The New York herald., 1874-09-01
THE "OLD NORTH CHURCH"

"A Su1t involving MILLIONS Com m ence0 ny
. Pewholder-The Old Post once
Lcase To BE Impeached-Charges
Against the Deacons and Trustees-In-
junction and Receiver Asked for.
somewhat extraordinary suit has been CON-
menced in the United States Circuit Court OF this
district, which involves property belonging to the
Reformed Protestant Dutch church, or ''Old North
church." as 1t was formerly designated, i0cateQ on
William, Fulton and Ann streets. 1t appears that
this church and its corporation own property in
the city valued at several millions OF dollars, the
income from which is said 70 be over
three hundred thousand dollars per
annum. The ground on which the
present Post once is situated belongs to the cor
poration. The title of the suit reads, civilian
Hastings. plaintiff, the ministers, elders ana
deacons OF the Reformed Protestant Dutch church,
Of the city OF New York, and the state OF New
York and others, whose names are at present un-
known to plaintiff" The complaint, or bill in
equity as 1t is technically called in law, has been
filed in the Clerks Office OF the United States Cir
cult Court.
ALLEGATIONS IN THE COMPLAINT.
Mr.. William Hastings, the plaintir in this com.
plant, sets forth the following statement OF acts:-
He alleges that he is citizen Of the State of Cali
iornia at present residing in the city OF New York;
and that the Reformed Protestant Dutch church,
OF old North church, on William Fulton and Ann
streets, is a corporation OF this State and most Of
Its ministers, elders and deacons citizens
Of New York; that plaintiff Is part owner
81 eon sne propeaty on the oncs taa' pey
known in the true records OF said church as
number 76 Plaintiff iul tner sets lorth that he Is
entitled to worship In said CHURCH ana occupy the
pew, and occupy all the rights and privileges or
his grantors ana predecessors, but said defend
ants under the false pretence Of possessing an ad-
verse title OF plaintiffs pew. and under various
other pretences, hinder and prevent your orator
from SO doing, and have deprived HIM Of the
rights, privileges and benefits TO which he is en-
titled as such pewowner and tenant In common,
or o, t1e d OF Sar saG cnarcn a anu
orator further shows that ne is deslrous OF becom
ing stated hearer Of all doctrines OF the ancient
1alth as given to the saints ana OF occupying said
pew, and OF having divine service held according
TO the true. will and interest and iaith Of the
she temperatures and sprltualities shall be ad-
ministered in accordance with the will and intent
with the terms and conditions Of the trusts upon
which Messrs. Stemwick and Hampendich, the
donors, endowed said church, ana gave, granted
Is erected, and wrongfuliy misappropriated by
SAID defendants under claim OF adverse right and
title, and which constitutes cloud upon your
orators title, and which prevents and obstructs
the iull, Tree and perfect enjoyment OF the same
aud defeats the conditions OF said trust. And your
orator further shows Tor greater certainty in the
premises, that Stemwick and John Hampendich
or o.
tnereof to be held in trust some OF the conditions
OF which are substantially as follows, namely
CONDITIONS OF THE TRUST
Mr.. Hastings, from this point, goes on IN elabo-
rate and singular phraseology, to name those
conditions, which are principally that the ser
vices should be conducted similarly to those Of the
Church of the Netherlands and In the language OF
church be increased by conversions; that the
members be built up in the faith and made the
nized OF ali mankind as standards Of purity in
morals and devoutness In religion; That the tenn
poralltes oi the church be aamnSterea Ter @ soley i0r
serving any personal. prOiane or mercenary END
whatsoever; that on the 7th OF February, l72S.
John Hampendich, VINO had been one OF the elders
or Overseers OF the Neither Dutch church reformed
congregation, OF the city Of New York, IN the year
Is iolows:-'1, the said John Hampendlcn
40 hereby give; devise and bequeath unto the said
ministers elders and deacons Of the Reformed
Protestant Dutch CHURCH OF the city OF New YORK
and their successors forever the shoemaker's field
or land, ON the southeast side OF Maiden lane, or
Queen street. near Pearl street, the which said
tract contains sixteen acres, being upon Manhat-
tan Island, in the city OF New York;
The complaint goes on to recite
ALLEGED ACTS OF MALFEAsANCE
In once against the officers OF the church; that
they committed and suffered waste Of said church
edlfce, and diverted the same from sacred 10 q
proiane cause squandered Its revenues, In order
TO benefit strangers and unbelievers suffered vice,
irrelgion, immortality and inndelity to grow and
Overshadow tho cause Of religion; exercised undue
influence upon the courts Legislatures and execu-
tive Ocers and cOlluded with Attorneys General In
order 10 defeat the object OF the laws and perpetu
ste usurpations; caused or suffered the records of
the church to be altered and The numbers OF the
to be err ara G hs nces
tors of the members lay buried, and then says
ssThat defendants have discouraged and prevented
the BUILDING up and increase OF a large and active
church membership OF spiritually minded and ag.
gresslve preachers and doers OF the word ana true
followers in practice Of the meek and lowly Jesus
OF Nazareth, and IN the place and stead thereof
they have iostered the retention or adhesion OF
weak aa no
Of the church or the cause Of Christ, and Dy
rOdIy devices directed said church into an
lllegitmate missionary association, decevlng the
spirited and dependent neophyte persons calling
themselves missionaries, who are sent abroad into
parts a IN. o. TIM e rtsS
ment and Its dependencies In Hindostan and
elsewhere. and where some Of the revenues snd
resources OF the church are wasted to make docne
subjects for the British Grown, In order that such
subjects may suner (Which they do ANONYMOUSLY,
expressions to which they are wrongfully sub:
iected, and which SAID pretence on the part OF
nS wastes snd Necessarily the Church
enues retards the growth of religion and morality
IN the city q New YORK and defeats the purposes
THE CHURCH REVENUES
After voluminous verbage OF similar charac-.
ter the complaint asserts that the revenues OF
the church have been wrongruy used or diverted
70 purchase valuable real estate In another and
more fashionable portion OF the city, away from
the abiding places OF the poor and wretched, and
upon which real estate mas oeen eIec.e1 Wsn inc ne
the extreme worldly practice OF the day, contain
ing and maintaining an extravagantiy paid minis
ter, 30 called, principally to contribute to the
pleasures OF sense personal comfort and worldly
consequence and profit OF few rich and Pharisa- M
ical Church "hoodlums," 10 the exclusive and vir-
tual banshment of the poor and detected. That
formerly q party known as the English faction
or English Party Company, operating ana consplr-
ing with Trinity church men OF this CITY, wrong
fully possessed themselves Of the control Of the
property; that the defendants are selling large
amount OF the property in violation OF said trusts
that they have diverted the Middle Reformed
protestant Dutch church, erected on said land,
from q sacred to prOiane use, and nave surren-
dered the possession OF the same to the govern
ment OF the United States for the purposes Of
Post once.
WHAT THE COURT IS ASKED TO DO.
fne lengthy complaint OF Mr.. Hastings, OF which
the above are the leading n0infa concluded with