own parish church
yaro but he denies that it necessarily includes the rg %
to bury "truDk or chest with the body. ne
r,obf he SAWS "st,cfly TAKEN is TO be returned To
the parept earth for dissolution, and to be carried
there in a decent and inoffensive manner Inc
bone sense and feeling of the Judge were stru
with eccl. law and usage, but he came 10 tle
concnson that no mode of burial could be pefhtteu,
which would proong the natural decay OF tue ooy, "
neeolessly preserve its denttysha. .ne Pp;oaioa
human remains with the earth, and destroying thei,
ideptty-that the desG having 10 legal light TO crowd
the living each buried generation must give way 10 s
successor--and that, therefore, an IRON cohu, whch
would unduly and unlawfuly pSolong the pe1od for
identfyipc the remains was enthusiastically inadmis
.ble. unless an extra fee were paid to the church
The Court will perceive, by tue proois 10 tne case
now under examination, that the remains OF the e1-
bumed body are identified beyond doubt or question.
The skeleton of the "pOsthumous man Is no" Legally
"starding in court distinctly rdividuslizedI"lth
bis daughter next and neaest OF KIM al MS sideto
AK that the tribunal whose order for widening toe
street elected him from the grave VIII also direct his
6.cent ienterment
II was the pride of Diogenes and his disciples OF the
,pc Mt school of cynics, TO regard bunal Win con-
t,mtt and to hold il utterly unmporiant whether
tbriI bo dies should be burned BY fire, devoured by
bessts birds or worms; and French philosopher OF
modern days, in q somewhat kindred spirit, descants
Jpcn the 'glorious nothingness OF the grave ana
tbst "psmeiess thing "a dead body. The secular
ursptudence of France holds it III higher and better
r,raId. In the Interesting case reported lh NT.tH
Rensrtoire Tit. SepshuTe where a large tract OF
ar near Marseie- had necessarily been taken ior th
bural of several thous and bodies, after the great
plspue of 1870 il sdjudicGted 10y the secular
CONT that the land should not be profaned by culture
even of It's surface until the buried deaa had oaerei
into dust. The eoquen. pld'd0y" oi Tue htoc ~
Ce,,roI upop that occa .on dwes with emphasis on
the yen.ration which all nations "A all ages, have
shown for the gIave-adding, however. WIN soWe
little iii se Of national rreverence, " L G" ahe rene
"rnfion toyjoHrs rerocdbf d toU0H's s3OV'"""ee
'au hen pubi,c.' ,.. A..h.-,,.
In portions OF Europe during the mi-oaToarous
state Of society in the middle ages thu law permitted
creditor TO seize the dead body of his debtor; snd
in ancient Egypt son could bOO. money, oy sS sS-
ppesrs 10 exs,, in modern jurisprudence, OF legal
rieht to conve.t dead body to any purpose OF pecu
Iiary profit.
II will he seen II at much Of the apparent dlfhcnty
Of ibis subject, arises frem false and needless
assumption in holding that nothing L proper 'na. 10.
las not a pecuniary alue. The real question Is ho1
OF The dispo- able marketable value Of a cope, or
s sremains IS an article of traffic, but 1t Is OF the
sacred and il herent right TO its CUSTODY 10 orler de-