JOURNAL
OF TIIF.
THIRTEENTH ANNUL CONVENTION
OF TIIK
PROTESTANT EPISCOPAL CHURCH
IN THE
DIOCESE OF ALABAMA.
HELD IN ST. PAUL'S CHURCH, GREENSBORO',
On Thursday, May 2, Friday, May 3, and Saturday, May 4, A. D. 1844.
MOBILE:
PRINTED BY DADE & THOMPSON.
1844.
LIST OF CLERGY
Rev. S. S. Lewis,
E. M. Forbes,. ..
N. P. Knapp
Wm. B. Otis,.. ..
L. B. Wright,.. .
S. Patterson, ...
F. R. Hanson,.. .
J. J. Scott,
Wm. Johnston,..
F. B. Lee,
F. H. Laird,....
J. E. Sawyer, ...
R. G. Hays,
John L. Gay,. ..
C. S. Ives,
Minister of Christ Church, Mobile.
Assistant.
Minister of St. John's Church, Montg'ry,
" " Christ Church, Tuscaloosa.
" " St. Paul's Church, Selma.
" " St.Paul'sChurch,Greensboro'
„ tl i St John's Church, in thaprab
\ ries, Creene county.
" " St. James'Church,Livingston,
" " StPeter's Church, Lowndes co
u u ( St. Paul's Church, Carlo
( ville, Dallas county,
officiating at Huntsville.
residing in Mobile,
teaching in Wetumpka.
officiating in Lowndes co.
I Minister of Christ Church, Matagorda,
j Texas.
LIST OF THE CLERGY ENTITLED TO SEATS IN CONVENTION.
Rev.
S .S. Lewis,
E. M. Forbes,
N. P. Knapp,
Wm. B. Otis,
Rev. L. B. Wright,
" F. R. Hanson,
" J. J. Scott,
" Wm. Johnson.
6
Dr. W. Jeffries, 1
Dr. J. Morgan, ( pau]'s Church, Selma,
G. Brewer, I
W. Waddell, Jr. j
J. Ellerbe, )
N. B. Piques, > St. David's Church.
A. W. Ellerbe, )
H. L. Alison, 1
J. Simpson, > St. Paul's Church, Carlowville.
L. E. Dawson, )
M. M. Fletcher, ^
T. H. Lane, I
A. B. Winn, V St. Andrew's Church.
H. A. Tayloe, I
A. G. Vaughan, 3
Of whom the following were present:—
E. W. Peck, "1
E. F. Comegys, i Christ Church, Tuscaloosa.
J. H. Linebaugh, f
C. R. Harrison, }
R. M. Livingston, Christ Church, Mobile.
J. H. Parker, )
Dr. T. Wilson, > St. Paul's Church, Greensboro'.
C. G. Benners, )
F. Williams, St. John's Church, Prairies, Greene co.
H. F. Stichney, St. John's Church, Montgomery.
Dr. Wm. Jeffries, St. Paul's Church, Selma.
3?' P*GUEJ> l gt David's Church.
A. W. Ellerbe, )
J. Simpson, St. Paul's Church, Carlowville.
■u- nriANI>' 1 St. Andrew's Church.
H. A. Tayloe, f
The Convention was declared to be properly organized, and, on
motion, the members proceeded to the election of President and
Secretary, which resulted in the choice of the Rev. L. B. WRIGHT,
President, and the Rev. E. M. FORBES, Secretary.
A recess was then taken for divine service. The prayers were
read by the Rev. Wm. B. Otis, and the lessons by the Rev. F. R.
Hanson; the Convention Sermon was preached by the Rev. J. J.
Scott, from Romans, xiii. c. last clause of the 6th v.
After service, the Convention met. The Rules of order of 1843
were adopted. The committee on the admission of new parishes
reported in favor of the application of St. David's Church, Dallas
county; St. Paul's Church, Carlowville, and St. Andrew's Church,
Marengo county. Which report being accepted, the following
delegates took their seats as members of the Convention.
7
T. H. Lane,
A. B. Winn,
St. Andrew's Church.
H. A. Tayloe, )
J. Ellerbe, I
A. W. Ellerbe, > St. David's Church.
N. B. Pigues, )
J. Simpson, St. Paul's Church.
On motion, the rules of order being suspended, for the purpose
of electing a Standing Committee, on counting the votes, the fol¬
lowing persons were duly elected.
Resolved, That in order to facilitate the business of receiving
Ministers into this Diocese, who may present letters dismissory
from the Ecclesiastical authority of other Dioceses, the authority
which has been given to the Rt. Rev. L. Polk, D. D. Bishop of
Louisiana, as provisional Bishop of this Diocese, be now revoked,
and that the Bishop be informed of the object of this resolution.
This resolution having been adopted, the Standing Committee
announced to the Convention that the Rev. W. B. Otis had present¬
ed letters from the Rt. Rev. L. S. Ives, Bishop of North Carolina,
and was now admitted into ecclesiastical connection with this
Diocese, and entitled to a seat in the Convention.
On motion, the Convention adjourned to half past 4 o'clock.
The Convention met, pursuant to adjournment.
On motion, it was resolved that all clergymen of the Protestant
Episcopal Church, who may be present and not entitled to seats in
the Convention, be invited to attend its deliberations.
The following committees were appointed by the President :
Committee on the state of the Church—Rev. N. P. Knapp, Rev. F.
R. Hanson, and Rev. Wm. B. Otis.
Committee on Finance—Messrs. Jeffries, Croom, Tayloe, With¬
ers, Stickney, and Livingston.
Committee on unfinished business—Rev. Wm. Johnson, and Mr.
Linebaugh.
The following Report was made by the Standing Committee,
and accepted.
The Standing Committee present the following abstract of their
proceedings since the last Convention:
At a meeting held in Mobile, on the 20th of February, 1843, the
4£ o'clock, P. M.
8
Rev. Samuel S. Lewis was chosen President, and the Rev. J. J.
Scott, Secretary, for the ensuing year. At the same meeting, the
Rev. J. J. Scott, Minister of St. James' Church, Livingston, was
appointed to "Preach the next Convention Sermon," and the Rev.
James Young, Minister of Trinity Church, Florence, and St. John's
Church, Tuscumbia, his substitute.
At a meeting held at Areola, Marengo county, 13th of May, the
President being unable to attend, the Rev. J. E. Sawyer, was call¬
ed to the Chair:—whereupon, the testimonials in behalf of the Rev.
John Prentis Kewly Henshaw, D. D. Bishop elect of the Dio¬
cese of Rhode Island, were examined and found to be regular
and canonical, and consent was given to his consecration."
A true abstract from the minutes.
J. J. SCOTT, Secretary.
The report cf the committee appointed by the last Convention
for the purpose of forming a Constitution for a Diocesan Mission¬
ary Society, was called for, and not being prepared, the subject was
postponed until tomorrow.
The following substitute for the 5th Article of the Constitution
was adopted:
Article 5. "In Convention, the Clergy and Laity shall deliberate
as one body: But if it be required by two clergymen, or by the de¬
legation of two parishes, the two orders shall vote separately; in
which case, each clergyman shall cast one vote, and the delegation
of each parish one vote, and a majority of the votes of each order,
thus cast, concurring, shall be decisive. In electing a Bishop, the
laity shall vote by parishes, as herein provided."
The Convention adjourned until tomorrow morning, at 9 o'clock.
In the evening, divine service was performed. Rev. Wm. B.
Otis read prayers; and a sermon was preached by Rev. Wm.
Johnson.
Friday Morning, 9 o'clock.
The Convention met pursuant to adjournment.
After prayers by the President, the minutes of yesterday were
read and approved.
The committee on the formation of a Diocesan Missionary Soci¬
ety, made the following Report, which was accepted.*
The Parochial Reports were read, and on motion, referred to
the Committee on the state of the Church.t
The Convention then took a recess for Divine service. Prayers
were read by the Rev. Wm. Johnson, the lessons by the Rev. Wm.
B. Otis, and a Sermon preached by the Rev. N. P. Knapp, from
Hebrews, ii. c. 3 v.
After Divine service, the Convention being called to order, the
election of delegates to the General Convention took place, and on
counting the votes, the following persons were found elected:
* See Appendix, No. 1, t See Appendix, No. 2.
9
and Messrs. M. J. Conly,
Rev. S. S. Lewis,
" J. J. Scott,
N. P. Knapp,
Wm. B. Otis,
J. H. Parker,
W. H. Green,
C. Pollard,
of the Clergy.
of the Laity.
Notice was then given to the Convention, by the Rev. J. J. Scott,
of a resolution to change the 4th Canon. «
The following resolution was offered by the Hon. E. W. Peck,
and adopted.
Resolved, That this Convention will at ten o'clock tomorrow
morning proceed to the election of a Bishop for this Diocese.
The Convention adjourned to meet at 4 o'clock.
The Convention met pursuant to adjournment.
The Committee on the State of the Church made the following
Report, which was accepted.
" The Committee on the State of the Church beg leave to report,
that from an examination of the Parochial Reports which have
been submitted to them, they are enabled to represent the Diocese
as steadily growing in strength, and developing its resources in a
degree far surpassing their expectations. The number of official
acts reported by the Ministers of Parishes long since established,
greatly exceed those of the past year, and the contributions which
have been made, for Missionary and other religious purposes, show
either an enlarged zeal for the cause of Christ and the Church, oi
a higher degree of prosperity in those who, hitherto warmly inter¬
ested in that cause, have been comparatively under the restraint
of pecuniary embarassment. In either case, they deem it a good
promise of a liberal support of any enterprise which the Diocese
may judiciously undertake, especially that of providing for its per¬
manent Episcopal supervision. Several new parishes have been
received into union with the Convention at this session, from which
we may reasonably expect some aid in the work of completing our
organization. One parish that was at the last Convention, and had
been for three years without a Minister, has recently revived, and
is now in a very encouraging condition. And on the whole, the
spiritual welfare of the Diocese is such as to call forth an expression
of devout gratitude to the great Head of the Church.
The statistics of the Diocese are as follows:—Baptisms, 148;
Confirmations, 69; Funerals, 54; Marriages, 28; Communicants, 349.
Sunday School—Teachers, 37; Scholars, 187. Contributions fox-
Missionary and other religious purposes, 12411.05.
All which is respectfully submitted.
4 o'clock, P. M.
N. P. KNAPP, Chairman."
10
The Report of the Committee on Finance was read and received.
" The Committee on Finance report that they have examined
the accounts of the late Treasurer, and'find them to he correct.—
According to his accounts, there remains the sum of $34.61, Alaba¬
ma money, which has been paid over to his successor.
The Committee have assessed the different Parishes in the Dio¬
cese in the following manner;
Christ Church, Mobile, $40 00
Christ Church, Tuscaloosa, - - - - - 10 00
St. Paul's Church, Greensboro', - - - - 5 00
St. John's Church, in the Prairies, 5 00
St. John's Church, Montgomery, - - - - 10 00
Trinity Church, Demopolis, 5 00
St. Paul's Church, Selma, ...... 5 00
St. Peter's Church, Lowndes, - 5 00
Christ Church, Wetumpka, 5 00
Trinity Church, Lafayette, 5 00
St. Paul's Church, Carlowville, 5 00
St. John's Church, Tuscumbia, I *5 00
Trinity Church, Florence, J
St. James' Church, Livingston, 5 00
St. Luke's Church, Cahawba, 5 00
Christ Church, Hayneville, 5 00
Church of the Nativity, Huntsville, - - - - 5 00
St. Andrew's Church, Macon, ----- 5 00
St. David's Church, Dallas co. 500
$135 00
As it is necessary that the amounts above assessed shouldbe prompt¬
ly paid to meet the necessary expenses, your' committee recom¬
mend that the delegations of the several parishes pay over to the
Treasurer the amount of their assessment before the adjournment
of this Convention, or as soon after as convenient.
All of which is respectfully submitted.
WM. S. JEFFRIES, Chairman."
On motion of the Rev. N. P. Knapp, the Convention proceeded
to the election of Trustees of the General Theological Seminary,
which resulted in the choice of the Rev. N. P. Knapp, of the Clergy,
and of Mr. M. J. Conly, of the Laity.
The following persons were elected the Committee on Diocesan
Missions:—Rev. J. J. Scott and Rev. E. M. Forbes, of the Clergy,
and Messrs. E. W. Peck and M. J. Conly, of the Laity.
Rev. N. P. Knapp gave notice to the Convention that on the
morrow he would propose the following substitute for the 4th arti¬
cle of the Constitution:
"Article 4. The Convention shall be composed of all Ministers
in ecclesiastical connection with the Diocese who may at stated
11
times officiate in any congregation therein, or who may be con¬
nected with any incorporated Institution of learning in the 'Dio¬
cese, or who may have become disabled in the discharge of the du¬
ties of the Ministry in this Diocese."
On motion, Convention adjourned to 9 o'clock, tomorrow morning.
In the evening, Divine service was performed. The Rev. E. M.
Forbes read the prayers, the Rev. N. P. Knapp, the lessons, and a
Sermon was preached by Rev. Wm. B. Otis, from St. Mark, xiii c.
37 v.
Saturday Morning, 9 o'clock.
Convention met pursuant to adjournment.
After prayers by the President, the Minutes of yesterday were
read, and after some amendments, were approved.
The following resolution was offered by the Rev. N. P. Knapp
and adopted.
Resolved, That the thanks of this Convention be tendered to
the Rt. Rev. L. Polk, D. D. Bishop of Louisiana, for the efficient
aid which he has kindly rendered this Diocese as provisional Bishop
of the same, with the assurance of their high sense of the generous
self-denial with which the Episcopal supervision thereof has been
attended.
The resolution to change the 4th Canon was brought up and lost.
The proposed substitute for the 4th article of the Constitution
was discussed, and laid over for the action of the next Convention.
The time having arrived for the election of a Bishop, on motion,
it was Resolved, that before the Convention proceed to the election
of a Bishop, silence be observed for a few minutes, to afford oppor¬
tunity to the members to engage in prayer to the great Head of the
Church for direction in this important business.
The Clergy then retired, and proceeded according to article 5th
to the election. On counting the votes, it was found that the Rev.
N. H. Cobbs, D. D. of Ohio, was unanimously chosen for the nomi¬
nation. This nomination being conveyed to the Laity, they report¬
ed through their committee that they unanimously concurred in the
same:—Whereupon, the Rev. N. H. Cobbs, D. D. was declared by
the President to be duly elected to the Bishoprick of Alabama.
On motion, it was resolved, that the Rev. Wm. B. Otis be ap¬
pointed to wait personally on the Rev. Dr. Cobbs, at his earliest
convenience, for the purpose of informing him of his election to
the Episcopate of Alabama, and of giving him such other informa¬
tion in reference to the state of the Church and country as he may
desire, and report to the President of the Standing Committee.
On motion, it was further resolved, that the Secretary be directed
to inform the Rev. Dr. Cobbs of his election to the Episcopate, and
to transmit to him a copy of the foregoing resolution, together with
the provision made for his support.
On motion, it was resolved, that the Trustees of the Episcopal
12
Fund be requested to submit a written detailed report to the next
Diocesan Convention.
On motion, it was resolved, that the Finance Committee be au¬
thorized to proportion the sum assessed for the salary of the Bishop
among the several parishes belonging'to this Convention, and re¬
port forthwith:—Whereupon, they made the following assessments.
which were approved:
Christ Church, Mobile, $500 00
Christ Church, Tuscaloosa, 200 00
St. John's Church, Montgomery, 150 00
St. Paul's Church, Greensboro', - - - - 150 00
St. Paul's Church, Selma, 100 00
St. John's Church, in the Prairies, - - - - 50 00
St. James' Church, Livingston, ----- 150 00
St. Andrew's Church, Macon, 100 00
Church of the Nativity, Huntsville, - - - - 50 00
St. Peter's Church, Lowndes co. - - - - 50 00
St. Paul's Church, Carlowville, - - . - - 50 00
Trinity Church, Lafayette, ------ 50 00
St. John's Church, Tuscumbia, ) 50 00
Trinity Church, Florence, i
St. Luke's Church, Cahawba, ------ 50 00
St. David's Church, Dallas co. ----- 50 00
$1750 00
A recess was taken by the Convention for Divine service. The
prayers were said by the Rev. N. P. Knapp ; the lessons were read
by the Rev. Wm. Johnson, and a Sermon preached by the Rev. F.
R. Hanson, from 1st Cor. xiii chapter, 13th verse.
After service, the Convention being called to order, the Rev. N.
P. Knapp offered the following resolution:
Resolved, That the next Annual Convention of the Episcopal
Church in this Diocese be held in Montgomery on the 1st Thurs¬
day in May, 1845.
On motion, it was resolved, that the Secretary be authorized to
have 400 copies of the Journal of the Convention printed.
On motion, it was resolved, that the thanks of the Convention be
tendered to the Wardens and Vestry of St. Paul's, Greensboro', for
the use of the Church.
On motion of the Rev. Wm. Johnson, the Rev. N. P. Knapp took
the chair, and it was resolved that the thanks of the Convention be
tendered to the Rev. L. B. Wright, for the able and impartial man¬
ner with which he has presided over its deliberations.
The Rev. President then resumed his seat, and after a vote of
thanks to the Secretary, the Convention adjourned, to meet at 6
o'clock, P. M.
13
Saturday, 6, P. M.
Convention met pursuant to adjournment.
On motion, it was resolved, that the President appoint two cler-
fymen to prepare, and report to the next Convention, a form for
'arochial reports. The Rev. Wm. Johnson and the Rev. N. P.
Knapp were appointed.
On motion, the Convention, after prayer by the President, ad¬
journed, sine die.
In the evening, Divine service was performed. Prayers were
said by the Rev. N. P. Knapp, and a Sermon preached by the Rev.
E. JVL Fqrbes, from Gal. vi c. 7 v.
2
11
APPENDIX, No. 1.
REPORT. ^
" The committee appointed at the last Convention, to enquire
into the expediency of originating a Diocesan Missionary Society,
and if deemed expedient, to report to the present Convention suit¬
able measures to carry the same into effect, do respectfully report
to the Convention,—That they have endeavored to give that exami¬
nation to the subject which its importance demands. Of the value
and importance of such a society they think there can be no differ¬
ence of opinion; the only question with them is, the expediency of
originating such a society at the present time, and even so long as
we may be destitute of an Episcopal head, to give efficiency to,
and thereby to ensure success in, its operations. Your committee
regard nearly the whole of our large Diocese as strictly Missiona¬
ry ground as any portion of our wide-spread country; and hence,
they feel the deep importance, and if practicable, the necessity and
expediency of introducing some more efficient operations than we
now have. They have been assured that there are Episcopal fa¬
milies scattered throughout the whole Diocese, some of whom we
are losing to the Church annually, from their having despaired of
ever receiving the visits and instructions of the Ministers of their
own Church.
Now, from the existence of facts such as these, your committee
are firmly of the opinion that if a few Missionaries could be en¬
tirely employed in the service of the Society, so that they might
explore every county, town, neighborhood, and family in the Dio¬
cese, where parishes are not already organized, catechise and bap¬
tise children, and preach the Word to any number of persons who
would assemble any where for that purpose, and from house to
house; organize churches, and assist the Ecclesiastical authority
in securing for them the regular ministrations of the Gospel,—
that no measure, next to the possession of a Bishop of the same
character, will be so likely, under God, to build up our Apostolic
Church. And they fully believe that congregations, and the means
of sustaining clergymen, might be organized and procured more
rapidly than suitable men to occupy such parishes could be obtain¬
ed. To give an impulse to the object thus to be gained, and to ex¬
cite a Missionary spirit among the brethren, generally, your com¬
mittee are prepared to recommend the appointment, first, of one
15
general Missionary, who (under the control and instructions-of the
Ecclesiastical authority) shall visit every portion of the Diocese,
record the names of Episcopal families wherever he might find
them not in communion with existing parishes, baptise their chil¬
dren, &c., and encourage them with the hope, that by proper exer¬
tions on their part, they might soon enjoy the services of the
Church at regular periods, and do all other things in accordance
with his Missionary character. Thus new congregations ■ will be
gradually built up throughout the Diocese, and whenever one or
two parishes felt able, with or without assistance in the support
of a clergyman, the general Missionary should then give up those
parishes, and extend his services to other new places. But to car¬
ry on this work, and to begin with only one Missionary, will re¬
quire money to pay his salary and necessary expenses, which must-
be raised by the Diocese at large, and hence the Convention will
see the necessity of adopting some method by which the required
sum will certainly be procured. How that can be done,-—whether
by taking up parochial collections at regular periods, or by indivi¬
dual subscriptions,—your committee leave with the Convention to
determine. If the Society be organized, it is to be hoped that effi¬
cient measures will be adopted to carry into practical operation the
objects of the Society at once, and not to leave the means unpro¬
vided, as has been the case heretofore, under similar organizations.
A liberal appropriation must be made, in order to secure the ser¬
vices of a suitable man for such a work. We want a man full of
Apostolic zeal, and fired with the spirit of that love and devotion to
the souls of men which animated the hearts and strengthened the
physical energies of the first Evangelists and Missionaries, and"
with God's blessing, success will be certain to attend us; and in a
short time, instead of one, some five or six Missionaries maybe in
the service of the Society.
Your committee will only add, in conclusion, that they are not
only fully persuaded of the importance of the plan thus proposed
for the future spiritual prosperity of the Parish, but also of its ex¬
pediency, provided the requisite funds are raised; the mode of
doing which they leave to the Convention to determine, and to
enable the Convention to give efficiency to the Society, they recom¬
mend the adoption of the following Constitution:
Article 1. This Society shall be called the Diocesan Missionary
Society of Alabama; the object of which shall'be to aid in sustain¬
ing and propagating the principles of the Protestant Episcopal
Church, and of preaching the Gospel in the destitute parts of the
Diocese, and that every baptised member of this Church shall be
regarded as a member of this Society.
Art. 2. There shall be a committee, consisting of two clergymen
and two laymen, who shall be elected annually by the Convention,
and empowered to transact all the business of the Society, and who
16
shall present to every Convention a full statement or report of their
proceedings.. The Bishop, or if there be no Bishop, the President
of the Standing Committee, shall be, ex officio, President of the
Committee.
Art. 3. There shall be a Sermon on the subject of Missions, and
a collection made for the aid of the same in this Diocese, at every
annual Convention. It shall devolve on the Bishop, or if there be
no Bishop, oh the Standing Committee, to appoint the Minister to
deliver the Sermon.
Art. 4. There shall be a general Missionary appointed by the
Committee, whose duties shall be pointed out by the Bishop, or if
there be no Bishop, by the Missionary Committee, and whose salary
shall be paid out of the funds of the Society.
Art. 5. A collection shall be annually made by every regularly
organized congregation for the Diocese, in aid of the funds of the
Society.
Art. 6. No Missionary aided or employed by this Society shall
leave his station or stations, until he has given two months notice
of his intention to the Bishop, or if there be no Bishop, to the Pre¬
sident of the Missionary Committee.
Art. 7. Any congregation which has received aid from this Soci¬
ety, and who shall be deprived more than one year of the services
of a Minister, shall be required to send one fourth of the salary
paid by them to the Treasurer of the Board, until such time as
they shall procure the services of another Minister.
Art. 8. The Missionary Committee may provide at some conve¬
nient point or points within the Diocese, a supply of prayer-books,
tracts, and such other books of approved character as may be cal¬
culated to aid their Missionary or Missionaries in the attainment of
their object,"
17
APPENDIX, No. 2.
REPORT OF CHRIST CHURCH, MOBILE.
Rev. Samuel S. Lewis, Minister.
In. conformity with Canon xii. Sec. 3, the Minister presents to
the Convention a statement of ministerial acts performed; during the
past Conventional year, and a brief account of the spiritual condi¬
tion of the Parish.
Baptisms—Adults, white 6; black 2— 8 I _Q
Infants, white 48; black 3—51 1
Marriages, ,18
Funerals—Parishioners 12; strangers 5; 17
Persons confirmed on Sunday after Convention last year, 1 ^
and therefore not then reported, f
Sunday School—Teachers, male 10; female 12; - - - - 22
Scholars, male 48; female 83; - - - - 131
The Sunday School Library contains abput 300 volumes.
The Parish Library contains about 500 volumes.
Communicants—Whole number connected with the 1 257
Parish during the year, )
Added, - - - - 37
Died, 5; removed, 24; - - 29.
Present number; white 216; black 12; 228
Contributions for Domestic Missions, last year, not re- i
ported, the collection having been taken up after > 8554.45
Convention, )
Contributions for Foreign Missions, do. do. 60 50
Contributions for Domestic Missions, on the first Sun- ) ggg ^
day in March, J
Contributions for Foreign Missions, 63 88
Communion Collections, - -- -- -- -- 333 25
Contributions for Parish Library, Sunday School, and 1
the purchase of Bibles, Prayer Books and Tracts, /• 245 15
for gratuitous distribution, )
Contributions for the Mission to China, on a visit of 1
the Rev. Dr. Boone, up to April 27, with the pro- > 400 00
mise of receiving a considerable more next week, )
82323 96
•>*
18
The subject of Missions, which is the very spirit of the Gospel,
is constantly gaining favor in this Congregation, and which, the Min¬
ister regards as one of the best evidences of the growth of spiritual
religion in the Parish. A heathen youth can be supported for $20
per annum, including every expense; and for $250, a sum less
than the passage-money of a Missionary from this country to China,
a Chinese boy can be completely educated for the Ministry. It
will keep him at school ten years. One gentleman of the parish
gave $350 for the education of one such boy. The Boy's Mission¬
ary Society, composed chiefly of the scholars of the Sunday School,
have contributed $25 for the first year's education of one such Chi¬
nese youth, and they are, also, about to educate in the same way,
at the same expense, an Indian boy. The girl's Missionary Society,
composed chiefly of the female scholars of the Sunday School, have
contributed the same amount for the support of an African girl.
They will contribute these sums (at least) annually, until the hea¬
then youths taken by them are qualified to teach others ; and from
present indications, I doubt not that several children more will be
supported in the same way by individual members of the Parish.
Such acts require no comment: The services of the Church have
been fully and regularly maintained throughout the year; that is,
two services on Sunday, prayers every Wednesday morning, and
the full service with a Lecture on every Friday night. The greater
Festivals and Fasts of the Church, in particular, have been speci¬
ally observed. During the Minister's sickness and absence of six
months, last summer, the Rev. N. P. Knapp officiated the greater
part of the time. The Sunday School continues as flourishing as
in years past, and the colored children of the parish, as many as
can be assembled, continue to be taught every Sunday afternoon,
throughout the year.
Pages might be written upon the various modes of doing good,
practised by many of the young persons of the Parish, and in de¬
tailing interesting incidents of a religious character, of the influence
of the Gospel upon the minds of the old and young,—but the Min¬
ister will close his report, by simply expressing his devout thankful¬
ness to Almighty God for the uniformly kind manner in which his
beloved parishioners have sustained him, in sickness and in health,
and for the general prosperity, both temporal' and spiritual, which
have attended the Parish through the last year.
SAMUEL S. LEWIS.
Mobile, April 24, 1844.
st. John's church, Montgomery.
Soon after the meeting of the last Convention, the present Min¬
ister of this Parish, then having chargfe of Christ Church, Tusca¬
loosa, left the Diocese on a visit to the North, impelled by circum-
19
stances of a domestic character, where he remained till the latter
part of June. On the 5th of July, he resigned the parochial charge
which he had held for five years, and accepted an appointment
as the substitute of Rev. S. S. Lewis, Minister of Christ Church,
Mobile, then travelling for his health, till the 15th of Novem¬
ber. In that capacity he was constantly occupied, except when
disabled by a severe attack of the epidemic fever which made such
frightful ravages in the city. During that temporary engagement,
besides the usual services at Church, he officiated at 16 funerals,
and one baptism, (and ojjp marriage.) -
On the 11th of November, he was invited to take the pastoral care
of St. John's Church, Montgomery, and promptly accepted the in¬
vitation. After an absence of six weeks, on a voyage to Cuba, he
was able to resume his ministerial labors, and on the 21st of Janu¬
ary entered upon the duties of his present charge. The Pariah
had been without a Minister for four years. But the scattered flock
have returned to the fold, and the condition of the parish is very
encouraging. The Church pews are all rented and well filled.
Divine service, with preaching of the word of life, has beeii held
twice on Sundays and once on Good Friday. The Church has,
also, been opened for prayers on Wednesday mornings during
Lent, on which occasions the attendance has been good. The
Lord's Supper has been administered once a month, and the usual
offerings gathered.
A Sunday School has been opened, under the direction of the
Minister, which promises much usefulness. Its organization was
greatly facilitated by the zeal and energy of a Lady, who has since
been removed from the Church on earth, and to whose memory
he, who had hoped much from her pious example and her self-
denying labors, would now pay mournful tribute. God has called
her to her glorious reward.
The Statistics of the Parish are as follows:
Families belonging to the Parish, - 24
Communicants, (Idied,) ---------- 15
Baptism, infant, ----------- 1
Funerals, - - - -- -- -- -- - - 3
Marriages, - - 0
Sunday School—Teachers, -------- 4
Pupils, - - - - - - - - - 20
Communion Collections, - - - - - - - - - $25 47
NATH. P. KNAPP.
CHRIST CHURCH, TUSCALOOSA.
Baptisms—Infants, 9; adults, 3; (1. by immersion.)
Deaths—1 infant.
Communicants—20.
20
Sunday School—Scholars, 36; Teachers, 7.
Upon the visitation of a Bishop, there will be probably twelve
or more candidates for confirmation.
Prayer Books distributed, about 20.
The present Rector entered upon the duties of this Parish in
December last; since which time there has been a steady increase
of the Congregation, and from present indications it seems to be in
a prosperous condition.
The vestry have recently resolved to erect a Building on the
Church lot, for the accommodation of the derarvman.
WM. B. OTIS.
*
st. Paul's church, selma.
Baptisms—Infants, 11; adults, 2; 13
Burials, 1
Confirmed, - - 9
Communicants^—Former number, 13
Removed from the Parish, - - - 1
Added, 5
Present number, ------ 17
Contribution to the General Missionary Society, - $61 62^
L. B. WRIGHT.
Selma, April 25,1844.
st. james' church, livingston.
Baptisms:—Infants, white 6, colored 11; adult3 1, - - 18
Confirmations, - . 3
Marriages^- White 3, colored 2, - - 5
Burials, - - - - 3
Communicants—No. in last report, 30
No. added, - - - - 4'
Present number, 27
No. of Families, about 20
Sunday School for col'd people—Teachers, 2 male, 2 female, 4
On the 8th of March, 1843, Bishop Polk consecrated our Church
edifice.
On the morning of the two Sundays, in the month spent at St.
James' Church, I have performed the usual public services and
preached, and in the afternoon of one of those days, the "Evening
Prayer" being ended and a psalm sung, I have proceeded to in¬
struct the children of the parish, according to the requisition of the
first rubric at the end of the Catechism, and on the alternate Sun¬
day evening I have proceeded likewise to the instruction of the
servants of my parishioners, and others who have attended, under
the character of the poor of Christ's flock.
On both these occasions, while I have adhered strictly to the let-
21
ter of the Catechism, I have made use of it also as a basis for re¬
marks on Christian doctrines and practices for the benefit of all
who attend on our services, but more especially for that of parents,
sponsors, and the owners of servants. I am happy in being able
to report to the Convention that though we are not entirely freed
from discouraging circumstances, yet this parish is in a more flou¬
rishing condition than it has been from its foundation. The at¬
tendance on all of our public services is uniformly good, and we
have cause of thankfulness, and at the same time of encouragement,
that our labor has not been in vain in the Lord. While the num¬
ber of our communicants has been diminished, by removal to other
cures; yet by the faithful use of the1 sacraments and ordinances of
the Church of God, the remaining portion have improved in reli¬
gious character, and they seem now more earnest than ever in
"striving together for the faith of the gospel."
The young ladies of the parish, from the proceeds of a "Dorca®
Society" which was formed two years since, have contributed very
liberally towards the completion and beautifying of the Church.
By the liberality of a gentleman residing near ouf town, and
from some other source with which I am not acquainted, we have
been supplied with an organ of sufficient power and excellent tone.
In connexion with this parish, I officiated for the congregation
of St. Paul's Church, Greensboro', until Ash-Wednesday before
the last, on which occasion the Rt. Rev. Leonidas Polk, D. D. con¬
secrated the Church edifice and administered the rite of confirma¬
tion to six persons, all of whom came forward to the next commu¬
nion. I baptised three children in this parish, one in the Church,
and two at "Vaughn's Meeting-house," where I performed the
"Morning service" and preached to a small though orderly and
attentive congregation.
I visited Tuscaloosa on business of the Standing Committee,
and the Rector of the Parish being absent, at the request of the
vestry I officiated twice. In the morning I administered the Lord's
Supper, and after the second lesson in the afternoon, I baptised
two adults and one infant, being an entire family.
Since the first of December, I have officiated once a month at
St. John's Church, in the Prairie, and once a month also at Demo-
polis, in conjunction with the Rev. Mr. Hanson.
I have officiated once at Dehon Post Office, Livingston.
J. J. SCOTT, Minister and Missionary.
ST. JOHN'S CHURCH, PRAIRIES, GREEN COUNTY
Baptisms, -
Funerals,
Marriage,
2
2
1
22
TRINITY CHURCH, DliMOPOLIS.
Baptisms—1 adult, 5 children, - - &
Funerals, ---2
Marriages, . ~ ^ .
By my request, the Rev. J. J. Scott has officiated, in connexion
with me in these two churches since December last.
•ST. ANDREW'S PARISH, MARENGO COUNTY.
By the request of the friends of the Church in this parish, I com¬
menced officiating in May last, once a month, in a building near
Macon. Since that time, the Church has been regularly organized,
and will apply to this Convention to be received into union with
the Church in this Diocese.
The prospect of establishing the Church permanently in this
parish is flattering. There are at present about ten communicants,
and from 12 to 15 families belonging to the Church.
Baptisms—2 adults, 13 children, ------ 15
Funerals—1 adult, 1 child, 2
F. R. HANSON, Minister.
Areola, May 1, 1844.
ST. PETER'S CHURCH, LOWNDES COUNTY.
Since my last report from this parish, made at the Convention
of '42, I have had—
white. colored.
Baptisms—1 adult, 6 infants, - - - - 7 infant, 1
Confirmation, - --1
Marriage, 1
Burials, , - - - 5
The present number of communicants is 8 2
The communion has been administered about once in two
months; and the few children in the congregation have been occa¬
sionally catechised. N
WM. JOHNSON, Minister.
ST. DAVID'S CHURCH, DALLAS COUNTY.
In June of last year, I took charge of this parish, in connexion
with St. Peter's. The Episcopalians in the neighborhood organ¬
ized a vestry, and invited me to become their minister and preach
for them two Sundays in the month. The services were performed
with tolerable regularity, considering the distance of nearly 45
miles, until the bad roads of the winter interrupted them. They
were then suspended until about a month ago. That interval gave
them an opportunity, by perseverance through bad weather for the
work, to get a very neat and comfortable Church erected.
23
I am now engaged to take entire charge of this parish as soon
as my engagement with St. Peter's expires. The prospect here is
quite encouraging. s
Since I have been officiating at St. David's, I have had—
white. colored.
Baptisms—2 adults, 9 infants, If - 11 . l
The present number of communicants is 9
On account of the great inconvenience of administering the com¬
munion in the house of which we were making a temporary use,
it has been administered but once.
WM. JOHNSON, Minister.
24
APPENDIX, No. 3.
DipceseofA^abama, in account with J. E. Sawyer, Treasurer.
Dr. April, 1843.
To enclosed bill and receipt of Dade & Thompson, $ cts.
1 for printing Journal, 42 00
To postage,—April, 25 cts.; May, 56J, 81J
$42 81J
Cr.
By assessments of Christ Church, Mobile, - - - - 50 00
" St. John's Church, in the Prairies, 7 50
" St. Paul's Church, Selma, - - - 5 00
" St. Paul's Church, Greensboro', - 7 50
" Christ Church, Tuscaloosa, - - 12 50
and Trinity Church, Demopolis, paid 5 00
(The remaining Parishes being still in arrears.)
$87 50
Thu6 showing a balance due the Convention of thirty-four dol¬
lars and sixty-one cents, which is herewith enclosed.
J. E. SAWYER, Treasurer.
Mobile, April 27,1844.
25
THE CONSTITUTION
of the
PROTESTANT EPISCOPAL CHURCH,
in the
The Clergy and Laity of the Protestant Episcopal Church in
the Diocese of Alabama, for the purpose of promoting the cause
of Religion and Piety, establishing order, and securing to them¬
selves and their posterity the advantages of the Ministry and Or¬
dinances of the Church, do ordain and establish this Constitution.
Article 1. This Church hereby accedes to the authority of, and
recognises and adopts the Constitution and Canons of the General
Convention of the Protestant Episcopal Chfltrch in the United
States of America.
Article 2. There shall be an annual convention of the Church',
to be held at such time and place as shall have been designated by
the next preceding Convention.
Article 3. The Bishop, of if the Episcopate be vacant, the
Standing Committee, shall have power, when it appears requisite
for the good of the Church, to call a Special Convention, by a cir¬
cular letter to the several Churches. There shall not be less than
eight weeks' notice previous to the day appointed, and such meet¬
ing shall be holden where the authority calling it shall determine:
and at such Special Convention no other business shall be trans¬
acted than that stated in the notice calling the Convention.
Article 4. The Convention shall be composed of all Minivers
of this Church in regular standing, who may at stated times, offi¬
ciate in any congregation in this Diocese, and of Lay members,
consisting of a delegation from each Parish.
Article 5. In convention, the Clergy and Laity shall deliberate
and vote as one body: But if it be required by two clergymen, or the
delegation of two parishes, the two orders shall vote separately; in
which case, each clergyman shall cast one vote, and the delegation
of each parish one vote, and a majority of the votes of each order;
thus cast, shall be decisive. In electing a Bishop, the laity shall
vote by parishes, as herein provided.
2
26
Article 6. The election of a Bishop in this Diocese shall be
made in convention. The election shall be conducted as follows :
The clergy shall vote by ballot for some suitable person for the
office of a Bishop, a majority of whom shall be necessary to make a
nomination; the nomination then made shall be communicated to the
lay members, who shall proceed to vote by ballot, whether to receive
or reject it; a majority of whom shall be necessary to confirm the
election.
Article 7. The Bishop of the Church in this State shall be ex
officio President of the Convention, and in case of his absence, or if
there be no Bishop, a President pro tempore shall be elected from
among the clerical members present. A Secretary, who shall also
be, ex officio, Treasurer, shall be annually chosen; who shall keep
a correct journal of the proceedings, and also a correct account of
all moneys he may receive, to be annually submitted to the Con¬
vention. It shall also be his duty to give a written notice to every
clergyman and parish in the Diocese of the time and place of meet¬
ing of eVery Convention.
Article 8. The Standing Committee, consisting of not more
than three clergymen and three laymen, shall be appointed at each
annual meeting of the Convention, for the purpose expressed in
the Constitution and Canons of the General Convention. Vacan¬
cies in the committee, caused by death, resignation, or otherwise,
shall be supplied by the suffrages of the remaining members.—
Two clerical members and one lay member of the committee shall
constitute a quorum.
Article 9. Every Convention shall be opened with prayer and
a Sermon; and the preacher shall be nominated by die Bishop,
and if there be no Bishop of the Diocese, by the Standing Com¬
mittee.
Article 10. A proposition to alter this Constitution must be
made in writing, and approved by two-thirds of the Convention.
It shall then lie over to the next Convention, and then, if approved
by a majority of the two orders of the clergy and laity* (voting se¬
parately) tine amendment shall become part of the Constitution.
27
CANONS
op the
DIOCESE OF ALABAMA.
CANON I.
op the vestry of a church.
Sec. 1. In every Church of this Diocese, there shall he an annual
election on Easter Monday, of a Vestry, consisting of hot less than
five, and not more than eleven members, who shall continue in of¬
fice until their successors are chosen. Two of these Vestrymen
shall be appointed to serve as Wardens; one of whom shall be de¬
signated, by appointment, the Senior Warden of the Parish.
The Vestry shall elect a Secretary, whose duty shall fee to take
and record the minutes of their proceedings—attest the public acta
of the Vestry, preserve all records and papers belonging to the
Parish, perform such other duties as shall be legally assigned'hhn,
and faithfully deliver into the hands of his successor all books and
documents belonging to the Parish that may be in his possession.
Sec. 2. In electing a Vestry, no person shall be entitled to vote
who has not signed the Articles of Parochial Association; or who
is not a holder or renter of one entire Pew; and when two or more
persons shall hold or rent a Pew, they shall be entitled jointly to
one vote. In those Parishes in which there are no Pews held or
rented, no individual shall be entitled to vote who is not a contri¬
butor to the Church, to such an amount as the respective Parishes
shall appoint.
Sec. 3. No person shall be elected a Vestryman who is hot a
Pew-holder, ora qualified voter in the Parish for which he is elected.
Sec. 4. It shall be the duty of the Vestry to take charge of the
property of the Church, to regulate all its temporal concerns, elect
and call a minister and provide for his maintenance; to keepordfejr
in the Church during the celebration of Divine Worship, and in
general, to act as helpers to the Minister, in whatever is appro¬
priate to laymen, for the furtherance of the Gospel: it being un¬
derstood always, that the spiritual concerns of the Church are under
the exclusive direction of the Minister, in subordination to the ec¬
clesiastical authority and laws of the Diocese.
28
It shall be the duty of the Wardens especially, to provide the
elements of the Lord's Supper, to collect the alms at the adminis¬
tration of the same, to keep and disburse such alms in case the
Church is destitute of a Minister, and while the Church is destitute
of a Minister to provide for the celebration of public Worship and
the instruction of the congregation by occasional clerical services,
or by lay reading, as circumstances may permit.
(Parishes now incorporated are excepted from any parts of this
Canon interfering with their articles of association or by-laws.)
CANON II.
OP ADMITTING A CHURCH OR PARISH INTO UNION WITH THIS DIOCESE.
No Church or Parish shall be received into union with this Dio¬
cese unless the Articles of Association, authenticated by the Chair¬
man and Secretary of such Association, be presented to the Con¬
vention by a clerical or lay member thereof.
And no Parish or Church shall be entitled to a lay delegation,
until any assessment made by the Convention shall have been paid
to the Treasurer of the, Convention.
CANON III.
OF A QUORUM IN CONVENTION.
Three members of the clerical order, and a delegate or dele¬
gates of the lay order from four churches, shall, together, consti¬
tute a quorum for the transaction of business; but a smaller num¬
ber may adjourn.
CANON IV.
OF ATTENDANCE ON CONVENTION, AND REQUISITES FOR THE ADMISSION
OF LAY DELEGATES.
It shall be the duty of all clergymen entitled to seats in the Con¬
vention, to attend the same, and of every Church or congregation
in union with this Diocese, to send a number (not exceeding five)
of lay delegates to the Convention; who shall be chosen by the
Vestry from (the communicants of the Church, if possible, or from
such persons, of good moral character, as are entitled to vote in the
election of Vestrymen.
CANON V.
OF DELEGATES TO THE GENERAL CONVENTION.
The Convention shall elect, at a regular annual meeting, four
Clergymen, who shall be Presbyters entitled to seats in the Con¬
vention, and four lay men, who shall be communicants, in good
standing, of some Church in union with the Diocese, or persons of
good moral character connected with such Church, as delegates
from this Diocese to the General Convention; who shall continue
in office until their successors be chosen.
CANON VI.
OF THE TERM OF OFFICE OF THE OFFICERS OF CONVENTION.
The officers of this Convention shall continue in office, and exer¬
cise their respective functions for one year, or until another elec¬
tion takes place.
29
CANON VIL
of special conventions, i
When a Special Convention shall be called, it shall be the duty
of the Secretary, in issuing the notification, to specify the business
and purpose for which the Convention is called.
CANON Ylll.
of attendance of the clergy on conventions..
The regular attendance of the clergy at the meetings of the Con¬
vention being deemed of great importance to the interests of the
Church, is a duty hereby enjoined, with which no slight obstacle
should be allowed to interfere: and it is recommended to the dif¬
ferent Parishes in this Diocese to make provision for the expenses
incurred by their respective Ministers in attending the Convention.
At the opening of every Convention, the names of the clergy
entitled to seats therein shall be called over, and the absentees
noted, i
CANON IX.
a list to be made of the ministers in the diocese.
Sec. 1. Before the meeting of every Convention of this Diocese,
the Bishop, or if there be no Bishop, the clerical members of the
Standing Committee, shall cause to be prepared a list of all clergy¬
men canonically resident in the Diocese, annexing the names of
their respective cures or parishes, or stations as Missionaries, or of
the institutions of learning in which they are engaged; and the
places of residence of such as are not employed in either of the
ways above mentioned; specifying at the same time who, of either
class, are Deacons; but no clergyman while suspended from the
ministry shall have a place on such list. And such list shall be laid
before the Convention immediately after it shall have been called
to order, and the names of the clerical members called therefrom.
The same shall be appended to the Journal, and sent to the Secre¬
tary of the General Convention.
Sec. 2. When the right of any clergyman to a seat in the Con¬
vention is disputed, it shall be determined, according to the provi¬
sions of the 4th article of the Constitution, by the Convention itself,
whether his name be inserted in the list aforesaid, or omitted.
CANON X.
of the secretary of the convention.
Sec. 1. It shall be the duty of the Secretary of the Convention,
in pursuance of the 7th article of the Constitution, to send to every
Minister of a Parish in union with this Convention, (or to the War¬
dens thereof, if the Parish be destitute of a Minister,) at least four
weeks before the next meeting of the Convention, a written noti¬
fication of the time and place of said meeting. Said notification
slpall also contain the assessment laid upon the parish for the ex¬
penses of the Diocese.
30
Sec. 2. In conformity to canon 7th, 1835, of the General Con¬
vention, on this subject, he shall transmit annually to each of the
Bishops of the Protestant Episcopal Church in the United States,
and to the Secretary of every Diocesan Convention, a copy of the
Journal of the Convention of this Diocese, (as well as of any charge
or pastoral letter recently published,) and to the General Conven¬
tion, a certificate of the appointment of clerical and lay delegates.
He shall forward to the Treasurer of the General Convention,
on or before any meeting thereof, seventy-five cents for each cler¬
gyman within this Diocese, according to the provision of canon 10,
1830, for defraying the expenses of the General Convention—such
sums to be charged to the Diocese, in his account as Treasurer of
the Convention.
CANON XI.
of receiving a clergyman into a parish or church.
The authority to receive any clergyman into a Church or con¬
gregation in this Diocese, shall be vested in the Vestry and Church
Wardens, if there be any; otherwise in the congregation which
supports him, and receives the benefit of his ministry: Provided,
that no clergyman shall be admitted to the pastoral charge of any
Church or congregation in this Diocese, unless he first produce to
the Vestry and Church Wardens, or to the congregation if there
be no Vestry, &c., a certificate from the Bishop, or (in case there
be no Bishop,) from the Standing Committee, that he has present¬
ed Letters of Orders, and Testimonials of Religious and Moral
Conduct, as required by the Canons of the General Convention,
and that his Letters of Orders and Testimonials of Religious and
Moral Conduct, are by him, the Bishop, or by them, the Standing
.Committee, approved.
CANON XII.
of parish registers and reports.
Sec. 1. Every clergyman of this Diocese shall keep a Register
of all the Baptisms, Confirmations, Marriages, and Funerals so¬
lemnized by him, or in his Parish by any other Episcopal minister;
specifying the names and times of birth of the children baptised,
together with the names of the parents and sponsors; the names of
the adults baptised, and also the witnesses of the baptism; the
names of those confirmed, and by whom; the names of the parties
married, and of persons buried, and also the times when each rite
was performed.
This Register shall be kept by the Minister, iri a book to be pro¬
vided for that purpose, and belonging to the Vestry of each Church;
which book shall be called the Parish Register, and shall be con¬
sidered as a part of the Records of the Parish.
Sec. 2. In addition to the Register above named, the Minister
of each Parish shall keep a list of the communicants and families
within his cure; specifying the time when the former became com
31
municants of the Church under his charge, and whether by remo¬
val from some other Parish, or otherwise.
Sec. 3. Every Minister of the Diocese shall, on or before the
first day of every Annual Convention, deliver, or cause to be deliv¬
ered to the Bishop of the Diocese', or (if there be no Bishop) to the
President of the Convention, a statement of the number of Bap¬
tisms, Marriages, Funerals, and Confirmations, within his cure,
since the last Convention, and also the number of communicants;
specifying the number of removals, deaths, and additions from other
Churches, or otherwise, during the same time; and also of the
number of Pupils and Teachers connected with the Sunday School;
and of all contributions for benevolent objects, by subscription or
public collections; together with a concise statement cf whatever
other matters may be important in showing the state of the Parish.
Sec. 4. In every case where a Parish is destitute of a Minister,
the Register contemplated by this Canon shall be kept by some
person appointed by the Vestry for that purpose; and the Annual
Parochial Reports shall be presented or forwarded to the Bishop,
or the President of the Convention, if there be no Bishop, by the
Wardens of the Parish.
CANON XIII.
of preparing a report on the state of the church.
In conformity to the recommendation of the General Conven¬
tion, (Canon VII. 1835,) a committee of the Convention of this
Diocese shall be appointed at the regular meeting of the same,
next before every stated meeting of the General Convention, to
draft, with the advice and approbation of the Bishop, (if there be
one,) a Report of the state of the Church, to be presented to the
General Convention.
CANON XIV.
of the trial of a clergyman, not being a bishop.
Whenever any clergyman of this Diocese, (not being Bishop
thereof,) shall become liable to presentment and trial, according to
the provisions of any canon of the General or Diocesan Convention,
the mode of proceeding shall be as follows:
Sec. 1. The trial shall be on a presentment in writing, addressed
to the Bishop of the Diocese, (or to the clerical members of the
Standing Committee, if there be no Bishop,) specifying the offences
of which the accused is alleged to be guilty, with reasonable cer¬
tainty as to time, place, and circumstances. Such presentment may
be made by the majority of the whole Vestry of any Church of
which the accused is, or has been, a Minister, or by any two Pres¬
byters of the Diocese, entitled to seats in the Convention, or by a
Board of Inquiry, appointed as follows:
. ^Whenever, from public rumor or otherwise, the Bishop (or the
clerical members of the Standing Committee, if there be no Bish¬
op,) shall have reason to believe that any clergyman is under the
imputation Of having been guilty of any offence br misconduct, for
which he is liable to be tried, and that the interest of the Church
requires an investigation, it' shall be his (or their) duty to .appoint
three persons, two of whom shall be Presbyters, to examine the
case; and if there be, in the opinion of a majority of them, suffi¬
cient ground for presentment, they shall present the clergyman
accordingly.
Sec. 2. A presentment being made in any of the modes above
prescribed, the Bishop, (or the clerical members aforesaid, if there
be no Bishop,) may dismiss it if the facts charged shall not appear
to him (or them) to constitute an offence; or if it allege facts some
of which do, and some of which do not constitute an offence, he (or
they) may allow it in part, and dismiss the residue, or may allow it
to be amended.
When it shall be allowed, in whole or in. part, the Bishop, (or
the clerical members aforesaid,) shall cause a copy of it to be served
on the accused, and shall also nominate six Presbyters, (if there be
six in the Diocese,) and if there be not six in the Diocese, then any
number more than three, *who shall be entitled to seats in the Con¬
vention, and cause a list of their names to be served on the accused,
who shall, within thirty days after such service, select three of them,
and notify their names in writing to the Bishop, (or clerical mem¬
bers aforesaid): and if he shall not give such notification within the
said thirty days, the Bishop, (or clerical members aforesaid,) shall
select three; and in either case, the three selected Presbyters shall
constitute a Board for the trial of the accused.
Sec. 3. The Board shall meet at such time and place as the
Bishop, (or, if there be no Bishop, the clerical members aforesaid,)
shall direct, and shall have power to adjourn from time to time,
and from place to place, (within the Diocese) as they shall think
necessary.
Sec. 4. A written noti ce of the time and place of their first meet¬
ing shall be served at least thirty days before such meeting, on the
accused, and also on one of the persons making the presentment,
and upon such person as may be appointed to conduct the prose¬
cution.
The Bishop, or the clerical members aforesaid, shall appoint a
suitable person to prosecute the case.
Sec. 5. If a clergyman presented, after having had due notice,
shall not appear before the Board of Presbyters appointed for his
trial, the Board may nevertheless proceed as if he were present,
unless for good cause they shall see fit to adjourn till another day.
Sec. 6. At their first meeting the Board shall choose a President
from their own body, and a Secretary from their own body or oth¬
erwise, as they shall determine.
Sec. 7. When the Board proceed to trial, they shall hear such
evidence as may be produced, and shall cause the oral testimony
33
to be written down by the Secretary, and together with the depo¬
sitions and other evidence read upon the trial, to be carefully pre¬
served, and shall cause a full record to be kept of .their proceedings.
The President shall be authorised, at the desire of either party,
to administer an oath or affirmation to the witnesses; and the exa¬
mination of the witnesses, and all the proceedings of the trial, shall
be in public, if desired by the accused, and not otherwise.
No lay man shall be permitted to advocate for either party in the
trial, though both parties may, at their option, consult legal or other
advisers.
Sec. 8. Application being made to the Bishop, (or clerical mem¬
bers aforesaid, if there be no Bishop,) by either party, shewing sa¬
tisfactorily that any material witness cannot be procured upon the
trial, he (or they) may appoint some clergyman or lay man, as com¬
missioner to take the testimony of such witness;»and the party so ap-
plying shall give to the other party, at least six days notice of the
time and place of taking the testimony. And if the person on
whom the notice shall be served, shall reside more than forty miles
from the place of examination, one day's notice shall be given for
every twenty miles of the said distance. And both parties may at¬
tend and examine the witness; and the questions and answers shall
be reduced to writing, and signed by the witness, and shall be cer¬
tified by the commissioners, and enclosed under his seal, and trans¬
mitted to the Board; and shall be received by them as evidence.
A witness examined as aforesaid, may be sworn by the commis¬
sioner.
Sec. 9. The Board having deliberately considered the evidence,
shall declare their decision on the charges contained in the pre¬
sentment, in a writing signed by the whole Board, if the accused be
declared guilty, or by a majority of them, if otherwise,—distinctly
stating whether the accused is guilty or not guilty of such charges
respectively; and also stating the sentence which, in their opinion,
should be pronounced.
A copy of such decision shall be, without delay, communicated
to the accused, and also to the persons making the presentment.—
And the anginal decision, together with the evidence, shall be de¬
livered to the Bishop, if there be one, who shall pronounce such
canonical sentence as shall appear to him to be proper: Provided,
the same shall not exceed in severity the sentence recommended
by the Board; and such sentence shall be final.
If there be no Bishop, the said decision, with the evidence, shall
be delivered to the clerical members of the Standing Committee,
who shall submit the same to some convenient Bishop, whose judg¬
ment in the case, with the limitation aforesaid, shall be final.
Sec. 10. Before pronouncing sentence, the Bishop shall summon
the accused, and any two or more of the clergy, to meet him at
such time as may, in his opinion, be- most convenient, in some
34
church to be designated by him, (always within the Diocese,)
which shall, for that purpose, be open to all persons who may
choose to attend; and the sentence shall then and there be publicly
pronounced by the Bishop. But the Bishop (if he shall be satis¬
fied that justice requires it) may grant a new trial to the accused;
in which case, a new Board of Presbyters shall be appointed, the
proceedings before whom shall be conducted as before mentioned.
Sec. 11. All notices and papers contemplated in this canon may
be served by a summoner or summoners, to be appointed for the
purpose by the Bishop, (or clerical members aforesaid, as the case
may be,) and whose certificate of such service shall be evidence
thereof. In case of service by any other person, the fact shall be
proved by the affidavit of such person. A written notice or paper
delivered to a party, or left at his last place of residence, shall be
deemed sufficient service of such notice or paper.
Sec. 12. If a clergyman presented, shall confess the truth of the
charges contained in the presentment, before the appointment of
a Board for his trial, it shall be the duty of the Bishop of the Dio¬
cese, for of the Bishop to whom the matter shall have been referred
by the clerical members aforesaid,) to proceed to pass sentence, in
the manner above specified, as soon as may be convenient after
proper notice of such confession.
CANON XVI.
OF alterations in the canons and additions thereto.
No proposed alteration of, or addition to the canons, shall here¬
after be considered by the Convention, unless at least one day's
previous notice thereof be given in open Convention; nor, unless
by unanimous consent, until such alteration or addition shall have
been referred to and reported upon by at least two Presbyters and
two Laymen. Nor shall such alteration or addition be adopted,
during the same Convention, if two-thirds of the votes of both or-
deis shall not concur therein; but, in such case, the same, unless
negatived by a majority of the members present, shall lie over for
consideration until the next annual meeting of the Convention.
CANON XVII.
REPEALING FORMER CANONS*
All former Canons of this Convention are hereby repealed.