COLUMBIA LIBRARIES OFFSITE AVERY FINE ARTS RESTRICTED III 111 III I II I AR01413139 TESTIMONY TAKEN BEFORE THE SENATE COMMITTEE IN THE MATTER OF TRINITY CHURCH. Transmitted to the Legislature February 28, 1857. ALBANY: C. VAN BENTHUYSEN, PRINTER TO THE LEGISLATURE, No. 40? Broadway. 1857. mm Avery Architectural and Fine Arts Library Gift of Seymour B. Durst Old York Library No. 95. 11 SENATE, FEB. 28, 1857. Testimony taken before the Senate committee in the matter of Trinity Church. TESTIMONY INTRODUCED ON THE PART OF THE VES- TRY. Friday, February 13, 1857. Present — Senate committee — Senators Spencer, Noxon, and Ramsey. The trustees of Trinity church were represented by Judge Parker, and 0. Meads, Esq. Rev. Benjamin I. Haight, called and sworn. Ques. What means have you of being acquainted with the affairs of Trinity Church 1 A. I have been one of the ministers of Trinity Church tor the last ten years, and for nearly two years last past have been the assistant minister assigned to Trinity Church, and have had more especial charge of the parochial work connected with that church. I have lived in New- York all my life, with the exception nf about three years; for nearly twenty-three years have been exercising the functions of my ministry in the city of New-York. Q. It is stated in the report of the select committee, at page seven, that it appears in the evidence that Trinity Church has never at any time established or endowed any institution of charity or benevolence, even for her own poor. Is this correct] A. I know of several institutions of charity or benevolence which have either been established or endowed by Trinity Church for [Senate, No. 95.] 1 |u.n.2,0O0L.300C.] 4 [Senate at his request, and by him communicated to the vestry along with the reports of other assistant ministers, and may be found in the appendix to the report of the rector, which has been printed for distribution. In connection with St. Paul's, St. John's and Trinity chapel, there are also parochial arrangements having reference to the poor, with the details of which I am not, however, sufficiently acquainted to speak, they being in the charge of other assistant ministers of said parish. St. George's chapel, Beekman street, has been sustained by Trinity Church for several years pastas a mission church; the resident popula- tion in the neighborhood being exclusively of the poorer class. The same remark may apply to the resident population general- ly in the lower part of the city. Q. What number of ministers are there in Trinity parish? How are they employed, and what are the character and num- ber of the congregations which attend the several churches in that parish ? A. There are nine clergymen in Trinity parish — the rector and eight assistant ministers. Two of the assistant ministers are engaged in parochial duty in connection with each of the churches, the rector having the general oversight of the parish, and performing duties in all parts thereof. The congre- gation at Trinity church is large, and composed in great part of strangers, transient residents, young men, clerks, etc., and the poor, upon none of whom is any tax, in the form of pew rent or otherwise, laid, for the support of the ministrations of the church. Of the character and number of the congregations in the three chapels— St. Paul's, St. John's, and Trinity chapel. I cannot speak with as much certainty. The congregation at St. Paul's appears to me to be very similar to that of Trinity, and con- stantly becoming more so. In St. John's chapel, an arrange- ment has been made, I believe, by which a certain number of free sittings have been provided, with special reference to the poor; and in Trinity chapel there are from one hundred and fifty to two hundred tree sittings, in the best parts of the church, which are generally well filled. At the third or night service in Trinity chapel, which is continued for several months in the year, and on all other occasions except the morning and after- noon service on Sundays and several special days, all the seats No. 95. | 5 in Trinity chapel are free. This chapel and Trinity church are open daily for morning and afternoon service throughout the year. It is computed there are from 1,200 to 1,500 free sittings in the parish. Q. Have the contributions for charitable and religious purpo- ses in the down town congregations of Trinity parish been de- creasing of late years, and if so, how do you account for it 1 A. My impression is that they have decreased. In Trinity Church our collections, with the exception of the contributions of a very few persons, are small, owing to the fact that the great bulk of the worshipers are either strangers or persons in very moderate circumstances; the wealthier portion of its former con- gregation having removed to the upper part of the city. Q. What church accommodations are there down town, below the Park, besides those afforded by the churches of Trinity parish? A. I know of but two other places of worship; the Dutch church, in William-street, and the Methodist church, in John-st. In consequence of the removal of the other churches, the clergy of Trinity parish are not unfrequently called upon to minister to the people of several protestant denominations. Among the candidates presented for confirmation in Trinity Church, last spring, a large proportion were persons who did not originally belong to the Episcopal church. No call for ministe rial service, from any quarter, is ever declined by the clergy of Trinity parish, and special arrangements have been made at Trinity and St. Paul's churches for convenience of access to the clergy for such duties. For example, Trinity church is open throughout the entire day in each day of the week, and the clergy are in attendance in the vestry room at stated hours, to answer any calls for their services that may be made. In this way, the sick, the dying and the afflicted, can always be visited by a clergyman within a short period. By far the greater part of the work thus performed is among the poor. Recess until 4 P. M., Saturday. c [Senate Saturday, Feb. 14, 4 p.m. Present, the Senate Committee, Messrs. Spencer, Noxon and Ramsey. Judge Parker and 0. Meads, Esq., on behalf of the Trustees of Trinity Church. Rev. Benjamin I. Haight, testimony continued : Q. Are there any other arrangements in regard to the poor in Trinity parish, in addition to those you mentioned yesterday ? A. I think that one of my answers yesterday included all the arrangements in general terms. With the arrangements at St. Paul-s, St. John's and Trinity chapels I am not thoroughly familiar. A sketch of them will be found in the recent report of the Rector to the Vestry of Trinity Church, which has been published, and to which I yesterday referred. I will here add, that the several parochial arrangements, having reference to the poor in Trinity parish, which I have described, and which were commenced about two years since, I regard not as a complete system, but as only the beginning of a system of parochial arrangement. When I entered upon my present duties, it was with the distinct impression on my part, grounded upon my knowledge of the views of the Rector and the Yestry, that I was not to be simply a parochial minister at Trinity Church, in the ordinary acceptation of that term, but that I was also to origi- nate and carry forward various plans of a missionary character, having reference to the working classes and the poor in that dis- trict. I have acted upon this presumption, and have thus far received from the Rector and Vestry constant encouragement and support ; and I have no doubt but that encouragement and support will continue to be extended to me, with reference to any plans which I may present for the moral and spiritual bene- fit of the inhabitants in the lower part of the city. Q. The report states, v p. 6,) that as to free churches, it does not appear, from the report of Trinity Church, that she has ever built any. What can you say on this subject 1 A. The state- ment in the report is technically true, but it does not convey to my mind an accurate representation of the subject ; for in conse- quence of the building of the new Trinity chapel, and the No. 95.J 7 arrangements made by the Vestry with regard to the pews in that chapel, Trinity Church and St. Paul's chapel have already in great part changed their former character, and from pewed churches, as they are termed, have become virtually free churches, so that, although Trinity Church has not built, tech- nically, two free churches, she has, so to speak, created two. The foregoing remark applies in part also to St. John's chapel. The arrangements in regard to the pews at Trinity Chapel, to which I have referred, were these : The Yestry offered to each party holding a pew in either of their three down-town churches, who might be desirous of obtaining a pew in Trinity Chapel, to credit him with the amount of the rent of his pew down town on condition that, while he occupies the pew in Tri- nity chapel, the Vestry should be entitled to the use of the pew down town. The pews which thus come into the possession of the Vestry have been thrown open by them for general use, without charge. As the number of pews of this class is quite large, as I have before said, Trinity and St. Pauls have become, in a large measure, free churches and St. Johns measurably so ; and these churches are of such a character, architecturally and otherwise, as to secure the attendance of the poor to a much greater extent than has been found practicable in humbler edifi- ces. Q. Has Trinity Church, clergymen employed as ministers at large whose special duty it is to look after the spiritual wants of the poor and destitute among the " inhabitants of the city of New-York, in communion of the Protestant Episcopal Church ?" A. When about two years ago the Vestry increased the number of assistant ministers, three were added, whose special duty it was to look after the spiritual wants of the poor and destitute ; one of these has been assigned by the Rector to do missionary duty of this class, in connection with each of the three down town churches, and have been constantly occupied therein from that time ; and from the nature of the cases, three of the other assistant ministers who have been assigned to the said churches have been called upon for a large share of this sort of duty. In my own case, fully three-fourths^of my parochial work has been among the poor and destitute. 8 [Senate Q. What do you mean by missionary duty % A. I mean the performance of ministerial work among the poor and destitute who are not ordinarily found within our churches, and who have to be in many cases sought after. Q. In the report of this committee, page 22, it is said of the congregation of Trinity Parish that their four congregations united do less, as is testified, than some single independent con- gregations in this same city, with little or no endowment. What have you to say on this subject ; and if it is so, is it charge- able at all to the administration of the affairs of Trinity Church, by the Vestry ? A. If the statement referred to, be true, it is not to be wondered at, inasmuch as two of the congregations of Trinity Parish are now mainly composed of strangers, transient persons, the working classes and the poor ; while even in regard to the other two congregations it may be affirmed, that neither of them, not even that of Trinity Chapel, compares in point of individual wealth with several other independent congregations. There has been a very great change, of late years in the down town congregations, in consequence of the removal of persons of substance, to the upper parts of the city. I can see no con- nection whatever, between the alleged smallness of the contribu- tions of the members of Trinity Parish and the administration of the affairs of the Corporation. If there be a fault in the matter, it cannot justly, be laid to the charge of the Vestry ; it must rest with the clergy and the people. Q. Are you cognizant of any measures taken from time to time for the purpose of ascertaining who have been added to the corporators of Trinity parish, and what difficulties are there in the city of New-York, in ascertaining who ceased to be corpora- tors ? A. I have been annually asked by the rector to make a return to him, of all such male persons who have to my know- ledge become communicants in our parish, in order that he might add them to the list of corporators. In no case that I remember, have I been asked by any individual who had thus acquired the rights of a corporator, to return his name, but the return has been made at the desire of the rector ; there is great difficulty in the city of New-York in a large and miscellaneous No. 95.J parish like ours, in ascertaining who of the male communicants have removed and the time of their removal ; the same diffi- culty is felt also in regard to pew holders ; sometimes there are temporary and sometimes permanent absences without notifica- tion to the rector or any of the clergy. Q. It is said in the report of this committee (page 22), that there is so little interest in the vestry elections of Trinity parish, that in eight out of the past ten years, an average of hardly one in ten of the corporators cared to appear ; is this state of things peculiar to Trinity parish, and does it indicate " torpor," im- puted in the report? A. A like statement might be made, I apprehend, in regard to every parish in the city of New- York ; I was rector for nearly ten years of a large parish in the city, All Saints, which numbered say from 100 to 150 corporators ; I never saw at any election, having presided at all, of wardens or vestrymen, more than four or five voters, except on one occasion at a period of great excitement in the church, when there were about thirty present ; I do not consider the non-attendance of the corporators on these occasions, as any evidence whatever of a want of interest in parish matters or as a sign of " torpor," but rather as a mark of their entire satisfaction with the administra- tion of the parish. In the case of All Saints church, the parish was united and highly prosperous. Q. It is stated in the report of this committee, p. 19., that the effect of this system, (that is, the system by which Trinity Church has contributed to other parishes, wholly in the way ot pecu- niary grants, made either in specific sums or in annual appro- priations, terminated at the pleasure of the Vestry,) as appears from the evidence, has been to injure instead of promoting the independence of the parishes thus aided. Is the statement cor- rect that the making pecuniary grants in either of such forms, or secured by mortgages, has had that effect ? State, also, what effect, if any, has aid in these forms had upon independence of speech and freedom of action on the part of parishes and clergy- men thus aided, where they meet in the diocesan conventions and other church associations, and where there are diversities of opinion as to matters of morals and doctrines 1 A. I do not think that the aid bestowed in any of the forms mentioned, has 10 [Senate had the slightest effect upon the independence of speech and freedom of action of the clergy or laity of the parishes aided. I have had some opportunity of noticing the course pursued by clergy and laity in our diocesan convention, having been for twenty years Assistant Secretary and Secretary of the same, dur- ing the greater part of which time there prevailed great diver- sities of opinion. In looking over the list of parishes whose churches have been mortgaged to Trinity Church, I find eight, the clergy and lay delegates of which, for a series of years, on all leading questions spoke and voted differently from the Rec- tor and lay delegates of Trinity. Two of these are mortgaged for |25,000, two for $20,000, one for $5,000, the other three for smaller sums. So, also, in regard to the churches which have received grants of land and money, or annual stipends. I find nearly thirty which have taken the same independent course in convention, without regard to the course of Trinity. My opinion of the clergy and laity of the diocese of New York is such that I do not think it would be practicable for any corpora- tion to buy their opinions or their votes. Of the churches last referred to, six received gifts of money and land, and twelve re- ceived gifts of money alone, two received gifts of land and a stipend, three received gilts of land alone, six received gifts of stipend alone. My knowledge of the votes of the lay delegates and clergy of the several parishes is derived from the fact that, for a series of years it became my duty at every convention to call the ayes and noes on very many questions. Q. In applications for aid, has Trinity Church, in your opin- ion, favored those whose party views were similar fo her own, or has she refused aid on the avowed ground that the views of the applicants were not coincident with her own ? A. I do not be- lieve that the question of church politics has ever entered into the distribution of the gifts of the vestry of Trinity Church, I never have heard of any application for aid which was refused upon the ground that the parties making it, differed in theologi- cal or ecclesiastical opinions from the rector and vestry of Trinity Church. Q. What proportion of the whole number of Episcopal churches in the city of New- York have received aid, in some form, from No. 95.] 11 Trinity Church? A. There are about fifty Episcopal churches in New- York city, and I think all of them, except two, have received aid from Trinity Church. Of these two, one, the Church of the Holy Communion, was built by one person, and the other, the Church of the Incarnation, was built by the wealthy congregation of Grace Church. By the committee. Q, What appropriations have been made by Trinity Church during the last three years previous to April, 1855, to institu tions of charity, benevolence, or learning, in the city of New York 1 A, I do not remember of any made within that specific period. Those that I have already named, were made either before or after the period mentioned. Q. What means have you of knowing what motives govern Trinity Church in her grants to other churches 1 A. I have been connected with Trinity Church as one of the ministers for nearly ten years, and have been in the habit of frequent con- verse with the rector and several of the leading vestrymen in regard to their benefactions. Q. Have the clergy, other than the rector, any voice or vote in making gifts or grants ? A. The assistant ministers are not members of the vestry, and therefore are not entitled to vote upon such questions. Whatever influence they may have in such grants arises from their official relations to the vestry. Q. When you speak of aid to churches, do you include those which give mortgages for what they receive? A. I do, because it is perfectly well understood that those mortgages are not to pay interest, and are never to be collected unless under very extraordinary circumstances. Q. Do you or do you not know that when such mortgages are renewed, the accumulated interest is added to the principal ? A. I have no knowledge on this particular point, but have never heard or known that the payment of any interest has been ex- acted. I have never heard of an instance where the accumu- lated interest has been added to the principal. 12 [Senate Q. You spoke of new arrangements having been made within the past two years, can you fix the time more definitely 1 A. I was assigned to my present position early in June, 1855. Q. Are there not in Trinity Church and all her chapels some paying pews ? A. There are. Q. Is there not, sir, a great want of churches in certain parts of the city of New -York ? There is undoubtedly a want of church accommodations in the city of New- York. Q. Is there a single Episcopal church in the 4th, 6th, 13th or 14th wards, in the city of New-York 1 A. I cannot answer that question without a map of the city. Q. Will you tell us, sir, when the present Trinity church was built? A. It was consecrated in 1846. Q. Can you tell us what it cost ? A. I do not remember the cost. Qi When was Trinity chapel built ? A. It was consecrated in 1855. Q. What did it cost ? A. $227,000, according to the report of the vestry. Q. How many persons will Trinity church and Trinity chapel seat % A. Trinity church will seat, as at present arranged, about 1,200; Trinity chapel about 1,000 persons. I have seen 2,000 persons in Trinity church on special occasions. Q. In your opinion, has the Episcopal church kept pace with the increase of population of the city] A. It has not. Q. Do you consider that the church accommodations in the city have kept pace with the increase of Episcopalians in the city? A. I think it has, and more; inasmuch as the increase of population of the city of New- York has been very largely from foreign countries, from New England, and other parts of the United States, where the members of the Episcopal church have not been numerous. No. 95,J 13 Q. Do you think church accommodations of all denominations have increased proportionately with the increase of population? A. I do not think that it has fully. It has measurably. Q. Do you know, sir, whether St. Matthew's church was shut up and offered for sale ? A. I have heard so. Q. Was Zion church, near the Five Points, sold to the Ro- manists? A. Yes, sir, it was; the congregation having removed up town and built another church. Q. Was Christ church, in Anthony-street, closed and sold? A. It was, under the like circumstances. Q. Were the three last named churches Episcopal churches ? A. They were. Q. In the cases last mentioned, where the churches were sold, were churches required for the purpose of accommodating Episcopalians ? A. I think not. Q. Do you know whether St. Matthew's church made appli- cation to Trinity for aid ? A. I do know that she made applica- tion, and that she received aid, and that the rector addressed two letters of thanks, on behalf of the vestry of St. Matthew's, for such aid. Q. How long was this before said church was closed ? A.I don't know. Q. Do you know that Trinity church refused her aid? A. I have heard so. Q Can you state the number of Episcopalians in the city of New- York ? A. No, I cannot. Q. Do you know the number of Episcopalians that belong to Trinity and her chapel ? A. From five to six thousand, inclu- ding men, women and children. Q. What proportion is that of the whole number of Episcopa- lians in the city, as near as you can judge ? A. I cannot answer this question, for want of sufficient data. I will examine the 14 [Senate subject and give an answer. I estimate the number of Episco- palians in the city of New- York at from 4,000 to 4,500. Q. Could Trinity church now rent her pews in the lower down town churches? A. She could not, except in a few instances. Q. Did not that fact necessarily compel Trinity to make those churches free? A. No; for she could have done as Grace church, St. George's church, Christ church, Zion church did; sold her churches and built new ones up town. But preferring to keep her churches down town, in the changed condition of the lower part of the city, it would not have been practicable to have rented her pews. Q. Do you know whether the other clergy attached to the chapels of Trinity make annual return of the new male com- municants to the rector ? A.I presume that they do ; I am asked as one of the clergy, I presume he asks the others. Q. Can you state whether the clergy who make these returns from the various chapels, are allowed to see the returns thus made ? A.I have no doubt but they would if they asked it. Q. Have you ever seen them, previous to the report of Trinity Church to the Legislature in 1856 ? A I cannot say whether I have or not, I never had occasion to look at the list. Q. Do you know whether Trinity Church has ever foreclosed any of the mortgages taken for grants made by her ? A. I do not. Q. What does it cost Trinity Church to support the two lay assistants you spoke of? A. Their present stipend is $150 each. Q. Of whom does the vestry of Trinity Church consist ? A. The rector, two church wardens and twenty vestrymen. Q. What other officers has Trinity Church besides the mem- bers of the vestry and her clergymen. Q. A comptroller and clerk of the vestry, both of whom are members of the vestry, a collector and one clerk in the office. Adjourned to 3^ o'clock, Monday P. M. No. 95.] 15 Monday afternoon, February 6M, 3| o'clock P. M. Present — Senate Committer — Senators, Spencer, Noxon and Kamsey. Counsel, as befor3, Judge Parker and 0. Meads, Esq. TESTIMONY INTRODUCED BY THE VESTRY. Testimony of Rev. Benjamin I. Haight, continued. Q. Do you think Trinity Church has done its utmost to make the capital of the property of that corporation, available for the founding, support, or promotion of religious, charitable, or edu- cational instructions or purposes ? A. As the result of many years observation, during the last ten of which, I have been frequently in converse with the Rector and several of the senior members of the corporation, in reference to the appropriation of their funds to religious, charitable and educational purpo- ses, I answer, that I believe the Vestry has always been solici- tous to make their property as available as possible for these great purposes, and, that when they have declined applications for benefactions, or refrained from entering upon, or prosecu- ting any enterprize brought before them, either by members of their own body, or by others, it has not been from any want of interest in schemes and plans of christian benevolence, or with any view of increasing their own estate, but solely from pru- dential considerations mainly growing out of their heavy debt, which has accumulated solely from their pecuniary grants. I do not believe that any other body of intelligent and prudent christian men of the same number, and chosen in the same way — that is, by a popular constituency — would have done more than the Vestry of Trinity Church, as constituted, tor the last quarter of a century. Q. Will you name the free Episcopal churches in the city of New York 1 A. All Angels, Epiphany, Holy Comforter, Our Saviour, Holy Communion, Holy Evangelists, Holy Innocents, Holy Martyrs, Nativity, St. Cornelius, St. John the Evangelist's, St. Mary's, and St. Michael's ; the foregoing have church edifices proper. Besides these, there are the following free congrega- tions worshiping in halls : the Messiah and St. Ann's. Besides these, the following are at present suspended : Good Shepherd, 16 [Senate temporarily, the church being constructing; St. Barnabas, St. Matthew's, and St. Simon's. The former free church of St. Jude has been merged in the church ot St. John the Evangelist. By the Committee (a map presented) : Q. Are there any Episcopal churches in the 4th, 6th, 13th and 14th wards of the city of New-York ? A. There are none. Q. In which of these wards was Zion church situated? A. In trie 6th. Q. After viewing that map, do you still say that Zion church was not needed there ? A. Such a question was not put to me. The question was whether it was required for Episcopalians in that vicinity. I answered that I thought not, and I think so still. If I had been asked whether it was not desirable that there should be mission churches in that and the other wards, for the purpose of supplying the ministrations of the gospel to the destitute of all classes and denominations, with a view to their spiritual benefit, and gathering them into the Episcopal church, I should have answered that I did think it desirable. Q. What would be the average number of persons that the free churchts you have named would accommodate ? A. From 450 to 500 each. By Counsel for Trinity Church : Q. Though there are no Episcopal churches in the wards named, are there Episcopal churches close upon their confines ? A. In the vicinity of the 4th ward there are two large churches, in the vicinity of the 6th there is one, in the vicinity of the 13th there are two, and in the vicinity of the 14th there are two. Rt. Rev. Horatio Potter called and sworn : Q. What is your place of residence, and your office in the Protestant Episcopal church ? A. My place of residence is in the city of New-York, my office is Provisional Bishop of the diocese of New- York. Q. What opportunities do your official position and duties afford you for obtaining information in regard to the condition, No. 95.] 17 wants and interests - of the various congregations in your diocese? A. It is made my duty by canon to visit peri- odically all the parishes of the diocese and inquire into their condition, and to maintain at all times general superintendence over the churches of the diocese. To which I may add, that persons belonging to the several parishes naturally come to me for advice and direction. Q. Has the law of 1814 in regard to Trinity Church been ac- quiesced in or not ? I think it has been generally ; no person has appeared in the courts to object to its constitutionality ; had there been any real confidence in the existence of a right in members of other and independent congregations to be corpora- tors of Trinity Church, undoubtedly that right would have been asserted and maintained in the courts, both before and after 1814 ; for more than thirty years after the passage of the law of 1814, no attempt was made to procure its repeal ; there might be cases of individual discontent, as there will be with things most just and reasonable, but they were of no account compared with the general acquiescence and the absence of all formal at- tempts, either in the courts or before the Legislature, to object. Q. What, in your opinion, would be the effect of throwing open the corporation of Trinity Church, and allowing all per- sons in New- York, in communion with the Protestant Episcopal church, to become corporators in that body 7 A. The effect would be disastrous in very many ways ; in the first place, as it would be, in my opinion, a violation of the original meaning and intent of the charter, a meaning and intent recognized and admitted for fifty years, it would constitute an act of public fraud and immorality, so gross as to be of evil influence through- out the whole country ; but besides that, the immediate opera- tion in the city of New-York would be extremely injurious to the peace and well being of the church ; ail the parishes in the city would be brought into conflict with Trinity Church and with each other. Trinity Church is a parish like any other in the city, except as to the amount of its wealth. Persons who were corporators in an independent parish, having its own peculiar interests and objects, would be coporators also in Trinity Church, [Senate, No. 95.] 2 18 J Senate where they would be present by their representatives to embarrass and control her parochial operations, and to take from her her means for their own purposes : such foreign corporators might, and I believe, would have selfish reasons for desiring to cripple the parochial work of Trinity Church, while they sought to build up rival churches of their own. Under such a system, Trinity Church would soon cease to be a parish, in the ordinary sense of the term. Her parochial work would be reduced and gradually ruined; and she would become the mere holder of a fund, a mere financial body, for whose wealth many thousands of persons, cut up into conflicting and rival sections, would be scrambling. The annual elections would present a scene most grossly unbecoming, highly injuri- ous to the character of the church and to the interests of religion, for those elections would be sure to be severely contested elec- tions, where several thousand persons would have a right to vote, and where there would be great temptation among the outstanding congregations to swell the number of their voters, by all sorts of means. There would be a temptation to unfair combinations among different parishes and sections of the city to procure grants in favor of each other. All this would be a per- fect anomaly in the Episcopal church. I know of no eases in which the same person is corporator in the different parishes, the parishes being in a position to be rivals to each other. There are instances, probably, in which a person is a corporator in a city parish and also in a rural parish, where he has his country residence; but this is attended with no serious evil. In every system, whether of the family, the State, or the church, where a person is present within, to influence, to control, he is supposed to be a member of the system, with a kindly interest in it, with a generous devotion to its welfare, and subject to all its laws and authorities. But if the corporation of Trinity Church were thrown open, you would probably have vestrymen present to vote away its money, to control its counsels, who were enemies and aliens; interested in other parishes, but not in Trinity Church; not subject to its rector, not under its religious influ- ence, but present only to vex and harrass. This is not only a No. 95.] 19 violation of all the principles of the church, which require that every person present in a parish with any rights and privileges, shall be amenable to the spiritual authority of the rector, but is a violation of common sense, which requires that those who vote or rule in a body, shall be bona fide members of it, and owe it a hearty allegiance. Q. What is your view in regard to the course of Trinity Church in rebuilding Trinity Church at the head of Wall-street, and in building Trinity Chapel, at the head of Wall-street, and in build- ing Trinity Chapel, in Twenty-fifth-street ? A. I think it was a very proper course. It was natural they should desire to retain the old site down town, so long endeared to them, and it was very important that the lower part of the city, which was in a way to be abandoned by all the other Episcopal congregations, should not be abandoned by them. They owe it to the lower part of the city to maintain themselves there, among the poor, and their property enabled them to do so. In regard to the building of Trinity Chapel, up town, many of their old parish- ioners had moved far up town, with only very moderate means, in many cases, and it seemed the duty of Trinity Church to fol- low them and provide for them, and to seek to retain them as her parishioners. The erection of Trinity Chapel was therefore a proper measure. As to the costly character of the two edifices, I consider that Trinity Church only did her duty in making them models of ecclesiastical architecture. Her wealth had been created mainly by the growth of the city. She therefore owed to the city some contribution in the way of beautiful and mag- nificent edifices. And with her wealth, she owed it equally to the character of her own communion. Had Trinity Church, with its means, limited itself to the erection of buildings of a mode ■ rate cost, I have no doubt the parish would have been severely censured, both by the church and by the community generally. As a general thing, I believe a few costly churches are of great utility to the interests of religion. I have no doubt that West- minister Abbey has, in the course of ages, been worth to the influence of Divine Truth in the world, vastly more than all that it ever cost. 20 [Senate Q. What is your opinion of the effect of the course of Trinity Church, in giving her aid to churches in the form of loans upon mortgages, rather than in the form of absolute grants'? A. Those loans were absolute grants in reality, nobody ever sup- posed that the interest or the principal would be called for by Trinity Church. They never have been 3 in a single instance, although the cases have been very numerous, in which land mortgages have been given. When I consecrate a church, I al- ways wish to know whether there be any debt. 1 never regard a mortgage given to Trinity Church, in the light of a debt. I have never perceived, I do not believe, that such mortgages, in any way affect the independence of ministers, or laymen. It is very common indeed, to see the minister and laymen of a Church, subject to a mortgage, voting against measures favored by Trinity Church. In convention, I doubt whether any 'one remembers or reflects, whether mortgages exist in particular quarters, or not. The effect of these mortgages has, I have no doubt, been important in preventing the property of churches from being sold and alienated from their sacred use. And this, I have always understood, was the sole object of Trinity Church in requiring them. Q. St. Matthew's Church in New- York has been recently closed. Was it the duty of Trinity Church under the circum- stances, to have prevented that result ? A. I cannot say, that, under all the circumstances of the case, I would have advised Trinity Church to do differently from what she has done. Q. What is your view of the past management of Trinity Church in relation to the poor? Trinity Church has done a great deal for the poor in many ways — She has provided free education for the poor, in schools and colleges — She has assisted in the erection of between one and two hundred ( nearly two hundred ) churches in the State. To say the least, a very large portion of all these grants must be considered as assistance granted to those who had not the means of doing all for them- selves. She has granted annuities in many cases to aged clergy- men and to the widows and orphans of deceased clergymen. She has schools for poor children connected with several of her churches and chapels. And finally, all her churches, down No. 95.] 21 town, Trinity Church, St. Paul's, St. John's and Old St. George's, supported by her, are, to a very large extent, in the nature of a free provision for the poor. And beside these, there are se- veral other churches, situated in districts much occupied by the poor, which are largely assisted by Trinity Church, Q. It is alleged that in some districts of New York there is a want of adequate religious provision for the poor 5 can you state any facts bearing upon this matter 1 A. Some portions of the city are chiefly occupied by Germans; other inhabitants remove from those sections. There are consequently fewer persons than Ave might at first suppose capable of being gathered into Epis- copal congregations. There may be, and probably is, after all, a deficiency of church accommodation, but it is not as great in some quarters as it seems to be. By the Committee : Q. Do you think in seeking to retain the parishioners in Trinity chapel, it was right to seek to cut them off as corpora- tors 1 A. I have not understood that it was contemplated by Trinity church to cut off her parishioners as corporators. In the abstract I should say it would not be right to do so. I sup- posed it was intended to prevent a rush of strangers from com- ing in and making themselves corporators from interested motives. Q. Did you ever see the lease under which the pews in Trinity chapel were leased? A. I have not. [Lease shown the witness]. Q. After examining the lease, do you not think it would cut them off as corporators ? A. It seems to do so, sir. Q. What appropriations were made by Trinity Church, for three years previous to April 1855, to institutions of charity, benevolence or learning in the city of New York ? A. I have been in the city of New York only a portion of that time, about a year and three or four months, and I am only generally cog- nizant of the fact that Trinity Church has been continually making grants to one object and another, without fixing my 22 | Senate attention to any in particular. I cannot say whether the grants here referred to are included in the grants that have been made. Q. Can you mention any appropriations of the kind spoken of, made at any time, and if so, at what time, and what were they ? A. I know that grants have been made to Columbia College and I believe, to Trinity school. I am not able to answer fully; cannot specify the time. I may be permitted to say that my attention has been more particularly directed to grants at large for church buildings than to those objects. Q. Can you say that you know of any such appropriations, made within the last ten or twenty years? A. I cannot say that I can. Q. You answer the first question that the law of 1814 has been acquiesced in ; has it been by the church in the city of New York generally, outside of Trinity ? A. My impression is, that until within a recent period, twelve or fifteen years, it has been. Q. During that twelve or fifteen years, has not the great body of the Episcopal church, outside of Trinity, in the city of New- York, been dissatisfied with the law of 1814? A. I should not think so; but, as I said before, my acquaintance with New- York, until within a year or two, has been only a very general one, and my opinion is partly formed from what I have known myself, and partly an inference from the absence of any formal attempt to controvert the law. Q. Previous to the law of 1814, did, or did not the inhabitants of New- York, in communion with the Protestant Episcopal church, outside of Trinity, exercise and enjoy the right of voting for wardens and vestrymen of Trinity church ? A. I have always understood that they did not. Q. Do you not understand that right to have been guaranteed under the charter to those in communion with the church, and not belonging to the parish of Trinity church, in the city of New- York ? A. I do not. I may add, that the charter of my own late parish, St. Peter's, Albany, is in the same terms, and was No. 95. J 23 never held to guarantee rights to any one outside the parish. When the second congregation was formed, St. Paul's, in this city, (Albany,) St. Peter's church, having such a charter, had property, to which the members of St. Paul's church never set up any claim. Q. What difficulties would arise in each of the Episcopal churches in the city of New-York sending a delegate to a con- vention to choose wardens and vestrymen to take care of the fund now administered by Trinity church ? A, I think it would be possible to suggest many difficulties of detail. But I have a general answer. The church is governed in accordance with long tried, well settled, traditional principles and practices, the precise nature of which is thoroughly understood from long experience. The system suggested would be an entire anomaly in the church, both in this country and in England, and I should think a very dangerous one to adopt. Q. What has the government of the church to do with the administration of this fund % A. The church knows of no dis- tinction between the administration of church funds and matters purely spiritual. They are all part and parcel of the same system. She does not know of money in any secular sense. I may add, in the case of every known church in this country and in England, the same body that regulates the spir- itual concerns of a parish regulates also its church fund as a religious act. Q. Is not the administration of this fund entirely and abso- lutely separate from all the religious and ecclesiastical care of the church, as a religious society 1 A, I think not. Q. Wherein does she exercise any control 2 A. The imme- diate disposal of this fund is ordered in the presence of and by the rector, wardens and vestrymen, of the parish. They are both immedialely responsible to me as the bishop of the diocese, and are amenable to the church of this diocese assembled in convention. I do not mean, however, to be understood that I supervise the details of appropriations, or that my assent is essential to the validity of any grants by the vestry. 24 [Senate Q. Is not the care of the bishop, rector, wardens and vestry- men, theoretical, and the practical care of this fund entrusted to a committee of the wardens and vestrymen ? A. I think the care of the bishop, rector, wardens and vestrymen, is not theo- retical, but practical, though the bishop, of course, is not a mem- ber of this body, and has only a general oversight over the af- fairs of the church. As in any large body, which in this case amounts to twenty-three persons, there is a sub-committee which, however, takes cognizance not merely of money matters, but of matters bearing upon the spiritual well-being of the parish, and which committee is appointed for the convenience of arranging and preparing business for the full meeting of the vestry, when it is deliberately passed upon. And I have to say, furthermore, that the care of the bishop and the rector is a reality, inasmuch as if the members of the vestry violated their duty they would be subject to be admonished and disciplined by the rector, and if they and the rector together, either or both, clearly violated their duty so as to be adjudged guilty of an offence capable of being made evident to me or the bishop, they would certainly be liable to be disciplined by him. Q. Do the wardens and vestrymen of Trinity Church report to the bishop or to the convention their action in relation to grants or aid to churches, or in relation to their general affairs ? A. They do not formally make a full report of all grants, but from the interest which attaches to the affairs of that parish, I believe its internal business is better known to the bishop and church at large, than the affairs of any other wealthy Episcopal congregation in the city of New-York. I am not aware that there is any concealment. Q. Do they make an informal report ? A. Various reports have been made at different times of the grants of Trinity Church,- and I believe their proceedings generally transpire speedily. In some instances action is reported to me immediately. Q. If they make no report to you, how have you any super- vision over their affairs, except theoretically? A. The general course of the administration of affairs in the parish is well known. I presume it will be found that in every year the No. 95.J 25 receipts and the expenditures of the parish are known to a very- considerable number of persons most interested. Q. Have you any knowledge whatever of the managed affairs of Trinity Church ? A. I have only a general knowledge of those of my parish. Q. What greater reason was there for abandoning the church at the Five Points, and Christ Church, than for abandoning Trinity Church at the head of Wall street 1 A. The church at the Five Points and Christ Church, were independent parishes^ and moved, I presume, of their own option to a more eligible portion of the city. Trinity Church might have removed to a more eligible portion of the city, so far as the character of her worshipers, for wealth, were concerned; but preferred to retain a very old site,, the oldest I believe in the city, and to continue to exercise her ministry in that very destitute portion of the city. Q. Were there not as strong reasons for retaining Zion church at the Five Points, as there were for retaining Trinity upon her site 1 A. I was not as well acquainted with the position of Zion church in those days as with that of Trinity, and it may have been very desirable that a church should have been retained in the place of Zion church. Q. Is or is not the effect of making loans to churches and tak ing back bonds and mortgages for the money so loaned, to cause the churches thus receiving loans to vote in convention for the particular views Trinity Church espouses? A. I can only judge from my own experience and observation, and so judging should think not. I can recall many cases where such mortgages exist, and where the rector and the lay delegates quite habitual- ly vote on a side different from Trinity Church. My attention has never been called to any case where the independence of the rector and laity seemed to have been impaired in consequence of the existence of any mortgage. Q. Do or do you not know that in the grants of Trinity Church, she aids ten churches classed as " high church," where she aids one of opposite views 1 A. I do not know that she 26 [Senate does ; it may seem strange, but I never have looked at the grants of Trinity Church to see how that was. Q. Can you state the comparative number of the congregations known as " high church " in this diocese, and those known of the opposite character 1 A. I can suppose that there are many congregations that would not care to have either term applied ; but if the line were to be strictly drawn, including on one side or the other every congregation, I suppose there would be five or six of the " high church " to one of the ' low." Q. What is the proportion in the city of New- York ? I am not so well informed in regard to the city of New-York as in regard to the whole diocese, because a general vote is sometimes taken in convention showing the comparative numbers in the whole diocese, but nothing of the same kind occurs to show the proportion in the city, yet I have no doubt that the proportion of what would be called " low church " in the city, is somewhat larger than in the diocese generally. Q. Was there not a time in the city of New- York, when all Episcopalians in that city had a right to vote at the elections of Trinity Church 1 A. I am not aware that there was any such time, unless it was at a very early period when all Epicopalians were members of that parish. Q. What greater difficulty would there be in managing a larger property of the church through the convention, than there is in managing the Episcopal Fund'? A. So that they were rightfully possessed of a large property, I think they might be able to manage it. By Counsel for Trinity Church. Q. Say, whether there is not, necessarily, a most intimate connection between the spiritual and financial affairs of a parish, growing out of the fact, that the funds are to be applied with reference to spiritual interests ? A. Undoubtedly. Q. Had Trinity any control over the removal of Zion Church from the Five Points, or Christ Church from Anthony street 1 A. I am not, aware that she had. No. 95.] 27 Q. If it be true, that in eight, out of the past ten years, an average of hardly one in ten of the corporators*of Trinity Church appeared at the vestry elections of Trinity Church, is this a state of things peculiar to that parish, and does it indicate a torpor?" A. It is quite the ordinary condition of things throughout the diocese, I should think. It is generally rather a favorable indication, than otherwise, implying satisfaction with the administration of the affairs. As a general thing throughout the diocese, and throughout the country, probably, you will find few voters present, unless there is some trouble. Q. How was it, during the twenty-two years that you were Rector of St. Peter's Church in Albany 1 A. I suppose, out of one hundred and twenty-five or one hundred and thirty corpora- tors, there were, on an average, from six to ten persons present at annual vestry meetings. Q. Do you think that Trinity Church has done its utmost to make the capital of the property of that corporation, available for the founding, support, or promotion of religious, charitable, or educational institutions, or purposes'? A. It is a very diffi- cult question for any one to answer, I have had some plans that I have wished, and intend to propose to the Rector and vestry of Trinity Church, but I was met, in turning the matter in my own mind, on the threshold, with the fact, that Trinity Church has already a debt of, between $600,000 and 700,000 ; She is con- stantly beset by various applications, for important objects, and has been making grants, whenever she felt herself warranted in doing so ; and I have felt that there might be difficulties about raising large sums of money at present, and having en- tire confidence in the probity and good-will of the vestry, I felt unwilling to press them to exertions beyond what their own judgment warranted. Whether they have ever made any mis- takes, or omitted to make appropriations, when they ought to have done so, I am sure I am not able to sa) , nor do I consider it a very material question in the present aspect of affairs. Q. Is it the practice of the Vestry to consult with the bishop of the church with reference to making or refusing grants 1 28 | Senate A. It is not; I maybe spoken to in some instances, but I par- ticularly wish to avoid it. The applications will always be very much more numerous than can possibly be granted under any conceivable state of things. If I was known to interfere in the matter of appropriations, my duties and responsibilities would be very largely increased indeed, without any corresponding benefit to the church. I have felt obliged to have it understood in the diocese that I could not act in behalf of applicants. Q. Can you tell us whether Trinity Church has, within the past twenty years, given any lots of land for any purpose what- ever, except the burial plot spoken of in the report ? A. I don't know whether she has or not. Recess to to-morrow at 4 p. m. Thursday Afternoon, Feb. 17, Present, Senate Committee, Messrs. Spencer, Noxon, and Ram- sey; Judge Parker and 0. Meads, Esq., counsel for Trinity Cor- poration. Rev. Jesse Pound recalled, examined by Counsel for Trinity Church. Q. Were you the Pastor of St. Matthew's church at the time it was closed 1 A. I was. Q. What other Episcopal churches were near St. Matthew's ? A. There were several, St. Luke's St. Clement's, and there was a recently organized congregation called the St. John the Evan- gelist, first called St. Jude's; these were all that were in the im- mediate neighborhood. Q. Which of these was the last organized ? A. St. John the Evangelist, or St. Jude's as formerly named. Q. Was there in your opinion any necessity for the organiza- tion of St. Jude's ? A. I think not, the wants of the neighbor- hood were abundantly met by existing corporations. Q. How long before St. Matthew's was closed was St. Jude's organized'? A. I think about eight years; but would not be certain as to the precise time. No. 95.] 29 Q. How near was St. Jude's church to St. Clement's 1 A. It was very near the length of one block. Q. How far was St. Luke's from St. Matthew's ? A. The distance ot three blocks. St. Luke's was nearest to St. Mat- thew's. Q. How far is St. Jude's, or St. John's the Evangelist, from St. Matthew's A. It is within three blocks. The following letter was here introduced and read : To the Rector J Church-wardens and Vestrymen of Trinity Church : Gentlemen — The undersigned, in behalf of St. Matthew's church, in this city, beg leave to address you for the purpose of discharging a duty, which is as pleasing to our own feelings as we hope it will prove acceptable to your's, and which has only been thus long delayed by the fact of our not having had a regular and full vestry meeting during the past summer. The duty alluded to, is that of presenting to your honorable body our very sincere and most grateful acknowledgments for the annual appropriation you have been pleased to make to the parish we represent. We beg leave, most sincerely, to assure you of our grateful appreciation of this act of kindness and consideration, and that we regard the value of the stipend, and our obligation to its donors, vastly increased by the fact that it was unsolicited. We consider it to be the province of St. Mat- thew's to test the practicability and efficiency of the free church principle, and since God's providence has placed us in a condi- tion to test it fairly and fully, we are determined so to do, that if it fail here, it may be regarded as a total failure. Accept therefor our most sincere thanks for giving us something on which our rector may rely while this experiment is being made ; and praying God to bless your exertions in discharging the obli- gations of your high trust and mighty responsibilities, we are, gentlemen, very sincerely, New-York, October 20th, 1847. (Signed,) John McRae, Henry Fisher, Your grateful friends and brethren, ,) JESSE POUND, Rector. Wardens. 30 [Senate Q. Is that your signature affixed to the letter? A. Yes, sir. Q. Are the others the signatures of the wardens I A. Yes, sir. The witness desired to explain, as follows: St. Matthew's church was first given to the City Mission Society. To that society, Trinity had been accustomed to give an annual stipend, to each of their stations. That society became unable to sustain itself. The City Mission Society paid the stipend to each church, of which Trinity paid $600, which was one-half. There were three churches. The action of Trinity church vestry, to which that letter refers, was subsequent to their being given up by the City Mission Society, and consequent upon that act. The $400 was, therefore, in lieu of the $600 which had formerly been paid to the City Mission Society. Again, in relation to the reasons which led to the founding of St. Matthews Church. It was first purchased by an individual wholly, and given to the City Mission Society, in order that it might supply free church accommodations to that neighborhood. The location of the church was not esteemed a desirable one, chiefly on account of its nearness to St. Luke's; but the property was an eligible one and such as could be paid for with the means in hand. Before any step was taken towards the purchase, or any third individual knew of such intention, Bishop Eastman and myself waited upon Mr. Forbes, then the rector of St. Lukes. Dr. Eastman stated to him his purpose, and asked him if he had any objection arising from its nearness to St. Lukes. He replied he had not the least, and bid us God speed. He further observed that he could have no objection, inasmuch as there had not been a pew or sitting to let in St. Lukes for years, and there were constant applications for them which they could not supply. He further observed that were the church on the lot adjoining St. Lukes he would have no objection. Q. How long before the closing of St. Matthews did you adopt the practice of renting the pews 1 A. About three years. The practice was continued until the close of the church, but the rent was nominal, ranging from $5 to $20. The only object was to produce income enough to pay expenses. No. 95.] 31 Q. Who was the first rector of St. Jude? A. Rev. R. C. Shineal. Q. Did he afterwards become a Presbyterian minister? A. He did, soon after he left the parish. By the committee, Q. It appears by the report of Trinity Church, that she gave annually to St. Lukes §2,100. "What portion of that sum given to St. Matthew's would have sustained that church? A, One- half of it. Q. By giving one-half that sum that property would then have been preserved to the Episcopal Church in the city ? A. It would. Q. Did Trinity Church receive back from the City Mission Society any considerable portion of her advances to that institu- tion ? A. I have reason to believe they did from the sale of the property, but not from the society. Q. How was the property sold ? A. It was sold under fore- closure of mortgages. Q. Did Trinity Church hold mortgages upon those two churches ? A. I presume not. Q. How then did she collect the money. A. The church of the Holy Evangelists was bought and paid for wholly by contri- butions of private churchmen. The church of the Epiphany partly so; the other part, as I have been informed by the trea- surer of that society, was obtained by mortgage of the two churches to the Howard insurance company for $13,000. When the security ceased there was no one to pay the interest, and the mortgages were foreclosed. Trinity, as I have been informed, became the purchaser. The Holy Evangelist's was sold, as I have been informed, for $15,000. Q. What description of people made up the congregation of St. Matthews? A. They were persons in humble circumstances; large proportion of them were poor. There was not a wealthy individual in the congregation. 32 [Senate What description of persons made up the congregation at St. Luke's ? A. They were of a more respectable class, and much more means. By Judge Parker. Q. You have stated that half the allowance made to St. Luke's would have sustained St. Matthews church. Do you mean that it would pay the indebtedness of the church and the mortgage on the parsonage 1 A. No, it could not do that. Q. How much would it have taken to do that and to put the church edifice in repair? A. About $6,000. That would have left the whole property clear. An annual stipend of $1,000 from Trinity, after paying this indebtedness and repairs, would have paid its rector $1 ,000 per year and all ordinary expenses of the parish. The whole annual expenses of the parish never exceeded $1,700. I am now rector of the St. Luke's church, at Rossville, Staten Island, and receive an annual salary of $400 and a parsonage. By the committee. Q. What was St. Matthews worth at the time it was mort- gaged? A. It was considered a cheap purchase at $1,500. It has been reconveyed to Bishop Eastman, the donor, who origi- nally gave it to the City Mission Society. Rev. William Berrian^ Rector of Trinity Church, called and sworn : Examination by counsel for Trinity Church. Q. How long have you been a minister of Trinity Church 1 A. I am in the 46th year of my ministry in that parish; I was nearly seventeen years assistant minister, two years assistant rec- tor, and have now been upwards of twenty-six years rector of the same. Q. State whether, from this long connection with the parish and your official station, you have become very familiar with its concerns 1 A. Legal questions being excepted, there are pro- bably few more so. No. 95.J 33 Q. What particular facilities have you for this kind of infor- mation from your position as rector 1 A.I preside at every meeting of the vestry, and as presiding officer all its business passes me as presiding officer in the first instance, and if it be referred either to special committees or the standing committee, is generally more or less known to me in its progress, and always, of course, (unless referred with power,) before the final action upon it. Q. Has your attention been drawn to the affairs of this cor- poration in any other way which might make you still more familiar with them 1 A. A few years since, I wrote the history of Trinity Church, the materials for which were drawn from the most authentic and reliable sources, and with as much re- gard to truthfulness and accuracy, as honesty of purpose and labor and care could possibly make it. I have, since that, writ- ten a vindication of this corporation, in a pamphlet entitled " Facts against Fancy," from the unjust and unmerited asper- sions which have been cast upon it, and brought down the list of its gifts and bounties very nearly to the present time. I have also recently prepared a report to the vestry on the actual work- ing of the system in our parish under its present arrangements, which could scarcely fail, from its beneficent results, to satisfy every candid and unprejudiced mind. Q. Eeing so familiar with the affairs of Trinity Church, why did you not testify before this committee at its sessions in the city of New York 1 and why did not all the assistant ministers testify 1 A. I was not summoned by the committee, and only three out of eight of the assistant ministers were; on what grounds the discrimination was made it is impossible for me to tell. Q. Is there any foundation for the charge that the standing committee possess nearly all the reliable knowledge of the affairs of the corporation 1 A. In no degree whatever. Q. Of whom does the standing committee consist and when is it chosen 't A. The standing committee consists of the Comp- troller, the clerk, and six other members of the body, who are selected from the whole number of the vestry, consisting of twenty-two members, on account of their supposed preeminent [Senate, No. 95.] 3 34 [Senate fitness for the proper consideration of the subjects referred to them. The standing committee are elected every year. Q. What is the usual course of proceeding in regard to the matters referred to the standing committee ? A. It is merely a matter of reference to report on them after due consideration. Q. Have the vestry in the meantime no control in the matter and no voice nor influence in the course of its proceedings 1 A. So far from this, a full and circumstantial written report is made by the standing committee at each monthly meeting of the vestry, of all that has been considered and acted upon since the last meeting of the body, as well as very often upon matters undecided and postponed. Q. Are the recommendations of the standing committee con- clusive 1 A. By no means ; they come back to the body un- doubtedly with great weight, from the care with which they are made up, but not in all cases with hearty consent and im- plicit submission ; and hence, very often when not approved by the vestry, they are either sent back to the committee for recon- sideration or at once rejected. Q. It is stated that two of the assistant ministers of the parish have made several efforts to obtain a list of the corporators, but unsuccessfully, can you throw any light on this point 1 A. In regard to one of the cases which I suppose to be alluded to, if right in my conjecture I think that I can. Bishop Wainwright applied to the rector for a loan of the book containing the names of the corporators, and subsequently modified his application to examine and take a copy of it, if he deemed it expedient. The rector replied, " with respect to the right of any corporator to examine the book there cannot be a doubt, but the taking a copy of the same is a question I do not feel competent to decide." The matter was submitted to the vestry who unanimously adopted the following resolution : " Resolved^ That the Right Rev. Pro- visional Bishop of the diocese be permitted to inspect the book, containing the names of the corporators, and to make such ex- tracts and copies as he should think proper." This list was afterwards drawn out and handed to the Bishop by the sexton of St. Pauls. The application for the list was made to the No. 95.] 35 rector, beeatise the book was sent to him for the correction of the list by his annnal statement of the new communicants which had been added to the parish, and the losses which it had sus- tained by removals and deaths. Q. Is the list of the corporators of Trinity Church kept in the joint charge of the Comptroller and Rector? A. There seems to have been some misapprehension on this subject. The list is kept in the vestry office, and is under the sole custody ef the Comptroller. My only agency in regard to this list, is, to make an annual statement on the meeting of the Vestry, im- mediately preceding the election of wardens and vestrymen at Easter ; of the names of the new communicants, which have been added in the interval, and the decrease of the number in the same period, by death, or removal ; in order to render the list more accurate and complete. This is done regularly every year, and how one vestry-man, if accustomed to be in his place, and giving any proper attention to the business before him, could have been ignorant of the purpose for which it was done, or another, having never seen this list, a privilege which he had a right to demand, but, which he never appears to have claimed ; is to me a matter of surprise. Q. State, whether the book containing this list, is usually taken to the place, where the election of Wardens and Vestry- men is held 1 A. I know that it is frequently, if not uniformly, and I believe that it is open to the inspection of any persons present, who may have the euriosity to examine it. Q. Can you inform us, whether it was one of the objects in building Trinity Chapel, to increase the number of the consti- tuency of Trinity parish 1 A. I think that I can. In the year 1848, observing the rapid changes that were going on in the lower part of the city, and, that in a very short period, we had lost by removal, more than half of our parishioners, I drew up a very careful and elaborate report of the comparative state of the parish, and submitted it to the vestry, which impressed them at the time, and subsequently led to the building of the chapel. As some of the motives and reasons which I presented, have a bearing on the matter in question, I beg leave to make 36 [Senate a brief extract from the report itself. " From 1840 to 1848, three hundred and thirty-five families and seventy individuals, appear to have left the parish. Of these, a great part were born and brought up in it, and completely identified with it, anxious for its growth, jealous of its interests, accustomed to its arrangements, attached to its usages, friendly to its clergy, and to each other, and linked to it by such sacred and en- dearing associations, as nothing but the force of circumstances could have induced them to sever. Many of them, also, from their social position, their professional standing, their educa- tion, their wealth, and their influence, as well as from their sound churchmanship, their unaffected piety and moral worth, gave a greater degree of lustre and dignity, both in the eyes of the world and the church, to the ancient and venerable corporation with which they were connected. But this was not all. There was then a wider range than there is now, for the choice of distinguished, upright, and intelligent vestry- men, who might be qualified to administer the sacred and im- portant trust committed to their charge with a becoming libe- rality, and yet with such wisdom and prudence as not to impair in a day what might be useful to the church for ages to come.'' The purpose, therefore, was perfectly reasonable and natural, and such, it would seem, as every pious and judicious mind would sanction and approve ; to regain and preserve tried and attached friends, to keep up the standard of our constituency to the elevation which it had always maintained, and to enlarge the means of our usefulness to others. It was not supposed that the new chapel would be entirely filled with those who were already corporators as pew owners in the other churches of the parish, nor has it turned out so, but that there would also be an addi- tion to their number, at least as communicants, among the new- comers. This is a simple and unvarnished statement of the mo- tives and reasons by which the vestry were actuated in the erec- tion of Trinity chapel. Q. What can you say on the subject of the establishment of free churches in the city of New- York, and the aid that Trinity church has afforded them 1 A. The plan of free churches in our No. 95.] 37 communion in this country, is a very recent affair, and altogether experimental, and with the excption of the church of the Holy Communion, and one or two others, nearly all that has been done in their behalf in this city, has been done by Trinity Church. Q. It is stated that it does not appear from the report ot Trinity Church that it has ever built any free church 1 Has it done anything equivalent ? A. Though that may be true, she has nevertheless done what may be regarded as a fair equiva- lent. The grants of $14,000, towards the Church of the Nativity, seems to be passed over slightly, as if it were a trifling affair. I doubt, however, whether if it were put up for sale to-morrow, it would bring much more than Trinity has bestowed on it. Q. What has Trinity done in regard to St. George's chapel in Beekman-street 1 A. Through her instrumentality it was res- cued from destruction when it was about to be razed to the ground. The liberality and grace of this transaction, however, seemed to have been lost sight of in the report of the committee of the Senate, from an error, as they suppose, in the report of the committee of the vestry. Q. Explain, if you please, your meaning on this point 1 A. The vestry of St. George's wished a release of the condition on which the grant of lands from Trinity church was made to St. George's, in order that, being entirely unfettered, they might be sold to more advantage. This was, that there should be always a good and sufficient Protestant Episcopal church kept up in Montgomery ward. An arrangement had, therefore, been made between a committee of the vestry of Trinity church and a committee of the vestry of St. George's, that, upon the release of this condition, the latter should deposit ten per cent, of the purchase money arising out of the sale of a portion of their lands, for the purpose ol carrying out this object, and allowing St. George's chapel to be sold. When the report of this arrangement came in, I expressed my great repugnance to it, as I had worshipped there in my youth; and in this feeling, I remember, Mr. Verplanck, Chief Justice Jones and Gen. Dix entirely sympathised with me. It was, 38 [Senate therefore, sent back to the committee for reconsideration. The church was valued, by the vestry of St. George's, at $50,000. With their consent, the vestry of Trinity church agreed to take an abatement of $25,000 in the price of the chapel , in lieu of the obligation into which St. George's had just entered, and thus the venerable edifice was saved from destruction, and the condi- tion of the gift fulfilled. The relief which was thus given to St. George's from the harrassing and expensive claims of pew owners in the chapel in Beekman-street, and owners of vaults in the ground around it, in case the church had been torn down and the land disposed of for more ordinary purposes; and the sum that would have arisen out of the reservation of ten per cent, of the purchase money in the sale of a considerable num- ber of their most valuable lots, were regarded, I believe, at the time, on both sides, as a fair equivalent for the deduction of $25,000 from the price which was asked for the chapel. It was, therefore, for a full and valuable consideration that this deduc- tion was made of $25,000, and not merely for " the worth of the vote;" though this valuable consideration could not have been obtained without it. Q. Beside the payment of assessments, repairs, alterations and other expenses, by Trinity Church, has anything else been done for St. George's in Beekman street 1 A. It has relieved the con- gregation entirely from the support of their minister, and assumed the payment of the whole salary itself ; thus enabling it to become a free church, in a part of the city where one was much needed. Q. It is stated that it appears from the report of the commit- tee of the vestry, while nineteen churches not free have been aided in their support, in the city of New-York, within the last five years, no mention is made of building, enlarging and en- dowing them. How is this] A. If it be so stated, it must have been from mere oversight; as some certainly have been aided in that way. tfo. 95. [ 39 Q. Which are they ? A. Going back but a little way beyond the prescribed limits, the following grants have been made : June 12, 1848, the Holy Evangelists, $6,500 00 April 12, 1848, Free Church of the Epiphany, 6,500 00 St. George's Chapel, for assessments, repairs, altera- tions, cStc, in addition to the purchase money,.. 5,660 30 June 28, 1847, Church of the Nativity, towards building the same, 5,000 00 November 26, 1849, " " 4,000 00 Grace Church, Brooklyn, towards the debt incurred in its building, five annual instalments of $1,000 each, ... 5,000 00 March 21, 1853, Church of the Annunciation, 25,000 00 April 9, 1855, Church of the Redeemer, at York- ville, 9,000 00 January 9, 1854, St. Mark's, Williamsburgh, , 6 ,000 00 And coming a little this side of the limit of 5 years, Free Church of the Holy Innocents, 5,000 00 Church of St. John the Baptist, 15,000 00 Making together, $92,660 30 Q. A question is made as to the endowment of churches in the city of New-Yorn, by the said corporation, within the last five years. What have you to say about such restriction as to time ? A. Had the instructions of the committee been a little more enlarged as to time, and a little more comprehensive in their range, so as to include Williamsburgh and Brooklyn, which are almost virtually a part of New-York, it would be seen from the foregoing statement that there are no less than five free churches, and five not free, that have been aided in the building, enlarging, or endowing of the same. And that the aggregate amount of these grants for such purposes is $92,660.30. Q. Has Trinity done nothing more in behalf of free churches than you have already stated ? A. She has made annual allow- ances towards their support, to the following churches : the church of the Nativity, the Epiphany, the Holy Evangelists, the Holy Martyrs, the Good Shepherd, St. John the Evangelist, the 40 ^Senate Holy Innocents, St. Simons, St. Timothy, St. Cornelius, St. Bar- nabas, and the Seamen's Mission Churches of the Church of the Saviour and the Holy Comforter. Q. What were the amounts of these annual allowances 1 A. They have varied according to the several necessities and circumstances of each particular case, but range from $200 to §1,200 per annum. Q. Could these free churches, in your opinion, have been sus- tained without this aid from Trinity Church 1 A. I think that most of them would have languished, and been much less effec- tive in their operations than they now are; and that the rest of them, in a short time, would have absolutely perished. Q. How far may Trinity Church itself be regarded as a free church ? A. It is so in a great measure virtually, though not in name. The parish church is open to all every morning and evening each day in the year, almost literally, without money and without price; and both the temporal and spiritual wants of the poor who frequent it, and who live in its neighborhood, are attended to with a watchfulness and kindness which have been seldom equalled among us, and never surpassed. The same thing may be said, in a degree, both of St. Paul's and St. John's. And even in Trinity chapel, kind arrangements have been made by free sittings, which enable the rich and poor to meet together without any sense of humiliation. In the four churches of the parish there are in effect about twelve or thir- teen hundred free sittings. Q. But has not the number of these free sittings been greatly multiplied from the mere force of circumstances, arising simply out of the non-occupation of the pews by their owners without any action of the vestry in the matter'? A. It was not so in regard to a great number of them, for it was expressly stipulated in the renting of the pews in Trinity chapel, that those who hired them should be exempted from all rent on their pews in the churches below, on the condition that they should be placed at the disposal of the vestry. Q. And what disposition has the vestry made of them 1 A. It has left them entirely free. No. 95.] 41 Q. What have you to say in regard to the sale of Zion church, Christ church and St. Matthews, without any effort on the part of Trinity Church to prevent it and to convert them into free churches % A. From the removal of so many families belonging to Zion church, and the consequent decrease of the number of Episcopalians in that neigborhood, the congregation was greatly reduced. All the efforts of the active, zealous and indefatigable rector seemed to be fruitless, and it was constantly dwindling away. Already, in grants, gifts and annual allow- ances, had Trinity bestowed on Zion $41,770, a sum larger than that for which it was actually sold. There must necessarily be some limit to her bounty, and especially in a case like this where a fresh outlay, even for a free church, seemed to hold out but little promise of an adequate return. Christ church also had received from Trinity the still larger amount of $77,450. After these lavish gifts and grants, why should not the corpora- tion of Christ church itself have turned it into a free church, and not left the reproach of neglect to be borne where it did not belong ; with respect to St. Matthews, by the admission of its rector, it had fairly died out. In this state of things there seem- ed to be but little occasion for the interposition of Trinity Church. Q. The next inquiry, according to the resolution of the Hon- orable Senate, whether any, and if any, what appropriations have been made by them during the last three years to institutions of charity, benevolence or learning, in the city of New- York ; to this inquiry what answer have you to make % A. The simple regret at the same restriction as to place, the city of New- York; and the still narrower restriction as to time, than in the enqui- ries before it, thus cutting her off in the public mind, from the grace and credit of one of the noblest acts of munificence which Trinity Church, in the vastness of her bounty, has ever done. Q. What is that? A. The grant of §50,000 to Geneva College, and the arrangement by the church, to pay the interest on that sum, at six per cent, until the principal should be paid ; which has enabled it to become a Free College, the first instance of the kind, I believe, throughout our land. 42 [Senate Q. Is there any thing else since the ample endowment of Co- lumbia College, the Society for promoting religion and learning, Tiinity School and Hobart Free College, that Trinity has done, for institutions of charity, benevolence, and learning? A. If aid to the board of missions, whose office is established in the city of New-York, or to the Missionary Committee of this dio- cese, whose deliberations are held in the same, be classed under this head ; I may then mention, that $5,000 was granted to the former, on one occasion, in behalf of the African mission, and $3,000 at another, presented as an offering on the altar to the latter, for the benefit of our diocesan mission. Q. When however, was this? A. In 1851, unfortunately again, a little too soon, to come within the very narrow limits prescribed by the Senate, for so comprehensive an inquiry. It may here be as well to account for the comparative smallness of her benefactions in these three years. Trinity Church was at that very time engaged in building a large, substantial and expensive chapel, for reasons which, as I have already stated, seemed to make it essential to her well being. But, notwith- standing this temporary check to the free course of her boun- ties, the gifts, grants and loans of Trinity Church, from the close of 1847, to 1855, amount to $331,800.83, exclusive of the abatement of $25,000, for reasons above stated, from the price of St. George's. Q. It is stated, that Trinity Church has never at any time, endowed any Institutions of charity, or benevolence, even for her own poor. How is this ? A. This appears to me, a most remarkable statement. It has, liberally and amply endowed Trinity Charity School, which has been doinj; immeasurable good to her own poor, and others, from generation to genera- tion, and which, from a munificent bequest, of which she is just about to come in possession, promises to become one of the most important institutions in the land. The testimony on this point, comes from a quarter where it was but little to have been ex- pected, and is calculated to leave a false impression on the public mind. Neither Trinity parish, nor Trinity corporation, have been so unmindful of their own poor, as the report of the committee would seem to imply. The communion alms, which, No. 95.] 43 in other churches, are often appropriated to mere general pur- poses, are in this parish, applied exclusively to the relief of the temporal and spiritual necessities of the poor. The private con- tributions of individuals, for the same benevolent purposes, in connection with our parochial charities, the Dorcas societies, the Industrial schools, and the Parish schools, bear some reasonable proportion to the ability of our people. Besides these, there are annual and occasional collections in the Parish, fnr St. Luke's Home, the Orphan's Home, the House of Mercy, and for the re- lief of human suffering and want, in other forms. These, ex- clusive of the collections for the House of Mercy, which are now in progress, amounting in the last conventional year, to between 7 and $8,000. In addition to this, Trinity Church corporation, makes an annual contribution of $2,000 towards the Communion fund, to supply the deficiencies in the offerings of the people, on account of the altered condition of things in the parish. It appropriates nearly $1,600 a year, to lay agents, whose business it is to give needful assistance and counsel to the emigrant, on his arrival at this port ; to visit the suffering poor, and ascertain their fitness for the bounty of the Church, and to search out the ignorant, for religious instruction . It expends about $1 000a year on the Parish school of St. Paul's chapel, and it likewise em- powers the Rector, with unlimited discretion, to give orders for the free burial of the poor, of our own congregations, as well as of others, a privilege, which is very frequently sought, and in almost all cases, cheerfully granted alike, to all. Q. It is said that there is partizanship in the grants which Trinity Church has made. Is there any truth in this charge ? A. As a christian man and a christian minister, I declare that I have never heard one which appears to be more unfounded and unjust. I have for twenty-eight years as assistant rector and rector, presided at the meetings of the vestry, and I have never heard a syllable from any member of that body in any applica- tion before them which would warrant the charge that it would be determined on partizan grounds. What influence the differ- ence of opinion may exert on individual minds it is impossible to tell; but I know very well that the question never comes up nor is even alluded to in the vestry itself. 44 [Senate Q. How far would this distinction of partiality in the grants themselves be proved by a reference to the parties to whom they were made? A. So far as the city of New-York is concerned, it would be a distinction without a difference; for with two single exceptions, all the churches in New-York, amounting to the number of fifty, have been sharers of her bounty. The fol- lowing list of all the church corporations in the city of New- York, is taken from the journals of the convention. Those not marked with a star have been aided by Trinity Church. It will be sure there are but two in the list that have not received aid from Trinity. The one The Church of the Holy Communion, that was built by the relict of the late John Rogers, the other is the Church of the Incarnation, that occupies the building erect- ed by Grace Church for a free church. New-York City and County. Advent, All Angels, All Saints, Annunciation, Ascension, Calvary, Christ, Crucifixion, Emmanuel, Ephiphany, Holy Com- forter, Our Saviour, Good Shepherd, Grace, Holy Apostles, *Holy Communion, Holy Evangelists, Holy Innocents, Holy Martyrs, *Incarnation, Intercession, Messiah, Nativity, Redeemer, Redemp- tion, St. Andrew's, St Ann's, St. Barnabas, St. Bartholomew, St, Clement's, St. Cornelius, St. Esprit, St. George's, St. George the Martyr, St. James, St. John the Evangelist, St. John the Baptist, St. Jude's, St. Luke's, St. Mark's, St. Mary's, St. Matthew's, St. Michael's, St. Peter's, St. Philip's, St. Simon's, St. Stephen's, St. Thomas, St. Timothy's, Transfiguration. Q. But may not this aid have been rendered in different de- gree ? A. It would be exceedingly difficult to made a compari- son from actual facts, but I think that I may venture to say very safely, that if the aggregate amount of the favors and benefits received from Trinity by those churches whose rectors and ves- tries are supposed not to sympathize with her in her views, were set against the amount received by those whose rectors and vestries cordially do, that the groundless charge of undue par- tiality would be still more apparent. In this comparative esti- mate, however, must be included, what the corporation has done for St. Mark's church, Grace church, and St. George's, whose No. 95 ] 45 rectors, if we may judge from their evidence in the present inquiry, appear to have had no great good will towards Trinity Church, though with more reason for kind feeling and grateful recollection than all others. Q. Have you met with any instances among those called " low " churchmen, who have viewed this matter in a different light 1 A. I have with one, which is somewhat striking. A few years since, a frank and high-minded clergyman, who prides himself on his low churchmanship, but who is as liberal in his feelings towards the views of others as he is honest in his own, after having read the history of Trinity Church, expressed to me his amazement at the extent of her bounties. I remarked to him, however, that he would perceive they were indiscrimi- nately distributed, without regard to difference of opinion, among those who received them. And what if they had not been, he earnestly replied, had not Trinity Church a perfect right to do what she pleased with her own, I am sure I would have done so. Q. Hearsay evidence has been received to show that a certain application for relief to the vestry of Trinity church had been repelled by the comptroller, on the score that the parish, in whose behalf it was made, had not voted in favor of Bishop Orderdonk; what do you say to this ? A. If this statement be true, the subject, nevertheless, from its peculiar delicacy, has never been touched on in the vestry of Trinity church, and I am very sure that it was never made the ground of any action in this body, either in one way or the other. Q. It is stated that the active liberality and zeal of the parish- ioners of Trinity have been so far weakened, that their four congregations united do less than some single independent con- gregations in the same city, with little or no endowment. Is this comparison well founded and just ? A. Far from it, I think. It is well known that from the lower part of the city, in which Trinity and St. Paul's are situated, and even as high up as St. John's, nearly all the people of wealth and condition have remo- ved and gone up town. Trinity church, though well attended 3 is almost entirely filled with strangers, and the poor,only a very 46 [Senate scanty remuant of the former congregation remaining. The same may be said, in a measure, of St. Paul's, and in some degree, of St. John's. The united ability of all three, for the exercise of charity, I do not believe, is equal to that of the congregetion to which reference is supposed to be made. Q. What Episcopal churches, besides Trinity, St. Paul's and St. John's are left in the lower part of the city ] A. None but Du St. Esprit and St. George's chapel, in Beekman-street. St. George's church has g me up among the rich, taking its ample endowment with it. Grace church, with all its parish and indi- vidual wealth, has done the same; and so likewise have Christ church and the Ascension ; leaving their deserted poor in the lower part of the city, almost entirely to the care of. Trinity; and then she is taunted with the scantiness of her collections, from those who, for the most part, have comparatively but little to give. Q. Is it true, as charged, that a general torpor pervades the whole concern. A. If there were even more ground for the charge than there is in regard to temporal matters, it is spirit- ually full of life and activity. Notwithstanding all the re- movals and all the changes which have taken place, it has not for years been in a more prosperous condition. It will appear from the report of the Rector made recently to the Vestry, that in the course of the last conventional year, 33 adults and 400 children were baptised in the parish, that 176 persons were con- firmed, that there are 1,100 communicants, that there were in the Sunday, parish and industrial schools, 1,307 scholars and teachers; and that, in the same period, there were about 2,000 Sunday and week-day services in the parish. Q. But is not this state of things in the parish, in some mea- sure, owing to the action of the Senate ? A. Neither the fear nor favor of man had anything to do with it. The motives to this activity and zeal, I humbly trust, came from a higher power. In the fall of 1855, a committee was appointed by the vestry on the state of the parish to consider and report thereon, and with a more especial view to its future arrangements on the completion of the new chapel, several meetings were held on No. 95.] 47 the subject, and all the leading features of the system were marked out and settled, according to my recollection and belief, before the action of the Senate. Q. It is also stated, apparently as an instance of the same torpor, that there is so little interest taken in the vestry elections, and that in eight out of the past ten years, an average of hardly one in ten of the corporators cared to appear. Do you consider this the fair conclusion 1 A. On the contrary, I think it the very reverse. It seems to me a decisive proof of the satisfaction and confidence of the corporators, in the general administration of the affairs of the parish. Did a different sentiment prevail, whatever their sluggishness, it would soon draw them out as all experience shows. Q. Do you think that Trinity Church has done its utmost to make the capital of the property of that corporation available, for the founding, or support, or promotion of religious, chari- table or educational institutions or purposes ? A. Making due allowance for unavoidable diversities of opinion and the fallibility of human judgment, and looking beyond the mere present mo- ment to perpetuity in the future, I think that it has. I have never known any body of men act more thoughtfully, more up- rightly and conscientiously, than the vestry of Trinity Church in the administration of its affairs, nor any which, in its general character, surpassed it in wisdom and intelligence. Wednesday, Afternoon, Feb. lQth. Present — Senate committee, Messrs. Spencer, Noxon and Ramsey. Counsel for Trinity, Judge Parker and 0. Meads, Esq. Rev. John Henry Hobart recalled and cross-examined by coun- sel for Trinity church — Q. So far as your knowledge extends, what, during the time of your connection with the parish, have been the policy, desire and action of Trinity church in relation to making the property of that corporation available for the founding, support or promotion of religious, charitable or edu- cational institutions or purposes 1 A.I believe, so far as I have 48 [ Senate knowledge, that the vestry have acted in good faith, to the best of their judgment, in order to make their property available for the purposes named in the question. lit. Rev. Bishop Potter, recalled by counsel for Trinity — Q. Have, or have not the grants of Trinity church made to other churches, in the form of grants of money, secured by mortgages or otherwise, or in the form of annual stipends, had the effect to promote dependency, feebleness and deadness in the parishes thus aided, or what has been the effect of such grants in each of those forms of grants upon the internal condition of the parishes aided] A. I do not see why the assistance spoken of in the question should be injurious to the parishes in the respect mentioned in the ques- tion; nor do I believe that it has been; but on the contrary, benefi- cial. It has encouraged parishes to exertion in many instances, when otherwise they would have been unable to maintain them- selves. The feeling often has been, I think, that the parishes, after receiving such aid, have laid themselves under special obligations to exert themselves. If it was an absolute grant, with a mortgage, it did not differ essentially from any other gilt, except that the ob- ligation spoken of was increased. If it was an annual stipend, it was like the stipend granted by the missionary committee of the diocese, and those annual stipends have been provided for by the collective wisdom of the church in the diocese, as a part of her or- ganised system. It must imply an opinion,on the part of the whole church in the diocese, that that mode of rendering assistance is a useful mode. I have known many cases where the question of a church being able to sustain itself in a given community, or being able to maintain itself, seemed to depend upon the assist- ance it received from Trinity church. Q. Will you explain more fully, your meaning in regard to the nature of your supervision over the affairs of Trinity Church? A. It is with the affairs of Trinity Church; as with those of every other parish in the diocese. The Rector, Wardens, and Vestrymen, are an integral portion of the church of which I am an overseer, and I cannot conceive, that in any part of their official conduct, they are exempt from a certain general re- sponsibility to me, nor is the idea of such responsibility des- No. 95.1 49 troyed by the fact, that I do not supervise their appropriations, that my assent is not necessary to the validity of their grants, and that they make no report of their grants to me. Since I have been in office, a majority of the vestrymen of a parish, ( not Trinity Church), laid before me, charges against their Rector, of misconduct, in regard to the funds of the parish. I ordered a committee of inquiry. Had that committee found the charges warranted, in appearance, by the facts, the Rector would have been put upon his trial ; but they were found to be ground- less. The transactions of the parish, out of which this diffi- culty arose, were not of a nature to be included in the usual reports to me, nevertheless, the case shows that there was a re- sponsibility to the head of the diocese, which extended to all those unreported transactions. Again, during the Episcopate of my immediate predecessor, there was a case, in which a Rector charged his Vestry with misconduct in the management of the funds of the parish. The Bishop ordered a committee of in- quiry ; I was the chairman of the committee. Witnesses came before us, the conduct of the Vestry was inquired into, and a report made to the Bishop, that the allegations of the Rector, were unsupported by the facts. In this case also, the transac- tions in question, were not of that class, which are ever included in the parochial reports to the Bishop. Nevertheless, they were so far under his general supervision, that there was room for his interposition, if a special difficulty should require it. Let me further illustrate \ I am to oversee the conduct of the clergy. It is the duty of a clergyman to visit his flock, but he does not report to me the number, or frequency of his visits, and no doubt there might be some degree of neglect, without my know- ledge, or without my considering it a case for special interfe- rence. So, any parish may commit many errors in church build- ing, and in the management of its funds, without my know- ledge, and without my thinking it a case for interference, even if I was aware of it. But this does not at all destroy the idea, so familiar to the mind of every churchman, the idea I had in my mind, in my former testimony, that the Rector, Wardens, and Vestrymen of a parish, cannot act in any official way, in any matter pertaining to church property, and the interests of [Senate, No. 95.J 4 50 [Senate the church, without a certain general responsibility to the head of the diocese ; and, as in the cases I have just cited, that re- sponsibility, is not a mere theoiy, but a practicable reality. By the Senate committee : Q. I should understand, sir, your first answer to imply, that you think it an advantage to a church to have its property under mortgage, do you so intend the reply ? A. As I have be- fore stated in my testimony, I consider the mortgage a nullity, except for the purpose of preventing the sale of the church property and its alienation from its sacred use ; and, therefore, I consider it no disadvantage, and if I had a positive opinion to give I should incline to give the opinion that it was an advan- tage. I take it for granted that that opinion cannot be construed to be an opinion in favor of an incumbrance by mortgate in the abstract. Q. Are you aware that under such mortgages interest ac- cumulates, and that it is in the power of the holders to collect them 1 A.I am. Q. Do you by your answer in explanation, mean to be under, stood that you have any charge, direction or control, in any way or manner, over the funds administed by the corporation Trinity Church ? A. I have already stated in a previous an. swer that I have no immediate oversight. Q. Have you any remote oversight ? A. My assent, I have already stated, is not essential to the validity of a grant ; I am not generally cognizant of the internal or financial affairs of that or any other parish, but I must think, as is implied in my former answer, that all the official conduct of vestries is, in a genera] ecclesiastical sense, which I have partly explained in a former answer, subject to the jurisdiction of the head of the diocese. Q. Do you regard the funds controled by this corporation in the same light you do the financial affairs of other church cor- porations, not having large estates. A. In one respect I do. They are just as much the exclusive property of that corporation as the property of any other church is. The magnitude of the No. 95.] 51 property places it in certain general moral relations to the diocese at large, which have been very largely recognized by the parish. Q. Do you regard your control over this corporation and all others in this diocese alike ? A. It has never occurred to me that there was any difference. Q. For a misapplication or mal-administration of her fund? what discipline would you inflict ? A. I have already stated that in the case of every parish there may be many errors, many omissions of duties, which would not call for any interposition. What action I might be induced to take under particularly extreme circumstances, I certainly cannot foresee. Q. I do not ask you what action you might take. I ask you what power you have, by virtue of your office as bishop ? A.I have the power by canon of looking into the affairs of the par- ishes I visit. I have the power, by virtue of my office, of advice and admonition. If there be gross misconduct in the parish it must be either with or without the connivance of the rector. It is not easy to be without. If it amounts to crime or immorality it of course exposes the rector to be dealt with as in the case I have mentioned in a former answer. Q. Is not all your power of a spiritual and ecclesiastical nature 1 A. Yes sir. Examination by counsel for Trinity. Rev. William Berrian re-called : Q. Can you tell what gifts Trinity Church has made for the founding or support or promotion of religious, charitable or edu- cational institutions or purposes, and what is the amount of such gifts made prior to the 25th of January, 1814, and what subse- quent to that date 1 A. The following grants of land were made by Trinity Church, prior to 1814 : 1786, 3 lots to the senior pastors of the Presbyterian congrega tions in this city. 1765, 2 lots to the corporation for the ferry between this city and Pawles Hook. 1775, 2 lots to the same for a pier and slip on the north side of Vesey-street. 52 [Senate 1800, for a market in Duane street; and for another in Christo- pher-street. 1810, 2 lots for a free school in Hudson-street. 1752, grants of land, between Murray and Barclay-streets and extending from Church-street to the river, to Columbia college. 1748, Grants for the site of Trinity Charity school. 1800, 7 lots to the same. 1802, 32 lots to the Society for the Promotion of Religion and Learning. 1795, 28 lots to St. Mark's church. 1811, 25 lots to Grace church. 1812, 33 lots to St. George's. 1795, 5 lots to St. Peter's, Westchester. 1807, 3 lots to St. Stephen's. 1807, 6 lots to St. Michael's and St. James'. 1813, 4 lots to St. James'. 1805, 4 lots to Christ church. 108 lots from 1795 to 1805 inclusive. 1809, 3 lots to St. George's, Flushing; 3 to Grace church, Jamaica; 3 to St. James', Newtown; 2 to St. Ann's, Brook- lyn; 3 to Trinity, Utica. Grants in money and a bond during the same period, $238,220 22| 1,500 00 $239,720 22| The following are the grants in land by Trinity Church, from 1814 to August, 1855 : 1815, a grant of land to the Free School Society. 1820, 3 lots to St. Luke's. 1827. 2 do 1834. 3 do 1835, 1 lot to the Ascension. 1832, 5 lots to Trinity school at a mere nominal rent. In money during the same period, $998,703 60 There may be some discrepancy, but if so my statement under rates. No. 95.] 53 Q. How did you acquire the knowledge necessary to enable you to make the statement contained in your last answer 1 A. From a careful examination of the minutes of the vestry from 1697 to 1855. When I was in doubt I usually consulted the officers of the corporation, the comptroller and clerk, to clear it up, if they knew anything about it. Q. Is the statement correct that in addition to the require- ments of the law, the church required that all persons desiring to vote should give previous notice of such desire to the rector ? A. I don't know of any such requisition. Q. Were there any, and if any, what Episcopal church corpo- rations in the city of New- York, prior to 1814, besides the cor- poration of Trinity Church 1 A. There were nine, to wit : St. Marks, Christs, Grace, St. George's, Du St. Esprit, St. Stephens, Zion, St. Michaels, and St. James. Q. Did the members of either of these corporations, independ- ent of Trinity Church, ever claim or exercise the right of voting as corporators of Trinity Church, before the act of 1814? A. I never heard of the exercise; but I think I have heard of the claim. I never heard of the claim being made but once prior to 1814. Q. Was it granted at that time 1 A. I do not think it was. I never heard that it was. Q. Was such a right ever claimed or exercised since 1814 ? A. I never knew it to be claimed but on one occasion, that was during my rectorship, when I was presiding. It was not exer- cised. It was accompanied by a threat that it would be exer- cised, but it was never carried out. I think it was between ten and fifteen years ago. It was by Mr. Walter M. Rutherford. Such a right has never been exercised. Q. Is the Rev. Robert S. Howland generally deemed a " high » churchman, or a " low" churchman'? A. He has always been reputed a " high " churchman. Q. Did the vestry in 1813, to calm the fears of the Legislature, promise that their funds should be applied to the building of 54 [Senate churches from time to time as the increase of population de- manded, the control of said churches to be relinquished to independent vestries, &c, and suitable endowments to be made? A. I never heard that they made such a promise, nor knew any thing about it until I read it in the report of this committee. By the Senate committee : Q. You stated yesterday that a large sum had been given to the church of the Nativity, I would inquire whether a mortgage was taken for it 1 A. I presume that it was, but perhaps not for the whole amount. There were two sums of $5,000 at one time and $4,000 at another, I presume that the mortgages were given for those two sums. Q. You stated yesterday that the vestry had a meeting, dis- cussed the subject and agreed to allow certain ministers to examine the list of corporators ; was that the first permission of that kind that had been given ? A. It was the first request that had ever been made to me, that I remember ; my answer was that there was no doubt of the right of the corporators to examine the list, but to take a copy of it, it was not my province to deter- mine; I brought the question before the vestry as to the right to take a copy ; the vestry resolved that the bishop might make such extracts, or take a copy of the whole of it if he desired. A copy was taken by the rector of St. Paul's and sent to the bishop. Q. Did not St. George's and some other churches named by you, relinquish all right to the property of Trinity Church and all right to interfere in its affairs 1 A.I have always under- stood that they had. Q. Did those churches offer to vote after that? A. Never, that I know of. Q. Did not Col. Troop represent Trinity Church in 1813, '14 5 at Albany 1 A. He was a member of a committee of seven on the state of the church, and with full power to make application to the Legislature ; the other members were Richard Harrison, David M. Clarkson, Thomas Barrow, Robert Troop, Jacob Le Roy, Peter Augustus Jay, and Thomas L. Ogden. No. 95.J 55 Q. Is there not a great want of Episcopal churches in some parts of the city of New- York ? A. I would say there is a want; I cannot say a great want, in the eastern part of the city, par- ticularly. Q. Did Trinity Church ever build a free church ? A. She has in effect; she has not in fact. She has given as much as would pay for the church. Q. What was the cost of Trinity Church 1 A. I think it was about $350,000; the chapel cost $227,000. Q. Do you think the Episcopal church in the city has kept pace with the increase of the population of the city ? A.I have always considered it has. Q. Was it not considered important by the clergy of the city and particularly by Bishop Wainright, to keep up Zion Church at the time it was sold ? A. I know it was by him; but I know nothing of the opinions of others. Q. Did Bishop Onderdonk ever exercise or attempt to exer- cise any power over the vestry of Trinity Church, as a vestry % A. Not that I remember. I think I can say he did not. Q. Are the recommendations of the standing committee always reported to the vestry ] A. Yes. Q. Did you ever know of the recommendations of the stand- ing committee being overruled by the vestry? A. Scores of times. Q. You speak of a resolution having passed the vestry, in relation to allowing Bishop Wainright to take a copy of a list of corporators. What called for this action on the part of the vestry 1 A. The reason was the bishop wrote to me requesting the list from me. I replied that I had no power myself to lend the book, though he had the right to examine it. Q. When was it 1 A.I think it was in 1853, shortly after he became bishop. Q. Had he applied for it previously without success ? A. I understood that he applied to a clerk in the vestry office, who declined as I did, because he had not the power to do it. 56 [ Senate Q. Did he ask to see it? A. I do not know; I presume he did. I think he asked me to see it. Q. Did you show it to him ? A. I think not. Q. Why not j A. I have not the custody of the book. It is not in my office or custody. Q. Who had it? A. At that particular time it was with me. Q. Why did you not show it to him ? A. I had it for the purpose of entering the names of new communicants, and the changes by death and removal. Q. Did that prevent your showing it to him ? A. I had no control in the matter. I looked upon the book as belonging to the comptroller and not to me. Q. What are your powers, if any, over the books of the cor- poration ! A. I have the sole custody of the parish register, containing the records of baptisms, marriages and burials; and those are the only books over which I have any control, though they are all open to my examination. Q. Do you know of anything in the act of incorporation, or rules of the vestry, to prevent your showing the book to any person who applies to see it? A. I do not. Q. Then, I again ask, why you did not show it to him ? A. Because I thought it was the proper business of the comptroller to let him see it. Q. Why .any more proper for the comptroller than the rector? A. Because the book is one that was under his custody. I have no other answer to give. Q. Was it placed there by law, or by action of the vestry ? A. By usage, and the necessity of the case. Q. What churches were enlarged or endowed in the city of New- York, for the three years prior to April 13, 1855 ? A. Two; the church of the Annunciation, §25,000, and church of the Redeemer, at Yorkville, $9,000. No. 95.] 57 Q. At the time St. Matthew's made application to Trinity for aid, was it admitted by its rector that it had fairly " died out V* A. I understood it had, from the testimony. Q. Can you state when the application, in schedule G, was made to Trinity ? A. I do not remember exactly the date of it ; less than two years ago. Q. Had it "died out" then ? A. I believe it had. Q. Do they not state In the application, that unless you gave them aid, they will cease to exist in May following 1 A. It appears to be so. Q. Did you then understand, when you received it, that it was already dead 1 A. I understood that it was in a low condition. I knew it to be so for a long time before. Q. Was her debt, as represented to you in that memorial, more than §4,800 — §3,500 of which was on the parsonage ? A. It is represented in the application at §4,800. Q. Was the parsonage of that church separate from the church] A. It was on ground that belonged to the church, and not adjoining it. Q. Why do you say the church was in a low condition', with only a debt of §1,300 1 A. My impressions of its being so were made from conversations with Mr. Pound, the rector, that it was in a very languishing condition. Q. Have you stated the true and only reason for not giving her aid % A. I don't know of any other, I am not aware of any other. Q. Was not one reason for refusing the aid that the request was disrespectful in its language 1 A. I do not know. Q. What was the church edifice and lot worth, in your judg- ment? A. I suppose §15,000, perhaps a little more. Q. Why did you not rescue her from her embarrassment 1 A. Because it was not thought worth the expenditure. It was surrounded with other churches. 58 [Senate Q. Do you regard Trinity Charity school as an institution of charity or benevolence, within the meaning of the resolution propounded by the Senate 1 — (Resolution was read.) A. I do, in an eminent degree; I will state the reason why. First, the education of our own ignorant poor children; in the next place, for a long course of years they weie aided in their clothing as well as education, and there are now 50 to 70 beneficiaries who, in addition to their instruction, receive stipends from $20 to $50 per year, to help them in their clothing, &c; it is a day school. Q. What are the Dorcas societies ? A. Societies for making garments for the poor. I regard these as benevolent societies; these societies are not aided by the funds of Trinity corporation. Industrial schools are those in which the poor, especially girls, are taught by the ladies, sewing, and where the garments are given away to the poor. They are not endowed by Trinity; one of the parish schools is endowed by Trinity, the others are sup- ported by private contributions of the parishioners. Q. Which do you allude to, as being spiritually full of life and activity, Trinity Parish, or the Rector, Wardens and Vestry- men, in the administration of her fund ? A. I mean that there is great activity and zeal on the part of the clergy of the parish, and of* the congregations who unite in these efforts, and that the rector, the wardens, and vestrymen, heartily sympathize with them, and aid them, in the prosecution of this work. Q. How do you know the nine Episcopal churches which ex- isted prior to 1814, did not vote for vestrymen in Trinity parish? A. I was very intimate with Bishop Hobart, from 1805. He was very communicative to me, though a young man, and I have no recollection of ever having heard him say, that there was any exercise of such privilege. Q. Did you ever hear him say, they did not 1 A. No ; I have been in the parish since the latter part of 1811, and certainly should have known of it, had it ever been exercised. Q. What was your position from 1811 to 1814, in the Church? A. An assistant minister of Trinity Church. No. 95.] 59 Q. Do the records of the church, show who voted in 1813? A. The clerk always takes down the names of the voters at the elections, with the several churches of the parish to which the voters belong. Q. Have you ever examined the record, with the view to find out, whether the nine churches did then actually vote ? A. I have not. Q. Are the lists of persons voting at last election, preserved in Trinity Church? A. I preserve my own very carefully, I do not know whether the clerk does. Q. If any such lists are to be found, would they not show whether any of the persons belonging to the nine churches, voted? A. If in existence, I suppose they would. Q. What are the salaries of each, and all the officers connec- ted with Trinity Church ? A. The rector receives a salary of $3,500 per annum, and a house with a stable ; the five assistant ministers get $3000 per annum, and an allowance of $1,100 for house rent; three other assistant ministers receive $1500 per annum, and no house ; the comptroller receives $3,500 ; the clerk of the vestry $1,000 per annum ; the collector $1,200 per per annum, clerk in the office $1200. Q. Is an allowance of $1,100 to all assistant ministers, for rent, sufficient ? A. With moderate views, it is. Q. Is the answer given on page seventeen of the report of Trinity church, the correct one ? A. I presume it is correct. It reads : Grants and Burial Places in Trinity Cemetery, To the Orphan Asylum, a plot containing 621 square feet. To the society for the relief of aged and indigent females, a plot containing 300 square feet. To the Protestant Episcopal Mutual Benefit Society, a plot containing 600 square feet. To Christ church, a plot to be selected. To the Orphan's Home, a plot to be selected. By counsel for Trininty — Q. How do these salaries, paid to the clergy of Trinity parish, compare with salaries paid to other 60 [Senate clergy in the city of New- York ? A. They are considerably less; Dr. Tyng's salary amounts, I am told, to about $6,000; Dr. Hawk's, about $5,000 or $6,000; the rector of St. Thomas receives $5,200. By the Senate committee — Q. Do you understand the act of 1814 to restrict the number of persons qualified to vote for church wardens or vestrymen of Trinity church, who had the right to vote before that time ] A. I do not suppose that it was intended to restrict any any who had a right; but let me add, that I do not think any had the right before, who did not belong to the parish of Trinity church. Examination by counsel for Trinity. — Rev. Francis Vinton called and sworn — Q. What means have you of being acquainted with the affairs, of Trinity church? A. I am an assistant min- ister there, and have been so since June 1855. Q. What number of ministers are there in Trinity parish, and how are they employed, and what are the character and num- ber of the congregations which attend the several churches in that parish 1 A. There are nine ministers, the rector and eight assistants. Two are employed at the church, and two in each of the chapels; the rector having general supervision. At St. Paul's chapel, the only one I speak of, the congregation is composed of three classes: first, the old families retaining their seats; second, strangers Irom the hotels, clerks and sojourners of the city, engaged, for the most part, in mercantile business; third, me- chanics, artisans, porters, washer-women, hucksters, and mis- cellaneous poor, who obtain their living by daily labor. Q. Will you be good enough to explain the arrangements ior parochial work at St. Paul's chapel, and as to the work of that kind actually done by the minister and others there employ- ed 1 A. There is a parish school employing two teachers with voluntary assistance from the women of the parish, to teach poor children the principles of religion, as professed by the Episcopal church, the elements of common learning; sewing to the extent of each making their own clothing, and as laboring to get their own living, and also instructions in church music. No. 95.] 61 The number of children is 80 or 100 ; also a Sunday school in- cluding other children of the parish, taught by between twenty and thirty teachers of both sexes ; two classes for advanced scholars, also a weekly Bible class for clerks and young men. The public services in the chapel are every Sunday morning and afternoon, five months in the year, and a night service ad- ditional for seven months. I officiate statedly only in morning service, the other parts of the day being employed in other parts of the parish, at the church or chapel, and, therefore, can speak only of the congregation in the morning. Then it is large, as it is at all the chapels ; the communion's offerings liberal, as shown from the tact that on Easter day they amounted to the sum of §270, and on Christmas day to $180, or thereabouts. At other times the contributions are generous. There is es- tablished in connection with St. Paul's chapel a mission house, open from 9 A. M. to 2 P. M., where one of the assistant minis- ters is present every day. There are two laymen employed to inquire into and examine every application for aid, and report the same to the office. The case is recorded in a book kept for that purpose, and a record made of all that was done in each case. The applicants are from vestrymen wanting clergymen, clergymen wanting parishes, poor wanting help, the sick medi- cine, the emigrant advice, &c. The office is in communication with most of the extant institutions of charity in the city of New-York. Cards are placed in hotels and eating houses, in- viting guests, in my own name, to attend St. Paul's chapel, where free sittings are provided. We have received letters from persons we have aided, expressing their thanks to Trinity Church. Q. Do you think Trinity Church has done its utmost to make the capital of the property of that corporation, available for the founding, or support or promotion of reli gious, charitable or educational institutions or purposes 1 A. I can speak only of what I have known of Trinity Church since my connection with it in June, 1855, and I say in answer to the question, that I have observed an earnest disposition so to do on the part of the rector, wardens and vestrymen of that corparation. Adjourned to 4 P. M., Thursday. 62 [Senate Thursday Afternoon, Feb. 19, 1857. Present, the Senate Committee, Messrs. Spencer, Noxon and Ramsey; Judge Parker and 0. Meads, Esq., counsel for Trinity Cliurch. Rev. Sullivan H. Weston recalled. Examined by counsel for Trinity Church. Q. Have you any explanation to make in regard to your answer contained in your former testimony ? — [Referring to testi- mony taken before the committee in New- York.] A. I con- sidered that when I said that I could not answer the question, that that was the end of my testimony; the chairman of the committee observing that that would do, and the rest of the answer as given was said after I had supposed my evidence was closed, and as I supposed, in the way of conversation, to the committee; and when I alluded to their property, I alluded to the current reports as to their boundless wealth. I was very desirous to come up and qualify, lest my former testimony might be misunderstood. Q. Do you think the vestry of Trinity Church has done its utmost to make the capital of the property of that corporation available for the founding, or support, or promotion of religious, charitable or educational institutions or purposes 1 A. I can answer that question as I did in the first instance. I do not know what their capabilities are, but my opinion was, that less should be given abroad and more in Trinity parish. By abroad I mean any where out of our parish . I do not doubt the sin cerity of the vestry in trying to do the best they could. Q. Have you any different opinion on this subject than you had when examined before ? A. My opinion is the same now as then. Q. Was not the reply of the chairman of the committee, at the previous examination, that w that would do," intended to dis- miss you? A. Yes. By the Senate Committee : Q. Is there not great complaint among the clergy of Trinity Church at the doings and dealings of the vestry ? A.I have heard some complaints. No. 95.] 63 Q. If you had known, when you answered before, that the property of the church was worth $6,000,000 or 7,000,000, would you not have answered as before 1 A. My answer is, that I should want more done in the lower part of the city, and less elsewhere. Q. Was it not, a short time ago, in agitation among the clergy of Trinity parish, to make a representation, in a united manner, of the wrong doings of the vestry % A. Not to my knowledge. Q. Were you not spoken to by some of the clergy about the necessity of some such interference to change the dealings and policy of Trinity Church? A. Some of the clergy had agreed with me that more should be done down town, and this w r as pre- vious to their ]ast action in appointing additional force in the parish. Q. Has not Dr. Higby and others, represented to you that the policy of the vestry w T as ruinous to the church 1 A. I do not remember of others, I know that Dr. Higby has spoken of the past policy as not being the best policy. Q. You spoke of appointing force in the parish ; when did it take place ? A. About two years ago ; do'nt recollect the time nearer. By Counsel for Trinity Church. Q. I want you to explain what you mean by saying you heard some complaints among the clergy, about the dealings and doings of the vestry ? A. One complaint was in reference to the wish for increased expenditures dow r n town, in order to meet the wants of the poor. Q. Were those complaints made, before the additional minis- ters of Trinity Church were appointed'? A. They were. Q. If you had known that the w T hole income of Trinity Church was only about $100,000 per annum, should you say that they could accomplish more good with it than they have done 1 A. I think they could not. Q. You stated that Dr. Higby complained of the past policy as not being the best policy, in what respect; did he think it 64 I Senate not the best? A. One, was in reference to more enlarged pro- vision down town, and the other, in reference to the building of Trinity Chapel up town, to accommodate the parishioners who had moved up town. Q. Have both those defects been supplied ? A. The chapel has been built, and we need more means down town, in Trinity parish, if they can afford it. By the Committee : Q. Is there not a great want of Episcopal churches in New- York, for the accommodation of the poor, or working classes 1 A. Undoubtedly ; heretofore, we have not had force enough to fill the churches we had ; that, is now in a great measure re- medied There is no necessity of building more churches in that part of the town, until those already constructed, are filled. Q. Is there not a great want of Episcopal churches in the eastern and northeastern parts of the city, for the poor or work- ing-classes ? A. I presume it is so; it is so represented. It is not in my parish. I do not know what the religious opinions are of the population in those parts of the city. Examination by counsel for Trinity church. — Samuel T. Skid- more called and sworn — Q. Are j'ou a member of the vestry of Trinity church ] How long have you been, and how long a member of the standing committe % A. I have been a member of the vestry about ten years, and of the standing committee some six or eight years. Q. Is there any rule of the vestry, or directions of the stand- ing committee, which prevents a corporator seeing the list of the corporators ? A. None that I am aware of, or ever heard of. Q. Do you understand that any corporator has a right to see the list 1 A. I do. Q. If there has been a refusal to show such list, was it by any directions of the vestry, or standing committee? A. No, sir; not that I am aware of. Q. Was ever any request, either for an inspection, or copy of the list of corporators, brought to the attention of the vestry ? No. 95.] 65 A. The attention of the vestry was called to an application by Dr. Wainright to get a copy of the list of corporators. Q. Was it granted? A. It was, unanimously, I believe. Q. Was any other application, either for an inspection, or copy, ever- made to the vestry 1 A. Not that I am aware of. Q. Have the grants made by the vestry been made in a parti- zan spirit, or with reference to " high" church and " low" church opinions 1 A. I should say, decidedly not. I would say fur- ther, that the question of 11 high" and " low" church, during the time I have been in the vestry, has been very seldom, if ever, alluded to; and if I thought that any application, in all other respects meritorious, should be rejected on the ground of its being u low" church, I should resign my place as a member of the standing committee. Q. Have the vestry been, to your knowledge or judgment, partial in making their appropriations to other churches 1 A. I have always endeavored to be impartial, myself, and I have no reason to doubt that the other members were actuated by the same motives. Q. What influenced the standing committee and the vestry in their action upon the application of St. Matthew's Church? A. St. Matthew's made a large demand upon Trinity, larger than we thought we could reasonably grant, and we thought that in the then state of that parish that a partial appropriation would do but little good. I would state that the application seemed couched in very peremptory terms, and I reeollect that, as a member of the standing committee, I said we should divest our- selves of all feeling in consequence of the peculiar style of the application, and aid them if we could. We had very little faith of the church succeeding if w T e did aid them. There were other churches in the vicinity. Q. It is charged that the vestry of Trinity Church have mate- rially reduced the stipends formerly paid to clergymen in the city of New- York. How is the fact 1 A. Trinity Church has taken away stipends from certain churches whose congregations [Senate, No. 95.] 5 [Senate they thought did not need them, being abundantly able to do without them; and grants of stipends were made in other instances where they were more needed. The aggregate, I think, has not been reduced. Q. Do you think Trinity Church has done its utmost to make the capital of the property of that corporation available for the founding or support, or promotion of religious, charitable or educational institutions, or purposes 1 A.I think Trinity Church has made appropriations for religious objects as far, if not farther, than prudence would warrant in reference to her means. Q. Have its expenditures and donations exceeded or fallen short of its income 1 A. I think that for the last two or three years her expenditures have exceeded her income considerably over §100,000; I think for some years previous, for the past half dozen years, her expenditures have largely exceeded her income. Q. "Will you state whether in your judgment these expendi- tures have been discreetly and wisely made? A. I certainly think so, except as to their undue extent. Q. What was the rule that governed the vestry, in regard to helping churches of feeble means 1 A. I think that one favorite kind of appropriation was to parishes that had made great efforts to help themselves, which had received help from others, and where additional aid from Trinity Church was highly essen- tial to ensure success. Q. Is it true that aid was given to churches reluctantly and offensively ? A. Reluctantly, only, when we thought our sym- pathies were running away with our better judgment. Never offensively, I should hope. Applications are very numerous, and very many of a highly meritorious character, and which enlisted our strongest sympathies, we have felt compelled most reluctantly to refuse. When we had the means we took great pleasure in granting their applications. Q. What proportion of the applications were you able to act upon favorably? A. I certainly think not over one-tenth. No. 95.] 67 Q. Do you remember any meeting of the vestry when you had not a large number of those applications pending before you ? A. I do not remember any meeting of the vestry when there were not more or less of these applications pending before us, unless a meeting of the vestry had been held just after the whole number before the vestry of these applications had been disposed of. There have been temporary periods when it was generally understood that Trinity's inability to respond favor- ably to applications would cause temporary cessation or post- ponement of them. Q. Were any grants made by the vestry with a view to power or influence 1 A. I should answer, in my opinion, most deci- dedly no. Q. What have you to say about the erection of Trinity chapel and the leases of pews in it? A. Trinity chapel, the chief ob- ject in building it was, first and principally, for the accommo- dation of the parishioners and their families who had been a long time in the parish, but who had removed too far from the parish church and chapel to continue to worship therein, and thus, by inducing their return, increase as a consequence the number of their constituency. When the chapel was finished, the vestry adopted such plans for disposing of the pews as they thought best calculated to attain those objects. But, in as much as some of the features of those plans > such as the disposing of them by an auction, were of a somewhat novel character, they determined to act cautiously and prudently in the first lettings of those pews. The first day's biddings (as is known) were con- fined to the then actual corporators of the parish, and to those who had been pew owners at any time within the preceding ten years. After which all such pews as were not then taken, were on a subsequent day disposed of at auction, the competition being general, to any one desirous of procuring a pew in the chapel. Particular attention has been called to the fact that the first leases given for pews in the new chapel were drawn so as to expire just one or two days before the annua] election. If they had been made to expire on the day after the election, the lessees would not in either case have been entitled, by virtue of 68 [Senate ►•■ those leases alone, to vote, for the reason that they would not have been members of the congregation for the full term of one year before the election. If such feature, or any other feature, about those first leases be deemed, therefore, peculiar or un- usual, it must be attributed to over carefulness on the part of the vestry, and a strong desire not to admit improper persons as corporators. The result of the lettings of the pews was. how- ever , highly satisfactory and gratifying to the vestry, and they thereupon, in due season and before the next election, ordered the future leases of the pews to be made to terminate on 1st day of May in each successive year, as in other chapels. Chapel consecrated April 17, 1855, when first services were performed; election held March 25, 1856. Q. Is it true that the vestry was governed by the policy of "accumulation,' 7 as is charged in the testimony of Mr. Bradish X A. I answer by saying that I think the expenditure of tens o thousands of dollars per annum beyond her income does not show such a disposition. By the Senate Committee : Q. What is the lot at the corner ot Murray street and Broad- way, ( No. 251 Broadway) worth? A. Of all the real estate of Trinity Church, there is not one that I consider so valuable, as that on the corner of Murray street and Broadway. I should think it would sell for $75,000, or 100,000, if it was entirely free from lease, or any incumbrances. Q. Will you see what it is returned at, in this report of Tri- nity Church, (showing witness report.)? A. It is stated here, at $36,750. Q. When you made the report, did you know of the sale to James H. Noe? A. I recollect the sale of a Greenwich street lot for $20,000, but do not remember the purchaser's name, nor whether the sale was before, or alter the Vestry's report. Q. Bid you know of the sale at the time it was made 1 A. I did. If it was sold before the report, it was included through inadvertence. No. 95.J 69 Q. Were you a vestryman at the time the report of Feb. 15, 1856 was made? A. Yes Sir. Q. Did you not, with others, negotiate for the disposition of property, on the corner of Chambers and Church streets, and what valuation did you put upon it, for the Hudson River Rail- road Company, and at what time was the bargain made 1 A. $5000 per annum, which is 5 per cent on $100,000. Q. How much do you make the lot worth, estimating it in that manner? A. It would be worth $100,000, estimating it in that manner. The church put no valuation on it, but only talked about what it would rent for. Q. Does not Trinity Church rent her lots in all cases, at five per cent on what she estimates to be their value ? A. It is the usual custom, where the leases are renewable, but where a lease falls in, we do not feel ourselves bound by any such rule. Q. Will you look, and see what those lots are returned at 1 (showing witness report.) A. They are returned at $29,500, based on the assessor's valuation. Adjourned to 4 P.M. on Friday. Friday, February 20, 1857. Present: — Senate committee and counsel as before. Examination of Mr. Samuel JFl Skidmore, continued — Q. By Mr. Spencer. During the three years Trinity incurred a debt of over $100,000, was she not building Trinity Chapel'? A. She was. Those expenditures I allude to were independent of the building of the Chapel. Q, Is the Annunciation a feeble church ? A. As to its pre- sent circumstances and condition I am entirely ignorant. Q. What sum has Trinity given her within a year or two past ? A. The sum, as appears by the report, in the aggregate, is $26,800. It appears by the report to have been given within five years preceding the date of the report. We gave St. Luke's Church, for the year preceding the date of the report, $2,100 70 [Senate which I think was larger than any preceding year. I suppose we shall not give them less the present year. The Annuncia- tion and St. Luke's Churches are reputed to be high churches. Q. Do you find any such sums given to any low churches during the same time. A. No sir. I see no such sums given to either high or low churches. Q. Did you ever know a corporator to look at the list of cor- porators. A. I don't know that I ever saw one examining the list. Q. Do you think you know of all the expenditures of Trinity Church, ecclesiastical or otherwise 1 A.I should think I did. Q. Do you know of any such disbursements that were not directly for charitable, religious or benevolent purposes ? A. I think very probable there might have been disbursements for other than those objects. Q. What other object would they expend money for ? A. I cannot call to mind the particulars of other disbursements. Q. Is the estate of Trinity Church increasing in value. A. I think it is worth more now than at any former period, and more than when assessor's valuation was made. Q Does the vestry make an annual report of the financial condition of the corporation. A. It is the duty of the comp- troller, as well as the custom for him to make such report to the vestry. Q. Is there a report made by the vestry to the corporators 1 A. There is not. Q. Is the annual report of the comptroller printed or circu- lated? A. It is not. Q. What appropiiations within the three years preceding 13th April, 1855, has Trinity Church made to institutions of charity, benevolence and learning in the city of New- York 1 A. I read from the report of the church : " Grants of burial plots in Trinity cemetery to the Orphan Asylum a plot of C21 square feet ; to the Society of Aged and Indigent Females a plot con- No. 95.] 71 taining 300 square feet ; to the Protestant Benefit Society a plot containing 600 square feet ; to Christ's church a plot to be selected ; to the Orphans Home a plot to be selected;" and as this was the period during which we were building Trinity chapel, I presume there were no others. Question by Judge Parker : — How long were the vestry in making out their report 1 A. Several months. Q. If there was any omission to correct the report of the church, in regard to a lot sold after the report was made out and before its date, was it from design or inadvertence 1 A. It was from inadvertence undoubtedly. Q. Does the report of the vestry of Trinity Church state the valuation of the real estate of the corporation, as founded upon the estimates of the vestry, or upon the valuations of the city assessor, made for the purposes of city taxation ? A. Not as her own valuation, but as the valuation of the sworn city assessors ; I would further say, that the vestry had no desire to depreciate the value of their property by adopting the valuation of the city assessors as the basis of their report, for they supposed that to be near enough for all practical purposes, and if deemed below its real or actual value any two or three gentlemen, familiar with the value of city property, could easily have agreed upon some additional percentage necessary to bring it up to their own opinion of its fair, if not its exact and actual value ; and they were equally anxious to avoid all exaggeration of the value of their real estate, which would thereby indue ; large and more numerous applications for aid, when they have so many beyond their ability to grant. Q. When the comptroller makes his annual report to vestry, what is done with it 1 A. The comptroller makes out his annual report according to custom, which is examined and certified to by an auditing committee, appointed by the vestry for that pur- pose. It is then read to a meeting of the vestry, and laid upon the table, or ordered on file, subject to any further examination in detail, by any member of the vestry. 72 [Senatb Q. How long has it been the practice to make these annual reports 1 A. During the whole time of my being a member of the vestry, and, as I suppose, always. Q. What is the object in taking mortgages, where a grant is made 1 A. These church mortgages are taken and held by Trinity church, not for their own private benefit, but (and in good faith) for the benefit of other churches. They never have demanded, nor do they expect to demand, either the principal or interest of those loans, except in occasional isolated cases > such for instance, as the foreclosure of a prior mortgage, or to save the church properties from being disposed of improperly, or for other than church objects and purposes. The parties obtaining these loans, (which they look upon virtually as gifts,) do not object to giving such mortgages on their churches, but generally view the requirement of them as a wise and conservative mea- sure for perpetuating the original object and intention of the grant. The character of these mortgages is so well and so gene- rally understood, that an attempt to foreclose any one of them r on the part of Trinity church, for the purpose of restoring the amount again to their own coffers, would be regarded as little short of absolute dishonesty. If the same objects aimed at in these loans, could be equally well secured in some other way, I confidently believe that no desire on the part of Trinity church to keep alive a sense of obligation to her on the part ol the recipients of her favors would, for one moment, stand in the way of the change. For the foregoing reasons, I think that the principal and interest of those mortgages, (amonting to $571,. 952,) ought not to be considered as part of the wealth of Trinity church, nor be made to show a seeming intention, on her part, to withhold from the Honorable the Senate, essential and import- ant facts respecting her property. Q. Has the church ever foreclosed any of these mortgages ? A. None to my knowledge. Q. Can you make any statement relative to the interest of Trinity church in St. John's Park, and the reason it was omitted in their report I A. I will state that Trinity church looked No. 95.] 73' upon that park as so permanently appropriated for the purposes of a park, that the sale of it, apparently, no more entered their minds, than the sale of one of their burial grounds. The agita- tion- of the subject of the sale was started by the other property owners, after the report of the church was made. The statement upon that subject in the supplemental report of the vestry is cor- rect; the whole number of lots interested in the park,is sixty-four, of which Trinity Church owns seven,being one-ninth of the whole. I will further state it was supposed on part of some of the pro- perty owners that they would be able to get from the United States Government some six or seven hundred thousand dollars for the property. I do not know whether they actually had an offer for it or not, but even if sold at that price, the pro-rata share of Trinity Church would be about seventy thousand dol- lars. St. John's chapel and parsonage and Sunday school stand on these seven lots, the rest is vacant ground. Q. Have you been on the committee to examine the comptrol- ler's report, and had you free access to all the books, papers and accounts 1 A.I have been on the committee, and had free access to all the books, papers and accounts. Q. Have you ever heard any member of the vestry being de- nied free access to the books ? A. Never knew or heard of any such thing, except in the testimony annexed to the committee's report. Q. Have the standing committee power to sell a lot without the consent of the vestry'? A. It is not their custom, and I understand they have not the power. Q. What means have the members of ever knowing the pro- ceedings of the standing committee ? A. The standing commit- tee keep full minutes of all their proceedings, and which are read to the vestry at every vestry meeting. Q. Is each report and recommendation by the standing com- mittee then passed upon separately by the vestry 7 A. They are. Q. Have the vestry in any way endeavored to control the free opinions and acts of the vestry and ministers who had received or were seeking aid for their churches 1 A. Not to my knowledge. 74 [S ENATE Q. State the proceedings of the vestry for making the minis- tration of the church more efficient in the lower part of the city, and the dates at which they took place? A. May 8th, 1854, at a vestry meeting resolutions were offered for the appointment of Dr. Haight and Messrs. Hobart and Weston, as assistant minis- ters; the resolutions were referred to a committee on the state of the parish. March 5, 1855, resolutions were adopted that on day, the assistant ministers should be appointed by ballot, and that they be assigned to a particulrr congregation. March 26, 1855, the above named gentlemen were appointed assistant ministers, and on the 11th of June, 1855, they were severally assigned to their respective congregations. The resolutions of the 8th of May, 1854, had reference to the appointment of assist- tant ministers, and their assignment to their different churches. The resolutions of 8th May had reference to the appointment of the different churches. Q. State what were the proceedings of the vestry and stand- ing committee on the subject of the application of the Church of St. Timothy, and what influenced their action? A. The Rev. Mr. Howland made an application to the vestry of Trinity Church of a noble and magnanimous character, which was referred as is usual to the standing committee, though at a time when the committee considered the financial condition of the parish illy calculated to respond favorably to so large an application. They were still anxious if possible not to be obliged to reject it. The proposal on the part of Mr. How- land, involved liabilities to the amount of twenty thousand dol- lars. He proposed to appropriate dollar for dollar, or upwards, for the same object. The committee were so desirous of doing something, they invited Mr. Howland on one or two occasions to meet with them in committee. After long and anxious consid- eration on the subject, they felt compelled to report to the vestry unfavorably to the application. The vestry did not adopt the report, but sent it back for further consideration. Yet, after farther consideration, and with the strong sympathies of every member of the vestry in behalf of the application, the standing committee again reported unanimously against it, for the reason that the increased magnitude of their debt in their judgment No. 95.] 75 forbade it. Notwithstanding this report, the vestry ordered it to lie on the table, where it is now. Q. Were any applications made during the last year for the establishment of two free churches in destitute parts of the city, provided the applicants would furnish half the cost? A. None, except the application to Mr. Rowland. Q. How long a lease is there on the lot No. 251, Broadway, and at what annual rent I A. An unexpired lease of about six- teen years, and at an annual rent of twenty-six dollars and a quarter. Q. Was there any service in Trinity Chapel until its conse- cration, and on what date was its consecration, and what day was next election held 1 A. There w r as no service previous to the consecration, which was on the 17th day of April, 1855, and the next election was on Easter Tuesday, the 25th March, 1856. Q. Wliat statement have you to make in regard to the valua- tion of the property of the church, which would be correct upon Ely's and Dodd's valuations of the real estate 3 A. There seems to be a mistake in the principle adopted for arriving at the nett total present value of the real estate, as stated on page twelve of the Senate report. The Vestry's estimate, taking the valuations of the assessors as a guide, irrespective of the leases and deduc- tions, was $2,668/710. Q. Then if the above valuation of $2,668,710, makes the present value of the interest of the lessees to be $1,222,338, what would the interest of the lessees be on Ely and Dodd's valuation of $5,874,023 ? A. $2,690,443, or very nearly that amount. The aggregate footing in Senate committee report is. $7,092,544 From which deduct on account of leases according to above corrected estimate, $2,690,443 And the church debt of 648,913 3,339,356 Leaves, & $3,753,188 [Senate The nett total present value even on Messrs. Ely and Dodd's valuation, should therefore be $3,753,188 Instead of (as stated in report of Senate committee) . 5,221,293 Making in this one item an error evidently of about $1,468,105 From the nett total present value as above corrected , of $3,753,188 Deduct the church mortgages and interest, $571,952 And the amount set down for St. John's park, 400,000 971,952 And a nett total present value would then remain of $2,781,236 As the nett amount resulting [from the adoption of Messrs. Ely and Dodd's valuation. By adding thereto a prospective pecuniary interest in St. John's park, the sum of say $75,000 And it would make the aggregate amount, $2,856,236 This, be it remembered, is a valuation entirely irrespective of the existing encumbrances by leases, which would greatly reduce its present value to Trinity Church ; and be it also remembered that nearly one-half of the entire real estate brings Trinity Church an income of less than five hundred dollars per annum. By Senate Committee : Q. What valuation did the vestry put upon St. John's park ? A They did not profess to put a valuation on that property, but after showing the strongest disinclination to sell at all, and being earnestly importuned and pressed to name some terms upon which they would give their consent to sell, they finally agreed to do so, when their share of the proceeds of the sale should be $400,000. Q. Have the standing committee power to lease lots without the consent of the vestry 1 A. They have to lease, but not to sell. The standing committee leases property without consult- ing the vestry. No. 95.] Q. Have not the vestry been urged by some of its members to print the annual report 1 A. There was one very respectable member of our vestry has been solicitous to have the report printed for the use of the vestry, but a majority have been dis- inclined to do so. Rev. Edward G. Higbee, called by counsel for Trinity Church. Q. What explanation do you desire to make in relation to your former testimony before this committee % On the 3d of Dec, 1856, 1 was called upon to give testimony before a com- mittee of \he Senate of the State of New- York, in relation to parish of Trinity Church in the city of New- York. The inter- rogatories were few, and the answers necessarily short and general, and I fear that without further explanation my testi- mony will not be understood. I kept no memoranda of my in- terview with the committee, but as well as I can remember, one of the first proposed to me was as follows (substantially) : " During the time that you have been connected with the parish of Trinity Church, in your opinion has the design of the original foundation of the same been fully carried out ? " A. u My belief is, that owing to temporary and accidental circum- stances, the influence of which has been increasing almost from the time that I became a minister of the parish, the original design of this charity has not been fully carried out." This, in substance, was my answer. I was not requested to state what the " temporary and accidental circumstances" were to which I alluded. Such a statement, however, appears neces- sary, to show the true meaning of my testimony. I therefore beg permission to say, that I alluded to the general and yearly increasing removal of the residences of the citizens of New- York towards the more northern part of the island, and to the effects of this upon the churches, of all denominations, in the lower parts of the city. The effect upon Trinity church, and its chapels, (more partic- ularly upon Trinity church and St. Paul's chapel,) was, first, to deprive them, gradually and surely, of their regular congre- gations, and of course, of their congregational and parochial [Senate spirit, responsibility and efficiency; and secondly, to diminish and weaken, in a continually increasing ratio, the constituency of the corporation ; thus destroying the equilibrium of the parish, and undermining its foundations' as an institution of public charity. For a long time there seemed to be no remedy for this evil. The vestry were restrained, (as I have always understood,) by the terms of their charter, from acquiring real estate, and there- fore, could not follow the members of their church to their new residences, and supply them with places of worship. At length, a means of removing the difficulty was afforded, by a general act of the Legislature, passed, I believe, in 1850. Under the provisions of this act, ground was purchased, upon which Trinity chapel now stands. This chapel was opened in 1855, in the spring, and it has been, and is now filled, with a large, stated, intelligent and charitable congregation; and there can be no reasonable doubt, that the result of this decided movement in a right direction, is a most salutary one to the whole parish, and is full of promise for the future. I believe that the clergy of Trinity Church are united, and that the parishioners sympathise with them in the desire and the resolution to make, so far as in them lies, this ancient parish an instrument of good to the church, and to the community at large, to the utmost extent of its resources. Another question proposed by the committee, was in sub- stance as follows : " Have you ever seen a list of the constituents of Trinity Parish ?" A. (In substance,) " I have never seen such a list. Dr. Wain- right and I made repeated efforts to procure one, without suc- cess. Dr. Wainright, however, as he informed me, did obtain it from the vestry after he was elected to the episcopate." This answer is too vague and general. Had there been oppor- tunity for more careful recollection when I was before the com- mittee, my answer would have been as follows : No. 59.J 79 " For a long time Drs. Wainwright, Parks, and myself, assis- tant ministers, had been filled with anxiety and apprehension on account of the steady diminution of the constituency of the parish. Wishing to keep ourselves informed of the real condi- tion ot things we sought to procure a true list of the constituents. We were reluctant to ask formally for the official list of the parish, because suggestions had been made to us that we might thereby incur the imputation of intending to take some active part in the Easter elections. We therefore tried to make a list for ourselves from such sources of information as were within our reach. Failing in this Dr. W T ainwright and I, (Dr. Parks* being absent on account of the illness, of which afterwards he died.) resolved that we ought formally to request a copy of the list kept in the vestry office, or by the rector. Dr. Wainwright, in his and my behalf, did accordingly make such an application. When he first made it I do not now remember, nor how often it was repeated; but I know that, as he informed me, such a list was furnished him sometime after his election to the episcopate. The foregoing explanations are true. EDW T ARD Y. HIGBEE. New- York, January 5, 1857. Rev. William H. De Lancy called and sworn; examination by Senate Committee. Q. Where is your residence and what is your office \ A. My residence is in Geneva, Ontario county, Western New-York; and my office is that of bishop of the diocese of Western New- York, to which office I was consecrated in 1839. Q. What part of the State of New-York does your diocese comprehend? A. The western part, including Broome, Che- nango, Madison, Oneida, Lewis, and Jefferson counties, with all the counties west of them. Q. Has Trinity Church, New- York, aided any of the churches in your diocese 1 A. Yes, I learn from the publications of the rector of Trinity Church that she has aided altogether, since 1807, in Western New York, about 77 churches, being 6 before 80 [Senate the year 1814, and 71 churches since that year. Some were aided twice. Of those 71 aided since 1814, about 20 have been aided since I became bishop. Q. In what way has the aid of Trinity Church been extended to those churches 1 A. In almost every case, except Trinity church, Utica, as far as I know, by grants of money, in small sums, for churches and parsonages, for which grants in some cases Trinity Church has taken a mortgage on the church, and in other cases she has not. Q. Has Trinity Church ever foreclosed any of the mortgages on churches, or ever required the annual interest on them to be paid to her ? A. I have never heard or known of any such case in Western New-York or elsewhere. I do not usually con- secrate a new church edifice, until the vestry certify that its debts are paid or reasonably provided for. A mortgage to Trinity Church, on which neither principal nor interest are demanded, I do not consider an obstacle to the consecration of a new church, but as additional security against its alienation from its holy objects. A. Has any church in your diocese, to which Trinity has made a grant of money without taking a mortgage on church edifice, ever been lost to the congregation or diocese ? A. Yes; a church on which Trinity Church took no mortgage for a grant of $5u0, was sold for debt, and the congregation dispersed. A mortgage to Trinity Church would have saved it, or at least saved the $500, for the use of the diocese elsewhere. Q. When Trinity Church has thus taken mortgages from churches in your diocese for monies granted to them, what has been the effect of this upon the interest and condition of the churches thus aided 1 A. Favorable. 1 . By preventing church edifices from being alienated from the holy objects for which they were erected. 2. By encouraging the individual members to sustain the church thus secured to its object. 3. By attract- ing outside people to the church thus known to be secured to its object without their being called in to help to pay its debt. 4. By being an obstacle as a first mortgage against further mort- No. 95 J 81 gages of the church for debt. 5. I cannot say that I have seen any moral, spiritual, ecclesiastical, or pecuniary evils result from such mortgages in my diocese. Q. Has Trinity Church ever, to your knowledge or belief, sought to exercise any influence over the course or opinions either of the clergy or the parishes in your diocese 1 A. No. Q. Has Trinity Church, to your knowledge or belief, ever been governed by party considerations in making her grants to churches in your diocese? A. No. Q. Has Trinity Church made any grants for educational pur- poses in your diocese 1 A. Yes, a most important and liberal one to the value of $50,000, to Geneva college in 1851. The grant was made when Geneva college was in a disastrous and critical condition, occasioned by the State withdrawing unsuspectedly, under the two year provision of the new Constitution of 1846, in regard to appropriations, her annual grant of $6,000 to the college, leaving nearly $3,000 unpaid, (and still unpaid) a debt upon the college trustees, who were without means to pay the professors, all of whom but the president sought other posts, and the students diminished in number from eighty (the highest number under the State grant) to thirty-seven. When the pros- pect of private endowment to maintain new professors was dim and gloomy, and the very continuance of the college dubious, in this emergency Trinity Church was asked to endow the college, which she did in 1851 by a grant of $50,000, the interest at six per cent, to be paid annually until the principal is paid on the termination of the Astor lease, as I understand, on the condition that the college be made in its literary department a free college forever, to all students that come to it, and that it take the name Hobart Free College, by act of the Legislature. Since which time the faculty have been sustained, and the students have in- creased from thirty- seven to ninety-six, a larger number than it ever had under the State grant. And $22,000 additional endow- ment, viz : a professorship of $15,000, a fellowship of $5,000> and two scholarships of $1,000 each, and several benefactions have been received from private sources, not one of which endow- [Senate, No. 95.] 6 82 [Senate merits, I am convinced, would have been made, without this grant from Trinity Church. (J. Do you think that the vestry of Trinity church has done i ts utmost to make the capital ot the property of that corpora- tion available for the founding, or support, or promotion of religious, charitable, or educational institutions, or purposes 1 A. As I cannot name the wealthy church corporation, or indivi- dual, in the city of New- York, or elsewhere, who I think does, in these respects, act with the capital of the property up to full obligations to God, and does the utmost with it; as the question covers the proceedings of the vestry before I was born; as I am not now, and never have been acquainted with the exact condi- tion, or external arrangement of the property of Trinity church, and therefore, am not qualified to give an opinion on such a pumt, I can only say, that if the present rector and vestry, who know about their property, declare that they have done, or are doing to their utmost in these respects, I would rely upon their statement, as that of honorable, high minded, faithful and con- scientious men, in preference to my own views, which must be founded on most imperfect knowledge, and in opposition to the opinions and judgments (respecting the use of Trinity church property) of disappointed applicants, eager expectant enthusi- asts in experimental schemes of good, the heads of church parties and local enemies, or any other individuals, but practi- cally, unacquainted with the facts of the case, however pious, worthy, zealous and highly esteemed I may regard them. Q. What, in your judgment, would be the effect of the repeal of the law of 1814 1 A. Disastrous to the church, both in New- York city, and in the country. Disastrous to the church in New- York city : 1 . By engendering, at once, a long and bitter litigation before the courts, between Trinity church corporation and the other churches in the city, as to the constitutionality and legality of the repeal of the law, requiring, at once, a repeal of the law of 1784, or a modification of it by another law like that of 1814. 2. By dividing the churches outside of Trinity church corporation into parties for and against Trinity church, on all these points. 3. By splitting up every congregation into No. 95. | 83 such parties. 4. By making the election of vestry for Trinity church an annual occasion of unholy excitement, collision and contest, most injurious to the character, piety, prosperity and usefulness of the church. 5. By throwing an unquenchable firebrand among the clergy and laity in New- York. 6. By raising, at once, such questions as these to distract the clergy and parishes: If the rector of Trinity church, be the i: rector of New-York and all its inhabitants," is he not rector over all the churches under the charter 1 Are not all the othe r rectors in New-York, merely his assistants'? Are not all the churches in New- York, merely chapels of Trinity Church ? Is not the law, authorizing separate parishes in the city, unconstitutional ? Ought not the charters of other corpora- tions to be annulled, as incompatible with the charter of Trinity • which would then, comprise all the inhabitants of the city ] The law as it stands, silences all such questions ; repeal it, and in my judgment, with such a property at issue, and in a city containing 2000 lawyers, many, of the highest eminence, and keenest penetration, such like questions would start up at once to produce clamor, confusion, and conflict, and to draw away thousands of dollars from charitable, religious, and educational institutions and purposes, to a most baneful litigation. The repeal of the law, would be disastrous to the whole church of the State, outside of the city. 1 . By raising the question, as to the right of dispersing any of this property out of the city, which is denied by some, but which, the present corporation has admitted, and has temporally acted on. 2. By leading almost necessarily, to the division of all the property among the city churches. 3. By thus cutting off, all the feeble country churches from the benefit of this favor. 4. By stopping what has been a stream of most salutary and fertilizing benevo- lence to religious, charitable, or educational institutions in the rural districts. 5. By presenting the church in the city of New- York, clergy and laity, in a most unattractive and deplorable atti- tude, as quarrelsome, abusive and repulsive, estranged from each other; pamphleteering and publishing in anger, and stirring the whole press in New-York, and in the country, secular and re- ligious, iuto sharp, bitter, and ceaseless controversy, fatal to the 84 [Senate reputation of the church for stability, quietness, and peace, and not promotive of the sanctification and salvation of men, but subversive of sound law and morals. Question by Mr. Spencer. Is the opinion expressed in the answer you have given, your opinion of churchmen generally? A. My opinion is founded upon my knowledge and observation of human nature generally, and of religious controversies and church contentions, generally. Q. Have you looked over the names of the persons who testi- fied before the committee in the city of New- York ? A. Yes sir. Q. Are not the laymen who testified, among the most liberal t) country churches'? A. I have never, that I recollect, made personal applications to any of them, but some of them bear a high reputation for liberality, with other churchmen in New- York, and I have myself, a high personal regard for them. I cannot answer as to their liberality to country churches. Saturday, February 21. Present : Senate Committee and Counsel as before. William Moore, called and sworn. Examination by counsel for Trinity Church : — Q. Where do you reside? A. I reside in Phillipstown, Putnam county, lately of the firm of De Rhau and Moore, of the city of New-York. Q. Have you been a vestryman of Trinity Church, and for what time ? A. I was elected a vestryman in 1839, and contin- ued to be so until last autumn, when I resigned in consequence of my removal from the city. Q. Were you a member of the standing committee ? A. I was for a great many years r but don't remember how long. I con- tinued in the standing committee up to the period of my resig- nation. Q. Will you tell me whether the list of corporators was open to the inspection of any corporator? A. I believe it to be so; never heard of any difficulty on the subject, until an application No. 95.J 85 was made by Dr. Wainwright for a copy of the list. The per- sons in the office to whom the application was made were doubt- ful of the propriety of giving copies of papers, and the request was referred to the vestry, which immediately granted the request; I think unanimously. Q. Was there any rule or order of the vestry preventing access to the list of corporators'? A. Not to my knowledge or belief. Q. Were the grants made by the vestry made in a partizan spirit, or with reference to " high " church or " low " church opinions 1 A. I always endeavored to divest my mind as far as possible of every bias, in consulting on applications made to the vestry, and I believe my colleagues were equally conscientious. Q. Is there any foundation for the charge that there was par- tiality in making appropriations to other churches ? A. My answer to the last question will apply also in a great measure to this. In so large a body of men as twenty-three, the number of vestry of Trinity, it is impossible that personal predilections may not sometimes influence individuals in their votes on appli- cations. I believe it would not be in human nature to be other- wise. Q. Was each application discussed and decided upon its merits and the ability of the church, without reference to "high" church or "low" church opinions 1 Q. Most certainly. Q. Is there any ground for the charge that the stipends have been reduced, or have they merely been transferred from the wealthier to the more feeble churches ? A. My impression is that the aggregate amount of the stipends is as large now as at any time that I was in the vestry. The stipends have been reduced and sometimes entirely taken away from richer congre- gations and given to poorer. Q. Do you think Trinity Church has done its utmost to make the capital of the property of that corporation available for the founding, support or promotion of religious, charitable, or edu- cational institutions or purposes ? A. We have always endea- 86 [Senate vored so to do, and as far as the revenues of the church went, I think we succeeded. Q. Is it true that the aid extended to feeble churches was done reluctantly or offensively, or with a view to acquire any power or influence over the congregations or ministers of the churches aided ? A. No. To the first clause I would say, on the contrary, that it always gave us great pleasure when we could, to respond favorably to any of the numerous applications before us. Q. Have you considered the mortgages taken for grants to churches as available means ? No. Q. Were they taken with a view to the benefit of Trinity Church, or with a view to the protection of the church thus mortgaged 1 A. They were taken with a view to prevent that property being, lost to the church at large. In case of a foreclo- sure of a Drevious mortgage or some embarrassment to the church that this money advanced by Trinity should return to that church to be distributed again, or returned to the same church. I never knew of any case of a foreclosure of a mortgage while I was in the vestry, nor do I believe there ever was one. Q. Have you been one of the committee to examine accounts? A. Yes, for several successive years I was chairman of said committee; and for many years it was the practice of the comp- troller to submit his bank check-book and monthly statement of accounts to the standing committee. Q. Say whether there was or not free access to all the books, accounts, papers, &c.,.of the office \ A. I never had occasion to ask for any book, account, or paper, which was not treely open to me, nor do I believe there was any book or account or paper the examination of which would have been refused. Q. Will you explain the case of St. Peter's church, referred to in the testimony of Rev. Mr. Beach in pp. 119 and 120 of report of committee 1 A. St. Peter's church was aided by Trinity Chuich to the amount of §25,000. It was our bond for that amouni. There was a mortgage given by St. Peter's to- No. 95.1 87 Trinity Church on the church property, to secure the repayment of this, with the bond of three of the congregation as collateral security. Subsequently St. Peter's church borrowed from Mr. Lenox $22,000, for which they gave him the bond of the same parties, and a second mortgage on the church. Trinity Church released those who had signed as security to them either at that time or subsequently, and the mortgage to Trinity Church then became an ordinary church mortgage, on which payment was not expected. Mr. Lenox having only a second mortgage, lie- probably became uneasy as to his security, on account of the accumulation of interest on the prior church mortgage, and, upon an application of St. Peter's church to the vestry, they consented to give Mr. Lenox's mortgage of $22,000 a priority to the extent of the capital, and one year's interest on it over nil the interest due or to grow due on our church mortgage. That arrangement was made in July, 1844. Subsequently, about 18 months after, the vestry of St. Peter's applied to us to give Mr. Lenox's mortgage a priority over our mortgage, or to discharge our mortgage. This application was, after mature deliberation in the standing committee and vestry, declined, on the ground of the general policy of the church in taking these mortgages as security for the benefit of the church. By the committee : Q. When you took your mortgage on St. Peter's was it not on leased ground and not on ground in fee ? A. My impression is, and I think that I am right, that our mortgage was upon the church edifice and the lots upon which it stood, which were in fee. I think the leased lots to which Mr. Beach referred in his testimony, were not the lots included in our mortgage. Q. Was not your mortgage made to extend over seven other lots previously held under lease? A. I don't recollect. Q. If it was so made, was not your security increased by this arrangement? A. Undoubtedly it was. Q. Do you know of any landed endowments made to otner churches since 1814, by Trinity Church? A. I du not. $8 [Senate Q. Are the churches of the Good Shepherd and St. John the Baptist, feeble churches ? A. They are ; the annual allowance, I see by the report, is $200 each. The church of St. John the Baptist has been otherwise largely aided lately by Trinity Church. Q. Is Grace church, Brooklyn, a feeble church ? A. I should hardly say they were now. Q. Is St. Luke's church, New-York a feeble church? A. It is, it could not be sustained but for the aid of Trinity. Q. What is the annual allowance to Grace church, Brooklyn ? A. The church report says it is $1,000. The explanation is, that when Grace church was built we granted them an aid to build the church of $15,000, payable annually in sums of $1,000; and this is not yet wholly paid. The $1,000 annually reported is in payment of it. 4 Q Is the church of the Good Shepherd or St. John the Bap- tist more feeble churches than St. Luke's? A. It is almost impossible for me to say as to the comparative feebleness with- out the statements of the churches, upon which we pass upon their applications. St. Luke's church is upon the property of Trinity Church, and in the immediate neighborhood of our ten- ants. Trinity has set aside ground near there for the purpose of building a chapel, when we can afford it ; until we can do so we have felt ourselves obliged to sustain St. Luke's church as the church for that district. Q. Is the church of the Good Shepherd a more feeble church than St. Luke's ? A. I do not know. Q. What do you pay annually to St. Luke's, according to the report of Trinity church? A. $2,200. I presume there is some explanation that might be given in this case also. Q. Do you understand there is any legal obstacle to the col- lection of church mortgages, if the church is so disposed ? A. I believe there is no legal obstacle; but, if we should attempt to foreclose one, it would create such a clamor that we would never hear the last of it. No. 95.J 89 Q. Were you in the vestry with Mr. Wolf and Mr. Cyrus Curtiss? A. Yes. Q. Do the vestry of Trinity church consider themselves acting for the Episcopalians, generally, in New-York, or acting as such for Trinity church parish 1 A. For Trinity church parish. Q. These grants that you refer to, were they made as dona- tions of the property of Trinity, or as property held in trust for the benefit of all the churches'? A. They were made as the property of Trinity church. Q Do you think the income of Trinity church was greater in 1810 or 1812 than it is now 1 A. We were much richer then in lands, but I don't know about our income. Q. W T hile in the vestry, did you know of all expenditures, ecclesiastical or otherwise 1 A. There were no expenses except such as were authorised by the vestry, and I had the same oppor- tunity of knowing them as others. Q. Have there been any expenses, to your knowledge, for other than charitable, religious and benevolent purposes 1 A. None others than such as were necessary in the case of so large a property. Examination by counsel for Trinity Church. — Gulian C. Ver- planckj called and sworn : Q. Are you a member of the Vestry of Trinity Church, and how long have you been? A. I am a member of the Vestry, and have been, since 1814, whether elected at the annual elec- tion of 1844, or to fill a vacancy, I do not recollect ; about 12 years. Q. How long have you been a member of Trinity Church ? A. I was a corporator and pew-holder as early as 1811, but have not been, continuously, since that time. Q. Did members of other congregations vote at the vestry elections of Trinity Church, prior to 1814 1 A. I think not, for the reason which I will state. At the first election at which I 90 [Senate voted, which was in 1812, there was an excitement growing out of a parish question, the contest between two eminent clergy- men, Dr. Hobart and Mr. Jones, which brought out the full vote, or nearly so, of the electors entitled to vote for wardens and vestry, there being two tickets for the respective parties. I had strong feelings for one of these, and voted for one of the tickets. I confidently believe, that no votes, other than those of pew-holders or communicants of Trinity Church and her chapel, were received, and, that two or three others only, who were pew-holders or communicants in other churches, were ten- dered and refused. This general recollection of my own, has been recalled and confirmed, so as to give me great confidence in it, by the inspection of nearly contemporary documents, sta- ting that fact. Q. Has any suit ever been brought, or proceeding instituted, to establish the right of a member of any other church, to vote at the vestry elections of Trinity Church % A. I have never heard of any such suit or proceeding, and I think there can have been none, because from my after connection with the church, as a vestryman and an occasional inspector of annual elections, I think I must have heard of such suit or proceeding, if any such had taken place. Q. Has any member of any other church, not a pew-holder or communicant in Trinity Church, voted at the vestry elec- tions of Trinity Church, since 1814? A. I believe never, unless under some mistake. I have heard of a vote being offered, and rejected on that ground ; I know it from the papers of the day. Q. Has the act of 1814 been acquiesced in, by other churches in the city of New-York? A. I think so, practically, as it so rarely happened, that a vote was ever tendered on any ground, but that of being a corporator of Trinity, or a communicant or pew-holder. I recollect but one instance, there may have been a second, allowing for some absence from the city and country. Q. Have you ever been a member of the standing committee 1 A. Never. Q. Have you had free access to the books, papers and accounts of the office ? A. Perfectly so. Whenever I desired a book or No. 95.] 91 paper I was shown it, and I frequently had and used opportuni- ties of examining important books without asking the officers, from the publicity with which the minutes and other papers were kept in the office. Q. What induced you in making such examinations ? A. Sometimes general curiosity and a wish to know and be quali- fied to act upon the questions which came before us. I have, at times, also examined more particularly, and even had state- ments made for the use of the vestry, on my resolution, for the purpose of knowing the true financial state of the corporation of which so many vague notions were entertained. Q. Were you chairman of the Trinity chapel building com- mittee ? A.I was chairman of a committee of inquiry into the matter of location, cost of construction, and again, chairman of building committee, one of which was for the plan most re- sembling the one adopted; it was a plan, the estimated cost of which was about §80,000. This did not include the price of land, and I do not recollect whether it included the organ. The actual cost of the chapel is more than $200,000, exclusive of land. I am not as precise as I should be, because there are certain expenses of a recent building of a gallery, which I have not seen and cannot now give. Q. What was the cause of the excess of the cost of that chapel above the estimates ? A. The chapel was not built by contract, except for particular objects, such as the delivery of stone, but was built under the direction of an architect by clay's work. One cause, forming a considerable portion of the extra expense, was delay in building from weather and non-delivery of material, &c, during which time there was a great and rapid rise in labor and material. Another and also large increase arose from causes familiar to all who have had experience in constructing public or private buildings, by which persons hav- ing the charge of buildings have attempted to enlarge and vary their plans. Having had some personal experience on public works as a committee-man, from the capitol at Washington down, as well as on private works, I find it to be very common. A third cause is an error in estimate in two or three expensive [Senate items ; the cost of foreign stone for the lining of the chapel, which much exceeded our estimate. I was very much vexed at the result, and regretted the excess. Q. What have you to say with regard to the appropriations made to St. Luke's church? A. St. Luke's church was consid- ered, by myself and other members of the vestry, in a double relation. First, as it stood to us, in the relation of a great land holder, to provide for our own tenants, and improve our own property, amongst which St. Luke's stood. Secondly, as a con- siderable, and poor congregation. I knew the character of the congregation chiefly from an intimate friend, who has olten spoken of Linsley as the only, or almost the only person of means, who could, or did do anything for the pecuniary support of the church. We also looked to keeping the congregation together, with the view of transferring it, in some form or other, to the location on Hudson-street burial ground, reserved for that purpose. I have, on those grounds, voted cheerfully, and expressed my approbation of all such temporary allowances as were thought necessary to keep up the church. The precise amount recommended I have had nothing to do with, leaving it to the judgment of the committee. Q. What do you say as to the alleged control of the standing committee'? A. On some subjects, it is necessarily great— as to the valuation of property, and the terms on which property should be sold — they being familiar, from long and daily expe- rience with the value of our property in detail. On other points, such as allowances or gifts to churches, the vestry form their own judgment, and frequently refer matters back to them for reconsideration; sometimes, and in important matters, reject- ing their report, and making, or refusing grants, in opposition to their recommendation. A case in point has just been referred to us for examination. It is that of the church known as St. John the Baptist, a donation to which, the standing committee had reported against, and which, after full consideration and debate, was granted, nearly to the amount asked. No. 95.] 93 Q. State whether, in your judgment, the funds of Trinity Church have been judiciously applied 1 A.I believe they have been always applied with an honest intention. With great res- pect for the memories of our predecessors in office, I think now, and have before very often expressed the opinion, that the early policy of Trinity Church was erroneous in making large endow- ments for churches which became filled with wealthy and fash- ionable people, and did not provide for the wants of the body of the Episcopalians of the city of New-York. I think the present policy, founded on experience, is far wiser; by the present policy I mean aid to poorer congregations in New- York and elsewhere, in the form ol stipends or money grants, and espe- cially in providing for the religious and other education of the poor in our own churches. I will also add the accommodation of many others, who cannot literally be called poor; young clerks, for instance, who could not provide themselves with hired pews. Q. Is it true that the grants of Trinity Church have been made in a partial or partizan spirit, as regards a higt n church or " low " church views ? A. I have never observed any evidence of it, and have never felt it myself in any vote, I can say with a clear conscience. Q. What have you to say on the subject of free churches? A. I have taken great interest in them; was among the foun- ders of the City Mission, a donor and occasionally a solicitor of donations. I have been Vice President of the City Mission, and understand I now am. I have been disappointed in the results of purely free churches, which I fear can hardly get along with- out an endowment. I think the best and largest example of a practical without a nominal free church, is the parish church of Trinity. In this there are a limited number of pew-holders mixed with a much larger bodv, forming a large congregation, who need free accommodations. It is practically a free church, because with congregations of from five hundred to fifteen hun- dred, I perceived just before I left town, from an accidental inspection of the list of pews, that the actual receipts from the pews of Trinity, for the year ending n May, 1S56, was $157. 94 I Senate At St. Paul's the sum collected was $280, for the same period. I will add that my personal knjwledge is of Trinity, where I attend with considerable regularity about half the year. The operation of St. Paul's resembles that of Trinity. Q. What have you to say as to the value of property of Trinity church, and the mode of valuation in its report? A. I had no hand in making out the report made to the Senate of the value of their property, but I think that no other mode of estimation than that of the sworn assessors could have been made and agreed upon. This arises, in my judgment, from the church interest being a reversionary property, falling in at different pe- riods, with comparatively a small income. As to the most valu- able and saleable property in the lower part of the city, which has recently risen, even since the making of the report, the high prices chiefly for commercial purposes, my own experience and observation convince me that it is impossible to calculate with any reasonable ground of reliance as to its reversionary value for six, eight and ten years, and longer periods ahead. I speak both from observation and experience on this subject. I have been a member of monied institutions, which lend on mortgage, in the city of New-York; such as the Life and Trust Company. I have observed the great fluctuations and fall of value in parts of the city, such as Pearl-street, Hanover Square. I have ex- amined many bonds and mortgages of this character while in. quiring into the value of property. I have myself had the management and control of property in Stone-street, Pins-street, &c, which in 1835-36, was of great value, but has now fallen one-half, or nearly one-half its value at that time, owing to the transition of certain branches of commercial business from that locality to Broadway, and the streets adjoining it. I could not, therefore, myself, as the same occurrence may take place, esti- mate a high reversionary value ten or fifteen years hence, from present prices. The Astor lease, forming a large portion of the property of the chuch, falling in in ten years, is a mere rever- sionary property, producing, at present, only $269 per annum. Such property, when offered in large amounts at a time, would not, probably, command the bids or offers of any but capitalists No. 95.J 95 expecting to purchase at a low rate, and except under very favo- rable circumstances, would hardly bring its reversionary value, calculated on the assessed value, and perhaps not so much. I form that judgment with the full knowledge that where the pro- perty is not encumbered with a lease, it might sell for more than the assessed value. For these reasons, I think the assessed value the only one that the church could properly give, or the vestry have probably agreed upon. 7 o'clock, P. M. Gulian C. Verplanck's testimony continued. Q. Will you state what appropriations have been made by Trinity Church to institutions of charity in addition to those that have been already named'? A. I may possibly not know all that have been named, but I understand no mention has been made of the annual appropriation to the church of the Deaf Mutes, which consists of the whole annual rent of the church used, and also a stipend, I believe, of $300 or more. I think the rent is $500. Another stipend is a charity rather than a church donation, to a minister, the Rev. Mr. Cook, the German mission- ary at Ward's island and in the city among German emigrants, I think the allowance is $300. I suppose I may add, as there has been an allusion to it in a previous question, that he is a " low " churchman; and I never have known of any objection being made to the motion I make every year for the appropriation. A similar annual donation, which I mention as falling within my own knowledge as emigrant commissioner, is that of Rev. Mr.Winslow, Protestant chaplain for the Quarantine hospital, given for other services to emigrants landing at Castle Garden, in relation to their concerns both temporal and spiritual. St. Luke's hospital receives substantially from Trinity Church the grounds on which the hospital is built, now of great value, which took effect within a year or two. It was in this way : Trinity Church had some years ago granted to the corporation of the city, apiece or square of ground to be used as a market, and on that condition, at the foot of Duane-street. A hospital and church for British emigrants called the church and hospital of St. George the Martyr, had 96 | Senate been projected and in part carried into effect ; expecting to collect sufficient funds here and in England, they wanted a piece of ground, spacious and convenient enough for a hospital building, they applied to Trinity for a grant for this purpose. Trinity had no lands suitable for it, and it was doubted whether they had present means to enable them to buy ; about the same time, how- ever the market at the foot of Duane-street having been given up, the question was presented whether we had not the right to re- enter and claim our property at the foot of Duane-street. The vestry were advised that they could do so, and I suppose cor- rectly, but some friends of the proposed hospital suggested that the unpleasantness of a suit against the corporation would be avoided, and a great good obtained by negociation, if the cor- poration would grant a certain suitable location to that hospital, high up on the Fifth-avenue, the vestry releasing to the city corporation their rights in the Duane-street lot, which the city authorities were desirous of selling for a large amount to the Erie railroad. This was carried into effect, the vestry relin- quishing, for that purpose, their right to a property of great value, worth perhaps $40,000. The institution of St. George the Martyr, failing for some reason, St. Luke's was substituted in its place, and the property was transferred to St. Luke's hos- pital, Trinity church formally joining therein. I consider that the property was therefore obtained by St. Luke's hospital by means of a grant from Trinity Church; the title was obtained from the corporation of New- York, the real consideration thereof being the land released by Trinity Church, and sold for a large sum to the Erie railroad. Our last assent to the trans- fer to St. Luke's was given within a few years past. Q. State whether there is any order of the vestry prohibiting free access to the list of corporators'? A. There is no order to that effect; the superior officers have never refused to my know- ledge any one. I cannot say what the clerks may have done. The books lie in places, open all day at least, and the one con- taining the pew-holder corporators is in the outer office, where pew rents are collected, and frequently examined by any one I think who has the curiosity. The book containing the list of No. 95.] 97 communicant corporators is kept in an inner office on an open desk; I never knew the examination of it refused. Q. Do you know of any other of the old Episcopal church charters in this State, granted in the same terms as that of Trinity church? A. The old form of holding church property before the revolution, was the rector, wardens, and inhabitants of the town, or city in which it was, in communion of the church of England. Several of these were altered to conform to the new state of things after the revolution, retaining their own name, except modified as to the church of England. Trinity church was, by a special act; St. Peter's, Albany, was so modified; the church with which I have been long connected, in Fishkill, Dutchess county, holds its burial ground and buildings under a title in the same form. It reincorporated itself under a general act, passed in 1797, and its corporate title is, u the rector, war- dens and inhabitants of Fishki 1, in communion of the Protestant Episcopal church." There are two other Episcopal churches, which have been established for more than twenty years, in the same township, but they have never claimed, either the property or the rignt to vote. By the committee. — Q. If the lots to St. Luke's hospital were given, or considered by the church their property to give, why were they omitted in their report made in 1856 ? A. I presume for the reasons already stated, that they were not directly given, but substantially so, and therefore, requiring a long explanation, and deeming it impossible to state it briefly in an account or abstract. Q. Did not the city corporation insist that Trinity had no right to those Duane-street lots 1 A. I do not know that they ever insisted ; but we were legally advised that our right of re- entry was perfect; and those who represented the corporation were willing to make the arrangement I have mentioned, and to receive our formal release. Q. Did the city corporation dispute your right to the lots ? A. It may have been verbally denied by counsel or officers, but [Senate, No. 95.] 7 98 [Senath they were sufficiently satisfied of our right to give a valuable property for the release of our right, as we regarded. Q. Did you ever look at the book of corporators kept in the inner office ? A. Yes I have looked at it in order to see if per- sons were not entitled to be entered as corporators who were omitted through their own negligence or indifference, and I believe there were many such. Q. Did you ever look at the cash book or book of original entries t A. I have not, never having had occasion to do so, and never having audited any accounts except those of the chapel building. i Q. Did you, as a member of the vestry, know and approve of he form of the lease of pews in Trinity chapel, at its opening 1 A. I did know of it, and did not approve of it, because I considered it a measure cf over prudence, calculated to expose us to misrepresentation and perhaps to give offence. The motive of those, however, who carried it through, was that of precau- tionary prudence against the intrusion of a body of pew-holders who had no sympathies with us or any other church. It was recommended by a committee and approved by a majority of the vestry. It was repealed betore it could have any practical effect. Q. Do you know of any churches set-off from Trinity Church since 1814 I A. None have been. Q. Do you find any difficulty in getting at the value of your property when you sell or lease ? A. We are happily in a situ- ation not to be obliged to sell or lease until we get offers, and it is then a subject of negotiation with our officers or committees, of which I am not one. Q. Is there any difficulty in getting at the fair value of your property, when it is in a condition to sell, or to lease? A When the lease has expired, there is not. Q. Do you know of any appropriations by Trinity Church, for other than charitable, religious, or educational purposes ? No. 95.] 99 A. In the management of so large a property, there may be many miscellaneous purposes which I cannot mention in detail, for instance j patriotic purposes, of which I mention three in- stances, involving some expense, not discreditable to the church. In Trinity churchyard, were interred the remains of the late Gallant Capt. Lawrence, whose memory is perpetuatad by his last words "don't give up the Ship." A monument has been erected to his memory, at public expense, badly built, though well meant, and for 40 years it had fallen into decay. It was rebuilt at the expense of the church, in suitable and permanent style, retaining its former inscription. A similar instance within my memory, was the restoring and repairing of the monument, covering the remains of Alexander Hamilton. A third instance, is the monument now erecting, on the remains of revolutionary soldiers, buried in the western part of Trinity churchyard. The monument of Gen. Montgomery in front of St. Paul's, and in the church, has been repaired and improved. I presume that the erecting of a monument, creditable as a work of art, to the late Bishop Hobart, can hardly be considered as coming within the term, charitable, or religious. There are others in the management of the real estate, which any other large land- holder would pay. By the Counsel for Trinity Church : Q. Do you know of any improper appropriation of the funds of the Church ] A. I know of none for improper purposes. Q. Have any churches offered to be set off from Trinity, since 1814] A. None. The Committee, by request, put the following question : Q. Do you know or have you been informed, whether Trinity Church has recently had any person employed as counsel or otherwise, belonging or attached to the judicial, executive or legislative department of the State government] A. I do not know of any, and I add that from my position on committees of a legal and executive character other than the financial and standing committee, I must have known it any such person had been employed now or for some years past ; and I therefore say, 100 [Senate that the church has employed no person now in the judicial, ex- ecutive or legislative department. I was recently asked, whether a certain person coming within that description had been re- tained, and I at once answered, " No." Except those who now appear before you professionally on this examination, there is no person employed in this matter except Mr. De Zeng,who openly appears as our agent. Adjourned to 10 A. M., Monday. Monday, February 23, 1857. Present : Senate committee. Messrs. Spencer, Noxon and Ramsey, for Trinity Church ; Judge Parker and 0. Meads, Esq., Counsel. Gen. John A. Dix, called and sworn. Examined by counsel for Trinity Church : — Q. Will you state generally the facts within your knowledge in regard to the charges made against the vestry of Trinity Church ? A. About ten days ago I was subpoenaed to attend the committee as a witness ; being occu- pied with important business, and fearing I should be unable to attend before the labors of the committee were closed, I prepar- ed a communication addressed to the chairman of the committee? and sent it by Mr. Livingston, last week. The session of the committee having been extended beyond my expectations at that time, I thought it proper to appear before them in person. I have this communication with me, and if the committee will permit me to read it, I think it will save them a good deal of time in preparing questions, and myself a good deal of incon- venience in writing out answers. The committee assented to the reading of the communication in answer to the foregoing question, which is as follows : I have just seen and read the report made to the Senate on the 29th ult., by the committee of which you are chairman, together with the testimony appended thereto; and as there are imputa- tions therein derogatory to the character of the vestry of Trinity church, of whom I am one, both as regards their fairness and No. 82. | 101 their discreetness in the execution of their trust, I ask leave to submit to the committee the following statement : Business of a very urgent nature, affecting the interests of others, which I should be inexcusable for neglecting, prevents me from visiting Albany. I should otherwise have appeared before the com- mittee, and asked them to take my testimony orally, instead of soliciting their indulgence so far as to allow me to present it in the form of a written communication. I was appointed a vestryman in the autumn of 1849, and have served in that capacity to the present time. With the exception of ten months in 1854 and 1855, during which I was absent from the country, and occasional temporary absences from the State at other times. I have attended with a good deal of regularity the meetings of the vestry, and have taken a somewhat active part in its proceedings, I do not propose to trouble the committee with any discussion of the legal rights of the corporation under the original grants, by which it holds its property, or the legislative enactments by which its corporate powers have been confirmed or enlarged. Nor do I intend to offer to the committee any opinion with re- gard to the true interpretation of those enactments or grants. The sole object of this statement, which is made on my own responsibility, is to present such explanations as seem to me necessary to exonerate myself and my associates from charges which have been brought against us by some of the wit- nesses, and which do us, as I conceive, great injustice. I beg leave to say further, with perfect respect for the com- mitteee, and the body by which it was appointed, that in pre- senting this statement I have not overlooked the vital relation which an inquiry instituted by one branch of the Legislature, through the action of a committee, into the administration of the internal affairs of a religious corporation, bears to the rights of every ecclesiastical body in the State, I do not admit the existence of such an authority as has been exercised in regard to the body with which I am connected, more especially when carried so far as to solicit ex parte opinions concerning the motives under which individuals may have been supposed to 102 [Senate act. And I cannot but think, when the question is deliberately considered, that it will be found to possess a most important bearing upon the rights of conscience, which it was one of the leading objects of the Constitution to secure; a question well worthy, under this aspect, of the most serious public regard. If I have chosen to meet, with a reservation of rights, which I deem inviolable, the imputations cast upon me and my asso- ciates, instead of passing them by in silence, it is in order that the minds of the committee, the Legislature, and the community may not be misled by the testimony in which those imputations are contained. Soon after my connexion with the vestry commenced, my attention was attracted to the financial condition of the corpo- ration, which seemed to me very unsatisfactory. Its debt amounted to nearly half a million of dollars, and by reason of the large donations it was in the habit of making to other churches its revenue had become inadequate to its expenditures, and the annual deficits were made up by a sale of property. I regarded this practice, though founded upon a generous con- sideration for the wants of other parishes, and a desire to pro- mote the advancement of the interests of the Episcopal church in the city and the State, as opposed to all sound prin- ciples of finance. No fund or endowment can long withstand a regular consumption of its principal. Encumbered as the church property was by leases, it could rarely be sold in any considerable parcels, without serious sacrifice; and it was my opinion that the contributions of the church, instead of being enlarged should be curtailed, that its debt should not be in- creased, that its expenditures should, if possible, be brought within its income, and that its property should, as a general rule, be preserved until the expiration of its leases, when it could be sold without loss; thus leaving the church in condition to carry out with vigor and success the great plan of ministration, which seemed to me to be clearly marked out by changes in progress in the distribution of business and population throughout the city. In accordance with these views, when it was decided to build a chapel in the upper part of the city, in order to preserve to No. 95.] 103 the church its ancient parishioners, who had removed in large numbers from the neighborhood of Trinity church, and St. Paul's, and St. John's, I introduced a resolution providing that the corporate debt should never exceed the sum of two hundred and fifty thousand dollars beyond the amount of its bonds and mortgages, exclusive of those given by churches. The latter were excepted for the reason that they have never been regarded as an available resource. No interest is collected on them, and they are, in fact, held by the corporation for the purpose of preventing, in case of emergency, the property to which they attach, from being devoted to secular uses. The resolution referred to, after being amended so as to increase the limit of the debt to three hundred thousand dollars, was adopted. It is due to entire frankness to say, that I was opposed to the construction of Trinity chapel, believing the private wealth of the district, for which its ministrations were designed, suffi- cient to furnish them without the aid of Trinity church. At the same time, there were arguments in favor of the measure, on the score of justice and practical usefulness, which it was not easy to answer, and solicitations from old and faithful friends of the church, who had removed to the upper part of the city, too earnest and persuasive to be resisted by the vestry, many of whom had been their associates from an early period in life, and who were naturally reluctant to dissolve the connection as they approached its close. The measure having been resolved on, the vestry adopted a plan, which the architect estimated to cost forty thousand dol- lars. I urged its adoption, on the ground of its comparatively small cost, and I particularly pressed on the vestry the conside- ration that in the principal parish church enough had been done by them for the embellishment of the architecture of the city. At a subsequent meeting, a majority of the vestry, deeming the proposed edifice too small, or perhaps too plain for the position it was to occupy, adopted another plan, estimated by the archi- tect to cost seventy-nine thousand dollars. It was never intended by the vestry to exceed that sum. But those who have had any 104 [Senate experience in building churches, know not only how little confi- dence is to be placed in such estimates, but how difficult it is to adhere to original designs; and they will be disposed to consider the vestry, who ultimately found themselves involved, greatly to their disappointment and annoyance, in an expenditure of two hundred and thirty thousand dollars, for the chapel and site, as objects of sympathy rather than censure. This unlooked for expenditure, and the continued annual contributions to other parishes, which the vestry were unwilling to abridge, have carried the corporate debt up to the enormous sum of six hundred and sixty-eight thousand dollars; exceeding, by the sum of $469,000, its available bonds and mortgages. It is well known that the greater part of the city below Cham- bers-street is devoted to purposes of business, and that private dwellings have given place to stores and warehouses. The wealthy portion of the population has gone to the upper dis- tricts, and most of the churches of air denominations have followed them. The North Dutch, which is still engaged in useful spiritual labors in the neighborhood of St. Paul's; the Methodist church in John-street, unhappily rent by internal strife; and St. Peter's, a Roman Catholic church on Barclay- street, still maintain their ground. With these exceptions, Trinity church, St. Paul's and the church in Beekman-street, formerly St. George's, purchased and now entirely supported by Trinity, stand alone in this great deserted field of labor. The same pro- cess is going on above Chambers -street; and in a few years there will, in all probability, be no churches below Canal-street, but those of Trinity parish. Notwithstanding this exodus of wealth j a vast population, the inhabitants, in great part, of alleys, gar- rets and cellars, estimated to exceed one hundred and twenty thousand souls, occupy the field.it has abandoned; and if Trinity church had followed the same instincts, which have drawn off the other religious societies of the city to its more attractive districts, if she also had abandoned to their fate the poor and necessitous, whom wealth and fashion have bequeathed to her, the lower part of the city would have presented an example of religious destitution unparalleled in the history of Christian civilization. No. 95.J 105 It was in view of this great change in the condition of the population of the city that I introduced into the vestry on the 10th April, 185 the following resolutions: Resolved, That the standing committee be instructed to report a plan by which the expenditures of the corporation shall be limited to its income. Resolved, That the said committee be instructed to inquire into the expediency of making the seats in Trinity Church and in St. Paul's and St. John's chapels free. Resolved, That the said committee be instructed to inquire into the expediency of establishing free schools in connexion with Trinity Church and its chapels. Resolved, That the said committee be instructed to inquire into the expediency of devoting the funds of the corporation, as far as may be practicable, after making provision for the sup- port of the new chapel in 25th-street, to the education and reli- gious instruction of the poor of the city. The last resolution, as originally presented, was confined to the poor of the city below Canal-street, and, on the suggestion of a member of the vestry, it was, in view of future contingen- cies, amended so as to embrace the whole city. This is the plan which, nearly four years ago, I deemed it my duty to bring before the vestry. It was supported by a some- what labored argument, which was not committed to paper, and which I will not tax the patience of the committee by attempt- ing to recall to remembrance. I trust, indeed, that no such ex- position is necessary, and that the resolutions sufficiently explain their purpose. Their design was to rescue the lower part of the city — that portion which has not only an im- mense body of resident poor, but which receives into its bosom the geater part of the destitute, who seek a refuge here from hardship in other countries — to rescue this combined mass of permanent and temporary indigence from the utter spiritual abandonment with which it was threatened by the removal of those to whose wealth and liberality it had been accustomed to 106 [Senate look for sympathy and pecuniary aid, to more congenial districts. The plan comprehended not only the spiritual instruction of the adult inhabitants of this deserted district — once the seat of near- ly all the wealth of the city — but the education of their chil- dren, and, to the extent of the means of the corporation, a min- istration to their temporal wants. Trinity Church, with its endowments, fortunately growing more valuable with the pro- gress of the city, was to stand in the place of the individual opu- lence, which has fled from a district where its tastes could no longer find suitable fields for indulgence, and established itself in others, where it has rivaled Genoa in its streets of palaces, and where in all its appointments and manifestations of indoor and outdoor life, there is a concentration of refinement, luxury and splendor unequalled, excepting by a few of the great capi- tals of Europe. It is possible that I may have looked upon this plan with that undue partiality which individuals are apt to feel for sugges- tions originating with themselves. But it has seemed to me to have been among the designs of Providence that Trinity Church should have been planted in this great district, ready, with her ample endowments, to make provision, when the emergency should arrive, for those whom individual wealth has left upon her hands. I hold this to be the great mission of Trinity Church, and I have pressed on the vestry, on all proper occasions, the duty of preparing for it, and of commencing the work with the utmost diligence. Though the plan has not been formally adopted, it has been practicilly acted on; and it is due to my associates in the vestry to say, that they have responded to all ap- peals in behalf of the destitute districts below Canal-street, by as liberal an expenditure as the income of the corporation, crippled by a heavy debt, and burdened by large annual contributions to other churches, has admitted. The clerical force of the parish has been nearly doubled; the Sunday schools have greatly enlarged; parish schools for the gratuitous education of children have been established; by far the greater part of the pews in Trinity Church, one hundred and four out of one hundred and forty -four in St. Paul's, and a large number in St. John's, have been made free; No. 95.] 107 efforts have been put forth to bring into the church those, who have not been accustomed to attend any religious worship; Trinity Church is opened twice every day throughout the year, for divine service; a mission office has been established to re- ceive applications for aid; lay visitors are employed to seek out want and relieve it; missionary agencies have been instituted in connection with the Commissioners of Emigration; the whole lower part of the city has been virtually made a field of mis- sionary labor; and a degree of energy has been infused into the ministrations of the churchy temporal and spiritual, which compensates, in a great degree, for the lost support of the religious societies removed to other districts. In the midst of all this earnest effort, with five of her clergy residing within this neglected field of labor, conversant with little else than its destitution, and devoting themselves to the relief of its wants, Trinity Church finds herself assailed, as faithless to her trust, by those, for the most part, whose lives are passed amid the social amenities of the upper districts, and in an atmosphere redolent of indulgence and luxurious ease. It was not supposed by me, when this plan was brought for- ward, that it could be fully carried out, until a considerable portion of the leased property of the church should become available for the purpose. It was only expected that a begin- ning should be made, and that the plan, in its great outlines, should have a practical adoption. However earnest the desire to put it in operation at an earlier period, the unexpected aug- mentation of her debt, not only renders such a desire hopeless, but manifests that it may be even further postponed, or pos- sibly defeated, without a prudent husbandry of her resources. For the better illustration of this point, I annex a statement of the revenue and ordinary expenditures of the corporation, for the year ending the 30th April, 1856. Revenue. 1. From ground rents of real estate 2. " pew rents 3. " interest on bonds and mortgages 4. " Trinity Church Cemetery $67,359 53 6,998 50 13,259 40 4,155 92 $91,773 36 108 [Senate Expenditures. 1. Parish expenditures, including, (besides those obviously such) charges upon, and expenses of management and care of the property of the church, necessary diocesan expenses, and annuities to families of deceased clergymen, or to officers of the parish, $71,344 22 2. Interest on debt, 36,522 15 3. Allowances, donations, and loans to other churches, 32,052 42 $139,918 79 Deduct revenue, 91,773 36 And there is a deficit of $48,145 43 for the year ending 30th April, 1856. The receipts and expenditures for the year ending 30th April, 1857 were estimated on 1st May last, at $40,638.66. The grants actually made by the corporation, to clergymen and churches to be paid during the year, in addition to the regular allowances, amount to $11,640, and the appropriations for building school- houses, and renovating and enlarging St John's chapel to $28,- 000, making together $39,640 00 Deduct cash on hand 1st May, 1856, 10,016 38 $29,623 62 Add estimated deficiency, 40,638 66 And there will be a deficit of 70,262,28 for the year ending the 30th April, 1857. This defiicit can only be made by selling real estate. The deficits for the last ten years, exceed two hundred and seventy thousand dollars, and the Corporation has provided for them, by selling lots, and applying the proceeds to the augmentation of her insufficient income. While she is assailed as niggardly in her donations, and as engaged in a systematic accumulation of her capital, she has in fact, for years, been selling her real estate, and meeting w T ith the proceeds, the pressing demands on her, a large portion of which, have grown out of her contribu- tions for the support of other churches. No. 95.] 109 The estimated expenditure of the present year continued till 1862, would consume so much of the Lispenard lease, which be- comes disencumbered in that year and embraces a large and valuable part of her real estate, as to leave her a balance insuf- ficient to pay her debt, which is now §668,813 00 This debt may be reduced by mortgages 199,469 00 To the sum of , 469,344 00 Add deficits of $70,278.66 for five years, 351,311 40 And there will be the sum of $820,655 40 to be provided for by sales of real estate ; a sum exceeding the highest estimate in the report of the committee of the value of the Lispenard lease; and unless the prices of real estate become greatly enhanced during the next five years, nothing will remain of the lease referred to, after discharging the pecuniary obliga- tions above specified, a portion of which must be provided for by sale of other property. The expenditures of the parish cannot be materially abridged without prejudice to its interests ; and the vestry are unwilling to reduce the annual allowances to other churches, believing that such a reduction would cause great inconvenience to the recipients, and, in some cases, impair to a serious extent the efficiency of the parishes thus assisted. In regard to the necessity of allowing the capital of her en- dowment to be consumed by the current expenses of the church, I have differed in opinion with a majority of the vestry. While they have deplored it and yielded to it as a necessity, I have been in favor of meeting it by retrenchment, and bringing down the expenditure, as nearly as may be, to the standard of the in- come. I have urged this duty on the vestry as one demanded by every maxim of financial prudence, and with the less reluc- tance as the inconvenience to result from it would be of short duration ; for if the real estate disposable in 1862, or the great mass of it, can be kept undiminished until that time, the church will be in a condition to prosecute the great plan of ministra- tion she has entered on, with an efficiency which cannot fail to 110 [Senate produce results of the highest importance to the city and the State. If I have thought the vestry in error in this respects, it is not b "cause I have considered them lacking in liberality, but because they have yielded under impulses highly honorable to their feelings, to an outside pressure for contributions, which, in view of the deep and lasting interests involved in the question, I would have resisted. This is, in truth, the only ground of apprehension in regard to the success of the plan of religious instruction for the poor in the lower part of the city. It must utterly fail if Trinity Church , for the purpose of meeting a regular series of annual deficits in her revenue, caused to a great extent by her contributions to other churches, shall consume her real estate ; and for this reason I would incur a temporary inconvenience for the purpose of carrying out a great system, the benefits of which would be incalculable in value and endless in duration. To hold her real estate until it is unencumbered and can be sold without sacrifice, is in no just sense, an accumulation of capital. To accumulate, is to augment by a reinvestment of income, or in other words, to convert revenue into principal. If hei income exceeded her necessary expenditures, if, instead of contributing it to the wants of others she were to withhold it, and use it for the augmentation of her capital, she would be fairly obnoxious to the imputation cast upon her. Instead of erring in this di- rection she has, as has been shown, been for a series of years expending large portions of the principal, and mainly for the pur- pose of making donations to other parishes. In proof of this position, I submit the following statement of the receipts and expenditures of the corporation for the last 10 years, with the annual deficits of income and the allowances, donations and loans to other churches. I have prepared it from the books of the corporation, and it has been examined and compared by Mr. Dunscombe, the comptroller, and myself, with a general state- ment of the financial afYairs of the church for the same period made by Mr. Roach, an experienced accountant, and I believe it to be in all respects correct. No. 05.J 111 Year ending 30th April, \%±7. Revenue, $68,498 47 Expenditure, 94,791 93 Deficit, $26,293 46 Allowances to other parishes, $10,825 00 Donations, 5,134 00 Loans, 500 00 Total allowances, &c, $16,559 00 Year ending SOth April, 1848. Revenue, $74,258 54 Expenditure, 95,984 28 Deficit, $21,725 74 Allowances to other parishes, $10,175 00 Donations, 7,800 50 Loans, 3,900 00 Total allowances, &c, $21,875 50 Year ending 30th April, 1849. Revenue, . $78,869 85 Expenditure, 88,096 79 Deficit, $9,226 94 Allowances to other parishes, $12,600 00 Donations, 4,889 14 Loans, 3,800 00 Total allowances, &c $21,289 14 Year ending 30th April, 1850 Revenue, $77,799 63 Expenditure, > 95,741 11 Deficit, $17,941 48 112 [Senate Allowances to other parishes, §13,000 00 Donations, 4,705 18 Loans, 12,198 00 Total allowances, &c $29,903 18 Year ending 30th Jlpril, 1851. Revenue, $75,871 31 Expenditure, , 100,233 44 Deficit, $24,362 13 Allowances to other parishes, $13,683 00 Donations, 4,488 13 Loans, 9,377 00 Total allowances, &c $27,548 13 Year ending 30th April, 1852. Revenue, $77,979 77 Expenditure, 108,317 39 Deficit, $30,337 62 Allowances to other parishes, $14,715 00 Donations, . 12,806 72 Loans, . 7,650 00 Total allowances, &c $35,171 72 Year ending 30th April , 1853. Revenue, $86,073 97 Expenditure, 110,592 66 Defiicit, $24,518 69 Allowances to other parishes,, $16,785 00 Donations, 9,186 21 Loans, 7,700 00 Total allowances, &c $33,671 21 No, 95. J 113 t Year ending 30M April, 1854. Revenue, $85,710 53 Expenditure, , , 137,078 99 Deficit |51 3 368 46 Allowances to other parishes, $21,706 00 Donations, 6,916 26 Loans, 17,100 00 Total allowances, fcc $45,722 26 Year ending 30th ApriL 1855. Revenue, $95,195 72 Expenditure, 114,677 30 Deficit, $19,677 30 Allowances to other parishes, $15,058 33 Donations do 7,290 16 Loan* do 2,000 00 Total allowances, &c, $24,348 49 Year ending oi)th April. 1856. Revenue, $91,773 36 Expenditure, 139,918 79 Deficit, . $48,145 43 Allowances to other parishes, $15,500 00 Donations do 10,552 42 Loans do 6,000 00 Total allowances, &c, $32,052 42 [Senate, No. 95. J * 8 114 | Senate Recapitulation Deficits. 1347, $26,293 46 1848, 21,725 74 1849, 9,226 94 1850, 17,941 48 1851, 24,362 13 1852, , . 30,337 62 1853, 24,518 69 1854, 51,368 46 1855, 19,677 30 1856, 48,145 43 $273,597 25 Allowances, 'c. Allowances. Donations. Loans. 1847, $10,825 00 $5,134 00 $600 10,175 00 7,800 50 3,900 12,600 00 4,889 14 3,800 1848, 1849, 1850, 1851, 1852. 1853, 1854, 1855, 1856, 13,000 00 4,705 18 12,198 13,683 00 4,488 13 9,377 14,715 00 12,806 72 7,650 16,785 00 9,186 21 7,700 21,706 00 6,916 26 17,100 15,058 33 7,290 16 2,000 15,500 00 10,552 42 .... 6,000 $144,047 33 Allowances, $73,768 72 144,047 33 217,816 05 70,325 00 |288,141 05 $70,325 By this statement, it appears that the deficits of revenue in the last ten years amount to $273,597.35, and the amount given away and contributed to the support of other parishes is $288,141.05, exceeding the aggregate deficit by the sum of No. 95.] 115 $15,573.80: and, as I have already said, the whole deficit of the ten years, incurred for the benefit of others, has been made up by a sale of real estate, and is to that extent, a consumption of principal. Several of the witnesses have testified that, in granting aid to other churches, the vestry have acted under the influence of party-feeling, refusing assistance to those who differ with them in opinion, and granting it freely to those whose views are in accordance with their own I feel it to be my solemn duty to repel this imputation, by stating my own experience. I have been more than seven years a member of the vestry, and have been on terms of the most unreserved and confidential communication with my associates. I have discussed with them the propriety of granting and declin- ing applications for aid, not only at nearly all the meetings of the vestry, but in many cases in private interviews; and no reference has ever been made by me or by any one of them, at any meeting, official or private, to the party views of any of the rectors, or religious societies presenting such applications. The party divisions, which have existed for several years in the Epis- copal church, and which have not only impaired its capacity for doing good, but dishonored those on both sides who have been active in keeping them alive, have never been a subject of dis- cussion at any meeting of the vestry which I have attended; nor have they been alluded to in connexion with applications for aid. I have taken a deep interest in several applications myself, and have, perhaps, had some influence in securing grants of money to the applicants, and in no instance have I inquired what were the particular views of the rector of the parish to which they belonged. I do not even know to this day whether they are high church or low church. The only inquiries ever made were in regard to their pecuniary and social condition and their need of assistance ; and these considerations, together with the ability of Trinity Church at the time to make the grants asked for, and the probability that the grants would be effective for the objects in view, have been the only ones which have guided me in my votes. I believe the other members of the 116 [Senate vestry have been equally free from the influence of party motives. My belief is founded upon my knowledge of them as enlightened, conscientious, and liberal men, and upon all they have said and done in my presence through a familiar associa- tion of seven years. I cannot be supposed to have been deceived in regard to their principles of action, but upon the hypothesis of a depth of dissimulation on their part and an obtuseness of perception on my own, too gross for the largest credulity. I can say with the same confidence, that I do not believe those who have the management of the affairs of Trinity Church, have sought, during the period of my connection with them, a period of a good deal of excitement, to influence rectors or parishes on any question in the diocese through the instrumentality of her donations. It is due to others to add, that I have for several years attended the conventions of the diocese and become ac- quainted with a large number of the clergy, I have rarely met a more intelligent or independent body of men ; and I regard the intimation that they would be governed in the doc- trines they teach or in the oflicial acts they have to perform, by considerations arising out of the pecuniary aid their parishes may have received from Trinity Church, as alike ungenerous and unjust. In a word, I consider all these imputations of influence on the one hand and of subserviency on the other, as the offspring of mere groundless suspicion ; and they are in some instances so loosely hazarded, as to make it the part of charity to refer them to the same narrow and distempered views of duty, which are falsely imputed to the vestry of Trinity. I have thus laid before the committee, with entire frankness, d statement of my connection with Trinity Church, and the part I have borne in the management of her financial affairs, and the great scheme of religious and temporal ministration, which I desire to see carried out under her auspices and through the aid of her endowments, in the lower districts of the city. I do not believe the importance of giving effect to this plan can be over- stated. The funds of Trinity Church are the only resource for accomplishing it ; she must execute it or it will fall to the ground, and the district in which three of her church edifices No. 95.] 117 stand, become nearly desolate for all spiritual purposes. The prosperity of the city is deeply involved in it; destitution, tem- poral and spiritual, goes hand in hand with crime ; and when even now the spirit of acquisitiveness which is characteristic of the age and has become its greatest scourge, is dishonoring it by forgeries the most bare-faced and staining it by murders the most foul, what shall be our social condition if, in a large por- tion of the city, destitution and spiritual neglect shall combine with cupidity, to arm the hand of violence and stimulate it to still grosser outrage. What higher office can Trinity Church fulfill, what higher benefit can she confer on the classes which have the deepest stake in the security of property and life, than by devoting herself, as she is now doing, to make the lessons of religious and social duty familiar to those who, under the pressure of their physical wants, have the strongest temptation to forget them ? In the upper districts the possessors of nearly the whole private wealth of the city have become domesticated. There is more than one congregation, the individual possessions of which are believed to exceed in value, with the largest esti- mate ever put on it, the entire property Trinity Church holds, for the support of her four congregations. Those, whom fortune has thus overburdened with her gifts, should be willing to leave unimpaired, the endowments of Trinity Church, that she may make suitable provision for the poor, whom they have left to her care; and, whatever may be the narrowness of spirit, which presides over particular circles, no doubt is entertained, of the generous and catholic feeling which pervades the great body of the opulent classes. No city has more cause to be thankful for the munificence with which some of her richest men have con- tributed to the great objects of social improvement within her limits : and it is most gratifying to add, that in more than one instance, the wealth which exists in the largest masses, has been poured out with the noblest profession, to build up literary and charitable institutions for the common benefit. To such a spirit of munificence, no appeal to relieve the destitution which hangs upon the outskirts of the upper districts, need be addressed in 118 | Senate vain. If among those, to whom providence has committed the spiritual guidance of these favored classes, there are any, who seek to compel Trinity Church to scatter her endowments broad- cast, over the city, and thus disqualify herself for the great work of charity devolved on her, in the district, in which her lot has been cast ; it there are any, who are engaged in inculcating an antiphonal beneficence, the utterances of which, are to be given only in response to those of Trinity, it is suggested, with the profoundest deference, whether a nobler field for the exercise of their influence, does not lie directly before them. Whether the great ends of their calling, will not be better subserved by la- boring to infuse into surrounding atmospheres, over-cast with penury and want, some of the golden light, which irradiates their own. The State, nay, the whole country, has a deep interest in this question. The city of New-York, embodying as she does, to a great extent, the commercial and financial power of the Union, must exert a sensible influence upon the moral and intellectual character of all, with whom she is brought into association. The slightest agitations on her surface, undulate in all directions to the gTeat circumference, of which she is the centre. On Tri nity Church are devolved, in the order of events, the spiritual instruction and guidance of the district, by which she is brought most directly into contact with all that lies beyond her limits. If this duty is not faithfully performed, no voice should be raised in palliation of the delinquency. On the other hand, if any of those, who have withdrawn from this part of the city, the wealth, which Providence has, in such disproportion, bestowed on them, shall seek to deprive the destitute, when they have left behind, of their sole resource for spiritual in- struction and the alleviation of their temporal wants ; if they shall succeed by mis-stating the condition, and unjustly im- peaching the motives of Trinity Church, in defeating her efforts to carry out the great system of labor with which she is occu- pied, they will incur the gravest and the most odious of all re- sponsibilities, that of consigning one of the most important dis- tricts in the emporium of the Union, to an intellectual and spi- rifeial death, No. 95. j 119 By the Senate committee : Q. Were not Mr. Curtiss and Mr. Wolf in the vestry of Trinity Church ? A. I think that Mr. Wolf ceased to be a member of the vestry before I became a member of it. Mr. Curtiss is now a member of the vestry. Q. Would not they be as likely to understand the affairs of the vestry as other members of it ? I think they have the same opportunities that other members of the vestry have. Q. Do you or do you not know that the church reported in 1854, the church mortgages as part of her capital? A. I do not know; as I have stated in my communication, I was out of the country during part of the years 1854-55. Q. Are there not free schools provided in New- York for all classes ? A.I understand there are, by the State. Q. If the vestry of Trinity had adopted the first plan proposed for building Trinity chapel, at a cost of $40,000, would not their debt have been now less by nearly $200,000? A. If the plan had been adhered to, and had cost no more than the architect estimated, a much less sum than $230,000 would have been ex- pended on the chapel and site. In the cost of $230,000 is the expense of site. Whether the debt of the corporation would have been less now, of course, I cannot say. Q. Do you not consider that the estate of Trinity Church is now of much greater value than at any previous period 1 A. That question I cannot answer. I am not a member of the finance committee, and therefore am not acquainted with the details of the value of property. Q. Do you or do you not know that there have been applica- tions to the Legislature for the repeal of the law of 1814 ? A. I am not aware of any such application. Q. Were you acquainted with the proceedings of the vestry in respect to the valuation of the St. John's Park property ? A. I was not present at the first meeting when that subject was brought belore the vestry, I was present, I think, at the meet 120 | Senate mg at which that subject was discussed. My impression is, that the vestry at first refused to entertain the proposition at all; but at the earnest solicitation of nearly all the owners around the park, they finally agreed to release their interest if they could receive the sum of $400,000. I never understood this to be con- sidered as the value of the property, but rather as the increase of the damage that would be done to Trinity Church by destroy- ing the park. This was my own view of the subject, and I con- sidered the interest of Trinity Church so remote and contingent that I would not have undertaken to put a valuation upon it in money. Q. Were you acquainted with the making of the report of Trinity Church, in February, 1856 ? A. No, sir. 1 was out of the State. Q. Have you stated in your written testimony what amount Trinity Church pays to Bishop Potter as his salary? A. The amount is embraced in the aggregate expenditure, but is not specified. Q. Will you please to state it I A. I think it is $1,600. Mr. Minturn and Mr. Bradish, w r ho were members ot the committee with myself, appointed by the convention of the diocese, for the purpose of apportioning the Bishop's salary among the churches of the diocese, thought Trinity Church should pay a larger sum ; and I think on the ground of her endowment. Q. From what you know of the value of real estate in the city of New-York, would you not think that the property of Trinity Church is increasing in value? A. I have no doubt it is.*> Q. I perceive by the report of Trinity Church, that the leases of a large number of lots have expired, or are about expiring. I would ask whether it is your opinion the vestry should sell those lots, and pay their debts, or lease them ? A. It is my opinion they should sell the lots and the debt of the corporation be paid. Q. Do you think the majority of the vestry agree with you in that opinion ? A. That I cannot say. No. 95.] 121 Q. Is there not, in certain parts of the city of New- York, a great scarcity or want of churches, — I mean in the eastern part of the town, and in the 4th, 6th, 13th and 14th wards ? A. I am not acquainted with the limits of the wards; though I have no special knowledge, I have no doubt churches might be established, with advantage, in many parts of the city. Q. After selling sufficient property to pay the present indebt- edness of Trinity Church, in your opinion, should her policy be to retain the balance of her real estate and appropriate only the income of it 1 A. I cannot say that I have had any definite plan with regard to the future. My idea has been that her debt should first be paid; that her property should, as far as practi- cable, be preserved until it could be sold without loss; and that when she has set apart the funds necessary to take care of the lower part of the city, I would be very liberal in donations to other churches, not only of income, but of principal, where it could be done without impairing her own means of usefulness in her particular sphere of duties. Q. When the leases expire, could not the property of Trinity Church be made more productive by a sale than by reletting; and would not the sale be more beneficial to the interests of the church and city? A. It is a very large question, and one that I am not prepared to answer at this time. I will add, that I have been in favor of selling her property whenever it could be done advantageously. Q. Cannot the property be now sold to advantage, subject to the leases referred to ? A. As a general rule I should think- not; though I have no doubt that some particular pieces of pro- perty or lots may be. Q. What do you think of the policy of making some of the large grants to the up town churches, the Annunciation and St. Luke's ? A. I was not at the meetings of the vestry, I think, at which those two grants were made; and I cannot, therefore, speak of the special inducements for making them. Q. When acting as a vestryman of Trinity, do you consider yourself acting as a vestryman of Trinity parish only, or as a 122 I Senate trustee for Episcopalians in the city of New- York generally ? A. I consider myself as acting as a trustee for Trinity parish only. By counsel for Trinity Church : Q. What can you state with regard to the mortgage held by Trinity Church upon Zion church, in Mott-street ? A. My re- collection is that Trinity Church loaned to Zion church, in Mott- street, in 1830, the sum of $7,000. In 1850, on the removal of the church to Murray Hill, Trinity Church transferred the loan of the mortgage to the new church, which was to be built, and remitted the Interest of the old mortgage for the twenty years, which amounted to $9,800. Q. Can you tell me whether this (presenting the following paper) is a copy of a resolution from the minutes of the vestry of Trinity church ? A. It is. I compared it with the original minutes. The following is a copy: Extract from the Minutes of the Corporation of Trinity Churchy held on the 28th day of March, 1812. RESOLUTION. Report oj committee on the state of the church: It having been represented to this board, that certain persons belonging to Protestant Episcopal congregations in this city, which have been incorporated as separate and distinct from the corporation of Trinity church, and who are not pew holders in Trinity church, or any of its chapels, claim a right to vote at the annual elections for church wardens and vestrymen of Trinity church, Therelore — Resolved, As the unanimous sense of this board, that no other persons except inhabitants of the city of New York, who profess themselves members of the Protestant Episcopal church, and hold, occupy or enjoy a pew or seat in Trinity church, or one of its chapels, and regularly pay to the support of the said church, or regularly worshipping therein, shall partake of the holy sacrament of the Lord's Supper, in the said church, or one of its chapels, at least once in every year, are entitled to vote at the said elections. No. 95. j 123 Examination by counsel for Trinity church. — Jo/in R. Living- ston called and sworn : Q. How long have you been a vestryman of Trinity church ? A. I was elected, I think, in January, 1847, and have continued to this time. Q. What Episcopal churches were there in the city of New- York, independent of Trinity church, prior to 1814, and which of such churches were built by Trinity church ? A. There were nine Episcopal churches, independent of T: : nity and her chap- els; three of which were built by Trinity church. They were St. George's chapel, Grace church and St. Mark's church. Q. How has the increase of parishes in the city of New-York, since 1813, compared with the increase of the population of the city? A. In 1814, there were twelve congregations, including those of Trinity parish. In 1847, there w T ere thirty-five congre- gations. In 1857, there are, as appears in evidence, fifty con- gregations. The increase from 1814 to 1847, a term of thirty- three years, was twenty-three congregations. The increase from 1847 to 1857, a term of ten years, is fifteen congregations. In 1814, the population was 105,000, according to the testimony of Air. Winston. In 1857, the population is said to be about 650,- 000. Some of the recently built churches, are very large. I will instance St. George's church, Calvary, Trinity chapel and the church of the Transfiguration. Q. Has Trinity Church ever foreclosed any ©f the mortgages received for loans to churches ? A. I am quite sure she never has. Q. Will you explain the transactions with regard to the premises of the Protestant Episcopal City Mission Society ? A. In the early days of the City Mission Society, the corporation of Trinity Church determined to make annual appropriations towards the support of the missionaries, in preference to giving land or building churches. They accordingly, in 1832, appro- priated $1,200, and afterwards 1,800 per annum. In the year 1837, the society was embarrassed, and obtained from Trinity 124 | Sen ATi< Church a loan of $10,000, secured by 9 mortgage on the two mission churches of the Holy Evangelists in Vandewater-street, and the church of Epiphany in Stanton-street. This was a business transaction and in no sense a gift to the society. In 1844, the Howard Insurance Company foreclosed prior mortgages held by them on the two City Mission churches, and the premises, by an arrangement made by the vestry of Trinity Church, were transferred to the two congregations that had become indepen- dent corporations. The corporation of Trinity Church assumed the payment of £13,000 of the consideration money, the balance I believe was raised by the respective church corporations. In this arrangement, it was necessary to credit the City Mission Society with the residue of the consideration or purchase money, after satisfying prior existing incumbrances on the premises. The amount thus audited is $10,140.51, which amount increased to $13,000, was advanced, by the corporation of Trinity Church, to the two churches in equal amounts, and mortgages given by each of them to the corporation of Trinity Church for the sum of $6,500. It will thus be seen that in this instance the mort- gage to Trinity Church " did tend to secure the permanent use of the Protestant Episcopal church, the buildings and property thus mortgaged. " Q. What have you to say with regard to the mortgage on the Yande water-street church I A. When the corporation of Trinity Church had made arrangements for the purchase of St. George's church in Beekman-strest, they received a communication from the vestry ot the church of the Holy Evangelists in Vande water- street, in the 4th ward of the city, stating that two churches so closely together as the Holy Evangelists and St. George's in Beekman-street, having special reference to the benefit of the same class of persons — the poor who attended — would injudi- ciously affect each other, and so weaken both as to be a cause of lasting sorrow. They also stated that their church was in a dilapidated condition, and would require a large expenditure to repair it 5 and besides this, that the location for a church had become the worst in the city. This communication was referred to a special committee on St. George's church, and on their te- oomm end ation, the vestry removed the congregation of the church No. 95. | 125 of the^Holy Evangelists to St. George's church in Beekman-st., and had the property transferred to that corporation. The church in Vandewater-street was then sold by its own vestry, and after paying off all prior incumbrances, the balance of $1,200 was paid over to Trinity corporation, who expended this amount, together with a much larger sum, in preparing St. George's church for their accommodation. Q. Do you know how much money the church of St. John the Baptist has received from Trinity Church since its report was made? A. The corporation of St. John the Baptist have recently erected a fine church building in the upper part of the city. Before the church was completed, they became very much embarrassed and applied to Trinity to assume the interest on the sum of $15,000. This matter was referred to the standing committee, who reported adversely to the application. It was considered in the vestry, their report was overruled and the application granted. I will here add that on the same evening? a similar report was made on the application uf the Rev. Mr. Howland ; it having become absolutely necessary to protect the church building of St. John the Baptist, the vestry could not respond at that time to Mr. Howland's application, and referred it back to the same committee for further action. Q. What explanation can you give in regard to the grant to St. Jude's Church. A. In 1843, the standing committee made a report on an application of St. Jude's Church for aid, setting forth that the church had no permanent edifice or fixed location, that its present place of worship was in a part of the city sur- rounded by other churches affording ample accommodations for all persons in that vicinity, and recommending on these grounds, and also on the ground of the condition of the finances of the corporation, that the application be not complied with, which was adopted by the vestry. Q. Has the amount of annual stipends been reduced ? A. I think not, My impression is that the aggregate amount has been gradually increased each year during the last ten years. There are three instances to my knowledge, where they have 12G [Senace been entirely dispensed with. St. Thomas' Church, the salary of whose rector is said to be $5000 per annum, St. Bartholo- mew's, and the Church of the Ascension, whose congregations have been equally liberal towards their pastor. These amounts have been transferred to other congregations who were iu need of them. Q. What effect has the disposing of large masses of property by lease, had upon the value of real estate contiguous? A. Some of the finest and most costly private dwellings in the city of New-York are built on the property of the Trustees of the Sailors Snug Harbor, a charitable institution. It is situated in the finest and most fashionable part of the city, and the real estate in the vicinity is materially enhanced in value by the condition of this leasehold property. In another portion of the city, a large leasehold estate on Fourteenth street, extending from University Place to the Sixth Avenue, known as the Shiugler lease, is covered with similar fine dwellings, and the property in the neighborhood is of the most valuable in the city. The same is also true of the leased property of Columbia Col- lege, which was derived from Trinity Church ; and the church's leased property in the lower part of the city has always been well improved and fine buildings erected upon it. Q. Is it true, as stated in the report of the committee, foot of page 16, that Col. Troop's pamphlet was an inducement to the Legislature to pass the act of 1814 ? A. It cannot be true, from the fact that the act was passed on the 2d of April, 1813, and the pamphlet bears date the 6th of September following. Q. What have you to say as to the result of the policy of the vestry, in granting money instead of lots 1 A. I desire to con- trast the result of the policy adopted prior and since the year 1814. Since the year 1814, the policy of Trinity Church has been to grant to churches, institutions of charity, and learning, money instead of lots. Besides having built St. George's, Grace and St. Mary's churches, and St. John's and St. Paul's chapels? this corporation have aided in this State about 201 churches — 71 in western New-York, 41 in the city of New-York and 89 in other parts of this diocese. Hobart College, at Geneva, has been made No. 95. J 127 free by her means ; the General Theological Seminary and the Education and Missionary Fund aided ; appropriations have been made to foreign, home and city missions of our church ; an Epis- copal residence has been purchased, and the Episcopal fund largely increased ; annuities have been made to the lamilies of deceased clergymen ; the aged and infirm of the clergy have been assisted, and monuments have been erected to worth, valor and patriotism. These are some of the advantages obtained, and benefits derived from the proceeds of the sale of 1059 lots. It is respectfully submitted that they will compare favorably, in value and usefulness, with the former policy of the vestry, of granting a large number of lots to a few favored churches and institutions. Q. Has Trinity Church, in your opinion, done her utmost to make the capital of her property available for religious purposes^ &c. ? A. My answer is, that she has endeavored to do her best in the exercise of an honest judgment Q. Is there any obstacle to the collection of church mortgages if the vestry are so disposed 1 A. I think there is, the great obstacle of good, faith. Q. Are there other standing business committees in the vestry besides the standing committee ? A. There are three standing committees in all • the standing committee proper, which is the finance committee, the committee on supplies and repairs, and the committee on the cemetery ; special committees are fre- quently appointed as occasion may require. By the Senate committee Q. Will you look at the poll list of 1854, and see how many of them are not connected with Trinity Church as vestrymen? clergymen or officers 1 A. All are corporators of Trinity Church., twelve of the twenty-six are in no manner connected with Trinity Church as vestrymen, clergymen or officers. Q. Does not Col. Troop's pamphlet bear date before the law of 1814 was passed? A. Col. Troop's pamphlet bears date the 6th of September, 1813. The bill had passed both houses on the 128 [Senate 2d of April, 1813, and became a law on the 25th of January, 1814. I beg leave to add, Col. Troop states in his pamphlet that two members of the council of revision, were pleased to express a desire that he would furnish them his reasons in support of the bill, and in compliance with this desire, his argument was made. Q. Do you know that the churchmen in New- York have ap- plied to have the law of 1814 repealed, in 1846, or at other times'? A. I have reason to believe that from 1814 to 1846, no such application was made, a period of thirty-two years. In 1846 and 1847, the Rev. Thomas H. Taylor, Rev. Dr. Anthon, Rev. Jesse Pound, the Hon. Luther Bradish, Robert B. Minturn, Esq., Frederick S. Winston, Esq., Stewart Brown, Esq., John De Wolf, Esq., Stephen Cambreling, Esq., did unite with others, in an ap- plication to the Legislature to repeal the act of 1814. Q. Were the church mortgages, as they are called, reported as capital in your report of 1854 ? A. They were reported as church mortgages on which no interest was collected. If they had not been reported as property, it might have been difficult to protect the churches for whose benefit they were taken. Q Why then should they not have been reported in 1856 ? A. They having been reported once, it would answer that pur- pose, and they were not asked for. Q. You say in your report, on page 8, that you have endea- vored to show the condition of the capital of Trinity church, and have omitted to mention these mortgages. What is your explanation of this ? A.I do not consider these mortgages any portion of the available capital of Trinity church. Q. I ask you, if they are not capital ? A. I answer that that is a matter of opinion; I think not. Q. Was not one of the reasons for refusing aid to St. Matthew's church alleged to be, that her language was not respectful 1 A. No sir, not that I have heard of, No. 95.] 129 Q. Was not the language of the application, considered by the vestry, imperative, and spoken of as being so ? I think it was. Q. Is not the real estate of Trinity church worth more now than at any former period ? A. I think it is. Q. What is the character of the improvements on most of the leased property of Trinity church? A. The property in the lower part of the city is very well improved; some of the local- ities in the upper part are well improved, and others indiffer- ently so. This depends very much upon the situation. Q. Are not most of the buildings in the upper part of the city very poor and inferior? A. Many of the buildings were erected a long time ago, and do not compare favorably with such as are now built. Q. You spoke of three churches from which stipends were taken away altogether; are not all three such as are called " low" churches? A. Stipends were given by the corporation of Tri- nity church, with the intention of providing for, or contributing towards the salary of the minister; and in all cases where the congregations are sufficiently wealthy to provide liberally for their rectors, the vestry of Trinity church has considered it a duty to withdraw the stipends, without reference to the party character of the congregations, or rector. The three churches named in the question, are supposed to belong to what is called the " low" church party. Adjourned to 10 A. M., to-morrow. Tuesday, Feb. 24, 1857. Present — The Senate committee, Messrs. Spencer Noxon, and Ramsey. Counsel as before. This meeting of the committee was mainly devoted to making such verbal alterations in the testimony as had been deemed necessary by the counsel for Trinity Church to fully present the [Senate, No. 95. j 9 130 [Senate meaning of the several witnesses testifying. The several altera- tions were assented to by the committee. Wednesday, February 25. Richard H. Ogden called and sworn : Q. Are you the clerk of the vestry of Trinity Church ? A. Yes, sir. Q. Have you made search for the poll list of voters at the vestry elections held prior to 1814 ? A. I have made search and cannot find any. I have no means of ascertaining whether they were preserved at as early a date as that. By the committee : Q. Have you made search since 1814 ? A. I have. Q. Do you find any lists on file? A. None prior to 1846. William S. Be Zeng, called and sworn : Q. As agent of Trinity Church, did you apply to the commit- tee, in the city of New- York, for a copy of the testimony taken by them, after the testimony was closed? A. I was requested by Mr. Dunscomb, the Comptroller, to apply for a copy about the time the committee were done taking testimo- ny. After the request was made, I saw both Mr. Noxon and Mr. Ramsey, and asked them for a copy of the testimony. They said there was no objection to our having a copy. I then went to the clerk of the committee and asked him if he would furnish a copy, we paying for it. He declined; said he could not do it without the authority of Mr. Spencer. I then saw Mr. Spencer, and Mr. Spencer said he could not authorise it, and thought it would be improper'until the committee should make a report. I told Mr. Spencer if a copy could be made we would pay for it. \ The counsel for Trinity Church here produced an affidavit of service of a subpcena to appear and testify, upon the Rev. Thos. H. Taylor, D. D., Rev. Henry Anthon, D. D., Luther Bradish, and Stewart Brown, on the 9th day of February, instant, and that they failed to appear. No. 95.J 131 Counsel for church here closed. The chairman of the committee presented the following let- ters from persons who had been subpoenaed, but had failed to attend : New-York, Feb. 10, 1857. To the Hon. Mark Spencer, James Noxon and J. H. Ramsey, Committee, #c, Albany. Sirs, — At 5 o'clock this evening, I received your summons in the matter of Trinity Church, requiring me to attend before you on the 12th day of Feb. inst., at 9 o'clock a.m., at the rooms of the committee in the Capitol in the city of Albany, to testify and give evidence before you in relation to the matters referred to you. While I entertain the highest respect for your committee, and for the authority by which you act, yet in the^present condition of the communications between this city and Albany, the inclemency of the season, my advanced age, and the state of my health, which is not good, a compliance with the requirements of your summons would be extremely difficult, if not quite imprac- ticable. I trust, therefore, that it may not be deemed, under the circumstances, an unreasonable indulgence, w r hen I respect- fully ask to be excused from a personal attendance before your committee ; and in lieu thereof to be permitted to answer on paper any cross or explanatory interrogatories which any party interested may desire to put to me. This I shall cheerfully do, even although it may involve a greater labor than a personal examination under the circumstances would do. Under present circumstances were I, at every inconvenience and risk, to attempt a compliance with the requirement of your summons, it would be impossible for me to attend before you in person at the time indicated by you. 1 venture, therefore, respectfully but confidently to hope that the indulgence I ask in this case maybe accorded by the committee, In which hope I remain, sirs, with the highest respect, Your obedient servant, L. BRADISH, 132 [Senate New- York, Feb. llfA, 1857. Hon. Mark Spencer: Dear Sir — I received yesterday afternoon a summons to attend before the committee, of which you are the chairman, on the 12th inst., to give evidence in relation to the matter of Trinity Church. Having but just been relieved from a severe cold, I feel a great reluctance, especially at this season, and in the present state of the roads, to encounter the fatigue and exposure of a journey to Albany. I beg leave, therefore, respectfully to place my case before your committee, in the hope that they will excuse me from attending; and I do so with the less hestitation, as my evidence was given in full when the committee were in session in this city. Most respectfully yours, H. ANTHON. 804 Broadway, New- York, ) February 16, 1857. \ Hon. Mark Spencer, Chairman, ftc % : My Dear Sir — Absence from home, and a pressure of unavoid- able engagements, have prevented me from making an earlier acknowledgment of the receipt of a summons from the special committee of the Senate, in the matter of Trinity Church, requir- ing me to attend and give evidence before the committee on the 12th inst. With the most perfect respect for the committee, and with an earnest desire to meet all their requirements, it was yet entirely out of my power to attend at Albany as a witness at the time specified. While I thus freely and sincerely express my respect for your committee, and my regret at not being permitted to aid them as I best could in their important labors, yet you must permit me to say, Mr. Chairman, that none of this respect, and nothing of this regret is intended by me, to extend to any hired agents of Trinity, at whose instance, as I take it, the summons now be- fore me was issued. During the meetings of your committee in this city every opportunity was afforded to the corporation of Trinity Church, either to summon witnesses or to propose cross-interrogatories to No. 95.] 133 every witness before your committee ; and if in their supercili- ousness or reckless negligence they did not avail themselves of their privilege, the consequences must rest upon themselves. The vexatious course they are now pursuing, of attempting to drag gentlemen from their business and their homes at this in- clement season of the year, from whom they well know that they cannot obtain one word of evidence in any way useful to Trinity Church, has no other earthly object than to gain time, and thus to defeat by postponing one of the most salutary mea- sures of reform that has ever claimed the attention of the Legis- lature of the State. With my renewed assurance of the most perfect respect for your committee, permit me to subscribe myself, Mr. Chairman, Your friend and obedient servant, Very truly, THOMAS HOUSE TAYLOR, Rector of Grace Church in the city of New- York. The following letter was presented by the counsel for Trinity corporation, and ordered filed with those previously received. u New- York, February 24, 1857. Wm. E. Dunscomb, Esq. Dear Sir. — I have received your note of yesterday, asking me again to go up to Albany. For myself I cannot see its impor- tance ; and with reference to my answer that I ' have been on a committee to examine the annual report, and examination of the accounts of the comptroller ; they have access to all the books referred to in the annual report, and such only. 5 Ou r committee at this examination called on Mr. Rogers, the clerk, for the books and vouchers, who furnished the same and no others, because no others were called for by the committee ; and that is what I mean by ' and such only.' And by going to Albany I could give no other explanation, and to my mind no other one is required. Did I suppose that I could be of any use to the committee by going up to Albany, I would try to go up, yet, as I wrote Mr. Ogden, it would be at not a little personal incon- venience ; and, therefore, hope that you will excuse me, and oblige Very truly yours, CYRUS CURTISS .» Adjourned to 10 A. M., Saturday morning. ERRATA. Tt should have been stated in the minutes, page 1. and in subsequent places, that 'Jou- verneur M. Ogden, Esq., attended as one of the counsel for Trinity Church. In testimony of Dr. Haight : Page 14, line 2, instead of "4,000 to 4,500," read "40,000 to 50,000." In Bishop Potter's testimony : Page 24, line 12, instead of "when" read "where." " 25, " 3, for "managed" read "management of the;" and on " " 5, for "my parish" read "any parish." " 27, " 21, for "intend" read "intended." " 48, " 27, for "sustain" read "establish." " 50," 3, for "practicable" read "practical." In Rev. Jesse Pound's testimony : Page 30, line 22, and 24, and on page 32, line 21, for "Eastman" read "Eastburn" and on " 31, " 2, read "Shimeal." In Dr. Berrian's testimony : Page 39, line 9, for "grants" tead "grant." In Bishop De Lancey's testimony : Page 82, line 22, for "expectant" read "expectants." and in " 24 and 25, for "practically unacquainted" read "partially acquainted." " 83, " 25, for "dispersing" read "dispensing." In Mr. Wm. Moore's testimony : Page 84, line 21, for "De Rhau" read "De Rham." In Mr. Verplanck's testimony: Page 91, 5th line from bottom, instead of "attempted", &c. f read "have been tempted to enlarge or vary their plans." Page 92, 12th line, for "Linsley" read "himself." " 95, 7th " from bottom, for "receives" read "received." "95, 4th te " " for "granted" read "leased." "98, 2d " from top, for "regarded" read "requested." In Gen. Dix's testimony : Page 101, line 13, after the word "times" insert a comma instead of a period. " 108, " 14, instead of "receipts and expenditures" read "deficiency." " 15, instead of "were" substitute "was." " 120, " 6, instead of "increase" read "measure." In Mr. John R. Livingston's testimony: Pag« 126, line 17, for "Shingler" read "Spingler." ADDITIONAL ERRATA. In the testimony of John R. Livingston, page 127, after line 14, insert the following question and answer, which have been omitted : Q State whether grants have been made in a spirit of partia- lity or partizanship 1 A. I answer unqualifiedly no, on behalf of myself and asso ciates.