Daily Republican., 1881-09-28
CHURCH DIFFICULTY.
An appeal to tho Superior Court
Of tho state Of Delaware.


To the honorable, the judges of tn
superior court of Delaware, Chief Jus
tice Comegys and Associate Justices
Houston and Wootten:
The writer, Presbyter of the diocese
Of Delaware, respectfully asks your at.
tention to the report of cases decided In
New York, Illinois and elsewhere, re.
ported by Rev. Hall Harrison, in o
pamphlet addressed to Bishop Niles Of
New Hampshire, and also begs your at.
tention to the facts there commented
upon. In the case now before your
honors, of Trinity church vs.. Rev. W.
J. Frost, d. D. L. L. D., Rector, it is
necessary that you discharge the bill
beca use of the informality Of proceed
ings on tie part of complainants. An
inquiry into these proceedings will
show that by the laws of the church 10
legal process can be had against the
Rector of . parish, save only before a
full meeting of the vestry in the pres
ence of the rector; and the complain
ants cannot prove any legal meeting
called by the rector, nor can they show
that the congregation of Trinity church
was advised of the design OF the vestry.
men to depose the rector; nor were they
consulted in the case. Moreover it will
appear that two or three Of these vestry-
men met together and elected them
selves to the office without the action Of
the congregation, VINO were ignorant of
che facts. Moreover, it will appear that
there has been long standing feud be-.
tween the people of st. Andrews church
nj . In Of vi, Ifxr oI,,,rnh nd
their rectors and the rector of st. An
drew's church, ia thereby qualided to
sit az legal (so.e arbiter ana judge) on
the rector OF Trinity church. Moreover,
it will appear that two of the three
judges used by the rector OF st. Andrew
church to destroy and remove his rival,
are persons in offices OF honor and trust
subject to the rector Of st Andrews.
Moreover, it will be made manifest,
that the State of Delaware never con-
templated putting it in the power Of
men of rank and wealth, living at a
distance from Trinity church to have it
in their power to elect themselves
Trustees OF Church, which others had
erected for public uses and for the con.
gregation, and then by using the rector
of a rival church to depose the rector
in order the better to sell the property;
and, with the proceeds, to build a chapel
of ease for themselves and others Of
like rank, TAR off from the poor who
will be deprived Of all uses
OF the church Moreover, it will ap-
pear that some 300 or 400 children meet
in the church every week to be taught
to sew; and that none of these nor
their parents were consulted in this
matter and that by depriving the rector
you deprive these people also. l was
present when the church was filled
with a congregation mostly male citi-
zens, not one of whom had been con-
suited in this matter and all of whom
wish the rector to be retained. If a
Civil Court is used to dislodge min
lister of religion, they should insist that
all the proceedings of the church courts
be fair, just and legal. If any doubt
exist as to the sense of the laws it must
work to the advantage of the rector
If the church court is tainted by reason
of partisan predjudice, their action
/ cannot be sufficient ground for civil
eectmen:. No irregularity IN the
election of vestrymen nor i'll the meet
ings can be winked at.
In this case the chief Vestrymen are
illegal Gneligible) and their actions do
not come under the Church laws. For
they must be regular attendants at the
Church !" and the law provides only
for "ditfsrences' between the Rector
and congregation, or vestry as repre-
senting the congregation sentiments,
whereas the only cause alleged in this
case was debt. They disclaim any com
plant against the godly man who is
Rector | respectfully submit to your
honors, that when the laws provided
that none shall be eligible save mem
bers of, and regular attendants upon
the Church, you cannot allow an action
of ejectment where vestrymsn never
goes to church That if the law pro
vides tor differences between the people
and Rector, the people must be con-
suited and mere financial matters are
not sufficient ground tor action; that
when such action is taken no court can
sit upon case where they are inter
ested partizans, and, that the fact of
personal feuds and party antagonisln
of forty years standing. between the
Judge and Rector incapacitates the
parties to call in the aid of the Civil
Courts TO eject their victims.
Truly yours, SHoLASTICUS.