COLUMBIA LIBRARIES OFFSITE AVERY FINE ARTS RESTRICTED lllllllill AR01 400797 REPORTS OF THE SELECT COMMITTEE OF THE SENATE ON THE AFFAIRS OF TRINITY CHURCH, WITH THE TESTIMONY RELATIVE THERETO. ALBANY: VAN BENTHUYSBN, PRINTER, 407 BROADWAY. 1857. Digitized by the Internet Archive in 2013 http://archive.org/details/reportsofselectcOOnewy_0 EEPORTS OF THE SELECT COMMITTEE OF THE SENATE ON THE AFFAIRS OF TRINITY CHURCH, WITH THE TESTIMONY RELATIIE THERETO. ALBANY: VAN BENTHUYSEX, PRINTER, 407 BROADWAY. 1857. OSf^^^2^^ A OKU FIRST REPORT. Mr. Spencer, from the select committee to wMcli was referred the report of the Vestry of Trinity church, in the city of New- York, in reply to the resolutions of the Senate, passed April 13, 1855, and who were subsequently authorized ^' to examine into the matters connected therewith, during the recess," submitted the following REPORT: That they met in the city of New- York, on Tuesday, the 2d of December, and sat during that day and the 3d, 4th and 19th and 20th days of the same month. Three days before, notice thereof (marked C in the appendix to the evidence) was given in writing to the Vestry of Trinity church, informing them of the time and place of meeting, and offering them the opportunity of presenting then, or at any time during the session of the committee, any statement or explana- tion in regard to any of the matters referred to it, which they might desire to present. On the first day a communication (marked D) was received from the comptroller of Trinity church, acknowledging the receipt of the notice, and adding that if your committee would com.municate to him, for the vestry, what 4 REPORT OF SELECT COMMITTEE statement or explanation was wanted in regard to any of the matters contained in the report, he would feel it his duty to sub- mit the same, and doubted not that the vestry would cheerfully and promptly furnish the requisite statement or explanation. Your committee thereupon immediately addressed another note to the vestry (marked E,) desiring the names of the corporators, entitled to vote and voting, as required under the first resolu tion of inquiry; also whether there were any additional mort- gages or securities beside those set forth in their last repart to the Senate, and if so, the full particulars concerning them;, and also, the real value of each lot or parcel of land owned by the corporation, irrespective of the leases thereon. A reply to this note not baring been recived o-n the 4th of December, a subpce^na was served upon the comptroller, who appeared before your committee and testified j and a copy of his testimony, as given in the subjoined evidence ^ was made out and sent to him at his request.. On the 19th of December a reply (marked J) was leceivedfrom the corporation, which not only touches upon the matters re- quested, but also furnishes additional information bearing upon new and unexpected points^ opened during the examination of the comptroller. This communication is stated by the corpora- tion to be supplemental to their report^ presented to the Senate on the 20th of February ^ 1856, and it will therefore be referred to throughout this report ^ as the supplement. Your committee have had before them between thirty and forty witnesses, all of the highest respectability and most reliable character. Except those testifying merely to the value and prices of property, all these witnesses are members of the Protestant Episcopal Churchy and known for their high standing in that communion. Eleven are clergymen, and three of them assistant ministers of Trinity Church. Four of the vestry (including one formerly a vestryman) appeared before us, only one of whom declined to be sworn. This declining was the more regretted, because that vestryman, being a member of the standing com- mittee — which appears, from the evidence, to possess nearly all the reliable knowledge of the aSairs of the corporation — it was ON AFFAIRS OF TRINITY CHURCH, ^ 5 hoped that his testimony would furnish explanations of no small importance to the vestry. In condensing the large mass of information laid before them, your committee will first consider the fiv'e original resolutions of inquiry, separately ; passing on thence to the additional matter introduced into their report by the vestry, beyond the limited inforniation requested, and including also, by order of the Sen- ate, the still more voluminous matters connected therewith," the consideration of which has thus been necessarily involved by the " more complete," expedient " and " satisfactory " ex- pansion given, of their own accord, by the vestry, to their report. First Resolution^ " Resolved^ That the Vestry of Trinity Church in the city of New- York be and they are hereby required to report to the Sen- ate of this State, on or before the seventh day of January next, the number and the names of the persons entitled, under an act to alter the name of the corporation of Trinity Church in New- York, and for other purposes, passed January 25th, 1814, to vote at the annual elections for church-wardens and vestrymen of the present corporation of Trinity Church, specifying those who vote as communicants, and those who vote as pew-holders in the said church, and the names of the persons so entitled, who did actu- ally vote at each of the three last annual elections held for the choice of church- wardens and vestrymen of said corporation." In their report to the Senate, the corporation gave the number of the persons thus entitled to vote, as 305, of whom 92 are communicants, and 213 are pew-holders. It also gave the num- ber of corporators voting at the annual election, not only for the three years requested, but for ten years past. But the report gave no names, Tlie supplement states that the corporation then designedly refrained from giving the names," supposing " that the names of such persons could not be material, because the vestry were not aware that the liberty to inspect a list of such names had ever been refused to any corporator," and ''because the vestry believed that the Honorable Senate, upon receiving the report^ would not. 6 REPORT OF SELECT COMMITTEE at least without evidence of such refusal, exert its authority for the enforcement of a mere private right." The evidence shows that two of the assistant ministers of the parish " have made several efforts to obtain such a list unsuccess- fully that the list is kept " in the joint charge of the comptrol- ler and rector that one who has been a vestryman for six years has seen only "one list of the corporators, which was kept by Dr„ Berrian at an election;" that another, who had been a vestryman for ten years, had "never seen a list of the corporators 5" and, he added, that "the vestrymen were not allowed to see it,, that he knew of;" and also that the comptroller himself, as appears in his evidence, though "presuming" that the names were in his office, promised to furnish a copy of them to your committee, only in case he was authorized to do so by 'Hhe committee of the vestry." The vestry, however, not considering their objections to giving the names as " of sufficient importance to induce them to with- hold making answer," they supply the omitted lists of names, w^hich will be found in Schedule A, appended to the supplement. ''These lists," the vestry add, "are believed to be accurate " They state in the repoit that those who have removed too far from the parish church and chapels to continue to worship therein, are "of course, not enumerated among the corporators, because they aie not entitled to vote." It must, therefore, be an oversight, that among the names contained in these lists "believed to be accu- rate," there are those of persons who have removed from the city, and also of others who have long been dead — some of them for years. In regard to the fewness of the corporators entitled to vote for the managers of this large property, the vestry, in their report, set forth the probability of an increase, from the late increase of paro- chial work. They added : "A like increase may also be expected from the persons worshiping in the new Trinity Chapel, lately erected, who for the space of one year shall have been members of the congregation of that chapel. This new chapel was prin- cipally built for the accommodation of the parishioners and their families who had been a long time in the parish, but had removed too far from the parish church and chapels to continue to worship ON AFFAIRS OF TRINITY CHURCH. 7 therein ; and thus, by inducing their return, to increase the num- ber of our constituency.'' Although thus representing that this new chapel was principally built with a view to increase the number of corporators, it appears from the printed form of lease given for pews the first year, that the said leases ran " for the term commencing on the firsi Sunday after Easter, and continuing to and including Easter-day in the next year, and no longer.*' Thus, though a man might be a pew-holder all the Sundays in the year, he would not be a pew-holder (and consequently not a corporator) on the day, (Easter Tuesday,) when the annual elec- tion was held, since his lease expired just two days previous, and would not recommence until four days after. And to make this still more evident, each lease expressly stated in the printed " schedule," which forms part of the document, that " The above agreement, or the occupation of a seat, does not give to any person the rights and privileges of a corporator." Nor was this meant to apply only until such persons had ^' for the space of one year been members of the congregation of that chapel," as would seem to be stated in the report ; for, on the back of that same form of lease there are printed blank receipts for the pew-rent for the three subsequent years also, each embodying the same phraseol- ogy ; thus showing that the exclusion from the rights and pri- vileges of a corporator was intended to continue for four years at the least. It appears also, from the evidence of a vestryman, that this was so done in order " to preclude the creation of a corporator ;" and, as another witness testifies, this original ar- rangement was an ordinance of the vestry, interfering in some respects with the privilege of voting which was subsequently rescinded. This rescinding is stated to have taken place in the April after the report of the vestry was presented to the Senate. It appears, too, that at one time, notwithstanding objection made on the ground that it was an " obstacle to voting," which was " contrary to the law," the vestry required that all corpora- tors desiring to vote " should give previous written notice of such desire to the rector." Second Rtsoluiion. Resolved, That the said vestry be and they are hereby directed to report to the Senate of this State, on or before the seventh day 8 REPORT OF SELECT COMMITTEE of January next, the amount of money expended by said corpo- ration in building or in aiding and assisting to build free churches in the destitute portions of the parish of Trinity Church, as ori- ginally constituted and declared, and the names of such churches, with the amount expended upon each; also the number and names of the churches in the city of New- York, built, in whole or in part, by the said corporation within the last five years, and the amount expended on each; the number and names of the Protestant Episcopal churches, situated in the city of New- York, in leeble and necessitous circumstances, which have been aided and assisted by the said corporation within the last five years, and the amount of such aid and assistance, afforded annually or otherwise, to each; also the number and names of the churches in the city of New- York, endowed by the said corporation within the last five years, and the amount of such endowment in each case. As to free churches, it does not appear from her report that Trinity has ever built any. The report mentions grants of money and land, before the year 1814, to St. Michael's and St. James' Churches. Of the grants since that time there appear only $14,000 to aid in building and rebuilding the Church of the Nativity, and $1,600 towards building or enlarging free churches; of all which $1,100 has been paid within the last five years. In the report^ by going back beyond the five years to the year 1847, the amount of $63,850.79 is set down as having been paid at different times for the Church of the Holy Evangelist (now occupying the old St. George's, Beekman-street.) Of this sum $25,000 appears to have been, not a payment of any kind, but only a vote of the vestry empowering^ St. George's, Stuyvesant square, to sell the lots formerly given by Trinity corporation, which vote of the vestry is estimated, by Trinity, to be worth $25,000 to St. George's, Stuyvesant square, and is therefore set down as so much paid for St. George's, Beekman street. As to " the churches in the city of New- York, built in whole or part " by Trinity corporation, " within the last five years, and the ON AFFAIRS OF TRINITY CHURCH. amount expended in each," it does not appear from her report that there is any such church, except the new Trinity chapel, built for Trinity parish itself, at the cost of |227,164.82. Of Protestant Episcopal churches, not free, situated in the city of New- York, in feeble and necessitous circumstances, which have been aided and assisted by the said corporation within the last five years, the report gives a list of nineteen. All the sums thus given are stated to be *'for the support" of the said churches, no mention being made of building, enlarging or endowing; and the total of all for the five years last past is $58,418, of which nearly one half (26,800) was given to the church of the Annunciation alone. Of churches in the city of New-York endowed by the said corporation within the last five years," it does not appear from the report y or otherwise, that there is one. Third Resolution. " Resolved^ That the said vestry be and are hereby required to report to the Senate of this State, on or before the seventh day of January next, 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.'' The report shows the gift of five plots in Trinity cemetry, one to Christ Church, and one each to the Orphan Asylum, the Society for the Relief of Aged and Indigent Females, the Mutual Benefit Society and the Orphans' Home, The report adds that "no oth- er appropriations" besides these have been made during the last three years to "institutions of charity, benevolence and learning, in the city of New- York." 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. Fourth Resolution, " Resolved^ That the said vestry be and they are hereby directed to report to the Senate of this State, within the first 10 REPORT OF SELECT COMMITTEE week of January next, the estimated value of each lot and par- cel of land owned by the said corporation in the city of New- Yorkj irrespective of the leases thereon." This resolution asks for the estimated value, irrespective of the leases The report^ however, is based wholly on the value assessed for taxation, which is notoriously less than the market value. From that assessed value, the vestry abstracted the value of the buildings as " estimated" by their own agents sent round for that purpose (these buildings being the property of the tenants). The residue was then still further reduced by making deductions for the length of time the existing leases have to run ; and the result is set down as the " present net value" to the church. The total " present value" of all the real estate is thus reckoned in the report to be $1,446,371.71. In their note to the vestry, your committee requested a state- ment of the real value of each lot or parcel of land, in accord- ance with the evident intention of the resolution. To this the vestry, through their comptroller, reply in the supplement that " they are unable to give any further answer on this point than th ^t contained in their report. " Statements upon such ques- tions" they consider to be " mere matters ot opinion." They say they " are unable to agree upon any estimate of their own; nor do they think it right that they should discredit an official valua- tion of their real estate, upon the basis of which the tenants are bound to pay the taxes and assessments." Thus failing to procure from the vestry any thing resting on a more reliable basis than the assessed values, your committee received such evidence as they could obtain concerning the prices paid to Trinity Church on new valuations for fresh leases, or on actual sales, of lots which are valued in the report, — such valuations and sales being at or near the time when that report was laid before the Senate. The " present value" of No. 251 Broadway is estimated in the report to be $12,081 .56. Mr. Jasper Grosvenor, the holder of the lease, testifies that he offered them $40,000 for the reversion of that lot (the lease having sixteen years to run), which they refused. He paid them $10,000 for a stipulation to renew the lease, at its ON AFFAIRS OF TRINITY CHURCH. 11 expiratioD, for another term of twenty-one years, upon the usual terms. The ''present value" of No. 136, 138, 140 and 142, Chambers- street is estimated in the report at $28,827.40. In December, about two months before the date of the report^ the corporation itself, in a negotiation with the Hudson River Railroad Company, is proved to have fixed upon these same lots the valuation of $100,000 — the ground rent upon which sum the Hudson River Railroad Company agreed to pay. The " present value " of No. 275 Greenwich-street, is estimated in the report at $6,840.40. At actual sale. Trinity corporation is proved to have received for it from James H. Noe, a few days before the date of the report, the sum of $20,000. The present value of Nos. 283 and 285 Hudson-street, is estimated in the report at $1,964.44. Actual sale to Joseph Tucker, as he testifies, about two months after the report was presented, realized to the church $20,000. It is shown that there was no change of any consequence in the value of that property during the six months previous. The present value of No. 525 Greenwich-street, is estimated in the report at SI ,375.10 . Actual sale to Matthias Clark, about a week after the report was read, it proved to have brought the church $6,000. It is testified that there was no variation in value of any consequence during the six months previous. The aggregate net value of the following nine lots, Nos. 205> and 207 Fulton street, 36 and 48 Vesey street, 13 and 15 Barclay street, 83 Murray street, and 18 and 44 Warren street, is given in the report as $105,875. It appears in the evidence that, pre- vious to the date of the report, these same nine lots had been leased by the corporation, on an aggregate valuation of $209,000. Besides these cases of actual sale or leasing on new valuation^ by Trinity corporation itself, estimates of the whole landed estate of the corporation have been laid before your committee, made under oath by four men represented to be of eminent ability and long experience. The two highest for the whole estate are by REPORT OF SELECT COMMITTEE Abner L, Ely and John M, Dodd, and tliougli independently made, yet almost exactly. coincide in the aggregate. Mr. Ely is the agent for the Langdon branch of the Astor family, and is employed or consulted by insurance offices to make valuations for loans an real estate, as indeed are also the oth^r three. Mr. Ely's valuation for the whole is $6,103,500, Mr. Bodd's $6,087,- 050~a difference of only $16,450; Mr. Ritch's is $5,431,520; the extreme difference between the estimates of these appraisers being only $671,980 in the aggregate. Messrs. Ely, Bodd and Ritch, on inquiry, all testify their willingness to purchase at their valuations. These valuations, moreover, are made for the ground alone, so that no deduction is required on account of buildings which are the property of tenants. The estimate of Mr. Aldrich is only partial, being for the down town lots alone, and differing but little from that of Mr. Ely. It is not here taken into the account. Two very considerable items of property are to be added to those stated in the report. The first is, the bonds and mortgages which Trinity corporation has required from churches to which she has made appropriations, which bonds are drawn bearing interest from the date of the grant. These mortgages now amount to $319,525.15, principal; and the interest, computed up to January 1st, 1857, would amount to $252,427.71 additional; or $571,952.89 in all. These mortgages were omitted from the report J say the vestry, because they were not productive of income. " They are in reality only held," says the mppliment^ " to secure to the permanent use of the Protestant Episcopal Church of the United States, the church buildings and property upon the security of which, this body has loaned money to other church corporations, for their aid and support. The vestry be- lieve that no measures have been taken to foreclose any of such mortgages, or to collect interest upon them;" and the comp- troller, Mr. Dunscomb, in his testimony, says : " Like other mortgages, there is a power to loreclose them, but we never take measures to collect them, — never have exercised the power." And yet the corporation has not only the legal power to compel payment, but that power appears to have been exercised more than once. From the report itself it appears that these mort- ON AFFAIRS OF TRINITY CHURCH. 13 gages do not suffice to "secure to the permanent use of the Pro- testant Episcopal Church" the buildings and poperty thus mort- gaged j for the Vande water street Church was sold, and Trinity corporation appropriated the proceeds in partial repayment of her advances. From a report of the corporation to the House of As- sembly, in 1854, it appears also that premises of the Protestant Episcopal City Mission Society, thus mortgaged, were afterwards sold, and Trinity repaid herself to the amount of $8,720.51, prin- cipal, and Slj420 interest. Also in the testimony it will be seen that. In regard to St. Peter's Church, New-York, the corporation was tenacious of its legal rights both as to principal and interest^ and refused to waive them, even for the benefit of a deeply em- barrassed parish. Your committee do not find^ from the ^he- dule B of these mortgages (attached to the supplement^) that the interest accruing on these bonds has ever been remitted on re- newing the mortgage, except in one instance. In some cases the interest now amounts to more than the principal. As these mortgages are therefore fully legal and valid, and may at any time be foreclosed, and are likely to be satisfied out of the pro- ceeds of every such church in case of a sale, it seems but right to your committee that they should not be altogether omitted in a statement of the property of the corporation. Another item, never heretofore inserted in any report made by Trinity Church, is her interest in St. John's-square. This is stated in the supplement to have been "an inadvertent omission." At the time of making the report^ "it was not remembered that the corporation retained any beneficial property in the square which might, under certain contingencies, prove of large value. Circumstances during the past season having, however, brought this beneficial property to the remembrance of the vestry, that body, after much discussion, fixed upon the sum of $400,000 as that for which they would sell the interest in St. John's-square. That amount ought, therefore, to be added to the total of the property of the corporation. It appears from the supplement that of the $199,469.41 of productive mortgages, mentioned in the report, $31,300 have been paid in, and $59,000 of new productive mortgages have been 14 REPORT OF SELECT COMMITTEE added since the report was made. The present amount of this item is therefore |227,169.41. The report^ after stating the net value of the land in 1855 makes a further reduction by reason of the yet unexpired leases. The total amount of reductions on this account is . $1,222,338. 29. Supposing the same amount of deduction to be made from the estimates laid before your committee, and that the amount of the debt and the cash in bank remained unchanged, the true sum- mary of the property of the corporation will then appear ,compared with that in the report as follows : IN THE REPORT. Real estate, |1,446,S71 71 Bonds and mortgages, 199,469 41 €ash in bank at the end of the last financial year, 19,399 46 ^1,665,240 58 Deducting the debt, , 648,913 00 Shows the whole net value to be, $1,016,327 58 AS PROVED TO YOUR COMMITTEE. Keal estate (average of the estimates of Messrs. Ely, Dodd and Ritch, omitting altogether that of Mr. Aldrich,) |5,874,023 00 Productive bonds and mortgages, 227,169 41 Church bonds and mortgages, with interest to January 1st, 1857, 571,952 89 St. John's-square, 400,000 00 Cash in bank, 19,399 46 $7,092,544 76 D^-duct on account of leases yet to run (as estima- ted in the report itself,) $1,222,338 29 Debt, 648,913 00 1,871,251 29 Net total present value, $5,221,293 47 More than five times the net total given in the report. ON AFFAIRS OF TRINITY CHURCH. 15 Or, if the church bonds and the beneficial interest in St. John's- square be deducted, as depending on uncertain or improbable coLtingencies for their actual realization, the net total of the present productive estate of Trinity corporation will still be $4, 249,340.58, which is more than four times the net total given in the report. Fifth Resolution. " Resolved^ also. That said vestry report to the Senate of this State, in the first week of January next, a statement of the num- ber of lots belonging to said corporation, the leases of which have expired within the five years ending on the first of Novem ber, 1855, and whether said lots have been relet or have been sold." It appears from the report that, during the five years last past, forty-seven lots have been relet, and one hundred and thirteen have been sold. The testimony is uniform and strong to the effect that large masses of leasehold property eventually became inferior in char- acter to property held in fee. The improvements on the lease- hold property of Trinity corporation are generally cheap and poor, being mostly the worst in the neighborhood. Below Du- ane street, however, the improvements are good. Thus far the original resolutions of inquiry. In her report^ however, Trinity Church has not confined herself to merely giving the information thus requested, but has volun- tarily communicated a large amount of information besides, con- cerning her grants to the country churches as well as in the city, and from the year 1748 to the present time ; in order as the re- port expresses it, to " lead to a just estimate of the unvarying policy, govei;ned by which this corporation has from an early day continually dispensed abroad the property with which it was endowed." This opens a wide field; but under the instruction of the Sen- ate to your committee to examine not only into the report itself, but also into ''the matters connected therewith," it is afield into which it is thus made the duty ot your committee to follow, in 16 REPORT OF SELECT COMMITTEE order to reach, — what the vestry desire to set forth, — " a just estimate" of the policy of the corporation. Tor this purpose, your committee condense as briefly as possible the full amount of information embodied in the evidence. In 1697 the site ot the parish church at the head of Wall street was given by the English crown for " the use and behalf of the inhabitants from time to time inhabiting and to inhabit within our said city of New-York, in communion of our said Protestant Church of England, as now established by our laws." The act of incorporation in the same year made the corpora- tion to consist of the rector, '^together with all the inhabitants from time to time inhabiting and to inhabit our said city of New- York, and in communion of our aforesaid Protestant Church of England, as now established by our laws;" and the legal ti- tle of the corporation was therefore declared to be : The rec- tor and inhabitants of our said city of New-York in communion of our Protestant Church of England, as now established by our laws." The act of the Colonial Legislature of 1704 confirms the essen- tial powers of the incorporation by the same title, adding the words "and their successors." The royal grant of what is commonly called the king's farm, (forming the bulk of the great estate of Trinity Church,) was made to the above incorporated parish, under the above corporate name, in the year 1705. The Legislature of New-York in 1784 confirmed all the origiral powers of the corporation without altering the corporate name, which, however, in 1788, was altered so as to substitute the " Protestant Episcopal Church in the State of New-York," for the " Protestant Church of England ;" and no further legislative action took effect until the year 1814. The estate of Trinity Church originally consisted, according to the report^ of 2,068 lots, of which, since the year :?.748, 318 lots have been given away — 691 remain, and 1059, as is inferred, have been sold, yet, owing to the rapid rise of property in the ON AFFAIRS OF TRINITY CHURCH. 17 city of New- York, the value of the 691 lots remaining is many times greater than was originally that of the whole estate. Previous to the year 1814, it appears that the policy of the corporation was very liberal in making grants of land A. large landed endowment was given to King's (now Columbia) college and to Trinity school — institutions of learning in connection with the Protestant Episcopal church, as well as for several other public purposes. In regard to churches, the policy was clear and well defined. Within the fifteen years before 1814, Trinity had herself built and set off, as separate parishes with a competent endowment, three churches — St. Mark's, Grace and St. George's — besides giving several lots each to every one of the other churches then existing in the city as well as to a number of other clmrches out of the city of New- York. With this policy of landed endowments, and of building and setting off independent parishes, thus firmly established aud thus vigorously and liberally carried out, doubts were nevertheless entertained by some, whether it were a course which the cor- poration had legal power to pursue. Application was therefore made, by Trinity, for the law of 1814 — a law which makes a striking change in the title of the corporation, in the number of the corporators, and in the policy of the vestry. That law was asked for, on the part of Trinity^ on several grounds. As there were now other rectors and other incorpo- rated churches in the city, it was considered proper to change the title from The Rector and inhabitants of the city of New- York in communion of the Protestant Episcopal Church in the State of New- York," to " The Rector, Church-wardens and Ves- trymen of Trinity Church in the City of New-York." As the members of the other parishes had the right of voting for their own wardens and vestrymen, it was desired that they should be excluded from the right to vote for the church-war- dens and vestrymen who should administer the great church estate. To this exclusion, the parishes then in existence (though not all the members of them) were at that time willing to sub- 2 18 REPORT OF SELECT COMMITTEE mit, inasmuch as tliey had all, " without any exception, received liberal donations of real and personal estates from the corpora- tion of Trinity Church," and yet, so strong was the feeling that all " the inhabitants of the city of New- York, in commun- ion of the Protestant Episcopal Church," had a chartered inter- est in that estate, that the very law, which excludes all from voting except members ot Trinity parish, ends with the proviso : " Provided always, that nothing in this act contained shall be construed to affect or defeat the right of any person or persons, or of any body corporate, to the estate, real or personal, now held, occupied or enjoyed by the corporation of Trinity Church :" a provisio which proves the right to exist, while nevertheless it is made an empty abstraction by the previous exclusion from the right to vote, by which alone the right of properJ;y could be enforced. The III, IV and V sections of that law, forming the most voluminous and prominent part of it, are wholly devoted to the confirming of the past, and giving increased powers for the future carrying out the then well-established policy of the cor- poration, in promoting the growth of the church, by building, setting off, and endowing new churches with landed property enough to make them independent. Section III therefore de- clares valid all such grants and conveyances heretofore made, or that hereafter may be made. Section IV confirms the validity of the setting-off of St. George's Chapel, recognizing its full right to the endow^ment it had received from Trinity, as w^ell as the consequent exclusion of its members from any further right to vote for church- wardens and vestrymen in Trinity parish. Section V provides for the future further subdivision of Trinity parish, dividing the congregation or corporators, by setting apart, as a separate church, any of the churches or chapels belonging to the parish (with the consent of those to be set off), and, after incorporation, gives such new parish full power to receive from Trinity " any grant, conveyance or gift of any chapel, or other real or personal estate for its separate use." And as an inducement to the Legislature to pass this act of 1814, Col. Troup, who appears to have acted throughout as the ON AFFAIRS OF TRINITY CHURCH. 19 authorized agent of Trinity Church in procuring its passage, de- clared to the Council of Revision : " Judging from the past, it is morally certain that the future increase of the population of the city will strongly recommend to the corporation of Trinity Church the policy of dividing its corporators, and setting them off in separate churches, with suitable endowments, and to enable the vestry to do this in a mode free from all legal doubts, * * ^• is a fifth object of the bill." And again he says: "The bill, when passed into law, would have the happy consequence of enabling the vestry of Trinity Church from time to time, as society shall advance, to separate the churches, with the consent of their congregations, and to endow them with competent estates. No power can be more congenial than this to the spirit of our republican system. The frequent execution of the power, likewise, by breaking down the estate of Trinity Church, would allay the fears of those honest republicans who look upon large estates as nurseries of sentiments hostile to liberty, and it would calm the minds of those enthusiastic devotees who believe that religious societies, when possessing wealth,seldom employ enough of it in the heavenly work of propagating the gospel.'* Under these inducements, and because the law appeared only to embody and perfect what had notoriously been long the estab- lished policy of the corporation, the bill, passed both houses. The other parishes of the city, having received a share of " real and personal estate," were silent ; but a strong remonstrance against the law, as being unjust, was made by a number of mem- bers of the Protestant Episcopal Church in the city of New-York, and serious doubts were felt as to the constitutionality of disfranchising a majority of those who, by the charter, were entitled to a beneficial interest in the property. The Council of Revision was equally divided — three against three. One of the three who voted for it was the late Chancellor Kent, who, as appears in the evidence, afterwards became satisfied that the law was unconstitutional, and repeatedly expressed his opinion to that effect. As it was, it became a law by lapse of time, without ever receiving the approval of the Executive. 20 REPORT OF SELECT COMMITTEE The policy of parochial independence and landed endowment being thus embodied in the law, the record of the gifts and grants of the corporation will show^ us the manner in which it was carried into effect. It appears that, of the 146 lots that have been given to churches, 137 were given before 1814, and only 9 since. Of the 172 lots given to other purposes, 162 w^ere given before 1814, and only 10 since. Thus, in all of the 318 lots of land, (which is all that Trinity has ever given, from the beginning to the present day), 299 were granted before the law of 1814, and only 19 since. And for the last twenty years no land has been given at all for any purpose, except the five burial plots in the cemetery mentioned above. The policy of landed endowment, which the law of 1814 was asked for to facilitate, thus appears to have been almost immediately given up, and has now for a long time been totally abandoned. A similar contrast is found in other points. It was urged, as " morally certain," that the corporators would be divided, and chapels of Trinity set off in separate churches, with suitable en- dowments, but the corporators have never since been divided, nor has any church or chapel been set otf. The frequent execu- tion of this power," it was represented, would " break down," the estate of Trinity Church; but as it has never since been ex- ecuted at all, the estate remains unbroken. The sales of lots have, indeed, reduced the geographical area of her lands; but the rise of property has made the present residue w^orth many times as much as the whole of the original King's farm. The estate cf the corporation has therefore been steadily, and of late years very rapidly,increasing in value, instead of being " broken down." The other great object of the original policy of Trinity corpo- ration, as embodied in the law of 1814, was as has been shown, the ecouraging the formation of new and independent parishes; the endow^ment in land being, in fact, only a means to that end. Instead of land, Trinity has indeed continued to contribute to other parishes, but it has been wholly in the way of pecuniary grants, made either in specific sums or in annual appropriations ON AFFAIRS OF TRINITY CHURCH. 21 terminable at the pleasure of the vestry. And in order to obtain money to bestow in this way, more than half the original estate has been sold. The effect of this system, as appears from the evidence, has been to injure, instead of promoting the independ- ence of the parishes thus aided. The sums of money were in most cases soon spent, and were followed by an application for more. The possibility of a stopping of the annual stipend would, indeed, naturally have a tendency to produce as great a reliance upon Trinity for opinions, as for pecuniary support ; especially when it is viewed in connection with the evidence of strong par- tizanship in making the grants, which is given in such decided terms by many of the witnesses, and strongly corroborated by the striking disproportion in the grants themselves, as stated in the report. Annual allowances are now made to no less than thirty- eight parishes, amounting in all to $16,875 a year. Again : at or before the year 1834, there appears to have been developed another feature of this new policy, as bearing upon parochial independence, and this was, the regarding these money grants as loans, and, as a consequence from this, the requiring in return a bond and mortgage on the church edifice of the parish thus aided, drawing interest from date. This mortgaging with interest is represented in the supplement, as only done in order to secure such buildings to the permanent use of the church; and it is added, that the interest is never demanded or paid, nor are such mortgages ever forclosed; but it is acknowldged that the vestry has full legal power to do both« There are now sixty-six parishes incumbered with these mortgages and accumulated interest, to the gross amount of nearly $600,000, all held by Trinity church, and they can hardly be considered in any other light than as mortgages upon that very independence which it was one object of the law of 1814 to secure. Nor is even this all, for the aid of Trinity, when given as an annual appropriation or pension, or on mortgage, has been regarded, not as the administration ot a trust for the benefit of those to whom it belonged by the charter, nor yet as a loan on 22 REPORT OF SELECT COMMITTEE good securityj but rather as a pure gratuity, "a bounty,'' an act of "munificence," for wliicli due ''gratitude" was expected ever after; a mode of regarding the subject liable to interfere still further with the independence of those thus aided. The weight of this sense of obligation has been still further increased by the frequency and facility with which applications have been refused and the ungracious and wearisome reluctance with which grants are obtained when obtained at all. The result has been, that so far as the influence of Trinity has been able to make itself felt, the provisions of the law of 1814, for securing the independence of the parishes, seems to have been as completely frustrated as those intended to facilitate en- dowments in land. The increase of population in the city of New-York, it was urged by the vestry, through Col. Troup, made it "morally cer- tain" that Trinity would carry out the liberal policy embodied in that law. The population of the city has indeed increased from 105,000 in 1814 to 629,850 in 1855; but the corporators have not yet been divided, nor any church or chapel built and set off or endowed. One expensive pewed chapel has been, in- deed, lately built for Trinity parish itself in one of the weal- thiest portions of the city and in the neighborhood of several other churches. The wards inhabited mainly by the working classes, however, appear to have been almost totally neglected. In the 4th, 6th, 13th and 14th wards, with a population of 100,- 499 souls, there is not a single Episcopal church. The 8th, 11th and 16th wards, with a population of 128,626 souls, have each but one Episcopal church; and there are not in those wards missions or other arrangements of any kind for religious instruction by Episcopalians; nor does Trinity Church employ any clergyman as missionary at large anywhere throughout the whole extent of the city. One of the witnesses, a parish clergy- man, speaks of the spiritual destitution of the northwestern por- tion of the city as "awful," and tells us that a communication to Trinity vestry from responsible persons concerning a most noble proposal to remedy it, never received the slightest atten- tion that he was aware of. The increase of the city population ON AFFAIRS OF TRINITY CHURCH. 23 !ias been some 200,000 souls during the last ten years alone, and yet tho increase of church accommodation for the poor is testi- fied to be " very inconsiderable." Trinity, it appears, has never built any church for the work- ing classes, or in those parts of the city chiefly inhabited by them; nay, during the past lew years, it seems that three churches situated in districts almost wholly inhabited by the working classes, or those still more destitute, have been lost to the Episcopal church in those localities. Of these, the two down town were Zion on the Five Points, sold to the Romanists; and the old Christ church in Anthony-street, sold for secular uses; nor has any elfort yet been made by Trinity to supply their place. The third, St. Matthew's, though surrounded by landed estate of Trinity corporation, and the first free church ever founded in the city of New-York by individual liberality, has at length , after in vain laying its wants before Trinity vestry for six months, been reconveyed to the donor, and is now shut up and offered for sale : and in another case, where a clergyman, who not only serves his OAvn parish without salary, but pays largely beside towards its necessary expenses, offered to give, himself, two-thirds of the cost for a new free church and church schools, in a most destitute portion of the city, if Trinity would give the other third, the offer was left for a year and a half unnoticed ; and though renewed in a differrent shape a year ago, it has even as yet received no further attention, except to be unanimously reported against by the standing committee, to whom, of course, it was referred. It is added, that the reason given by individual members for this refusal, is the want of present pecuniary ability on the part of the vestry. Meanwhile of the few free churches which actually afford some small accommodation to the working classes, the greater part are stated to be but small, inferior buildings, and feebly supported. The new policy of Trinity corporation has therefore disappointed the authoritative representation of Colonel Troup, that it would make the Episcopal church keep pace with the increasing popu- lation of the city, as completely as it has frustrated the wise and liberal provisions for parochial independence by means of a competent endowment in land. 24 REPORT OF SELECT COMMITTEE Tlie evidence shows that another evil has arisen out of this failure on the part of Trinity Church to fulfil the pledges under which she obtained the law of 1814. The wealthy and liberal Episcopalians in the city, who give freely to other objects^ will not relieve Trinity from her responsibility, by doing her duty at their own expense; and thus little or nothing is done, and the influence of Trinity succeeds in effectually preventing that very growth to which the law of 1814 gave her new powers in order to promote. Nor does it seem that a policy so injurious to the rest of the city has been really of advantage to Trinity parish itself. Its congregations have indeed had two new churches built forthemy at a cost of over $600,000, the whole of which appears to have been paid from the corporation estate. But their own active liberality and zeal have been so far weakened, that their four congregations united do less, as is tes- tified, than some single independent congregation in the same city, with little or no endowment. And even the administra- tion of the vast and growing estate itself^ seems to be affected by the same general torpor. There is so little interest in tlie vestry elections, that in eight out of the past ten years, an average of hardly one in ten of the corporators cared to appear; and, on one occasion, only 23 persons voted for the 22 wardens and vestrymen. The same characteristic apathy appears to extend even to the action of the vestry itself, where nearly everything is left to a standing committee of six, with the comptroller and clerk; and a vestryman not a member of that particular com- mittee seems to know little or nothing of the business or state of affairs of the corporation. An annual statement of the affairs is indeed made by this committee, of late years, and is left in manu- script at the olfice for the inspection of such of the vestrymen as may wish to see it; and a committee of vestrymen, not members of the standing committee, is appointed to examine this annual statement; but in so doing, as is testified by a vestryman who has gerved on such examining committee, they are permitted to inspect only such of the books of the corporation as are referred to in the statement itself. The statement is never printed, the ON AFFAIRS OF THINITV CHUHCH. 25 vestry thinking it " not worth while and the corporatorsj of course, appear to know nothing about it. It is no wonder that, in such a state of things^ the question 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, charitable or edu- cational institutions or purposes should be answered, as it has been by every witness asked, with a decisive " No or, with a negative, half veiled in such careful qualifications as only make its meaning more pointed. And it is no wonder that the policy of the corporation and its results are, as they are testified to be, the subject of general complaint among Episcopalians. Your committee would present yet one more point of contrast between the results of the new policy and the old. The old policy gave to Columbia College its magnificent landed endow- ments ; gave to Trinity school the larger part of its rich estate ; did the same for St. Mark's, Grace, and St. George's churches 5 as also for the Society for the Promotion of Religion and Learning, which is now wealthy from its land ; and a similar result has followed the many smaller endotvments of land to other churches. All this permanent and growing good was ac- complished by giving away only 318 lots. In carrying out the other policy, 1059 lots have been sold — -more than three times as many as sufficed for all those splendid endowments put to- gether ; and the result of this alienation of more than half of the original estate has been to promote dependency, feebleness and deadness, to the degree which has been testified. Nor in a merely pecuniary point of view is it any better. For while Trinity herself estimates the present value of those 318 lots to be, to those now holding them, at least a million and a half, her own report sets down the aggregate of all the pecuniary grants and stipends paid out of the sale of the 1059 lots as only a trifle over one million (|1, 007,530.83.) And time will make the 318 yet more valuable, with each year ; while the latter is for the most part gone already, leaving only those " unproductive mortgages, on interest " behind. 26 HEPORT OF SELECT COMMITTEE It will be seen that there is no question raised in regard to the personal integrity, and no impeachment of the purity of per- sonal motive, of any member of that corporation. Your com* mittee have merely, from the evidence before them, drawn an outline of the policy of the corporation, as embodied in its own acts before and since the law" of 1814. And they find that " a just estimate of that policy is, not that it has been "unvarying," as the report claims in its behalf, but so completely changed as to be the opposite of that which it once was, and which it prom- ised to continue to be. Instead of being " unvarying," therefore, it has simply been reversed. There is one part of the law of 1814 which has not yet been referred to. It has been seen that the great majority of Episco- palians in the city of New-York, have been excluded from all vote or voice in the management of this great estate; and that no report is ever made, even to the corporators of Trinity par- ish, or the beneficiaries under the trust. It is well known that the convention of the Episcopal diocese of New-York is purely an ecclesiastical body, having no power to inquire into the management of the temporalities of any parish, and it does not appear that any knowledge of its affairs, which exists even among its own corporators, is derived except from the printed reports made to resolutions of enquiry passed by one or the other of the Houses of the Legislature. The Legislature, then, being the only body where responsibility can be clothed with practical effect, there is meaning in the following portion of the last section of the law of 1814 : ".^nd he it further enacted^ That in every case where a church or religious society, which has been or may be duly incorporated, shall have exhibited such account and inventory as is specified in the ninth section* cf the act entitled ' An act to provide for the incorporation of religious societies,' it shall not be necessary for such church or society again to exhibit any account and inventory, unless the said church or society, subsequent to such exhibition, shall have purchased or acquired any lands, tenements or hereditaments within this State, any act, law or usage to * The 10th section of the law as revised and re-enacted in 1813. ON AFFAIRS OF TRINITY CHURCH. 27 the contrary notwithstanding." Your committee suppose that it is in implied reliance upon this provision of the law of 1814 that the corporation, in its report, complains so griev- ously of your resolutions of inquiry. It does not " acknow- ledge the power of the Senate to exact such information ; " declares that such requisition "is not justified by any legal principle, and is oppressive of this corporation," and "an as- sumption of the powers of the courts." The vestry add, that they " have found the answer to these repeated requirements expensive and onerous, and believe them to be an infringement of the chartered rights of Trinity church ; " and they humbly protest against the right of the Legislature, or either branch of it, to call for reports from this vestry relative to the condition or alfairs of this corporation." The above quoted section of the law of 1814, would indeed excuse the corporation from making any additional account or inventory ; no additional pro- perty having been purchased since the report of 1854 was made. Yet reference is made in the report, to " chartered rights," but not to this law of 1814. And it is a remarkable peculiarity of the report and supplement, as well as the previous reports of 1846 and 1854, and other publications emanating from Trinity church (all of which have been consulted by your committee, as of the highest authority in behalf of the corporation), that in not one of them all is there the slightest allusion to the law of 1814, or any hint that any such law was ever passed. But though this section of that law was evidently intended to relieve the corporation from making any further report of its affairs, yet your committee are of the opinion that it can hardly bind this Legislature, w^hen the very object of the inquiry, is to ascertain whether the other provisions of that same law have been fairly carried out. And in view of the true state of facts, as now drawn forth by this inquiry, namely, that only those parts of that law have been actually put in use which conferred upon the corporation the power to reverse the policy embodied in the remainder, and thereby to sacrifice everything promised. In order to carry out the only possibility which had heen expressly dis- claimed when the law was asked for. In this state of the facts, w^hich are thus made apparent, it seems but a natural conse- 28 REPORT OF SELECT COMMITTEE quence tliat the complaint and protest of the report disappear altogether in the supplement. Your committee do not charge that, in obtaining the law of 1814 under the representations employed for that purpose, the corporation were guilty of deliberate and premeditated fraud in setting forth inducements which they never intended to realize; for there is no doubt that, both in obtaining the law and in sub- sequently altering their policy, the members of the corporation were actuated by their h .nest convictions as to what was best for the interests of the church, as they understood them; and doubtless believed that the success of the section to which the vestry belonged, and the carrying of the measures in which it was interested, was of more consequence to the ultimate good of the church, than any incidental evil resulting from the change. But thus much your committee feel bound to say, that, if there had been any such fraudulent intention to obtain power under that law, in order to defeat the very ends which it proposed to secure, your committee cannot see that it would have been necessaiy for the corporation, in that case, to alter in any respect that which has been their actual coitrse^ in order to carry out such fraudulent intention with entire success. It will be remembered that the terms of the original grant of the estate of Trinity Church stated it to be for the benefit of the inhabitants of the city of New-York in communion of the Epis- copal Church. It appears from the report that a very large aggregate of grants has been made for the benefit of churches, individuals and institutions out of the city of New-York. Yet your committee have heard no complaint of any such appropria- tion. On the contraty, all the witnesses testifying are unanimous in denying that even the wish exists, in the city, to diminish or prevent the grants made for the aid of churches in the country. The evidence shows that those who complain most deeply of the policy of the corporation in other respects, are themselves liberal with their own means in aiding the poorer churches in the rural districts; and their only regret is, not that Trinity does so much for the country, but that she does not do more, both for the country and the city out of her abundant and rapidly increasing ON AFFAIRS OF TRINITY CHURCH. 29 means; instead of holding tlie estate, in mass, for steady accu- mulation. The committee consider that their duty terminates by placing before the Senate in this report the prominent and important parts of the testimony, and in submitting the documents re- ceived during the investigation, with all the testimony they have taken; which is now respectfully submitted, for such action by the Legislature as the importance of the interests involved may be supposed to require. M. SPENCER, JAMES NOXON, J. H. RAMSEY, Select Committee. EXHIBIT C. New- York, Nov. 29, 1856. Jo the Vestry of Trinity Churchy in the City of JYew-York: Sirs. — On the 19th of February last you caused to be presen- ted, to the Senate of the State of New-York, a communication, in reply to a resolution passed by that body on the 13th of April, 1855. That communication was referred by the Senate to the undersigned, as a special committee. The Senate subsequently, by resolution, authorized the select committee, to whom had been tlius referred the said report of Trinity Church, to examine into the matters connected therewith during the recess, and to report to the next Legislature. In pursuance of such reference and authority, and in dis- charge of the duties thus devolved upon them, the committee will meet on Tuesday the 2nd day of December next, at 10 o'clock A.M., at the rooms of the committee, in the Bank of Com- merce buildings, in Nassau street, opposite the Post Office, in this city; and at the same hour and place on each succeeding day (Sundays excepted), until the said examination shall be com- pleted. Should the vestry of Trinity Church desire to present, to the committee, any statement or explanation in regard to any of the matters referred to them, the committee will aftbrd them an op- portunity of doing so, at the place above mentioned, and at any time during the said examination, that may be most agreea- ble to the vestry of Trinity Church. We are, sirs, respectfully. Your obedient servants, EXHIBIT D. Office of the Corporation of Trinity Church, ? JVo, 187 Fulton street , JYew-York, Dec. 2,1856. J To the Hon. M. Spencer ^ James Moxon and Joseph H. Ramsey^ Special Committee of the Senate: Gentlemen — I duly received your communication of the 29th ult., addressed " to the vestry of Trinity cliurch in city of New- York," saying you intended to meet this day, and on each suc- ceeding day, to examine the matters of its report to the Senate in February last, and that should the vestry desire to present to the committee any statement or explanation in regard to the matters of the report referred to it, the committee would afford them an opportunity of doing so. If the committee will be pleased to communicate to me for the vestry, what statement or explanation it wants in regard to any of the matters contained in the report, I will feel it my duty to submit the same, and doubt not they will cheerfully and promptly furnish the requisite statement or explanation to the committee. I am very respectfully, your obedient servant, WM. E. DUNSCOMB, Comptroller y ^c. EXHIBIT E. New- York, 2d Dec, 1856. To the Vestrymen of Trinity Churchy in the city of JYew-York: Gentlemen — In reply to yours of this morning, the committee have to say that, they desire the information required under the resolutions of the Senate of April 13, 1855, in reference to the names of the persons entitled under an act to alter the name of the corporation of Trinity church, and for other purposes, passed January 15, 1814, to vote at the annual election f(»r church war- dens and vestrymen of the present corporation of Trinity church; specifying those who vote as communicants, and those who vote as pew holders in the said church ; and the names of the persons who did actually vote at each of the three last annual elections, held for the choice of church-wardens and vestrymen of said corporation; also whether the corporation of Trinity church have any additional mortgages or securities, besides those set forth in their last report to the Senate; if so, a schedule showing names of mortgagors, amount secured and unpaid, and when given. Also the real value of each lot or parcel of land, owned by said corporation, irrespective of the leases thereon. Very respectfully, etc., M. SPENCER, J. NOXON, J. H. RAMSEY, [Copy.] Committee. EXHIBIT F. Office of the corporation of Trinity Church, ? (A. No. 1.) JVew-York, Jipril — Ji. D., 1855. 5 Received from Charles H. Clayton, the sum of sixty-four dol- lars, to and for the use of the corporation styled " The Rector, Church-wardens, and Vestrymen of Trinity church, in the city of New-York," for and in consideration of which the said corpo- ration doth, by these presents, grant and assign, to him and to his family, at the times, and upon the occasions, mentioned in the schedule hereto annexed, for the term commencing on the first Sunday after Easter, in this present year, and continuing to and including Easter day in the next year, and no longer, the use and easement of the seat, slip, or pew, being in the chapel of the said corporation, erected between West 25th and West 26th streets, near to the Eioadway in said city, called Trinity chapel; such seat, slip, or pew, being numbered one, and sit- uated on the east aisle^ west side. It being expressly understood, that such use or easement is subject to the regulations, and upon the terms and conditions set forth in the said schedule heretofore annexed. W E. DUNSCOMB, Comptroller. Schedule Of regulations respecting the pews in Trinity chapel^ and of the terms and conditions of the letting referred to in the above memo- randum^ and to he taken as part thereof : I The privilege, or right, granted by the above memoranaum shall not be assigned. II. The exclusive right, or privilege, above granted shall be claimed and enjoyed at and upon the following times and occa- sions only, that is to say : The ordinary morning and afternoon 3 34 REPORT OF SELECT COMMITTEE services of every Snndaj in the year, Christmas day^ Good Fri- day, Accension day, and Thanksgiving day, and upon no other day, and at no other times of those days^ and upon no occasion of Divine service at night, III. After the expiration of the term for which the privilege or right within mentioned has been granted, that is to say, on one of the three last days of Easter Week, in the year 18.56, the same privilege or right for another term, cc^mmencing on the next Sunday thereafter, and ending on, and including Easter Day in the year succeeding, be the term greater or less than a year, will be disposed of to the highest bidder, unless the pre- vious holder of such privilege or right shall apply and agree for the same betore such time^ and pay the sum required there- for, at the office of said Corporation. Notice of the amount of rent demanded for the next term will be given to such ot the occupants as shall have lodged in the office of the Corporation a memorandum of the place to which such notice shall be sent, one month before the time appointed for the letting. IV. The above agreement, or the occupation of a seat, does not give to any person the right and privilege of a corporator. Copies of the ordinance of the corporation to regulate the annual elections," &c., passed March 25th, 1844, can be obtained at the office of the corporation. V. No alteration shall be made in any seat, slip or pew, or of the furniture, without the consent of the vestry, or of their offi- cer, agent, or servant duly authorised. VI. There shall be no name or mark put upon any seatj slip or pew. VII. If any repairs become necessary, notice thereof must be given to the sexton. VIII. During divine service, after the reading of the portion of the Psalter, the sexton may put strangers into the seats, slips or pews, that are wholly unoccupied by the tenant, or by some person for him. ■OTSr AFFAIRS OF TRINITY CHURCH. 35 Office of the Corporation of Trinity Church, ? April, 1856. S Beceived from Charles H. Clayton, sixty-five dollars, for the wse of within mentioned pew No. one, in Trinity chapel, during the term commencing Easter Monday, in this year, and ending on the first day of May, next year, such use to be subject to the regulations, and upon the terms and conditions contained in the schedule annexed to within agreement, except the fourth. $65. Wm. E. DUNSCOMB, Comptroller. Office OF the Corporation of Trinity Church, 185 . Received from dollars, for the use of within mentioned pew No. , in Trinity chapel, during the term commencing on the first Sunday after Easter, in this year, and ending on Easter Day, next year; such use to be subject to the regulations, and oipon the terms and conditions contained in the schedule an- nexed to the within agreement. % Comptroller , Office of the Corporation of Trinity Church, 185 . Received from dollars, for the use of within mentioned pew No- , in Trinity chapel, during the term commencing on the first Sunday after Easter, in this year, and ending on Easter Day, nextyear^ such use to be subject to the regulations, and upon the terms and conditions contained in the schedule annexed to the within agreement Comptroller. EXHIBIT G. To the Rector^ Wardens, and Vestrymen of Trinity Churchy JVcw-York: Gentlemen — The undersigned, Wardens and Vestrymen of St.. Matthew's Church in this city, beg leave respectfully to repre- sent : That some three years since, they submitted to your corpo- ration a full statement of the condition, means and wants of this parish, and asked for such an appropriation from the church property in your trust, as would enable them to make some indispensable repairs and improvements — pay otf the mortgage^ which rests upon the parsonage house and lot— and some other debts. In about one year, that application w^as responded to by an increase of $200 per ann. for five years, to the $300 previous- ly received. In other words, it was a grant of $1000, payable in semi-annual instalments for that period. That w^as the only application we ever made to your body for aid, until the pre- sent : and this we beg to say wall be the last, unless the response be more in accordance with the imperative necessities of our case. St. Matthew's was the first church ever founded in this city by individual munificence. It has no endowment whatever, and not one wealthy individual belongs thereto. It has been esta- blished nearly fourteen years. It is contiguous to the church estate in your custody, and many of its congregation live there- on. It is virtually a free church, and for some years was actu- ally so. Its revenues from pews does not now exceed $500 per ann. and is constantly growing less by the removal of its mem- bers to the upper wards of the city, and into its suburbs. It has a debt of about $1,300, beside a mortgage of $3,500 on the parsonage; we have had to pay during the past year, over $400 for city taxes and assessments. The church edifice is old, unin- viting in appearance, and much needs repair. It cannot be encumbered by debt or lien of any kind. We have exerted ourselves to the utmost, and cannot consent to continue this struggle beyond the 1st of May next ensuing, unless such aid shall be received from the church funds in your custody as will enable us to cancel our present indeblednesSj repair, and put the church edifice somewhat on an equality with others around it,, and ensure its rector a salary of not less than $1,200 per ann. ON AFFAIRS OF TRINITY CHURCH. 37 We lay these facts before you, gentlemen, in the spirit of christian candor, and with all courtesy. It now remains wnth you to say, w^hether on the 1st of May next, this parish shall cease to exist, and the property be returned to the donor there- of, for the want of some of that nursing aid, which is now indis- pensable to its continuance. As you hold ample means, and hold them for such purposes in this city, on you must the re- sponsibility rest of so painful an event. In conclusion, gentlemen, it only remains for us to solicit as early an expression of your pleasure in this matter as is con- venient : and tc submit for your information the following reso- lution of our vestry, this day adopted : Resolved unanimously, " That this vestry, feeling assured, that from causes beyond their control, a crisis has come in the affairs of this parish, which without extraneous aid it cannot survive, and cordially endorsing the statement of facts in the accompa- nying application to Trinity Church, do now agree and declare : That the continuance of this parish beyond the first day of May next ensuing, or its extinction at that time, be dependent upon the action of Trinity Church Corporation in the premises. And in the event of no satisfactory arrangement being had by the 1st of February next ensuing, the rector, and church-wardens, with Messrs. Burtnett, Bunn and Phelps, be, and are hereby appointed a committee, with full power, to arrange and settle all pecuni- ary obligations against the vestry, with any means belonging thereto at their disposal : with a view to restore the church edifice, lots, and appurtenances as received, to the Rt. Rev. Bp. Eastburn, in a legal manner." With high consideration, we are gentlemen, Very respectfully your ob't sevants, PHILIP REYNOLDS, ? JOSIAH RHODES, \ DANL. BURTNETT, ) GEORGE JEFFERDS, I WM. H. PHELPS, I EWD. H. MERCER, [ MARTIN T. BUNN, MOSES DEVOE, JOHN BOGERT, THOMAS BELL, Wardens, EXHIBIT J. No, 1, Church edifice. No. 2, No. Ely'3. 120,000 $16,000 No. 3y No, 4, 120,000 $16,000 201 do 28.10x82.0 30,ooa 21,30a 205 do 24.9x82.0 22,000 19,000 25x82.0 22,000 19,500 209&211do 25x82.0' 27,000 19,500 22,500 18,000 27,000 19,000 32,000 20,000 No. 5, 35,oao 30,000 25x74 35,ooa 30,000 , . . 25x74 35,000 30,000 No. 6j , , . 25x200 25,000 18,000 , . . 25x100 24,000 19,000 25x75 20,000 18,000 75 do ..... 24x75 20,000 17,500 85 do , 25x75 18,000 16,000 . 25x75 18,000 16,000 ON AFFAIRS OF TRINITY CHURCH. 39 No. 7, 52x50 $50,000 $35,000 140 do 22x50 17,500 15,000 142 do 25x50 19,000 17,000 148 do 25x75 25,000 18,000 147 do 25x75 27,000 18,000 155 do 25x75 25,000 17,000 157 do 25x75 24,000 17,000 159 do 25x75 24,000 17,000 161 do 25x75 23,500 17,000 163 do 25x75 23,500 17,000 273 Greenwich street, 25x65 18,000 14,000 275 to 281 do 75x90 60,000 50,000 No. 8, 25x75 27,500 23,000 25x75 27,500 23,000 25x100 35,000 28,000 25x100 30,000 28,000 t 1 C\ 1_ ^ J... » » J- 25x75 30,000 28,000 ■a 1 4 J 2ox75 30,000 28,000 o r\ "PI « ^ 1 „ ^4-^ ^ ^ 2. 2dxd2 18,000 18,000 No, 9, iio.lxIUD t f\f\ AAA 100,000 1 1 C AAA 115,000 2o. 2x106 80,000 90,000 75.1x107 80,000 90,000 5, 7 & 9 Murray-street, . . . 14.11x100 150,000 150,000 . 25x100 45,000 48,000 . 25x100 85,000 90,000 . 25x100 40,000 45,000 25x75 40,000 45,000 20X75 t rr AAA 17,000 16,000 No. 10, . 25x49.9 7,500 7,500 No. 11, . 25.6x83 20,000 20,000 106 do , 22.6x83 19,000 19,000 . 26x83 20,000 20,000 110 do . 25x83 20,000 20,000 40 REPORT OF SELECT COMMITTEE No. 12, 60 Reade-street, 25x83 $30,000 $30,000 74 do 25x83 .25,000 25,000 No. 13, 32 Harrison-st., 24x76 6,000 7,000 No. 14, 368 Greenwich-st., 25.6x71 6,000 7,000 372 do 25x100 8,000 10,000 374 do 20.11x100 7,000 8,000 376 do 12.6x40 ( .... . ... 378 do 41.11x27.10 1 ^'^^^ ^'^^^ 380 do 24.7x40 4,000 6,000 382 do 25.5x100 8,000 10,000 384 do 25x91 8,000 9,500 No. 15, 377 Greenwich-st., 28.6x100 9,000 10,000 379 do 22x100 7,000 8,000 381 do 25x100 8,000 9,000 283 do 25x55 6,000 6,000 387 do 25x100 8,000 9,000 389 do 25x100 8,000 9,000 391 do 25x100 8,000 9,000 393 do 26x100 8,000 9,000 397 do 24.10x100 12,000 12,000 No. 16, 50 Varick-st., 28.8x175 18,000 15,000 No. 17, 415 Greenwich-st., 25x55.9 5,500 6,000 41 5 J do 17ix56 2,500 3,000 417 do 20.3x56.8 2,500 3,000 419 do 14x70.7 4,000 4,500 421 do 15.3x54.10 2,000 2,500 423 do 24x57 3,250 3,500 425 do 25x58 (4.500) 4,500 4,500 427 do 25x68 6,500 6,750 10 Hubert-st., 25x88 6,500 5,500 59 Laight-st., 25x75 5,000 5,500 ON AFFAIRS OF TRINITY CHURCH. 41 No. 18. . . . 23x100 $9,000 $9,000 175 do 23.3x100 9,000 9,000 10,000 10,000 181 do 22.1x99.8 9,000 9,500 183 do ... 22.1x99.8 7,500 8,000 185 do 7,500 8,000 187 do 7,500 8,250 189 do 20.2x75 6,000 6,500 191 do 25.5x74 7,000 7,500 193 do . , 25.5x74.3 7,000 7,500 54Laij , . 20 . 9x74 4,000 4,500 56 do ,.. 20.11x79 4,000 4,500 58 do . 24 . 5x80 4,500 5,000 60 do 5,000 5,500 31 Vestry-st., , 25x107 5,500 6,000 33 do , 29.7x100 6,000 6,000 35 do 22x100 5,000 5 000 37 do , 20.6x96 4,750 4,750 39 do ... 21.5x94 4,750 4,750 41-45 do „ 62.9x86 church 32 do , 25.7x104 5,500 6,000 34 do .,, 25.1x90.8 5,000 5,500 36 do ,.. 24.10x90 5,000 5,250 38 do ... 25.1x89 5,000 5,000 40 do ,. 25.3x88.6 5,000 5,250 42 do ... 25.1x88 5,000 5,500 . 26.6x88 5,000 5,500 5 do 25.2x78.8 4,500 5,000 7 do . 25.2x99.10 4,500 5,000 9 do 24.10x99.6 4,500 5,000 11 do , 25x91 4,500 5,000 13 do , 24.10x91.4 4,500 5,000 15 do 25x91.8 4,500 5,000 17 do 24x50 2,500 3,000 19 do 15.1x50 1,750 1,950 . . . 23x100 10,000 10,000 431 do . 25.6x100.8 7,500 8,000 42 REPORT OF SELECT COMMITTEE. 433 Greenwich St., 26.4x100 7,500 6,000 435 do 25x101 7,500 8,000 437 do 21.7x59.9 4,000 4,500 439 do 28.11x59.8 5,000 5,500 441 do 23.3x^9.8 6,000 6,500 443 do 26x100 7,000 7,500 445 do 26x100 7,000 7,500 447 do 24.7x100 7,000 7,500 449 do 25.8x100 7,000 7,500 451 do 25x100 7,000 7,500 453 do 25x64.2 4,000 5,000 455 do 25.8x58.9 6,000 6,500 No. 19. 4 Desbrosses-st., 24.2x90.8 5,000 6,500 6 do 25.6x89.3 5,000 5,750 8 do 25.1x88.6 5,000 5,000 10 do 25.2x87.9 5,000 5,000 16 do 30x52.3 4,000 4,500 18 do 25.3x52.3 3,500 4,000 20 do 29x51.5 4,000 4,500 457 Greenwich-st., 25.6x50 5,500 6,000 459 do 25.6x50.2 4,000 4,500 463 do 24x103 7,000 7,000 465 do 20.6x75 5,000 5,000 467 do 30x75.6 6,500 6,500 ■ 205 Hudson-street, 21.11x66.3 6,000 8,000 207 do 21.4x661 5,000 6,000 209 do 21.10x65.10 5,500 6,500 211 do ........ 22.1x64.1 7,000 8,000 484 Canal-st. ave., 51x120 30,000 30,000 61 Watts-street, 19.11x94.3 7,000 7,000 63 do 20x94.3 7,000 7,000 65 do ^5.2x87.3 7,000 7,000 67 do 21.9x75 5,000 5,500 69 do 13x51 1,500 1,500 71 do 24.10x74 4,000 5,000 ON AFFAIRS OF TRINITY CHURCH. 43 No. 20. 182 Hudson street J 20x60 6,000 6,500 186 do 19.5x64 5,000 5,000 190 do 20x70 5,500 5,500 194 do 20x70 5,500 5,500 196 do 20x65 5,500 5,500 198 do 19.9x53 5,000 5,000 200 do 20.3x40 4,000 4,000 202 do 20x28 8,500 3,500 204 Canal street, 41x42 triangle, 8,000 9,000 464 do 2 .11x23.8 4,000 4,500 462 do 20.5x40 4,500 4,750 460 do 12x47 2,500 3,000 458 do 12x50 3,000 3,250 456 do 12x55 3,500 3,500 454 do 21.4x60 5,500 5,500 452 do , 21.4x97 7,000 8,000 450 do 21.4x100 9,000 9,000 444 do 23.2x90 9,000 8,500 442-440 do 51.8x58 6 12,000 13,300 438 do (through to Vestry) 25x65 10,000 10,000 No. 21. 28 Renwick-st., 21x60 3,500 3,000 34 do 25x83.6 4,500 4,500 36 do 25x60 4,000 3,750 40 do 24.10x60 4,000 3,750 42 do 25.3x60 4,000 4,000 283 Hudson-st., 25x90 8,500 9,000 285 do 25x90 8,500 9,000 No. 22. 83 Varick-st., , 25x86 5,000 5,500 85 do 25x100 5,000 5,500 89 do 25x100 5,000 5,500 *91 do 25x100 5,000 5,750 93 do 24.10x53 4,500 4,500 35 Watts-st., „ 25.1x107 4,500 5,000 44 REPORT OF SELECT COMMITTEE 25.1x89 4,000 4,500 25x80 3,750 4,000 25x80 3,750 4,000 18.7x60.8 2,500 2,800 45 do 18x60 2,500 2,800 47 do 20x60 2,750 3,000 20x55 2,750 2,800 51 do 20x48 2,500 3,000 53 do 20x42 2,500 3,000 55 do 20x35 2,500 3,000 485 n„»^^l TTir«^++o r^-^A TTiT ^ 483 I ^^^^^j Watts ana Hucl- 1 son-streets. 581 J ' 28.8x43 8,000 8,000 479 Canal (& Watts) streets 201x60 8,000 8,000 20.1x33 3,500 3,500 24.7x40 4,500 4,000 17.7x46 4,000 3,800 471 do 17.8x53 4,000 4,000 469 do 20x57 5,000 4,500 467 do 25.4x73 8,000 8,000 465-463do 25.10x100 8,500 8,300 22.10x87 8,000 9,000 459 do 17.10x100 7,000 8,000 17.10x100 7,700 8,000 17.10x100 7,500 8,000 17.10x100 7,500 8,000 17.11x88 7,000 6,500 449 do 17.11x80 7,500 6,250 447 do 17.10x75 No. 23. 6,000 6,250 419 do 25.10x76 I 26.4x72 I 25,000 'ZD ,UOU 421 do 25.2x82.6 10,000 13,000 6 Sullivan-st.j 162 & 164 8 do 25x71 4,000 4,000 10 do 25x81.8 4,000 4,000 50x100 9,000 10,000 ON AFFAIRS OF TRINITY CHURCH. 45 S. E. corner of Grand and Varick-st., , 86x93.6 iftOO AAA dSQO (\f\{\ 80 Varick (cor. Grand-st.) 25x75 »7 FCAA *7 KAA 7,0UU ZDX/L> AAA 0,000 K AAA o,uuu Q 4 A,^ !:iOX/D C AAA 5,000 0,000 O li J ^ 'i4xoy 4,oOO A X A A 4,00U O O J ^ A C A A 4,o00 A A A 4,oOO 90 do 25x50 5,000 A f\f\f\ 4,000 92 do col Watts, , 25x50 5,000 5,000 . 25x85 5,000 5,000 541 do 25x85 5,000 5,000 543 do 25x85 5,000 5,000 545 do 25x85 5,000 5,000 547 do , 25x85 5,000 5,000 No. 24. 119 Varick-st., , 25x90 a AAA D,000 ff AAA 0,000 121 do , 25x90 6,000 6,000 123 do c. Dominick,. 25x56.8 5,500 5,500 125 do , 26x54.8 5,500 5,500 127 do 24x54.8 3,500 3,500 129 do , 25x76.8 5,500 4,500 No. 25. QKv- < Q ^0X4o . ^ A r\f\f\ 4,000 O K A A 3,o00 ^^l»»v»l-7- n't- Of 0-o-*7Fi O 4,000 3,500 •7 Ar^ !ii4X / . o 4,000 3,000 1:44X7 O.o 4,000 3,000 21 do c. Dominickj, 5i4.0X&0.lU 4 r\ r\r\ 4,000 3,500 OO A^ !<:0X0D .10 3,000 3,000 OK A ^ 2ox7o 4,000 4,000 c\ • ' _ 1 _ _,j 25x84.7 4,000 3,000 •t C\ A t-^ Z0XO4.7 4,000 3,000 25x84.6 4,000 3,000 14 do 25.3x84.6 4,000 o K f\r\ 3,500 24.10x74.10 4,000 3,500 7 do 24.11x74.10 4,000 3,000 9 do 24.11x74x10 4,000 3,000 25.2x74.10 4,000 3,000 46 REPORT OF SELECT COMMITTEE. 2b .0X74 . 1 A fH> < AAA $4,000 O AAA $3,000 24.2x99. 6 6,000 6,000 116 do 24.2x99. 6 6,000 6,000 120 do 24x48 5,500 4,000 TVo 26 25 5x78, .5 3,500 5,000 538 do C.Clark,... 24.6x65 4,500 5,000 6 Clark-st., 22.6x68 3,000 4,000 16 do 25x90 4,500 4,500 18 do 25x90 4,500 4,500 22 do 25x90 4,500 4,500 ?4 do 25x90 4,500 5,000 26 do !:ioxyu 4,0UU O5UUU 202 Spr ing-st., c. Clark,. . . . 22x75 6,000 5,500 200 do 23.2x75 5,000 5,750 198 do 22.5x75 5,000 5,000 No. 28. 303 Hudson, n. w. c. Spring, 25.8x50 . 2 5,500 6,000 305 do 20.3x50 3,000 4,500 307 do 20.3x50 3,000 4,000 309 do 20.3x50 3,000 4,000 311 do 20.3x50 3,000 4,000 20 .9x75 4,500 5,000 315 do 20 .9x75 A K r\f\ 4,500 5,000 317 do 20 .9x75 4,500 5,000 319* do 20 . 9x75 4,500 4,500 321 do s.w.cr.Vandam, 24.9x75 7,000 6,000 323 do n.w. do 32x25 3,000 3,000 325 do 17.11x25 1,500 1,500 327 do 16.8x50 2,500 2,500 329 do , . . . 16.8x50 2,500 2,500 331 do 16.8x50 2,500 2,000 333 do 25x100 6,000 6,500 335 do 22.5x50 3,250 3,500 337 do 21x50 3,250 3,500 339 do 34x50 6,000 5,500 ♦These two lots include No. 80 Vandam-st. ON AFFAIRS OF TRINITY CHURCH. 47 25y1 Of) * o K 235 25x114 6,000 7,000 r» o 237 1 „ 25 .2x114 6,000 7,000 239 25.2x114 6,000 7,000 241 1 „ 25x114 6,000 7,000 245 25.1x114 6,000 7,000 247 25.3x114 6,000 7,000 249 25x114 6,000 7,000 251 do 25x114 6,000 7,000 253 25x114 6,000 7,000 255 do 25x114 6,000 7,000 259 do 25x50 4,000 4,500 261 do n. e. cr. Hudson, 25x50 6,000 6,000 44 Vandam-st.s.w.cr.Varick 25x51 .4 4,000 4,000 46 do 25x51 2,500 3,500 48 do 25x100 4,500 5,500 50 do 25x100 4,500 5,500 52 do 25x100 4,500 4,500 54 do 25x100 4,500 4,500 56 do 25x100 A C A rv 4,500 4,500 58 25x100 4,500 4,500 60 do 25x100 A K f\r\ 4,500 4,500 72 do 25x100 4,500 4,500 64 25x100 4,500 4,500 66 do 25x100 4,500 4,500 68 do 25x100 5,000 5,000 70 do 25x100 6,000 5,500 ON AFFAIRS OF TRINITY CHURCH. 49 Bl Yandam St., 25x100 :53 do 25x100 55 do 25x100 57 do 25x100 59 do 25x100 61 do 25x100 63 do 24.10x100 65 do 26x100 67 do , 20.6x100 69 do 29.8x100 71 do 25x100 73 do , 25x70 75 d2 25x70 62 Charlton St., 25x75 64 do 25x100 66 do 25x100 68 do 25x100 70 do 25x100 72 do 25x100 74 do 25x100 76 do 25x100 78 do 25x100 80 do 25x100 82 do 25x100 84 do 24.7x100 86 do 25x100 308 Hudson St., 17x50 310 do 17x50 312 do 17x50 314 do 29.8x50 316 do 28x50 318 do 28x50 320 do cor. Vandam St., 29x50 328 do 20.6x24.2 330 do 25.3x24 332 do 24.3x24 334 do 30.4x75.5 338 do 25.50.5 4 $4,500 $5,000 4,500 4,500 4,500 4,500 4,50u 4,500 4,500 4,500 4,500 4,500 4,500 4,500 4,500 4,500 3,750 3,750 5,000 4,500 6,000 5,500 5,000 5,500 6,000 5,500 3,500 4,000 4,500 5,000 4,500 5,000 4,500 5,000 4,500 5,000 4,500 5,000 4,500 5,000 4,500 5,000 4,500 5,000 4,500 5,000 4,500 5,000 5,500 5,500 6,000 6,500 2,500 2,750 2,500 2,750 2,500 2,750 4,000 4,000 4,000 4,000 4,000 4,250 6,000 6,000 3,000 6,500 2,000 1,500 6,000 5,500 4,000 3,750 REPORT OF SELECT COMMITTEE». 25.3x50.5 $4,000 |3,750' do 27x50.5 4,520 4,000 do cor. Charlton. St. , 25.3x37.7 5,500 5,500 No. 30. 223 Spring, cr.Macdongal-9t. 42x100 9,000 11,000 da 20x100 4,500 5,000 vaI do 20x100 4,500 5,000 dio 20x100 4,500 4,800 do 20x100 4,500 4,800 do 20x100 4,500 4,800 do 20x100 4,500 4,800 do 20x100 4,500 4,800 r» o n do 25x100 6,000 6,000 Ml do 20x105 4,500 4,800 24a ^ 20x100 4,500 4,800 245 do 25x100 6,000 6,000 241 do 25x100 6,000 6,000 249^ do 25x105 6,000 6,000 251 do 25x99 . 5 6,000 6,000 253 do 25x99.5 6,000 6^000 255 do 16x9x58.2 2,000 3,000 257 do 21x58.2 2,500 3,500 259 n.w.cr. Variek-st., .... 21x58.10 4,000 5,500 18x100 2,500 2,500 B do 15x100 2,700 2,700 10 do 25x100 4,500 4,250 12 da 23x100 4,250 4,000 14 da 22.10x100 4,250 4,000 16 da 22.10x100 4,250 4,000 18 da 23x100 4,250 4,000 20 da 23x100 4,250 4,000 23 da 23x100 4,250 4,000 24 da 24.6x150 4,500 4,250 26 da 28.100 5,000 5,000 28 da 21.4x100 4,000 4,000 30 do 25.8x100 4,500 4,500 32 do 24.10x100 4,500 4,500 ON AFFAIRS OF TRINITY CHURCH. 51 :U Yandam-st., 25x100 -S6 do .... 25.6x100 SS do 22x100 40 do 20x49.6 7 do 17x100 9 do 25x100 11 do 25x100 13 do 25x100 15 ' do 25x100 17 do 22x100 19 do 28x100 31 do 25x100 33 do 19.8x100 35 do 20x100 37 do 20x100 39 do 20x100 31 do 20x100 33 do 25x100 35 do 25x100 37 do 18.6x75 39 do 18.10x75 41 do 18.10x75 *43 do 18.10x74 45 do er. Variek, 25x75 16 Charlton-st, 18 .2x100 18 do 18.9x100 20 do 18.9x100 32 do 18.9x100 34 do 18,9x100 26 do 25x100 38 do 25x100 140 Variek-st., 16.5x64 142 do 21.8x64 142i & 144 29x64 146 do 19x64 148 do 20x64 150 do 16.6x43 * This No. includes 160 V&riek-street. $4,500 $4,500 4,500 4,500 4,250 4,000 3,500 2,500 3,000 3,000 4,500 4,000 4,500 4,000 4,500 4,000 4,500 4,000 4,255 3,750 5,000 4,250 4,500 4,000 4,000 3,500 4,000 3,500 4,000 3,500 4,000 3,500 4,000 3,500 4,500 4,250 4,500 4,250 3,000 3,000 3,000 3,250 3,000 3,250 3,000 3,250 5,500 5,500 3,000 3,500 3,000 3,500 3,000 3,500 3,000 3,500 3,000 3,500 4,500 5,250 4,500 5,250 3,000 3,000 3,000 3,000 ,ouu 4,o00 3,250 3,000 3,550 3,250 1,500 2,000 52 REPORT OF SELECT COMMITTEE. 16.6x43 $1,500 $2,00-0 154 do c.Vandam-st. 16.6x43 2,000 3,000 24.7x100 5,000 5,000 20x100 4,400 4,000 166 do 20x66 168 do 20x66 3,500 3,900 170 do 20x66 3,500 3,500 172 do C.Charlton, 20x66 4,500 4,500 20.8x50 3,000 4,000 oi7 do 20 .9x50 3,000 4,000 Q /I n 20x50 3,000 4,000 QKI 25x100 7,000 7,000 Q PL O S?T OKK 25x100 7,000 7,000 Q K>7 A^ 16 .8x60 2,500 3,500 ooy do 16 .8x61 2,500 3,500 361 do s.w. C.King, 16 .8x61 4,000 4,500 ODD do 16.8x60 2,500 3 50O O IT J ^ 16.8x60 2,50l> 3,500 36^ do 16.8x60 2,500 3,500 371 & 373 25x100 6,500 6,500 16 .6x60 2,500 3,500 377 do 17x60 2,500 3,500 37^ do 17x60 2,500 3,500 17x60 2,500 4,000 17x60 2,500 4,000 385 H dson, s. w. c. Ham- 23x38.6 4,500 4,500 91 Cnarltonjn. w. c. Hud- son-st., .... 23x36.5 4,500 4,500 27.3x38.6 3,ooa 3,000 25.2x100 5,000 8,000 24.9x100 6,000 99 do 24.10x100 5,000 5,500 101 do 22x100 4,500 5,000 103 do 24.9x100 5,000 5,500 105 do 25xioa 5,000 5,500 ON AFFAIRS OF TRINITY CHURCH. 53 107 Charlton-st., 25x100 $5,000 $5,000 109 do 25x100 5,000 5,500 111 do 27x100 5,250 7,500 96 King-street, 16,9x50 2,000 3,000 98 do 19x50 2,000 3,000 100 do 25x100 5,000 3,000 102 do 25x100 5,000 5,000 104 do 25x100 5,000 5,000 106 do , 25x100 5,000 5,000 108 do 25x100 5,000 5,000 110 do 25x100 5,000 5,000 112&114do see 571 Greenwich-st. 97 do 19x100 3,000 4,000 99 do 19.3x100 3,000 3,750 101 do 19.3x100 3,000 3,750 103 do 19.3x100 3,000 3,750 105 do 19.8x100 3,000 3,750 107 do , 25x100 5,000 5,000 109 do 25x100 5,000 5,000 111 & 113 do see 572 Greenwich-st. 90i&90iHammersly-st.,., 40x100 8,000 8,000 92 do .. 18x100 3,500 3,500 94 do .. 18x100 3,500 3,500 56 do 18x100 3,500 3,500 98 do .. 18x100 3,500 3,500 100 do 18x100 3,500 3,500 102 do 18x100 3,500 3,500 104 do 18x100 3,500 3,500 106 do 19x100 3,500 3,750 108 do see 586 Greenwich-st. 557 Greenwich c. Charlton, 25x73 6,000 6,500 561 do 28.6x73 5,000 5,500 563 do 24.6x73 4,500 5,000 565 do 24.10x99.9 5,000 5,500 569 do 25.2x99.9 5,000 5,500 572 do C.Kings, 24.10x99.9 7,000 7,000 573 do 13.9x100^1 573^ do 18x100 } 12,000 12,000 575 do 18x100 J 54 REPOUT OF SELECT COMMITTEE. 577Green,ieh-st., ^5x100 $5,000 |5,50«. f 28x100 5,000 5,500 585 t ''''' 5,50» III l: ch™:""" ••• 25x100 7,000 7,000 No. 32, 171 Varfckc Charlton,... 21x75 6,000 5,500 III T ' ^'500 4,000 ' ! f ^^••^'^lOO 4,250 4,250 20x100 4,500 4,500 183 do 9.fi K-^lnA „,.„ ' do 28x60 28.6x100 5,250 5,250 26.5x100 5,000 5,000 87 do s.w.c.Kmg, 22x60 5,000 5,000 189 do s.w.c.do.. 25.4x5J> 5,250 5,250 III f 24.8x50 3,500 3,500 III f 24.9x60 3,500 3,500 III t 27.7x60 4,000 3,750 23x60 3,250 3 250 II' f 20x53 3,000 3;00O ' ; f 3,000 17x53 2,750 2 750 205 do c.HammersIy,. 17x53 4,000 4 OOO 67 Charlton-st. 25x100 5,500 5,'50O f 25x100 5,500 5,500 ^1 do • 25x100 ■''3 do 25x100 II f 25x100 5,500 5,500 II f 25x100 5,600 5,500 f 25x100 5,500 5,500 II f 25x100 5,500 5,500 II f 25x74 4,500 5,500 I: f 25x64 4,000 4,000 25x64 5,000 4,000 5,000 5,500 5,600 5,500 5,500 89 do C.Hudson, 23.6x36 5,000 ON AFFAIRS OF TRINITY CHURCH. DO , 20x50 $1,750 ^1,750 An. , 20x60 1,500 1,500 . 25x100 5,000 5,000 ♦7/1 Arx . 25x100 5,000 5,000 7d Arx . 25x100 5,000 5,000 78 25x100 5,000 5,000 <0 A 25x100 5,000 5,000 82 25x100 5,000 5,000 «4 25x100 5,000 5,000 . 26x100 5,000 5,000 ^8 J ^ 20x50 2,000 2,000 so 20x59 ^,500 2,500 69 J -V 49x100 10,000 9,000 71 J « 25x100 5,000 4,000 73 25x100 5,000 4,000 79 J ^ . 25x100 5,000 4,000 ^81 J ^ 25.3x100 5,000 4,000 83 do 25x100 5,000 5,000 ^5 do 25x100 5,250 5,000 07 , 25x50 3,000 2,500 S9 do 23.3x50 3,000 3,000 . 21x100 4,000 4,000 68 do , . 21x100 4,000 4,000 70 , 25x100 5,000 5,000 72 , 25x100 5,000 5,000 74 20x100 4,000 4,000 76 20x100 4,000 4,000 78 do , 20x100 4,000 4,000 80 do 20x100 4,000 4,000 82 25.6x100 5,000 5,000 84 25x100 5,000 5,000 86 do . 25x100 5,000 5,000 88 32x50 4,000 5,000 25.6x25,9 2.000 2,000 S48 do . 14x75 3,000 3,000 354 do , . 26x100 6,000 6,500 356 do . 25.5x100 6,000 6,500 358 , 25x100 6,000 6,500 56 REPORT OF SELECT COMMITTEE 360 Hudson-st.. ^3,000 $3,50t>' 362 do 16.8x60 3,250 3,500 364 do cor. King, 16.8x60 4,500 4,250 366 do 4,000 4,000 368 do .oc, 16.8x51,6 3,000 3,000 370 do 16.8x51.6 3,000 3,000 372 do 6,000 6,500 374 do 25x100 6,000 6,500 376 do 16.8x100 3,750 3,750 O lo rlo uu O, 1 OyJ o, / JU 380 do 16.8x100 3^750 3,750 382 do 25x68 5,000 5,000 384 do cr. Hammer sly 25x68 7,000 7,000 No 33. 15 Charlton-st. 5,000 4,750 17 do 5,000 4,750 19 do 5,000 4,750 21 do 5,000 4,750 25 do 5,500 5,500 27 do 4,000 4,200 29 do 4,000 4,200 31 do 4,000 4,200 33 do 4,000 4,200 35 do 20x100 4,000 4,200 37 do 25x100 5,500 5,500 39 do 25x100 5,500 5,500 41 do 4,250 4,300 43 do 21.6x100 4,250 4,300 45 do 21.6x100 4,25o 4,300 47 do 4,250 4,300 49 do 21.6x100 4,250 4,300 51 do 3,750 3,750 53 do 21.5x72 4,000 4,000 55 do cr. Varick,. . . 25x37 3,600 3,500 28 King- street. 22x100 4,000 4,000 30 do 22.10x100 4,000 4,000 32 do 25x100 4,500 4,500 ON AFFAIRS OF TRINITY CHURCH. 57 , . 25x100 $4,500 $4,500 36 , 20x100 o K. r\(\ 3,500 3,500 38 ^ . . 20x100 3,500 3,500 40 J , . 20x100 3,500 3,500 42 . . 20x100 3,500 3,500 44 1 20x100 3,500 3,500 46 t , . 25x100 4,500 4,500 48 J _ 25x100 A K c\r\ 4,500 4,500 50 J 25x100 4,500 4,500 52 J 20.10x100 3,500 3,500 54 , . 20 .10x100 2,500 3,500 56 . , 20.10x100 3,500 3,500 58 . . 20.10x100 3,500 3,500 60 20.10x100 3,500 3,500 62 , . 20.10x75 3,000 3,000 64 J 25x75 4,000 4,000 27 J _ 25 .4x100 4,500 4,500 29 1 . „ 28.6x100 5,000 5.000 31 1 ,. 21.6x100 3,500 3,500 33 do 23x100 4,000 4,000 35 . . 27.6x100 5,000 5,000 37 . , 27x100 5,000 5,000 39 . . 23.6x100 4,000 4,000 41 do , 23.6x100 4,000 4,000 43 . . 25x100 4,500 4,500 45 do 25x100 4,500 4,500 47 . . 25x100 4,500 4,500 49 do , . . 25x100 4,500 4,500 51 do .. 24.10x100 4,500 4,500 53 do . . 25x100 4,500 4,500 55 do . . 25x75 4,500 4,500 21 .9x100 4,500 4,000 30 do 25x100 5,000 4,000 32 do 18.9x100 3,750 3,750 34 do 18.9x100 3,750 3,750 36 do .. 18.9x100 3,750 3,750 36| do 18.9x100 3,750 3,750 38 do 21.10x100 5,000 5,000 58 REPORT OF SELECT COMMITTEE. 40 Hammersly-street, . . . 25x100 5,000 5,000 do ... 2oxlOO 5,000 5,000 A A 44 cLo . . , , 25x100 5,000 5,000 Ar^ do . . . , 20x100 4,000 4,000 A Q dO . . . , 20x100 4,000 4,000 tiu . . . . OA-C7-1 Art A AAA 4,UUU i A Art 4,000 UU . . . . A AAA 4,UUU A rtrtA 4,U0U 54 do ZUXIUU A AAA 4,UUU A AAA 4,UUU 56 do Art 5,UUU C AAA 5,000 58 do r» K O 1 A A 25 .8x100 C AAA 5,000 K AAA 5,000 60 do 20x58 O AAA 3,000 O A A/"k t3,000 176 Varick-street, OOX.Z0 o f\fir\ ZjlJKJV O AAA Z^KJVX) 178 & 180 do ZOXOo O,0uU o,ouu 182 do 2Dx7o d,750 t3,750 184 do OA A-^CiK dO .4x25 1 r\ A 1,700 1 I^A A 1,700 186 do c. King/ . . , , 44 .0X25 0,750 t>,750 190 do ID . OXOU . Q AAA o,UUU 9 Pino 192 do ly . oxou . 1921 do 1 y . /xou . 9 nnn 192^ do ly . oxou O AAA ZjKjyjyj 9 Ann 194 ZD . ox /O A AAA 4,UUU A nnn 196 do ZL . yx / D o,!^0U Q oPin o^ZvD 198 do 20.5x75 3,000 3,000 200 do 9 950 202 do 2UX04 . O O KA 2,i5U O OFLrt ZjZOv 204 do c.Hammersly L 4 . yxo-± . No. 34. o, / ou ^ 7i^n o, / OU 387 Hudson-st.jii.w. c. Ham- mersly,. . . . 25x70 Pi Art OjOUU £J Krtrt 0,500 389 do O K-rrt A A z5xlU0 rj AAA 7,UUu *7 rtrtrt 7,000 391 do OFi-c-1 Art 7 HAA /,UUU 7 AAA /,uuu 393 do OFivl AA / ,UUU 7 nnn 395 do zoxiuu / ,uuu 7 nnn / ,uuu 397 do OOvl f\C\ ft Ann 4\ Ann 399 do o,uu o nnn 401 do 18x54 3,000 3,000 403 do s.w.cClarkson 17x54 4,500 4,500 405 do n. w. c. do 25x60 6,000 5,750 407 Hudson-street, 25x60 409 do 411 do 413 do 415 do 417 do 419 do 421 do s. w. c. Leroy, 93 Hammersly-street, .... 95 do 97 do 99 do 101 do 103 do 36 Clarkson-street, 25x100 38 do 40 do 42 do 44 do 46 do 48 do 50 do 52 do 45 do 35 do 37 do 39 do 41 do 108 Leroy-st., 25x100 585 Greenwich-st, n. e. c. Hammersly, 587 do 589 do 603 do 605 do 607 do 609 do 611 do ' TRINITY CHURCH. oy 25x60 S5,000 S5,000 25x100 6,000 6,500 21x100 5,000 5,000 29x100 7,000 7,250 25x100 6,000 6,500 16.8x71 3,000 3,500 16.8x71 3,500 3,500 16.8x71 5,000 4,500 30.25 1,500 2,000 25x100 6,000 5,750 25x100 6,000 5,750 25x100 6,000 5,750 25x100 6,000 5,750 25x100 6,000 5,750 25x100 6,250 6,000 25x100 6,000 5,750 25x100 6,000 5,750 25x100 6,000 5,750 25x100 6,000 5,750 19.6x60 3,500 3,500 19.6x57 3,500 3,500 19.6x55 3,500 3,500 19.6x52 3,500 3,500 19.6x51 4,000 3,570 21x67 3,500 3,500 21x67 3,500 3,500 25x100 6,000 5,750 25x100 6,000 5,750 25x100 5,000 5,500 29x67 6,000 6,500 24 . 5x63 . 9 4,500 5,000 25x82.9 5,000 5,500 15.4x24 1,000 800 15.4x24 1,000 800 25x111 6,500 6,500 25.109 6,500 6,500 25x107 6,500 6,500 60 REPORT OR SELECT COMMITTEE No. 35, 207 Yarick-st. n. w. c. Ham- mersly, 16.8x60 $4,000 209 do 16.8x60 2,750 211 do 16.8x60 2,500 213 do 16.9x100 4,000 215 do 20.9x100 4,000 217 do 20.3x100 4,000 219 do 17.3x100 3,250 221 do 25x100 5,000 223 do 25x100 5,000 225 do s.w.Gor.Clarkson, 25x100 6,500 25x100 6,500 49 do 25x100 5,000 51 do 25x100 5,000 53 do 25x100 5,000 55 do 26x100 5,000 57 do 25x100 5,000 59 do 25x100 5,000 61 do 25x100 5,000 386 Hudson-st. cor. Ham- mersly. 18x59.10 4,250 388 do 18x59.10 3,750 18x61 3,750 21x61 4,250 25x100 6,500 398 do 25x100 6,500 25x100 5,000 10 do 25x100 5,000 12 do 25x100 5,000 14 do 25x100 5,000 25x100 5,000 18 do 25x100 5,000 20 do 25x100 5,500 22 do 25x100 5,750 On Hudson-st., 8 lots, the front from Clarkson to 26x100 56,000 ON AFFAIRS OF TRINITY CHURCH. 61 24 lots on Clarkson & Leroy 25x104 $24,250 $121,700 i 1 u . o u . 15.8x63.6 3,500 3,500 25x63.6 5,500 5,500 12.6x57 2,500 2,500 12.6x57 2,500 2,500 442 do s. w. c. Mor- 25x75 6,000 5,750 447 do n. W.C.Morton 25x75 7,000 7,000 25x75 6,000 6,000 25x75 6,000 6,000 A K K 1 C\K 1 C\f\ 25x100 t; A A 6,500 6,500 A Kn J « 25x200 /> K A A b ,500 ri e r\ A 6,500 2oxl00 K AAA 5 ,000 5 ,000 nct ^ ^ JliOXlUU K f\{\f\ ,uuu K AAA ,uuu C\r\ J _ n 1 A A 25x100 K AAA 5,000 5,000 c^c\ 1 _ 22 .8x78 A r» C A 4,250 A r» f A 4,250 C\ A J _ A AAA 4,000 4,000 20x77 4,000 4,000 90 do C.Greenwich, 20x77 K K A A 5,500 5,500 25x75 4,250 4,250 24x100 4,800 4,800 O /I -rrl A A 21x100 4 OA A 4,800 A OA A 4,800 24x100 1 OA A 4,800 /I OA A 4,800 80 do c. Greenwich, r) At,- a O 2Ux50 .2 4 PC A A 4 , 500 1 K A A 4,500 1 Wl T> ^ J. r» K 1 A A 25x100 5,000 5,000 25x100 5,000 5,000 r\ • _ i_ 25x109 6,000 6,000 /» o o ,1 „ ox 1 „ AK A 25 .1x90 . 9 6,000 5,750 fiOfC An, U , uuu jl^DU 637 do 25 .1x114 6,000 6 000 639 do 25.1x110 6,000 6 000 641 do s.w.c.BarroWj 50.2x23 5,000 4,750 No. 37 34x100 6,000 6,000 25x100 5,000 5,000 62 REPORT OF SELECT COMMITTEE 61 15x100 5,000 5,000 63 25x100 5,000 5,000 145 25x100 5,000 5,000 149 do 25x100 5,500 5,500 144 do 25x100 5,000 5,000 146 25x100 5,000 5,000 148 do 25x100 5,000 5,000 150 do .... 25x100 5,500 5,500 10 Grove-street, 18x73.6 3,000 2,750 8 do 18x73.6 3,000 2,750 6 do 18x73.6 3,000 2,750 4 do 20x67 3,000 2,750 438 Hudson, n. e. c. Morton, 25x60 6,000 2,750 440 do 12.6x60 2,250 2,250 442 do 12.6x60 2,250 2,250 444 do 12.6x60 2,250 2,250 446 do 12.6x60 2,250 2,250 448 do 12.6x160 2,750 2,750 450 do 12.7x160 2,750 2,750 452 do 12.6x100 2,750 2,750 454 do 12.6x100 2,750 2,750 456 do 25x100 6,000 6,000 458 do 12.6x100 2,750 2,750 460 do 12.6x100 2,750 2,750 462 do s.e. C.Barrow, 25x100 7,500 7,500 464 do n. e. c. Barrow, 24.5x100 7,500 7,500 466 do 12.3x100 2,750 2,750 468 do 12.3x100 2,750 2,750 468^ \ do 12.3x100 2,750 2,750 470 do 12.3x100 2,750 2,750 472 do 12.3x100 2,750 2,750 474 do 12.3x100 2,750 2,750 476 do ........ 12.2x100 2,750 2,750 478 do 12.2x100 2,750 2,750 480 do 24.6x100 6,000 6,000 482 do 24.6x100 D,UUU No. 38. 636 Greenwich,n.w.c. Morton 25.1x60 5,500 5,500 25.1x104 6,000 6,000 ON AFFAIRS OF TRINITY CHURCH. 63 25.1x105.6 6,000 6,000 25.1x107 6,000 6,000 d44 ,1 ^ 16.9x84.6 3,500 3,500 646 16.9x85.6 3,500 3,500 boO 16.9x87.6 3,500 3,500 do 16.9x88.6 3,750 3,750 04 do s.w.c. Barrow. 16 .8x89.6 5,000 5,000 dOo do D.w.c. do 26x80 6,500 6,000 DOo 22x80 4,500 4,500 DOU 19x80 3,750 3,750 662 do 19x100 4,000 4,000 664 do 19x100 4,000 4,000 666 do 19x100 4,000 A AAA 4,000 668 do 19x100 ^ c\f\(\ 4,000 A r\f\f\ 4,000 670 Green wich-st., 19x100 4,000 4,000 672 do 17 .8X.100 SjOOU O PC A A 3,000 617 Wash'n-st,.n.e.c. Leroy, 2oxb0 X K A^i o,oOO (\(\[\ 0,000 619 do Ci t^-rrCi.(\ zoxoU A AAA 4,U0U K AAA 0,UOU 621 . do 25x90 6,000 6,000 623 do 25x90 6,000 6,000 625 do 25x90 6,000 6,000 657 do 26x90 6,000 6,000 531 do s. e. cor. Barrow, 2ox9U 8,000 A K A A 4,000 633 do n.e. cor. Barrow, 26x65 5,750 5,250 641 do 26x106.10 6,000 6,000 643 do 25x108 6,000 6,000 156 Christopher-st., s. e. cor. Warren-st. 25x44.8 6,000 5,500 154 do 5,500 6,000 152 do 25x84 5,000 5,500 150 do 5,000 5,500 148 do 5,000 5,000 146 do 5,000 5,000 144 do 4,500 4,750 No. 39. 465 Hudson-street n. e. cor. Barrow-st., 19.11x83 6,000 6,000 64 REPORT OF SELECT COMMITTEE 467 20x83 $4,750 $4,750 469 do 20x83 4,750 4,750 487 do 36x125 I 17,000 17,000 with rear equal to 36x175 I 489 20x75 4,750 4,750 493 ^ 20x75 4,750 4,750 495 do 20x76 5,000 5,000 497 do fnt ou Christop'r, 20x77 6,000 6,000 499 do s. w. cor. do 23x67 4,500 3,500 160 Earrow-streetj 20x80 3,750 3,750 162 do 20x80 3,750 3,750 164 20x80 3,750 3,750 166 do 20x80 3,760 3,750 643 (jreenwicn-st., n. e. cor. Barrow-st. 32x75 5,500 5,500 645 22x75 4,000 4,000 647 do 22x75 4,000 4,000 649 do 22x75 4,000 4,000 651 do 20x75 3,750 4,000 653 do 20x75 3,750 '3,750 655 do 20x75 3,750 3,750 657 do 20x75 3,750 3,850 661 do 20x75 3,750 3,750 665 do 20x75 3,750 3,750 667 do 20x75 3,750 3,750 669 do 20x75 3,750 3,750 671 20x75 3,750 3,750 673 do 20x75 4,000 3,750 675 do 20x75 4,250 4,000 677 do s.e.cor.Christo'r 15x60.3 6,000 5,500 i yxDU o,UUU o,UUU 138 do 19x60 3,000 3,000 136 19x60 3,000 3,000 134 22x60 3,250 3,250 $5,974,600 i ^5,956,130 Ely's. Dodd's. $6,108,150 000 $6,031,350 00 COMMUNICATION Of the Corporation of Trinity Church in the city of JVew- York^ to the Honorable Mark Spencer^ James JYoxon and J. H. Ramsey^ a Committee of the Senate of the State of JVew-Yoik. To the Honorable Committee of the Senute : The rector, church-wardens and vestrymen of Trinity Church in the city of New- York, beg leave to make the following reply to a note of the committee bearing date on the 2d day of Decem- ber, 1856, asking for certain information touching the matters of the report made by this body to the honorable Senate on the 15th day of February, 1856. The resolutions of the Senate, to which that report was a re- sponse, required the number and names of the persons entitled, under an act to alter the name of the corporation of Trinity Church in New- York, and for other purposes, passed January 25th5 1814, to vote at the annual elections for church-wardens and vestrymen of the present corporation of Trinity Church, specifying those who vote as communicants, and those who vote as pew-holders in the said church, and the names of the per- sons so entitled, who did actually vote at each of the three last elections held for the choice of church-wardens and vestrymen of said corporation. In the report above referred to, this corpo- ration designedly refrained from giving the names, but furnished the number of the persons entitled to vote, and of the persons who did actually vote at the elections referred to in the resolu- tions of the Senate. The vestry took this course because they supposed that the number of the corporators of Trinity Church, either exercising or refraining from the exercise of the privilege of voting at elections, might be material to some point that the Senate might wish to determine, but that the names of such persons could not be material; because the vestry were not 5 66 REPORT OF SELECT COMMITTEE aware that the liberty to inspect a list of such names had ever been refused to any corporator, because the vestry believed that the honorable Senate, upon receiving the report, would not, at least without evidence of such refusal, exert its authority for the enforcement of a mere private right, and much less for the obtaining information of no public importance, which might be sought by individuals who had themselves no legal interest to entitle them to it; and because the vestry being aware that there existed no controversy or disagreement among the members of this corporation, were apprehensive that the publication of the names asked for might be used as the means to enable persons not corporators to attempt to influence and interfere with per- sons who were corporators, and to create dissensions, where now was perfect accord and harmony. The vestry did not, and do not now suppose or intend to intimate that the honorable Sen- ate intended anything more than to procure information deemed by them material for that body to know, to be used only as the means of guiding their discretion in the performance of some legislative act. But parties, not members of the Senate, who by their representations have induced the proposal of the resolu- tions passed by that body, may have been actuated by motives and designs of which the honorable Senate is not cognizant; but as the committee has now reiterated the inquiry of the Senate, the vestry do not consider their objections to making a reply of sufficient importance, to induce them to withhold making answer; they therefore annex Schedule A, showing the names of corporators who are communicants and not pew-holders, and of those who are pew-holders; and also the names of the voters at the several annual elections mentioned in the report to the Senate. These lists are believed to be accurate. For the more full and satisfactory statement of the affairs of this corporation, in their late report to the Senate, the vestry stated amongst other things, the amount of the bonds and mort- gages held by the corporation on 1st May, 1855, a statement not called for by the resolutions of the Senate. It was not then deemed material to include in such statement, bonds and mort- gages of churches, because they are not productive of income, and although the vestry possess the power to foreclose them, ON AFFAIRS OF TRINITY CHURCH. 67 they are in reality only held to secure to the permanent use of the protestant episcopal church of the United States, the church buildings and property, upon the security of which this body has loaned money to other church corporations, for their aid and support. The vestry believe that no measures have been taken to foreclose any of such mortgages or to collect interest upon them, although the interest has been remitted upon one or ;nore of such mortgages, when the lien was about expiring by lapse of time, upon an agreement being made to revive such lien. A schedule of such mortgages marked B, is hereto annexed, show- ing in respect to each mortgage its date, the names of the mort- gagors, and the amount secured thereby, and unpaid. The vestry also annex a schedule C , showing the same particulars of certain productive mortgages, received since 1st May, 1855. Since that date the principal sum of ^31,300 has been realized from the payment of mortgages then held by the corporation. These two schedules, B and C, compehend all the securities deemed of any value, which are now held by this corporation, and not comprised in their last report. The vestry desire to make the following explanation in regard to the inadvertent omission in their former report, to state amongst the real estate held by this corporation, their interest in St. John's Park, on Hudson Square. The ground comprehended in this square for- merly belonged to the corporation of Trinity church, as well as the lots of land fronting on the streets opposite the same, and had been laid out to the intent that it should be and remain an ornamental square or park for the common resort, recreation and enjoyment of the persons who might purchase or might be or become lessees of lots fronting towards the same, and ol their families under suitable provisions and conditions for the support and maintenance of such square, by such owners. Subsequently the church sold all the lots fronting the square, excepting only the land now occupied by St. John's chapel and the parsonage adjoining the same; and on the twenty-second day of May, 1827, the church executed, with the adjoining owners, a declaration of trust by which it was agreed that this corporation should and would forever hold and stand seised of the square, upon trust to preserve and continue the same forever hereafter as a private 68 REPORT OF SELECT COMMITTEE ornamental park or square, for tlie common resort and recreation of all the adjoining owners, their heirs and assigns and of their tenants; with the provision that the same should be maintained, managed and controlled by the adjacent owners, and that all taxes, assessments and charges upon the same should be paid by them ; the Church always to pay its part of all expenses in pro- portion to its ownership of adjacent land. This declaration of trust however contained a provision that if at any time thereafter this corporation and so many of the adjacent owners as should together hold and possess two-thirds of the lots fronting the square, should, by writing under their respective seals, mutually agree upon any other disposition to be made of said park, then it should be lawful tor this corporation, in their discretion to dis- pose of, sell and convey the said park or square in such manner and for such purposes as should or might be expressed in such writing; it being understood and expressly agreed that in case of such disposition all the adjacent owners (including the church) should severally participate in and enjoy the benefits thence resulting, according to the actual extent in front of the land which they might severally own fronting the square. At the time of preparing the last report by this body to the Senate, so long time had elapsed since a resort for any purpose had been had to the above-mentioned declaration of trust, that it was not remembered that the corporation retained any benefi- cial property in the square, which might, under certain contin- gencies, prove of large value, or indeed, of any value. After, however, the report had been transmitted to the Senate, applica- tion to this vestry was made by more than two-thirds of the adjoining proprietors, asking that this corporation would assent to a sale of the whole Square to the government of the United States, for the erection thereupon of public buildings; and after much hesitation, and after great importunity by the adjacent owners, the vestry declared, by resolution, that they would assent to such sale, provided it were made at such a price as that the proportion of the proceeds to come to the church should amount to the sum of $400,000. This, and this only, was the w^hole action of the vestry, in relation to the subject. Consider- ations of the public advantage, by keeping the grounds open as ON AFFAIRS OF TRINITY CHURCH. 69 an ornamental square, and of the apprehended injurious effect upon the numbers attending St. John's chapel, were the cause of much doubt whether this body ought to yield to the wish of the owners, and determine the vestry not to consent to a sale for any price except a very large one; the naming of which was only reached after much discussion and opposition, and probably was only assented to by several, under the persuasion that a sale for such price could not be made. The contingency under which the interest of Trinity church in Hudson's park would be productive of value, was never ex- pected to arrive, and as the result shows, has not occurred and may never occur. The vestry have never included this property in any of their reports to the Legislature The committee of the Senate, in their above-mentioned note, request that this body will set forth a schedule, stating the real value of each lot or parcel of land held by this corporation, irrespective of the leases thereon. The vestry, in their last, as well as in all previous re- ports on this subject, furnished the value of the real estate referred to, as estimated for purposes of taxation, by sworn offi- cers of the city. This estimate was expressly stated, in the last report, to be the valuation therein reported, and was made the basis of all the calculations therein contained. Doubtless, many of the lots comprised in the schedules annexed to that report, are worth more than is therein set down, and many less. The vestry did not intend to depreciate the value of the property of the corporation, but merely to give the only accessible estimate, expecting it to receive such credit, and such credit only, to which it might be justly entitled. But statements upon such questions are mere matters of opinion ; and the vestry are unable to agree upon any estimate of their own; nor do they think it right that they should discredit an official valuation of their real estate upon the basis of which the tenants are bound to pay the taxes and assessments. The vestry regret, that for these reasons they are unable to give any further answer on this point than that contained in their report. WM. E. DUNSCOMB, Comptroller, EXHIBIT J. SCHEDULE A. Barnes of Corporators who are Communicants and not Pew-holders : Willidm H. Hobart, Cyrus Curtiss, John A. Dix, Abel T. An- derson, John H. Andrews, Horace B. Alexander, Benjamin B. Barnes, Anthony Barclay, Morton Bullus, Benjamin 1. Barnes, Mathew Campbell, James N. Croft, Thomas A. Demilt, John Duncan, James B. Douglass, Orlando P. Dorman, William Berrian, Edward Y. Higbee, Benjamin I. Haight, John H. Hobart, Sulli- van H. Weston, Francis Vinton, Frederick Ogilby, Morgan Dix, John F. Young, Henry Weld, Thomas Maslin, John Dugan, Ed- ward Hodges, William H. Walter, Michael Erben, Dayton Ho- bart, Joseph T. Harris, John Hart, Alexander C. Hintou, Samuel G. Huntington, Hodge, Nelson Jarvis, James Knight, Kissam, Adam D. Livingston, Eugene Ledentre, Nathaniel F. Moore, John A. Mitchell, John G.^Mott, Walter T. Marvin, John P. Miller, William P. Morgan, John Maunder, James Neeves, Thomas W. Ogden, John H. Oakley, Alfred Ogden, Charles H. Ogden, Jehiel I. Post, George Starr, Ogden Southmayd, Shearjus- hut Spooner, William W. Voorhis, John L. Vandervoort, Thomas Walke, Edward Windust, James Btown, William Bartlett, Jere- miah L. Clark, James Carruthers^ John C. Clarkson, Clark- son, Smith Clift, William G. Campbell, Henry F. Drisler, Goddard, William A. Guest, A. M. Hart, Thomas Halen, Lewis B. Henry, Charles Hickman, Jeremiah F. Jenkins, Mathias I. Miller, George C. Morgan, Pliny S. Mills, George C. Pennell, Horace Reid, John P. Bitter, John Trenor, Timothy Tredwell, James A. Underhill, Alfred Underbill, Ozier B. Wilson, Alex- ander Walker, C. B. Willson, I. B. Wilson.— Number, 92. ON AFFAIRS OF TRINITY CHURCH. 71 Jfames of Corporators as Pew-holders. William Sharpe, Alfred Wagstaff, George W. Welles, Thomas Warner, Edward Neiifville, Richard Ebbets, Samuel S. Duns- comb, Herman Leroy, Ebenezer Irving, I. C. Corp, William Corp, Robert Cambridge Livingston, William H. Harrison, Wil- liam Van Hook, Marcus F. Hodges, David Ljdig, Francis R. Tillou, Augustus Hammet, George G. Sickles, Joseph Drake, William G. Hajdock, Louis Loutrell, John B. Schenelzel, Alex- ander McDonald, Ephriam Treadwell, William B. Ballow, Philip Embury, George P. Cammann, John W^ebb, Robert Hyslop, John D. Willams, James F Depeyster, Henry Youngs, Christo- pher Heiser, John H. Howland, Samuel V. Hoffman, Walter R. Jones, Henry Suydam, Peter M. Suydam, Calvin Durand, William C. Hey ward, Anthony J. Bleeker, Peter Goelet, i^augh- ton Osborn, Anthony B. McDonald, Adam Norrie, William C. Dusenbury, Clermont Livingston, W. Q. Morton, H. Morton, Joseph D. Beers, Lewis Curtis, John A. Willink, Herman Thorne, John Lloyd, James Jones, D. P. Campbell, William H. Win- throp, William Kemble, John A. King, Charles King, Robert S. Hone, T. W. Canning Moore, Thomas B. Gumming, William C. Anderson, George Jones, Lewis C. Hamersly, Thomas W. Ludlow, David Clarkson, Thomas Bolton, Gulian C. Verplanck, Alexander Watts, John P. Nesmith, Richard D. Van Wagenen, John Newbould, John Warren, John J. Boyd, Francis Cottenet, John D. Ogden, H. C. De Rham, Thomas D. Moore, Robert Dumont, Christopher Milderherger, John McVickar, Edmund Elmendorf, Gabriel Winter, Cornelius Oakley, Joseph Batten, Charles Brown, David D . Lyon, Hazleton Walkley, Edward P. Cooke, Frederick Pentz, John Pentz, George Bell, Richard H. Ogden, John David Wolfe, Nicholas S. Ludlam, Henry J. Seaman, Alexander Gotheal^ John Strang, John A. Talman, Abraham R. Lawrence, Christr.pher Wolfe, George T. Strong, William H. Shipman, James A. Moore, Joshua Jones, Humphrey Rickertson, Nathaniel Ferris, Thomas Gibson, James Warren, Francis V. Many, Charles H. Clayton, John H. Contoit, Theodore F. Brett, Richard M. Lawrence, J^cob S. Piatt, David Rogers, John R. Livingston, John Q. Jones, John P. Mumford, Edward J, Innes, 72 RlLi'ORT OF SELECT COMMITTEE. Joseph p. Pirsson, William H. Falls, Charles W. Sanford, John Alstyne, Albert G. Thorp, Archibald G.Rogers, Alfred Ashj5eldy William H. Priest, Charles N. S. Rowland, James Pirsson, Tim- othy T. Kissam, Henry Pitcher, Martin Hoffman, Thomas C. Taylor, William Watson, William E. Dnnscomb, Joseph Hough, Thomas H. Thomas, John Ridley, Richard E. Mount, Alpheus Banning, George N. Stebbins, David Reid, Charles Anthon^ Talman Booth, John Langdon, E. W, Candee^ Thomas Holyoke^ John B. Miller, George A. Baker, John Leconte, John B. Pell,. B. Aycrigg, Frederick R. Spencer, Peter Erben, John S. Smithy Theodore Peck, William G. Hammond,. Joseph Willoughby, J. E. Capert, Thomas R. Ackly,.John Horspooly David Cotheal, Thomas Gibbs, James Hillyer, Eli White, William Lowerre,. Albert Jour- neay, Jr , James Wallace, Thomas N. Stanford, C. B. Ostrander^ Edward E. Sanderson, William Moore^ James Barrow, George Bruce, Levinus Clarkson, Jr., George Brooks, Samuel T. Skid- more, Clement C. Moore, John R. McComb,. Selah Van Duzer, James Benkard^ Daniel M. Frey, James C. Parker, Thomas C. Winthrop, Charles McAuly^ Samuel Burrell^ Richard Lawrence, Albert Janeway, Jonathan J. Coddington, Cornelius Purely, Wil- liam McCall, Thomas C. Butler, William Kemble, John Atwill, Edward Dickson, John Duncan, John Johnson, John Barker^ John C. Hamilton^ John C. Smith, James Campbell, Lindley M. Hoffman, Thomas Maslin, Sidney Mason, Philip Burrell, Alex- ander Meaken, James W. Bleeker, George InneSy George M. Ogden, Lyman DenisoUy Thomas W. Ludlow, Richard M. Hari- son, John H. Conner, Joseph R. Bleeker, George R. L Bowdoin^ Thomas Brown, Louis L Piatt. — ^Number, 221. The J^ames of the Voters at the Annual Election J or Church Wardens and Vestrymen of Trinity Church in the City of ^ew-Yorky in each of the years next mentioned^ mere respectively as follows : In the year 1846. James F. DePeyster, Peter Erben^ E. W. Butler, Richard Whitey, Joseph Dacuna, William A. Stichner,; A. L. Underhill,. L. W. Noxtouy Francis V. Many, Joseph D. Beers, Elam |Bliss, Robert Hyslop, William Van Hook^ Samuel Whitney, John A. Willink, Joseph Skillman, William H. Harrison, John Webb, ON AFFAIRS OF TSINITY CHURCH. 73 Charles Burdett, Edward W. Laight, John LeMaire^ Henry Cotheal, Archibald G. Rogers, Peter Embury, John Battin, Talbot Pirsson, John E. Isley, Philip Hone, William Johnson^ Thomas Bolton, Thomas B. Cuming, George Jones, John T. At- kinson, Gulian C. Verplanck, Garret Storm^ Nicholas S. Ludlam^ Thomas H. Thomas, Mr.- Lee, Thomas Crow, John P. Mum- ford, Adam Tredwell, James A. Sparks, John H. Whittaker^ John H. Swift, Theodore M. Tuttle, Thomas D. Moore, Cornelius Oakley, Humphrey D. Ricketson^ Edmund Morewood, Alex- ander L. McDonald, George Brooks, Henry Youngs, Abraham Warner, Elias G.. Drake, Thomas C. Butler, Joseph P. Pirsson, Jr., H. D. Neal, James J, Jones, William H. Hobart. Moses 0. Cuftis, Benjamin W. Rogers, Anthony B. McDonald, Richard Sill, Thomas L. Clark, William W. L. Voorhis, Philip Henry, Nelson Jarvis, William Barnes, William E. Dunscomb, Peter A, Mesier, Charles W. Hackley, Alexander J. Cotheal, Theodore Phillips, Robert R. Greele, Anthony J. Bleecker, David Lyon, Charles N. S. Rowland, David B. Ogden, Alpheus Banning, Edward T. Higbee, Charles Osborne, Edward Hodges, Jeremiah L. Clark, Nathaniel F. Moore, William Kemble, John W. Pirs- son, William Moore, Thomas B, C. Berrian, David Cotheal^ Francis R. Tillou, Thomas Brown, Samuel G. Raymond, Stuart F. Randolph, John Morrison, James Barron, William Berrian,, Theophilus Peck. — Number 97. Voters for the year 1847. Cornelius Oakley, A. B. McDonald, J. P. Atkinson, William H. Morrison, Gulian C. Verplanek, William Berrian, Dr. Edward Hodges, Thomas W^arner, M. J. Miller, Joseph D. Beers, Antho- ny J. Bleecker, Lewis Curtis, Philip Hone^ Garret Storm, David B. Ogden, Humphrey Ricketson^ Thomas W. Ogden, William W. Voorhis, Adam Tredwell, William E. Dunscomb, Thomas L. Clark, John H. Tallman, William Barnes, John P. Mumford, David D. Lyon, Philip Henry, Nelson Jarvis, Anthony L. Under- bill, Henry Cotheal, T. T. Kissam, Alexander J. Cotheal, Thomas C. Butler, William Morris, T. S. Brown, Samuel G. Raymond, Alexander L. McDonald, Henry Youngs, James Barron, James C. Hooker, Robert Hyslop, John Morrison, Charles Osborn David CotheaL — Number 43. 74 REPORT OF SELECT COMMITTEE Voters for the Year 1848. Rev. Edward T. Higbee, Cornelius Oakley, David B. Ogden, Rev. William Berrian, William H. Harison, Edward Hodges, Gulian C. Verplanck, Matthias G. Miller, David D. Lyon, Dayton Hobart, A. B. McDonald, John R. Livingston, jr., Rev. Martin P. Parks, Adam Tredwell, William E. Dunscomb, Rev. William Morris, William W. L. Voorhis, Edward W. Laight, William Barnes, Thomas L. Clark, Philip Henry, William H. Priest, Alexander L Cotheal, Richard E. Mount, Thomas C. Butler, Joseph P. Pirsson, John W. Pirsson, Thomas B. C. Berrian, Alexander L. McDonald, Samuel T. Skidmore, Charles Osborn, John Webb, Henry Youngs, Samuel G. Raymond, John C. Ball, David Cotheal, Robert Hyslop. JVumher^ 37. Voters for the Year 1849. William W. Bours, John R. Livingston, jr., William H. Hari- son, Anthony J. Bleecker, Edward T. Higbee, Gulian C. Ver- planck, John Lloyd, Edward Hodges, Philip Hone, David B. Ogden, George C. Morgan, Dayton Hobart, A. B. McDonald, H. Morton, David D. Lyon, E. M. Peck, George Starr, John Al- styne, John W. Pirsson, Richard Mount, Cornelius Oakley, Ed- ward W. Laight, Joseph Battin, Theodore M. Tuthill, William H. Walter, Alexander J. Cotheal, William W. L. Voorhies, Thomas L. Clark, Edwin B. Clayton, Adam Tredwell, Alpheus Banning, Nicholas S. Ludlam, William E. Dunscomb, Thomas W. Ogden, David Cotheal, William Moore, Alexander L. Mc- Donald, Samuel T. Skidmore, Peter Erben, James Campbell, Elias G. Drake, Joseph Skillman, sen., Thomas Brown, Henry Youngs, Samuel G. Raymond, Philip Henry, Peter Embury, Abraham B. Skillman, John Scoles, John Morgan, John C. Zim- merman, James Barrow, Robert Hyslop, George R. J. Bowdoin. JYumber^ 54. Voters for the Year 1850. John R. Livingston, jr., William Berrian, Rev. Edward T. Higbee, William H. Harison, Samuel S. Dunscomb, Wm. Cox Dusenbury, Gulian C. Verplanck, Matthias I Miller, David D. Lyon, Cornelius Oakley, Adam Tredwell, William E. Dunscomb, Thomas L. Clark, Edward W. Laight, William H. Walter, E. B. ON AFFAIRS OF TRINITY CHURCH. 75 Clayton, Thomas C. Butler, Alexander L. McDonald, Samuel T. Skidmore, Philip Henry, Henry Youngs H. D. Neil, Thomas Brown. JYumber^ 23. Voters for the Year 1851. Jeremiah F. Jenkins, Franklin Babbett, Anthony J. Bleecker, Edward T, Higbee, William H. Harrison, William Berrian, John R. Livingston, Jr., Samuel S. Dunscomb, John P. Nesmith, George T. Strong, Archibald G. Rogers, John Lloyd, Cyrus Cur- tiss, David D. Lyon, John I. Boyd, Matthew I. Miller, William Corp, John C. Corp, Dayton Hobart, George C. Morgan, Gulian C. Verplanck, Edward Hodges, George Jones, John H. Brewster, William S. Ludlam, Edward W. Laight, William E. Dunscomb, Cornelius Oakley, Henry Weld, John P. Mumford, Thomas L. Clark, William H. Walter, James Neeves, Richard H. Ogden, Charles N. S. Rowland, Thomas W. Ogden, Nelson Jarvis, Nich- olas S. Ludlam, Edwin B. Clayton, Henry I Seaman, William H. Falls, Alpheus Banning, John Alstyne, Samuel Bell, John H. Tallman, Nathaniel F. Moore, Thomas C. Butler, Morgan Dix, Samuel T. Skidmore, Alexander L. McDonald, James Campbell, James Barrow, Philip Henry, Thomas C. Winthrop, Jonathan I. Coddington, James Wallace, Thomas Brown, John L. Yander- uoortj Henry D. Neal, Henry Youngs, Thomas Maslin, Abraham B. Skillman, Joseph Skillman, Sen., Stuart F. Randolph, David Cotheal. JYumber^ 65. Voters for the Year 1852. John R. Livingston, Samuel S. Dunscomb, Edward Hodges, George Templeton Strong, Cyrus Curtiss, David D. Lyon, Peter Erben, Wm. H. Harison, Wm. Berrian, Anthony J. Bleecker, Joseph Hough, A. B. McDonald, Edwin B. Clayton, Henry Weld, Corlelins Oakley, Thomas L. Clark, William E. Dunscomb, William H. Falls, Nelson Jarvis, George P. Cammann, Thomas C. Butler, Philip Henry, Morgan Dix, Henry Youngs, Alex. L. McDonald, Samuel T. Skidmore, Thomas Maslin, James Barron^ William Moore, J\^umberj 29. Voters for the Yei.r 1853. J. S. B. Hodges, Jeremiah Jenkins, R. William Berrian, John R. Livingston, William H. Harison, Anthony J. Bleecker, Thomas 76 REPORT OF SELECT COMMITTEE. F. Frank, David Lyon, Peter Erben, Daniel Sheldon, George C Morgan, William Penn Morgan, John I. Boyd, John P. Nesmith^ Edward Hodges, Ferdinand Lawrence, Cyrus Curtiss, Joseph D. ^eers, John H. Oley, John F. Miller, Samuel S. Dunscomb, James Brown, Anthony B. McDonald, Matthias I. Miller, Lewis Philips, James F. Otis, Robert Cambridge Livingston, George 1. Rogers, Charles N. S. Rowland, Edward N. Peck, Archibald Rogers, John A. Mitchell, Edward N. Rogers, Rev. Benj. I. Haight, Thomas L. Clark, Thomas A. Demilt, Edward Windust, James Nevis, Ozier B. Wilson, Nicholas S. Ludlam, John Alstyne, Henry Weld, John G. Mott, Thomas W. Ogden, Richard H. Ogden, Frederick Pentz, Matthew Campbell, W^illiam E. Duns- comb, Francis V. Many, Thomas D. Moore, Joseph P. Pirsson, Philip Henry, John Hart, M. D., John Paige Mumford, George T. Adee, James Wallace, Thomas C. Butler, John H. Murphy, Samuel T. Skidmore, Samuel Burrell, Thomas C. McRae, Thomas Brown, William S. Campbell, John P. Ritter, John Balkley, Jr., Thomas C. Winthrop, Joseph R. Bleecker, John H. Cornell, John Duncan, Abraham B. Skillman, Alexander Walker, George P. Cammann, Lewis B. Henry, Robert Hyslop, Clement C. Moore, William Moore, Alex. L. McDonald, C. V. B. Ostrander, Henry Youngs, Nathaniel F. Moore, David Cotheal, Peter Embury, William B. Ballon, Dayton Hobart, John Lloyd, Thomas W. C. Moore, George C. Fennell, George T. Strong, Cornelius Oakley, John H. Tallman, William H. Walter, Jehiel I. Post, John H. Andrews, William W. L. Voorhies, Joseph Hough, Pliny S. Mills, Abraham R. Lawrence, John D. Ogden, M. D., Richard M. Lau- rence, Alexander L Cotheal, Prof. Charles W. Hackley, Samuel Rogers, William Hinton, Alexander Chalmers Hinton, Alpheus Banning, Anthony Barclay, John McVickar, William H. Falls, John A. Moore, Nelson Jarvis, Charles Hickman, Samuel Jones, Thomas Maslin, John S. Smith, Ogden Southmayd, John Webb, Louis Loutrel, Theophilus Peck, Elias G. Drake, William G. Haycock, John L. Yandervoort, John Morison, Abel T. Ander- son, Francis R. Tillou, John A. Dix^ James Bargon, Jonathan L Coddington. JYumber 127. ON AFFAIRS OF TRINITY CHURCH. 77 Votes for the Year 1854. Rev. Dr. Higbee, George T. Strong, John R. Livingston, Thos. Scott, A. B. McDonald, Samuel S. Dunscomb, David D'. Lyon, Daniel Sheldon, Cyrus Curtiss, John S. Mumford, Pliny S. Mills, John H. Tallman, Richard H. Ogden, William E. Dunscomb, John A. Mitchell, Thomas A. Demilt, Henry Weld, Cornelius Oakley, Nicholas S. Ludlam, Thomas C. Butler, Samuel T. Skid- more, A. L. McDonald, Henry Youngs, Robert Hyslop, Abel T. Anderson, Thomas Maslin. JYumber^ 26. Voters for the Year 1855. Dr. Edward Hodges, John H. Oley, Charles H. Oley, William H. Harison, John R. Livingston, Matthias J. Miller, D. D. Lyon, A. B. McDonald, A. J. Blacke, Samuel S. Dunscomb, John Du- gan, Cyrus Curtiss, William Berrian, John P. Mumford, Henry Richard H. Ogden, William H. Walter, John A. Mitchell, Cor- nelius Oakley, William H. Falls, Nicholas S. Ludlam, William E. Dunscomb, Thomas C. Butler, Theophilus Peck, Thomas Brown, R. M. Harison, Samuel T. Skidmore, A. L. McDonald, Henry Youngs, George P. Cammann, Henry Erben, Thomas Mas- lin. JVumber^ 32. SCHEDULE B. Names of Mortgagors and Date. Principal amount, due and unpaid. St. Paul's church, Poughkeepsie, April 26, 1839,.. $5,000 00 St. Ann's do Port Jackson, formerly Amster- dam, Sept. 7, 1838, 1,500 00 St. Bartholomew's church, N. Y., June 1, 1837,.... 20,000 00 St. John's church, Medina, Orleans county, Febru- ary 5, 1838, 1,500 00 Grace church. South Middleton, Orange county, Jan. 12, 1852, 1,750 00 Grace church, Rochester, July 31, 1834, 3,500 00 St. Clement's church, N. Y., Oct. 24, 1836, 15,000 00 St. Philip's do do Aug. 4, 1835, 9,000 00 St. Luke's do do May 2, 1839, 15,000 00 St. Paul's do Richmond, Ontario county, Oct. 16, 1849, 500 00 78 REPORT OF SELECT COMMITTEE Names of Mortgagors and Date. Principal amount due and unpaid. St. Paul's church, Kinderhook, Columbia county. May 17, 1852, $1,000 00 St. John's ch'h, Clyde, Wayne county, Mar. 11,1853, 800 00 St. Mary's church, Beekman, Dutchess county, April 13, 1853, 900 00 Church of the Intercession, N. Y., April 13, 1852. . . 1 ,000 00 Christ Church, Tarrytown, July 9, 1852, 1,000 00 Church of the Annunciation, N. Y., May 3, 1839,. . 6,000 00 St. Peter's church, N. Y., June 14, 1837, 25,000 00 Zion do Rome, Oct. 11, 1852, 1,000 00 Calvary do Utica, Sept. 28, 1852, 500 00 St. Paul's do Syracuse, March 11, 1835, 1 ,800 00 St. Luke's do Brooklyn, March 23, 1842, 1 ,500 00 Christ do Oyster Bay, L. I., July 27, 1844, 600 00 S. Paul's church. Pleasant Valley, Dutchess county, May 15, 1847, 500 00 Church of the Holy Apostles, N. Y., Sept. 16, 1847, 2,000 00 do do do Feb. 18,1847,. 4,000 00 Zion church, N. Y., April 27, 1853, 7,000 00 St. Luke's church, N. Y., June 9, 1851, 1,400 00 Church of St. John the Baptist, N. Y., Nov, 12, 1850, 800 00 do the Epiphany, Oct. 27, 1847, 5,486 02 St. John's church, Brooklyn, April 11, 1827, ...... 4,000 00 S. Thomas's do Amenia, Dutchess county, July 17,1851, 500 00 Trinity church, West Troy, Oct. 7, 1851, 1,000 00 St. Peter's do Peekskill, March 19, 1839, 1,000 00 St. John's do Kingston, Ulster county, June 26, 1839, 1,700 00 St. Luke's church, Rosseville, Staten Island, May 15, 1846, 1,500 00 St. Mary's church, Castleton, Richmond county, July 5, 1853, 1,000 00 St. Mark's church, Newark, Wayne county. May 9, 1854, , 500 00 Trinity church, Granville, Wayne county, Dec. 3, 1851, 1,000 00 ON AFFAIRS OF TRINITY CHURCH. 79 Names of Mortgagors and Dates. Principal amount due and unpaid. Grace church, Clinton, St. Lawrence county, Feb. 1, 1843, §500 00 Grace church, Waterville, Oneida, Dec. 31, 1852,. . 1 ,000 00 *St. Thomas's church, New-York, May 9, 1831,. . . . 20,000 00 Church of the Nativity, New- York, April 13, 1837, 7,200 00 St. Barnabas church, Dearman, April 18, 1854, 1,000 00 Church of St. John the Evangelist, Stockport, Co- lumbia county, Nov. 9, 1851, 1,000 00 Christ Protestant Episcopal church, New-York, April 29, 1853, 25,000 00 Grace church, Albany, Oct. 17, 1853, 1 ,000 00 All Saints church, N.Y., 5 ^Sy^JJzVlS^^ '''''' St. Andrew's do Harlaem, Jan. 21,1834, 4,000 00 St. Mary's do Manhattanville, July 22, 1836, 1,289 13 Christ do Coxsackie, July 5, 1853, 500 00 Calvary do Williamsburgh, Nov. 5, 1853,. . 500 00 St. Mark's do do May 12, 1853,. 6,000 00 St. Paul's do do 400 00 Church of the Annunciation, on 14th-st.5 N. Y., Feb. 18, 1854, 5,000 00 Church of the Holy Evangelists, and St. George's chapel, N. Y., July 21, 1851, 50,000 00 Church of Ascension, Green Point, King's county, Sept. 14, 1855, 1,000 00 Church of the Messiah, Greenbiish, county of Rcds- selaer^JuIy 31, 1855, 1,500 00 Church of the Messiah, Rhinebeck, Dutchess county, Sept. 15, 1855, 1,000 00 Assignment, Samuel P. Townsend's bonds on the church of the Holy Innocents, N. Y.,Dec. 10,1853, 500 00 St. Luke's church, Jamestown, Chautauque county, Dec. 21, 1855, 1,000 00 Christ church, Coxsackie, Greene county, Jan. 29, 1856, 1,000 00- *AU of the above bear interest from daie, except St. Thomas'' church, N. Y., •which bears interest from May &, 1856. 80 REPORT OF SELECT COMMITTEE Names of Mortgagors and Date. Principal amount due and unpaid Grace church, Brooklyn Heights, May, 1849, $8,000 00 All Saint's church, Feb. 21, 1829, 5,000 00 do Sept. 20, 1856, 8,000 00 St. Luke's church, Mechanicsville, Saratoga county Nov, 17, 1856, , 500 00 Trinity church, Haverstraw, April 17, 1856, 1,200 00 Church of the Messiah, Glen's Falls, Nov. 12, 1856, 2,000 00 St. Paul's church, Williamsburgh, June 28, 1850,.. 1,000 00 do do Nov. 1, 1856,. .. 500 00 $319,525 15 SCHEDULE C. NAMES OF MORTGAGORS. Date. Principal and am'nt due and unpaid. Principal. Interest from. James M. Tuthill, do James H. Noe, Matthias Clark, Alvin Higgins, Alex'r M. L. Scott, Mar. 24,1856, Apr. 21, 1856, do do do do July 1, 1856, $8,000 00 10,000 00 10,000 00 8,000 00 4,000 00 13,000 00 6,000 00 Sept.24, 1856. Nov. 1, 1856. do do do do July 1, 1856 State of New- York, ) City and County of JYew York. ^ We, the corporation called the Rector, Church- war dens, and Vestrymen of Trinity Church, in the city of New- York, do here- by certify and declare the preceding to be the supplemental report of said corporation, adopted on the 16th day December, instant, made in response to a note of the Honorable Mark Spen- cer, James Noxon, and Joseph H. Ramsey, a committee of the Honorable the Senate of this State, dated the 2d day of Decem- ber, instant, and that William E. Dunscomb, Esquire, by whom the said supplemental report is signed, is the comptroller of the said corporation. In witness whereof we have caused our seal to be here- [l. s.] unto affixed, this eighteenth day of December, in the year of our Lord one thousand eight hundred and fifty-six. By order of the Corporation of Trinity Church, in the city of New-York. RICHARD HAYDEN, Clerk of the Vestry, ON AFFAIRS OF TRINITY CHURCH. 81 To the Honorable Mark Spencer^ James JYoocorij and Joseph H. Ram- sey ^ a committee of the Honorable the Senate of the State of JYew- York : I, William E. Dunscomb, of the city of New- York, do hereby certify and declare that I am the comptroller of the corporation styled the Rector, Church-wardens, and Vestrymen of of Trinity Church, in the city of New- York, and that it is part of my duty to keep the books and accounts of said corporation; that the preceding supplemental report to the committee above-named, with the schedules annexed, marked respectively A, B, and C, have been made out by me or under my direction; that I know the contents thereof, and believe the same to be in all respects just and true. WM. E. DUNSCOMB, Comptroller. Dated December ISth, 1856. 6 EXHIBIT M. Examination of the Report of the Vestry of Trinity Church before Committee appointed by the Senate. New- York, 2d December, 1856. Present, Committee — Mark Spencer, James Noxon, Joseph Ramsey. Frederick M. Winston , sworn. — Q. Have you made yourself acquainted with the mortgages held by Trinity Church 1 A. Yes, sir. Q. Did you obtain your knowledge from the office of the reg- ister? A. I did. Q. Have you also examined the register's office for all the mortgages of Trinity Church ? A. Yes, sir. Q. Is this a true account of said mortgages? A. It is, I believe^ Q. Are these all the mortgages on the record from the begin- ning? A. I believe they are. Papers rendered by F. M. Winston marked exhibits A. and B. Copy of letter to vestry of Trinity Church, 29th November, on file, marked C. Reply of Trinity Church to above communication, on file, marked D. Copy of answer to Trinity Church, on file, marked E. Adjourned to 3d instant, 10 A. M. 3rf December J 1856—10 ^. M, Committee met — Present, all the members. Charles H. Clayton sworn. — Q. Do you belong to the congre- gation of Trinity Church? A. Yes, sir. Q. Which one? A. Trinity chapel. Q. As one of the corporators ? A. We hire a pew in 4he chapel ; there are no corporators there as pew holders; a pew hold- er is not a voter except he be a communicant; they have raised ON AFFAIRS OF TRINITY CHURCH. 83 the base within a few months by which I hold my pew ; this is now the mode in which the pews are let. Lease left, filed F. The lease lasted one year when the alteration was made ; change took place about the last of last April. 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 do not. John W, Ritck^ architect^ stwrn. — Have resided in the city of New- York since 1830 ; have been engaged as architect daily since 2d March, 1834, in this city ; have been in business for my- self since 1846. My business is principally improving property to make it productive to the owners ; have made many designs for buildings in all parts of the city, and consider myself able to judge of the value of real estate in all parts of the city. Have had before me a pamphlet schedule submitted to the Legislature by Trinity Church, and from that have made a sketch of all lots therein mentioned^ and as accurately as possible without an actual survey. These maps are copies from the tax commis- sioners' office, made by surveyors employed by city officers to make assessmentSc The values placed upon the lots by me are believed to be accurate. This map of the city of New- York, shows by the red patches upon it the property owned by Trinity Church. One lot, 76 Chambers-street, I know, sold for $16,000, an actual sale, afterwards for $30,0U0, which was abandoned, since for $37,500, an actual sale, and is now worth $50,000, not the property of Trinity Church but in the immediate neigborhood My valuation is cash, for the ground only, what it would bring at auction at the Merchants' Exchange to-morrow. Ahner L. Ely^ sworn. — Reside in Green-street^ am agent for the care of real estate, agent for the estates A. Loubat, C. F. Moulton and all the London branch of the Astor family. My occupation has led me to have acquaintance with property in all parts of the city ; have appraised property for insurance compa- 84 REPORT OF SELECT COMMITTED nies to loan upon. I have looked at all the maps made by Mr Ritch 5 have put a valuation upon a majority where they were regular lots, which schedule of valuation he leaves and is marked. Said estimate of valuation is what it will bring for cash in the auction room. There are a number of irregular lots on map 20^ upon which I have put no valuation, also on map 22, also on map 32 ; have estimated according to what property immediately- opposite has rented for on short leases. The value of property has increased very much within a few years, from Fulton to Eeade-street. I esteem the present market price too high to warrant permanent investments between those streets, and there- fore the prices might be unjust to fix as the basis for the terms of a new lease of twenty-one years. The property from Reade to Canal-streets, is now changing, and there have been but few sales recently, from which to fix the present cash value. Rev. John Henry Hohart^sworn. — Am assistant minister of Trinity Church ; have been minister in the parish eight years. 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 ? A. I believe at present that there is a desire to make their property the most available ; I believe that in certain matters, more might have been done to make the property available. Edward G. Higbee, sworn, — Have been assistant minister iu Trinity Church for about eighteen years. 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. Almost from the period of my connection with the parish, there have been circumstances which have prevented in some degree the full benefit to be derived from this fund. I am at present not able to answer whether the vestry have done the most to make the fund so available. I understand that all communicants for one year preceding the election, and all persons holding a pew ON AFFAIRS OF TRINITY CHURCH. 85 ^direct from the vestry, have the right to vote. I have never been able to see a list of the corporators of Trinity Church. Dr. Wainwright and myself have made several efforts to obtain such a list unsuccessfully. Dr. Wainwright after being made bishop, told me he did receive such a list. The list is kept in the office of Trinity Church, and in charge of the controller ; on making enquiries for such a list, was told it was in the joint charge of said controller and rector. There was an ordinance of the vestry interfering in some respects with the privilege of voting in Trinity Chapel for a time, which was subsequently rescinded, Jesse Pound J sworn : Am clergyman in the Protestant Episcopal church, have been so for eighteen years in this city; was con- siderably acquainted with the proceedings of Trinity Church in managing their fund. I do not consider the trust has been ad- ministered in such a way as best to promote the object for which it was given. Their course, in certain instances, to my knowl- edge has been partial. I apeak of their partiality as a fact, to my certain knowledge. It is a notorious fact, that while some churches have had aid to an excessive amount, others have been entirely cut off or proscribed. My period of ministry here ex- pired the first of May last; had charge of a free church in this city, principally attended by people who had no means of hiring their own seats. There was not a wealthy individual in the con- gregation; applied to Trinity church for aid to sustain the church, which was granted; a partial aid; $400, for several years, then reduced; then a movement was made to withdraw it. This was the first church founded in the city by individual charity. For some reason, a prejudice was conceived; a proscriptive course towards it adopted and pursued. After fourteen years, the church died out. Six months after this took place, a full state- ment was made to Trinity Church of the condition and prospects of the church, with the purpose of discontinuing the church after the 1st of May, should they continue to withhold aid. Copy of above statement handed in and filed, marked G. Trin- ity Church allowed my church to be closed for want of such aid. At the very time this was permitted. Trinity Church was aiding S6 REPORT OF SELECT COMMITTEE largely churches up town ; they gave largely to St. Luke% that very year, which had already received $70,000. To the church of the Annunciation, a wealthy church in Fourteenth-street^ $25,000, besides large contributions before. The notice was given in November, 1855, to take effect 1st May following. St. Mat- thew's church was closed on 1st May; is now closed and offered for sale. The property has been re-conveyed to the donor. Herman D. Aldricky sworni Merchant; resides No. 8 East-Four- teenth-street; have lived in New-York thirty-five years. Am acquainted with the value of property in this city, below Canal and not west of Greenwich-streets. Am acquainted with the property marked on maps 2, 4, 5, 6, 7, 8, 9,10, 11, and 12;have put a value upon the property marked on above maps, based upon the usual terms of sale. Have a list of the property on these maps, with my valuation opposite each : ... $13,000- —same value as year ago. ,.. 19,000 do do . 26,000 do do do do 21,000 do do . . . 10,000 do do . . . 25,000- —10 per ct. advance on year ago. . . . 22,000 do do do do . 30,000- —not much change- . . . 29,000 do do 29,000 do do , . . 23,000- —5 per ct. advance on year ago. 83 do ... 21,000 do do . „ . 22,000- —10 per ct. advance on year ago. ... 20.000 do do 85 do . . . 18,000 do do do do ON AFFAIRS OF TRINITY CHURCH. 87 Ifap. Lot. 7 273 Greenwich-Street, 17,000- 275 do 18,000 277 do 14,000 279 do 18,900 281 do 9,000 136 Chambers-street, 25,000- 138 do 16,000 140 do ...... 15,000 142 do 16,000 148 do 21,000 147 do 21,000 155 do 20,000 157 do 20,000 159 do 20,000 161 do 19,000 163 do 19,000 8 49 Warren-street, 25,000- 51 do 25,000 44 do 32,000 56 do 29,000 112 Chambers- street, 28,000 114 do 28,000 89 Reade-street, 18,000- 9 69 do 24,000 71 do 17,000 10 Warren-street, 40,000- 18 do 40,000 20 do 40,000 30 do 38,000 5 Murray-street, 40,000 7 do 40,000 9 do 40,000 251 Broadway, (depth 107 ft.) 120,000 252 do 90,000 256 do 90,000 5 to 10 per ct. ad- vance on year ago. do do do do do do do do •stationary. do do do do do do do do do do -10 per ct. advance on year ago. do do do do do do do do do do -50 pr. ct. advance. do do do do -5 to 10 per ct. ad- vance on year ago. do do do do do do do do do do do do do do do do do do 88 REPORT OF SELECT COMMITTEE Map. Lot. 10 156 Keade-street, ■50 per ct. advi on year ago. 1 1 1 1 104. do (if 25 ft. front) 20,000 do do X\J\J do do do do 19,000 do do 110 do do do 12 60 do do do 74 do 25,000 do do The Reade- street property has increased within a year full 50 per cent. Throughout that whole district a general advance has taken place within a year. Adjourned to 4th instant, at 10 A. M. New- York, 4tth December^ 1856. Committee met. Present all the members. Rev. Stephen H. Tyng, sworn. Am rector of St. George's church; have been rector for eleven years and six months. Q. Is the statement in that report of Trinity Church relative to St. George's Church correct 1 A. To the best of my know- ledge and belief it is not correct. Q. Do you now speak of both paragraphs 1 A. I did refer to both, but would refer to particular statements. The whole con- sideration received by St. George's church, in consideration of the transfer of that property, was |25,000. I do not know of any other parties to whom additional moneys were paid. They make the cash transfer on the property $55,660.33 by their state- ment. To the best of my knowledge and belief. Trinity church never paid but $25,000 for St. George's church. I know nothing of the amounts paid for improvement of the church of the Holy Evangelist. Q. Do you believe the vestry of Trinity church has done its utmost to make the capital of the property of that coporation available for the founding, or support, or promotion of religious, charitable, or educational institutions, or purposes'? A. I do not believe they have. ON AFFAIRS OF TRIKITY CHURCH. 89 Q. Have they materially reduced the stipends formerly paid to clergymen in this city 1 A. I have heard no instance in which they have notj have heard several instances in which they have. Jasper Grosvenor^ merchant^ affirms : I do not know the value Trinity church places upon the lot corner Broadway and Murray- streets. Q. Did you ever make an offer for it under the lease '? A. I made an oflfer of $40,000, subject to the lease. I paid them $10,000 for the stipulation that they would renew the lease at its expiration on the usual terms. My lease expires in 1872 — the renewal to be for twenty-one years from that expiration. The ground rent of the present lease is $26.25 a year. I hold my lease from the original lessee, but it has passed through two or three hands in the mean time. John W. Toddy builder J sworn: Resides 155 West Twenty-first- street, New- York : have lived in New-York thirty two years ; my business has led me to become acquainted with the value of property in all parts of the city ; I have appraised the property shown on maps 1 to 19, inclusive ; will complete it in a short time, and hand it in to the chairman of the committee. Q. Can you state what is the general character of the improve- ments on this property 7 A. Except a few buildings down town they are generally of a cheap nature. Q. What influence has such leases upon adjoining property 1 A. To deter improvement. Q. What influence upon property and growth ? A. To keep it back. John W, Ritchy recalled. — Have placed a value on all the pro- perty described on the maps, from one to thirty-nine, inclusive, except such plots as are used for burying grounds and church purposes, and such valuation appears upon the sheets of paper herewith delivered to the committee, numbered one to thirty- nine, inclusive. Maps and sheets filed, and marked H. The improvement generally upon this property is poor. Some por- 90 EEPORT OF SELECT COMMITTEE tion of it is well improved. Many of them are of the worst character in their effect upon their neighborhood; would be much better for city and property owners if these leases were removed. The property below Duane-st. is well improved. These are the valuations of the lots, put upon them by Trinity Church, and by which they were relet before the last report to the Legislature was made, within three years. 205 Fulton-street, annual rent |1,000, on value $20,000. 207 do do 1,000, do 20,000. 36 Yesey-street, do 1,225, do 24,500. 48 do do 1,050, do 21,000. 13 Barclay-street, do 1,250, do 25,000. 15 do do 1,250, do 25,000. 83 Murray-street, do 1,000, do 20,000. 18 Warren- street. do 1,425, do 28,500. 1^44 do do 1 ,250, do 25,000. I know this from my own knowledge, and from the record office. Valuation placed by the church upon the property occu- pied by H. R. Railroad depot, corner Chambers and Chapel-sts., was $100,000, about a year ago. Sullivan H, Weston^ sworn, — Have been minister in the church for eight years. 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. With the organization they had, they did all they could — certainly in the lower part of the city. I do not feel able to answer the question. If their property is worth what it is rep- resented to be, I think they have not done all for the poor and the church they might have done. Luther Bradish, sworn. — I have been long acquainted with the vestry of Trinity Church, and the management of its trust, and was for many years a member of the congregation and a pew- holder in the church. ON AFFAIRS OF TRINITY CHURCH. 91 Q. Do you think the vestry of Trinity Church has done its ut- most 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 do not. It is a subject of serious complaint by churchmen throughout the city. Q. What has been the operation of the law of 1814 on the church directly 1 A. The direct effect was to exclude a very large portion of the original corporators. Q. Have you examined the law of 1814, and do you think it in accordance with the terms of the original grants of said pro- perty ? A. I have examined it, and consider it a flagrant violation of the original grants. I suppose it is susceptible of being ascer- tained who were entitled to vote previous to the law of 1814. All communicants of the church under the original charter, were entitled as corporators, to vote. The reports to the convention would prove who were entitled to be heard in 1814. A. In what other respect, if any, does the act of 1 814 differ from the originel grants 1 Trinity Church claims under the act of 1814, the absolute right of property belonging to this trust, and has exercised such right. I know that Mr. Troup, in behalf of Trinity Church, urged it as a reason for the act of 1814, in a pamphlet over his name, that it would enable Trinity Church to make these endowments. I do not know that Trinity Church has availed itself of this portion of the act. Q. In what respect has the vestry failed to do what was asked in the first question '? A. In failing to aid feeble churches and to establish others where required in this city. The want of free churches throughout the city is severely felt. Q. Did Episcopalians in the city petition the Legislature for the passage of the law in 1814 1 A. Churchmen throughout the city strenuously opposed the passage of the law. 92 REPORT OF SELECT COMMITTEE Mr. L. Bradish is requested to answer the following inter- rogatories : 1 . From what source was the property now held by Trinity Church derived'? 2. To whom and by what title was these grants made '? 3. For what purpose 1 4. After the change of government at the Revolution, to whom and under what title, and for what purposes were these grants renewed by the Legislature of this State in 1784 1 5. When did the present corporation of Trinity Church pro- cure a change in the title and control of this property ? 6. What was the nature of the change 1 7. What its effect upon the vested rights of corporators as • originally constituted ? 8. What were the circumstances under which it became a law ? 9. Has the present law been quietly acquiesced in by the inhabitants of the city of New- York, in communion, &c.," since the passage of said law, or have they resisted it as an illegal violation of their vested rights '? 10. Is it your opinion that the act of 1814, is subversive of the rights of individuals, and, therefore, unconstitutional and unjust ? 11. Did Col. Troup appear as counsel for Trinity Church in the effort made by that corporation to procure the passage by the Legislature of the law of 1814, by which the rights of oiiginal corporators were cut off? 12. Did he, in his argument before the Council of Revision, state, and in what terms, that if the law sought were passed, giving the control of this vast estate exclusively to the corporation of Trinity Church, she would go forward with more freedom and liberality than she had hitherto done, in setting off and suitably endowing independent churches, and in dividing and distributing the large landed estate which she had hitherto held as trustee for the " Rector and inhabitants of the city of New- York, in com- munion with the Protestant^ Episcopal church, in the State of New-York." ON AFFAIRS OF TRINITY CHURCH. 93 13. Have you examined the history of the grants of land by the vestry of Trinity church, as compiled and published by its rector, the Rev. Dr. Berrian'? "Will you state the dates, purposes, grantees and value of said grants of land, as given in said history, previous to the passage of the law of 1814'? Also, the like facts as to the grants of land by said vestry, since the passage of the law of 1814, so as to demonstrate the comparative results of the law in question, upon the interests of religion and learning? 1st Answer. The property now held by Trinity church has been derived mainly from two royal grants, the first in 1697, under William III., king of England, consisting of the parish church and a part of the land known as " the queen's garden," . which, together with two lots of land derived from other sources, forms the present church- yard, or burying ground of the church. The second in 1705, under Anne, queen of England, consisting of the tract of land known as " the duke's or king's farm," then " the queen's farm." Trinity church holds some other smaller pieces of real estate derived from other sources. 2d Answer. The first of the grants above specified, in my answer to the first interrogatory, was expressly " declared to be forever separated and dedicated to the service of God, and to be applied to the use and behalf of the inhabitants, from time to time, inhabiting and to inhabit within our said city of New- York, in communion of our said protestant church of England, as now established by our laws, and to no other use or purpose whatso- ever, any statute law, custom, or usage to the contrary, in any ways notwithstanding." The second of the grants above specified, and by far the most important, was made to the corporation, by its corporate name, previously created^ and known as The Rector and Inhabitants of the city of New- York, in communion of the church of England, as by law established, and their successors." This corporation was created by charter under William III., of Eng- land in 1697, in the words following, viz.: 94 REPORT OF SELECT COMMITTEE " And we have further thought fit, and, at the humble request of our loving subjects, are graciously pleased to create and make him, our said Right truly, and well beloved, and Right Reverend Father in God, Henry Lord Bishop of London, and his Successors, Rectors of said Parish, together with all the Inhabitants, from time to time, inhabiting, and to inhabit in our said City of New- York, and in communion of our said Protestant Church of Eng- land, as now established by our Laws, as Body corporate and Politic in fact and name, by the name of "T/^e Rector and Inhabitants of our said City of JVew-York, in commu- nion of our Protestant Church of Engla7id, as now established by our Laws.^^ The essential powers of this corporation were re granted by an act of the Colonial Legislature in 1704, to "The Rector and In- habitants of the City of New- York in communion of the Church of England, as by law established, and their Successors." The corporation thus created by the charter of William III., in 1597, and the act of the ColoniaF Legislature, in 1704, is re- cognised in the grant of Ann, in 1705, and the grant made to that corporation, by its corporate name. All the inhabitants, from time to time inhabiting, and to in- habit in the city of New- York, and in communion of the Protes- tant Church of England as established by law, were corporators of the corporation created by the aforesaid charter of 1597, and the act of the Colonial Legislature of 1704, and were, therefore, beneficiaries under the grants of William III., in 1697, and of Ann, in 1705. 3d answer. From the terms of the charter of William III , in 1697, of the act of the Colonial Legislature of 1704, and of the grant of Ann in 1705, it is evident that the purpose and object of these grants were the establishment and maintenance of the principles and services of the Protestant Episcopal Church throughout the city of New- York. 4th answer. By the legislative act of 1784, the corporation, created by the royal charter of 1697, and act of the Colonial Legislature in 1704, was saved from forfeiture, by reason of any ON AFFAIRS OF TRINITY CHURCH. 95 non-user or misuser between the 19th of April 1775, and the date of the said act of 1784; it being expressly enacted in the said law, "that nothing in this law, nor no non-user or misuser between the 19th day of April 1775, and the passing of this law, shall be in any wise construed to annul, injure, repeal or make void the said charter, or the said law first above particularly mentioned, where the same are not inconsistent with the Con- stitution of the State." In its manifest object of adapting the corporation to the new state of things produced by the Revolution, the consequent inde- pendence of the State, and the adoption of the Constitution of this State, the Legislative act of 1784 did not change the title of the corporation, or the rights of the parties interested, but expressly declared "that nothing in this act contained shall be construed, deemed or taken, to prejudice or injure the right or title of any person or persons whatsoever, to any lands or tenements occu- pied or claimed by the corporation aforesaid." 5th Answer. In and by the act of January 25th, 1814. 6th Answer. The act of 1814 authorized the corporation previously created, instead of its then corporate name of "The rector and inhabitants of the city of New- York, in communion of the Protestant Episcopal church, in the State of New- York," *'to take and use the name of ^The Rector^ Church-wardens , and Vestrymen of Trinity Church , in the city of JVei^j- ForA:.' " This virtually created a new corporation, with new corporators, and new qualifications for the exercise of the right of voting for those who, as agents and trustees, were to manage and apply the large estates, in which, by the original grants, all the inhabitants of New- York, in communion of the Protestanc Episcopal church in the State of New- York, were legally interested. 7th Answer. By the Royal Charter of 1697, and the act of the colonial Legislature of 1704, all the inhabitants of the city of New-York, in communion of the Protestant Episcopal church, were made corporators of the corporation thereby created, and, as such, had the right to vote for the church- wardens and the vestrymen, who, with the rector, not only formed the vestry of 96 REPORT OF SELECT COMMITTEE the parish church, but were the agents and trustees for the man- agement and application of the common property. By the act of 1814, all the inhabitants of the city of New- York, in communion of the Protestant Episcopal church were excluded from the corporation thereby created or newly mod- elled, and deprived of the right of voting at the annual elections for churchwardens and vestrymen of the said corporation, ex- cept male persons of full age, who, for the space of one year preceding any election, shall have been members of the congre- gation of Trinity church, or of any of the chapels belonging to the same, and forming part of the same religious corporation, and who shall hold, occupy, or enjoy a pew or seat in Trinity church, or any of the said chapels, or have partaken of the holy communion therein within the said year." The act of 1814, also seriously affected the rights of property of those thus excluded, and who, by the royal charter of 1697, and the act of the colonial Legislature of 1704, were constituted corporators of the corporation thereby created, and beneficiaries under the valuable grants made therein, and in the royal grant of Ann, in 1705. For although in the act of 1814, it is provided " That nothing in this act contained shall be construed to affect or defeat the right of any person or persons, or of any body cor- porate to the estate, real or personal, now held, occupied or en- joyed by the corporation of Trinity church yet that act having already deprived the great body of Episcopalians of the right o^ being corporators, and voting for the agents and trustees of the common property, the saving of the mere abstract right of pro- perty is worth very little. The right of voting for the agents and trustees, who are to manage and apply the corporate or common property, is an essential incident of the right of pro- perty itself; is indispensable to the protection of such right, and necessary to give it full effect. The mere bald, naked, abstract right of property, without the right of electing the agents and trustees, who are to manage and apply such property, is practically of little value. The act of 1814, therefore, in ex- cluding the great body of Episcopalians of the city of New-York rom the new corporation thereby created or materially changed ; ON AFFAIRS OF TRINITY CHURCH. 97 and in depriving them of the right of voting for the agents or trustees of tlie corporate or common property, not only deprived them of valuable franchises previously granted to, and enjoyed by them, but virtually divested them of their right of property; or rendered that right of little practical value. As a conse- quence, the valuable grants originally made for the use and benefit of the inhabitants, from time to time inhabiting, or to inhabit in the city of New- York, in communion of the Protestant Episcopal Church, and to the rector and inhabitants of the city of New- York, in communion of the Protestant Episcopal Church, since the passage of the act of 1814, seem to have been viewed and administered as the individual and exclusive property of the corporation newly created, or materially remoddled by that act; and the grants, which have since been made out of this property by the new corporation, have been presented as gratuities of that corporation, and not as appropriations of the proceeds of a trust fund, to which the parties receiving such grants were justly and of right entitledo These grants have been claimed as acts of liberality, and not as the faithful execution ol a great trustj created and endowed for expansive benevolence, not for exclusive or restricted emolument. 8th Answer. From the Journals of the Legislature and the Council of Revision, which I have examined, it appears that the petition of Trinity Church for the act of 1814, was presented in the Senate of the State on the 17th of March, 1813, a bill brought in, which was passed by that body on the 25th of March, 1813, and by the Assembly on the 2d of April, 1813. On the 5th of April, 1813, the bill was received by the Council of Revision, and referred to the chancellor, who reported objections to the bill. These objections were considered by the council on the 25th of January, 1814, when the vote thereon was equally divided. No order therefore was made thereon, and the bill became a law by lapse of time, without ever having received the express sanction of the executive department of the government. 9th Answer. The act of 1814 has not been quietly acquiesced in by the great body of Episcopalians in the city of New-York : on the contrary, from its passage to the present time, it has been 7 98 REPORT OF SELECT COMMITTEE a continued subject of dissatisfaction, and occasional efforts for its material modification or repeal. 10th Ansv/er. It is ray deliberate opinion^ after careful ex- amination, that the act of 1814 does attempt to deprive the great body of Episcopalians in the city of New-York of important franchises, and to divest them of their rights in valuable estates, granted and confirmed to them by legal and valid acts; and therefore that the said act of 1814 is unconstitutional, unequal, and unjust. Nor has the said act, in my opinion, as was prom- ised at the time of its passage, advanced, nor is it calculated to advance, the great objects of Christian benevolence, for which the original corporation was created, and so liberally endowed. 11th Answer. In a pamphlet over the name of " Robert Troup," dated Gth of September, 1813, and while the bill in question was before the Council of Revision, or its committee, there is the following : viz., " with his zealous exertions to pro- cure the passage of the bill through the two houses of the Legis- lature, and with this very humble attempt to recommend it to the approbation of the council." From this declaration of Colonel Troup, I conclude that he did appear as counsel or agent for Trinity church in the effort to procure the passage of the act of 1814. 12th Answer. In the pamphlet of Colonel Troup, above re- ferred to, in my answer to the 11th interrogatory, and which pamphlet appears to have been written in support of the bill in question, while it w^as pending before the Council of Revision, and with a view to induce its passage into a law, there are, among others, the following remarkable and very significant paragraphs, viz , "judging from the past, it is morally certain that the future increase of the population of the city will strongly recommend to the corporation of Trinity Church the policy of dividing its corporators, and setting them off in separate churches, with suitable endowments; and to enable the vestry to do this in a mode free from all legal doubts, and with the assent of a majority of the corporators to be set off, is a fifth object of the bill." ON AFFAIRS OF TRINIT7 CHURCH. 99 Again : "The bill, when passed into a law, would have the liappy consequence of enabling the vestry of Trinity Church, from time to time, as society shall advance, to separate churches with the consent of their congregations, and to endow them with competent estates. No power can be more congenial than this to the spirit of our republican systems. The frequent exercise of the power likewise, by breaking down the estate of Trinity Church, would allay the fears of those honest republicans, who look upon large estates as nurseries of sentiments hostile to liberty; and it would calm the minds of those enthusiastic de- votees who believe that religious societies, when possessing wealth, seldom employ enough of it in the heavenly work of propagating the gospel." The action of the vestry of Trinity Church, previous and sub- sequent to the passage of the act of 1814, gives peculiar signifi- cance to these paragraphs of the pamphlet of Col Troup. 13th Answer. I have examined the history of the grants of land made by the vestry of Trinity Church, as presented in "an Historical Sketch of Trinity Church, New- York, by the Rev. William Berrian, D. D., the rector of the same," in a pamphlet entitled "Facts against Fancy, or a True and Just View of Trin- ity Church," supposed to be by the Rev. Rector of Trinity Church; and in a conmunication of the vestry of Trinity Church to the Senate of the State, in reply to resolutions of the same, passed April 13, 1855, transmitted to the Legislature Feb. 20, 1856. From these documents it appears that previous to the passage ot the act of 1814, grants of land were made, and are valued as follows, viz : Date. No. of Lot. Description of Property. Value. 1748 Site of Trinity school, number of lots and value not given. (F. 16.) 1752 All these lands between Murray and Barclay-streets, and from Church- street to the river, being an endow- ment of Columbia College, (F. 15.) $500,000 00 1765 2 For a ferry from Paulus Hook (H. 367.) Value not given. 100 REPORT OF SELECT COMMITTEE Date. No. of lot. Description of property. Valu*. 1775 2 In Vesey-street, for a pier and slip. Value not given. ( H. 368.) 1785 3 For the use of the senior pastors of the Presbyterian congregations of New-York, (H. 367,) $50,000 00 1798 28 To St. Mark's church, in the Bowery, viz: 5 in Warren-st., 1 in Church- street 12 in Reade- street, 3 in Har- rison-street, 2 in Greenwich-street, 5 in Provoost-street ; value in 1847, $131,500. (F. 19,) 131,500 00 1800 7 To Trinity school on Lumber, Rector, and Greenwich-sts.; value in 1847, $35,000, now (F. 16,) 50,000 00 1802 32 To the society for promoting religion and learning in the diocese of New - York, situated on Barclay, Warren, Greenwich, Hudson, Beach & North Moore-streets — value in 1847, $120, 000, now much more, (F. 17.) 1805 4 To Christ church, New-York, on Bar- clay-street — value in 1847, $24,000, now (F. 27,) 48,000 00 1807 2 To St. Stephen's church, New-York, on Warren-st; value in 1847, $13, 000, now (F. 25,) 26,000 00 1809 4 To St. James' church, Newtown, viz : 1 on Reade-st., 1 on Greenwich-st., 2 onLumber-st; value in 1847, $20,- 000, now much more, (F. 24.) 1809 5 To St. Peters', Westchester, on Reade Chambers and Warren-streets ; value in 1847, $22,500, now (F. 23,) 45,000 00 1809 5 To St. George's, Flushing, viz : 3 on Warren-st., 2 on Chamber-st.; value in 1847, $19,500, now greatly in- creased, (F. 23.) ON AFFAIRS OF TRINITY CHURCH. 101 Date. No. of lots. Description of property. Value. 1809 4 To Grace church, Jamaica, viz: 3 on Lumber-st.,1 on Reade-st.; Value in 1847,$18,500,now much more.(F.23) 1809 2 To St. Ann's, Brooklyn, on Chambers St.; value in 1847, $13,000, now (F. 24,) $26,000 00 1809 6 To St. Michael and James', N. York, on Chambers, Vesey & Warren-sts., value in 1847, $39,000, now (F. 26) 78,000 00 1809 4 To Trinity church, Utica, viz : 3 on Reade-street, 1 on Clark-street; value $12,000, since materially in- creased, (F. 27.) 1810 2 For a free school in Hudson-street, lots and value not specified, (F. 13.) 1810 Land in Duane-st, for a market in Brannon-street, value not specified, (H. 368.) 1811 25 To Grace-church, New- York, viz : 7 on Rector-street, 2 on Vesey-st., 3 on Barclay-street, 2 on Warren- street, 5 on Chambers-street, 2 on Church-street, 4 on Reade-street; value in 1847, $120,000, now 240,000 00 (F. 20.) 1812 Land, supposed to be four lots, for a market on Christopher-street, be- tween Greenwich and Washington- streets; value not given. (H.231-2) 1812-13 33 To St. George's, N. Y., viz: 8 on Reade-street, 4 on Greenwich-street, 6 on Murray-street, 9 on Chambers- street, 4 on Warren-st., 1 on Bar- clay-street, 1 on Beekman-street; value in 1847, $170,000; now, 340,000 00 H. 249,250— F.21.) 102 REPORT OF SELECT COMMITTEE Date. No. of lots. Description of propertyr Valtsje. 1813 4 To St. James's, New-York, on Cham- bers, and Barclay-streets; value in 1847, $26,000; now, (F. 26,) $52,000 00 Grants of Land made subsequent to the passage oj the act 0/1814. 181 5 Further grant of lots to the Free School Society, number of lots not given, supposed to be five; value not given. (F. 13.) 1820 3 To St. Luke's Church, N. Y. 1827 2 do do 1834 3 do do Value in 1847, $30^000; since ma- terially increased. (F. 29.) 1832 5 To Trinity School, N. Y., on Canal Varick,and Grand-streets, leased at a nominal rent for 63 years; esti- mated equal to a capital of $20,0U0. (F. 17.) 1835 1 To Ascension Church, N. Y., on Vesey-street; value in 1847,$6,500; now, (F. 31,) 13,000 00 The number of lots in the foregoing statement includes only those grants of which the number of lots is given. It omits, therefore, the site for Trinity Church; the whole endowment of Columbia college, so far as the number of lots is concerned ^ land in Duane-street, granted for a market in Brannon-street ; and land on Christopher-street, for a market on that street. From the communication" of the vestry of Trinity Church to the Senate, made in February, 1856, it appears that the whole number of lots given to churches down to the 15tli of February, 1855, was 146. Of these, 137 were given previous, and 9 sub- sequent to the passage of the act of 1814. It also appears that down to 1855 the whole number of lots given for the advancement of the church and of religion, for ON AFFAIRS OF TRINITY CHURCH 103 general and public purposes, and to institutions of learning and charity schools, and leased for 63 years free of rent, was 172, of which 162 were given previous and 10 subsequent to the pas- sage of the act of 1814. It then appears that down to February, 1855, the whole number of lots given by the Vestry of Trinity Church, for all purposes, was 318; of which 299 were given previous, and only 19 subsequent to the passage of the act of 1814. Of the 299 lots which were given p'^evious to the pas- sage of the act of 1814, 167 were given within 15 years, 94 within 5 years, and 62 within 3 years, before the passage of that act. It also appears that within fifteen years before the passage of the act of 1814, the Vestry of Trinity Church built, set off, and endowed with landed estates, three churches; since the pas- sage of that act, not one. It also appears that since the passage of the act of 1814, the number of Episcopal parishes in the city of New-York has increased from nine to nearly fifty; but that not one ol all this increase has been built, set off, and endowed with landed estates by Trinity corporation. As an inducement to the passage of the act of 1814, U was urged as " morally certain " that the future increase of the pop- ulation of the city would strongly recommend to the corporation of Trinity church the policy of dividing its corporators, and setting them off in separate churches, with suitable endowments; and to enable the vestry to do this, in a mode free from all legal doubts, was an object of the bill. The bill was drawn up and passed accordingly; but since its passage, the corporators have never b en divided, set off, and suitably endowed. As a further inducement to the passage of the act of 1814, it was represented that the bill, when passed into law, would have the happy consequence of enabling the vestry of Trinity Church, from time to time, as society should advance, to sepa- rate the churches, with the consent of their congregations, and to endow them with competent estates : " That no power could be more congenial than this to the spirit of our republican sys- tem That " the frequent (execution) exercise of the power 104 REPORT OF SELECT COMMITTEE likewise, by breaking down the estate of Trinity church, would allay the fears of those honest republicans, who look upon large estates as nurseries of sentiments hostile to liberty; and would calm the minds of those enthusiastic devotees, who believe that religious societies, when possessing wealth, seldom employ enough of it in the heavenly work of propagating the goj-pel." Since the passage of the act of 1814, "the happy consequence" thus promised, has not been realized ; the churches have not been separated and endowed with competent estates; the power, so congenial with our republican systems, sought and granted, has not been exercised; the large and increasing estate of this powerful corporation has not been broken down, nor the fears of honest republicans allayed, or the minds of enthusiastic devo- tees been calmed. On the contrary, since the passage of the act of 1814, every other consideration and interest seem to have been made to yield to the new-born policy of accumulation, and paramount object of keeping that large and increasing estate together in one mass. The wise and salutary policy of landed endowments, which, previous to the passage of the act of 1814, had given away 299 lots, has, since the passage of that act, with its novel powers, and increased facilities, been so far paralyzed as to grant only 19 lots in all; and for more than twenty years last past, seems to have been abandoned. Since 1835 it does not appear that a single foot of this large and increasing landed estate has been given for any purpose whatever, unless it be some fine burial plots in Trinity cemetery, given to charitable societies. Instead of grants of land, the corporation seems to have con- fined itself of late, wholly to the practice of making pecuniary grants, either in the form of loans on mortgage, or in most cases, in small annuities, or annual stipends, dependent wholly upon the will of the donor. The effect of this would naturally be, as it is believed to have been, to interfere with the independence of both clergy and parishes. It is believed too, that this habitual leaning, for annual support, upon this wealthy corporation, has had the ON AFFAIRS OF TRINITY CHURCH< 105 natural effect of weakening, rather than strengthening feeble parishes. The parishes which have received endowments in land, are, almost without exception prosperous and strong. They are now, not only independent of further aid, but are able and willing to aid others. Whereas a large proportion of those, which have only been aided by annual stipends in money, have naturally, and almost necessarily spent the money as fast as received, without acquiring any permanent strength, or any feeling of self- reliance; and consequently are now no more able to sustain themselves by their own inheritent and acquired strength, than they were many years ago. A return to the policy and practice of endowments in landed estate, as contemplated in the act of 1814, and was promised as an inducement to the passage of that act, can alone give a real and healthy development of church growth and parochial inde- pendence. This together with a more active and diffusive appropriation of this large and increasing trust estate, substitut- ing, for the policy of accumulation, and a too restricted, if not exclusive use, a more equal and just participation, can alone lully accomplish the great object of this trust estate, and faith- fully carry out the benevolent purposes of its donors; while a perseverance in the present policy, and a continuance of the sti- pendiary system, can only extend the list of pensioners on this fund, impair the wholesome spirit of self-reliance, promote pa- rochial debility, and personal dependence, and thus defeat a great object of active and diffusive christian benevolence. I cannot but think, therefore, that the passage of the act of 1814, and the new system, which if not induced by, has been pursued under it, have not promoted, in the best manner and highest practicable degree, the interest of religion and learning, but have been essentially injurious to both. The foregoing answers are mainly given from knowledge derived from a careful examination of the documents, or copies thereof, referred to therein; and I believe them to be just and true. L. BRADISH. Mew-York, Dec. 24, 1856. 106 REPORT OF SELECT COMMITTEE Samuel T. Skidmore appeared: Q. Are you a vestryman of Trinity church, and member of the standing committee? A. Yes; I decline to be sworn, for the reason that in view of the communications passing between the committee and comptroller, it seems to me improper. Thomas H. Taylor^ sworn; Am rector of Grace church; have been so for nearly twenty-three years. Q. Do you think the vestry of Trinity church has done its ut- most 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? A. From my outward observation of their acts, I should say not. Q. In what respect? A. Because they have not multiplied churches throughout the city to any extent, in proportion to their means. The aid which they have extended to feeble churches has been done reluctantly and offensively, either by taking mortgages on the churches to which they advanced money, or by annual payments to the support of the minister; in either way increasing their power over the corporations and minister of the church to an extent w^hich was fatal to all independence of thought or action on the part of such corporations or ministers. The tendency of this action is to enable her to exercise an over- whelming influence throughout the diocese. Grace church, with about five hundred communicants, has no representation in this corporation, by the act of 1814; that act, together with the subsequent action of the vestry, has had the effect to cut all off, the same effect applies to all the churches in the city. In illus- tration of my opinion, I would state that a very worthy minister of a parish in the vicinity of the city, whose church was embar- rassed by a debt of some four thousands of dollars was told by his warden that he had applied to the controller of Trinity church for aid in their pecuniary embarrassment. The reply he received was, we can give you no help, fur your minister voted against us at the last convention." The reply of the warden amounted to this, " our minister voted against the restoration of Bishop Onderdonk, but in doing so, we do not perceive how he voted ON AFFAIRS OF TRINITY CHURCH. 107 against Trinity Church." The controller replied, "to vote against measures approved by Trinity church is to vote against her, and we are resolved, for the future, to take care of our friends." The warden remarked, *4f the course of our minister is to ruin me and his church, I will go his security that he will not offend in that way again." The minister, who came to me with this statement, then said, ''of course, nothing is left to me but to pay this debt, or to leave the church. As I cannot do the one I must seek for the bread for my children somewhere else, for the warden is my personal friend, and he is personally liable for the debt." He resigned his parish, and left the State. This is but one of the many instances of the sort that has come to my knowledge. John D, Wolfe J sworn. — Am merchant in the city of New- York. Was formerly a vestryman of Trinity Church for about ten years. I was omitted at an election some eight or ten years since. Q. Do you think the vestry of Trinity Church has done its utmost to make the capital of tlie property of that corporation available for the founding, or support, or promotion of religious, charitable, or educational institutions or purposes 1 A. They did not much in the way of charity; for that general object I do not think they did. Have never seen a list of the corporators ; the vestrymen are not allowed to see it that I know of. The reletting of lots when leases expired was done by a finance com- mittee to whom the offers were made and then approved by the vestry. They do not make annual reports of the affairs of the church nor are any published. William E. Dunscomb^ sworn. — Am comptroller of Trinity Church. Q. In addition to the property set forth in the report to the Legislature, does not Trinity Church hold other bonds and mort- gages 1 A. There are unproductive mortgages on churches, taken for grants made which were not included. A sum of money is granted as a loan and mortgages taken for the aid granted to the churches; like other mortgages, there is a power to foreclose them, but we never take measures to collect them ; 108 REPORT OF SELECT COMMITTEE. never have exercised the power ; it is understood as being an ordinary loan, as aid to them, but giving Trinity Church the right to call for principal or interest. I have no recollection of measures being taken to foreclose. I cannot state the name of the persons entitled to vote. I have no authority to give the list of bonds and mortgages above referred to, and would consult with the vestry. Q. Have you a list of the voters in your possession ? A. One of the lists was lost and afterwards found, and the number but not the names was added to our report. I presume their names are in the office ; if the committee of the vestrj?" authorize me to furnish such list I will do so. Q. What interest if any has Trinity Church in St. John's Park ? A. Since its appropriation as a park, it has never been considered as property to be disposed of by the church ; they owned the whole park originally ; we have never made any negotiation for the sale of it ; do not know that owners have offered the church any sum for their interest ; the vestry did fix a value of $400,000 upon it. Q. Did you find it difficult to sell lots in their present condi- tion ? A. We cannot sell them without first consulting our tenants, and nobody applies to purchase leased lots but them. On page 6 of the report, those 37 lots sold have been mostly sold to the tenants, and the 47 re-let have been re-let to the lessees. The church does sell lots in the neighborhood of War- ren and Murray-streets, where they have become valuable. Q. What was the inducement to continue under lease the pro- perty corner Murray and Broadway-sts., when ofiered $50,000 for it ? A. They have sold so much that they want to keep in reserve for all time something for the churches. The renewal of the leases is done by a committee. The value of the buildings separate from the lots, was estimated by sending around agents to enquire into the value of those buildings. Trinity Church makes an annual report to the body of the vestry of the affairs of the corporation, but does not publish it. The report is in the office, and open to the inspection of any member of the vestry. ON AFFAIRS OF TRINITY CHURCH. 109 Q. Have not the vestry been urged by Gen. Dix and others to publish it? A. Gen. Dix was anxious to have it published, but the vestry did not think it worth while; he wanted it published to be useful to the vestry, but not for general circulation. There have been two reports made to the Legislature which were published at large, but the others were not intended for general circulation. Copy of Mr. Dunscomb's testimony made and sent to him at his request. Cyrus Curtiss^ svjorn. — Am merchant in the city of New-York; am a vestryman of the Trinity Cliurch; have been so for about 6 years; I have seen one list of the corporators which was kept by Dr. Berrian, at an election. There is an annual report of the affairs of the corporation made, but not published; some of the vestry have desired to have it published. Have been on a com- mittee to examine the annual report and examination of the accounts of the controller; they have access to. all the books referred to in the annual report, and such only. Q. Why do you continue to relet lots instead of selling when the corporation is in want of funds 1 A. I cannot say because it is a subject that belongs to the standing committee of which I am not a member; do not know of the number of lots given away since 1814. It has been the policy of the vestry of late to give no lots, what they give is a donation. The pews iu Trinity Chapel were let the first year in a manner to preclude the crea • tion of a corporator; by that act they deprived them of the pri- vilege of voting as a pew-holder, and on the second year that restrictive clause was rescinded. My impression is, the stand- ing committee has the power to renew leases in the church. I do not know the value of the interest of the Trinity Church in St. John's Park. Q. Has no value been placed on it? A. I am not able to say that any value has been placed on it; the subject of selling it was referred to a committee. The business of the church is principally done through the standing committee, comprising about six besides the controller and clerk. I should suppose 110 REPORT OF SELECT COMMITTEE the controller has the power to furnish a list of cissets and cor- porators. Adjourned to Friday, 19th December, 10 A. M. New-York, Dec, 185G, 10 a. m. Committee met, present all the members. James H. JYoe^ brush manufacturer^ swum. — Q. Bid you buy a lot of Trinity church within a year ? A. I did; the deed is dated the 1st of May. Q. At what time did you make your bargain? A. In the lat- ter part of January or 1st of February, 1856. Q. Where was the lot % A. 275 Greenwich-street. Q. What price did you pay tor it ? A. $20,000. Q. Do you know of any other lot sold in that neighborhood? A. No, sir. Supplementary Report in reply to a note of Hon. Mark Spencer^ Jame'j JYoxon and J. H. Ramsey.^ a committee of the Senate.^ hear- ing date December 2, 1856, from Trinity churcJ}^ handed in^ marked J. Ahner L. E/y^ recalled. — Q. Will you look at that appraisal and say which is yours ? A. The second column, with my name at the top, with the figures entered in black ink. Jno. W. Ritchj recalled. — Since last sworn I have collected several of the maps presented by me on that occasion, and the appraisal is my appraisal of the lots appearing upon the maps as corrected. The sum total is $5,431,520. The valuations numbered from 1 to 39 consecutively, correspond with the maps and are my valuations of the property represented on the maps. This valuation is made as the price they would now bring at auction. My valuations are so moderate that I can find pur- chasers for the several lots at the prices I have named. Rev. Hairy Anthon swor7i. — Was assistant-minister in Trinity church from 1831 to 1836. Q. Do you think, from what you saw during that period and up to this time, that the vestry of Trinity church has done its utmost to make the capital of the property of that corporation ON AFFAIRS OF TRINITY CHURCH. Ill available for the founding or support of charitable religious and educational institutions? A. I do not. Q. Are the assistant-ministers members of the vestry ? A. They are not. While I was assistant I had a conversation with a Mr, Graham, one of the vestry, and I impressed upon him the neces- sity of establishing two funds, one for church buildings and one for church glebes, he replied that my policy was to open the strong-box and his was to keep it closed ; my reply was, no, your policy is to open it to your fevorites. Q. In aid rendered by Trinity Church to other Episcopal churches of this city, since 1814, has such aid been spontaneous and voluntary to the extent of its means, or has it generally been given reluctantly, and after earnest and protracted solicita- tions 1 A. The aid furnished by Trinity Church since 1814 has been done upon applications, and not voluntarily, and such aid in many cases, I have reason to believe, has been reluctantly granted. Q. Have mortgages in many cases been required as security for the sum advanced ? A. In several cases, to my knowledge, it has been done. Q. What elfect has aid in these forms upon independence of speech and freedom of action on the part of parishes and clergy- men thus aided when they meet in our diocesan conventions and other church associations, and when there are diversities of opinion as to matters of morals and doctrine ? A. In my opinion the elfect is seriously to impair their inde- pendence. Q. In applications for aid, has Trinity church, in your opin- ion, favored those whose party views and actions were similar to her own 1 A. Unquestionably. For instance, while the application of St. Jude's church was pending, which was ultimately refused, it is said grants were made St. Luke's, the Holy Apostles, Dr. Sea- bury's, and others. Q. Have they refused aid on the avowed ground that the views of the applicants were not coincident with their own ? 112 REPORT OF SELECT COMMITTEE A. It is my belief that they have, Q. Have they in any way endeavored to control the free opin- ion or acts of vestries or ministers who had received or were seeking aid for their churches 1 A. I know an instance where they refused aid because the rector had interested himself in obtaining signatures to a memo- rial to the Legislature for the repeal of the act of 1S14. It was in the .case of St. Jude's church, in this city, in 1845. He was informed that the success of his application depended upon his keeping silence in the convention. It is my impression that the large grants of aid to the Church of the Annunciation, when country churches were refused aid in small sums of |300 to $400, showed the operation ofpartizan feelings. It appears to me, that the History of Trinity Church, by Rev. Dr. Berrian, from 1835 to 1847, shows that the grants to churches and individuals stand in the proportion of ^?80,000 to what are called high churchmen, to $8,000 to those who are called low church. (Pages 384, 385, 386, History of Trinity Church, by Dr. Berrian, the rector.) Q. What facts are in your knowledge to prove that the vestry of Trinity church has not done its utmost to make the capital of the property of that corporation available for the founding or support of charitable, religious, and educational institutions ? A. In 1813, the property was of such value that the vestry, to calm the fears of the Legislature, in view of their great wealth, promised that their funds should be applied to the building of churches, from time to time, as tlie increase of population de- manded; the control of such churches to be relinquished to independent vestries, &c., suitable endowments to be made. In the forty-three years that have elapsed since 1813, the vestry have built Trinity church and its chapel, at a cost, it is said, of half a million, a sum which would have built twenty-five or thirty ordinary churches, and instead of endowing any churches have made loans to several, from time to time, taking mortgages on their property, &c., consequently holding then: as their debtors. Q. Has the law of 1814 been acquiesced in by Episcopalians generally, or have they resisted it as an illegal violation of their ON AFFAIRS OF TRINITY CHURCH. 113 vested rights? A. Tlie law of 1814 has not been acquiesced in by Episcopalians in this city, and has been objected to, and strong efforts have been made by Episcopalians to have it repealed. Joseph Tucker^ sworn. — I purchased two lots of Trinity Church in April last, for $10,T)00 each ; numbers 283 and 285 Hudsim-st., west side, seventy-five feet from Spring-st. Matthias Clarkj sworn. — I purchased one lot of Trinity Church about the first of last March, number 525 Greenwich-street, gave $6,000 for it. I have known the property a good many years, and do not consider there was any variation of any consequence in the value of my own or Mr. Tucker's lots for six months pre- vious to the purchase, Jlhner L. Ely^ recalled. — Presents an appraisement; this ap- praisement is my valuation of the property appearing upon the maps as corrected by Mr. Ritch; the column in the list with my name at the head is my appraisement. I should be willing to purchase any three lots lying together at my vahiation above Reade-street. Paper marked I, Total valuation $6,103,500. John M. Doddy recalled — The appraisement presented by Mr. Ely contains in it my appraisement of the value of the lots set forth in the maps. The column in the list with my name at the head is my appraisement. I will purchase to the extent of my means any or all of the property at the value I have put upon it. I consid' r it a low valuation, except the down town property which I consider valued at its present selling price. Paper marked I. Total valuation |6,087,050. James M. Tuthill^ sworn. — I bought last February a lot of Trinity Church for my wife; gave $10,450 for it; marked as No. 12 Hubert-street on map; deed says 10. Stephen Camhrelling^ sworn. — I am a member of the Protestant Episcopal church. Q. Are you intimately acquainted with the affairs of Trinity Church ? A.I cannot say that I am. Q. Do you think the vestry of Trinity Church has done its utmost to make the capital of the property of that corporation 8 114 REPORT OF SELECT COMMITTEE available for the founding, or support of charitable, religious or educational institutions 1 A. 1 should think not. Q. Upon what facts do you found your opinion 1 A. From their not having erected or assisted in the erection of free churches in the city, and in not assisting feeble churches re- quiring aid. Q. From whom was this property derived 1. A.I would refer to the charter and grants. Q. What has been the effect of the law of 1814 upon the church and upon the acts of Trinity Church 1 A. It has been unfavorable, undoubtedly. Q. In what respect 1 A. It would seem since the passage of that act, the course of Trinity Church has been much less liberal to the church in the city of New-York ; the law has been the sub- ject of complaint by Episcopalians generally in New- York, aside from Trinity Church and her chapels, and the Episcopal com- munity has not acquiesced in it. James W, Webh. sworn. — I am a member of the Protestant Epis- copal Church. Am not acquainted with any facts relative to the passage of the law of 1814 and its effects upon the church. I am editor of the Courier & Enquirer, and have been for 29 years I wrote the editorial article in the Courier of this mor- ning relative to Trinity Church, and also the article to which it refers, cop ed from the Courier of 1844. Q. Did you ever converse with Chancellor K6nt relative to the law of 1814, as to its constitutionality? A. I had repeated conversations with the late Chancellor Kent in relation to the constitutionality of the law referred to, in course of which he distinctly expressed the opinion that he had become satisfied that it was unconstitutional, although he had voted in favor of it in the Council of Revision. He further said that if there was any necessity for it, he would give me at any time a certificate to that effect. R. S. Wiley ^ sworn. — Reside in the city of New-York; am pas- tor of Christ's church ; was not a clergyman of the church at the time of the grant from Trinity church; my connection with the church commenced in Sept. 1855. ON AFFAIRS OF TRINITY CHURCH. 115 Q. Can you state any facts in relation to the grants of aid to the church by the vestry of Trinity church ? A. I cannot. Robert Rowland^ sworn — I am a minister of the Protestant Episcopal church; am rector of the church of the Holy Apostles. 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 of charitable, religious, or educational institutions? A. I think it has been their inten- tion ; I do not think they have done as much as they should for the building of free churches, or for the aid of feeble churches. My church received $6,000 from Trinity church and gave the usual mortgage. John D. Wolfe r^ecalled — Q. Who conducted the elections when you were vestryman in Trinity church? A. The rector, Dr. Berrian, In addition to the requirements of the law they re- quired that all persons desiring to vote should give previous written notice of such desire to the rector. I objected to that requirement when a vestryman; I considered it an obstacle to voting contrary to the law. Q. In applications for aid has Trinity church, in your opinion, favored those whose party views and actions were similar to her own? A. I accused them openly of being governed by party views in granting aid to churches. Q, Have they refused aid on the avowed ground that the views of the applicants were not coincident with their own ? A. I think they did decline on that ground, as far as their gifts extend; the church is divided into two parties of high church and low church, and the aid almost universally granted is to churches known as high church. Q. What was done with applications for aid from those repre- senting low churches 1 A. Almost universally declined. Q. Will you please look over the list now handed to you of persons represented to be corporators of Trinity church? Do you see on it the names of any considerable number of deceased persons, or of persons who have removed from this city ? A. On the list of "corporators who are communicants and not pew- 116 REPORT OF SELECT COMMITTEE holders" do not know of any of tliem having deceased; on the list of ^' corporators as pew-holders" there are some names of deceased persons, and of persons residing out of the city. W. JI, Muhlenhergj sworn— I am a minister of the Protestant Episcopal church; have been in the ministry for thirty-nine years — for ten of which I have been in the city of New- York. Q. How many free Protestant Episcopal churches have been established as such by Trinity church in this city^ within the last five years? A. Trinity church has not established any free churches in this city within the last five years, 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 with the Protestant Episcopal church 1" A. I do not know that she maintains any ministers, besides those officiating in her own churches; but she partially supports others, who are ministers of free churches, in this city. Q. Has the aid granted to free churches been at all commen- surate with its ability ? A. So far from doing her utmost, in extending aid to feeble churches, and in providing for the reli- gious and moral improvement of the poor of the city, in these respects, I think she has fallen far short of her ability, reck- oning her ability at what it is generally understood to be. In a large section of the eastern part of the city, with a poor and crowded population, and where free churches are especially needed, not more than one Episcopal church has been erected within the last twenty years; while recently. Trinity church has erected a chapel, at a cost for which three or four churches could have been built, equally substantial and capacious with the said chapel, and this in a quarter of the city in which the people are able to build churches for themselves. Missionaries, endeav- oring to establish free churches in the above mentioned eastern district, and struggling to support themselves while so doing, have frequentl}^ complained of the little encouragement alforded them by Trinity church in effecting their object. Trinity church has made no permanent provision for her own poor — her desti- ON AFFAIRS OF TRINITY CHURCH. 117 tute widows, orphans and sick. I mean in the way of founding institutions for their benefit; with the exception, perhaps, of Trinity school. The aid extended by Trinity church to feeble churches, or congregations, is granted as a favor, and in most instances, (so far as I am informed,) not until after much solici- tation on the part of those to whom it is given. The foregoing are notorious facts; and^as such I have stated them, and not on any knowledge peculiar to myself in the premises. Adjourned to 20th inst., 10, A. M. ^ 20th Dec, 1856, committee met, present all the members. Frederick S. Winston^ sworn — In answer, has been a resident of N^ev»^-York thirty-one years; am president of the Mutual Life Insurance company, of New-York. Q, Does your company loan money on bond and mortgage in this city? A. We have about $3,000,000 on bond and mortgage in this city. Q. Have you examined the maps of the property of Trinity church here exhibited, and the valuations made by order of this committee by Messrs. Aldrich, Ebner L. Ely, Jno. M. Dodd and John W. Ritch 1 A. I have. Q. What is the reputation of the appraisers, above named, for judgment and knowledge as to the present value of real estate in those parts of the city, where said property is situated. A. They are considered men of good judgment and are familiar with property in those parts of the city. They are frequently con- sulted or employed by persons having money to loan on or to invest in real estate. They are experts. Q. What effect has the disposal of large masses of property by lease, upon the value of contiguous real estate held by individu- als or others; upon the increase of commercial facilities, manu- facturing or other improvements, the augmentation of taxable property and the employment of mechanical and other labor ? A. It operates generally as a dead weight upon the value and pro- ductiveness of such contiguous real estate. It has the effect of depressing the value of contiguous property by preventing im- 118 REPORT OF SELECT COMMITTEE. provements. It tends to cheapen and keep down the character of improvements for commercial and other purposes, both upoB the leased property and the real estate adjoining^ and by these means throws the great burden of taxation upon other property held in fee, and necessarily furnishes less employment for the laboring and mechanical classes. Q. Has the value of the real estate of Trinity church greatly in- creased since 18141 A. It has; some of it very greatly in value^ most of it largely. Q. What was the population of the city of New- York in 1814? A. About 105,000. Q. What in 1855 '? A, 629,850, or sixfold increase. Q. How many free Protestant Episcopal Churches are there in this city? A. The following are so considered - Holy Com- munion, Epiphany, Holy Innocents, Nativity, Memorial, St, Michael's. I know of no other, unless the church in Beekman- street be so considered. Most of these churches are feeble, and exist by the unwearied appeals for assistance and support made by their ministers from week to week upon the charity and liberality of private individuals who are members of the Protest- ant Episcopal Church. Q. How many have been established as such by Trinity Cnurch ? A. None that I know of. She aided in the establish- ment of two in connection with the City Mission Society ; but they were subsequently abandoned, and the property of one re- verted to Trinity church, I believe. 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 with the Protestant Episcopal Church of the State of New-York ?" A.I know of no clergymen so employed by Trinity Church, or of any disconnected with the services of Trinity Church and her chapels. I think there are independent Episcopal churches in this city, with little or no ON AFFAIRS OF TRINITY CHURCH. 119 endowment, which contribute more in money and labor to teach and preach religion through our church at home and abroad, and whose benefactions reach a larger amount in aid of Christian and benevolent objects, than those of Trinity Church and its chapels, with the vast endowment it controls. Q. Has Trinity Church ever established hospitals or other institutions for the benefit of the poor 7 A. Trinity Church has never, to my knowledge, established any hospital or public insti- tution for the spiritual or temporal benefit of the poor in connee- tion with the Protestant Episcopal Church, or otherwise, Q. What increase has there been in the number of the Pro- testant Episcopal Churches in the last ten years '? A. I doubt whether there are any more Protestant Episcopal Churches in the city now than there were ten years ago. The increase has been very slight, if any, Q. What increase in the city churches in accomodation for the poor? A I think but little additional accommodation, if any. Q. What increase in the city population in that time 1 A. Probably over 200,000. Q. Has the Protestant Episcopal church increased in numbers in that time 1 A. It has largely increased, Q. Has the poor increased in proportion 1 A. They have kept pace fully. Q. What increase in the value of the property of Trinity church in that time. A, I think it has more than doubled. Q. Is there, or is there not, in the city a prevailing sentiment against appropriations by Trinity church to country churches 1 A. There is not. The complaint against Trinity church is not for what she has given, but for what she has withheld. R. S. Rowland^ re-called, — Q. Have you made any application yourself to Trinity church in behalf of some poor church? A. Two and a half years ago, I made a proposition to Trinity church to give $20,000, $15,000 for a free church, and $5,000 for schools connected with it, if they would contribute, I think it was, $10,000 to the same purpose. They took no notice of it ; they 120 REPORT or SELt CT COMMITTEE did not even acknowledge the receipt of my communication. One year ago I renewed this proposition in another form. The application was for about |1 5,000 for aid to two churches, the Holy Apostles' and St. Timothy's, offering at the same time, on my part, a similar amount. The standing committee- of the vestry have reported against accepting my proposition, hut the vestry have it still under consideration. Members of the vestry have stated that they reported against it, from the fact that they had no tunds. While this was pending they have expended $15,000 for the improvement of St. John's chapel and the schools connected with it. The two churches for which I applied were very poor and needy, and while my application has been pend- ing they have finished an expensive chapel in Twenty-sixth-st.,. for a neighborhood that, it is my impression, was able to build one for themselves. Q. Do you receive any salary in the church where you are rector? A. I do not receive any; my services are rendered gratuitously, in addition to which, I pay from $500 to $1,200 annually towards supporting the assistant-minister and mission- ary connected with {\ie cl.urch, because my congregation are not able to support one minister. Q. What is the nature of the advances made by Trinity church to other churches ? A. When Trinity church makes advances to other churches, it is my impression it is done as benefactions; it is treated by them as a charity from them, rather than as an application of the trust funds to which all the churches have a right. Q. Do you think there is a prevailing sentiment among^Epis- copalians in this city against the distribution of the funds of Trinity church among country churches? A. I do not. ■ Q. Do you think the possession of this property by Trinity church, managed as it is, prevents the growth of the church in this city? A. I think it does. G. J. Geer^ sworn: I am an Episcopal clergyman in the city of New-York. I am assistant minister in the church of the Holy Apostles, and rector elect of St. Timothy's church, in Fifty-first street. In the whole region of the northwestern part of the ON AFFAIRS OF TRINITY CHURCH. 121 city, from Twenty-sixth street up to St. Michael's, Bloomingdale, I am the only resident minister that I am aware of, who sus- tains parochial relations of the Episcopal church. The spiritual destitution throughout that portion of the city, is awful. I was elected rector of St. Timothy's one year ago last November or October. During that time, I have supplied them with Sunday services, and have answered such calls as have been made upon me for parochial duty, in that whole neighborhood, from Twenty- sixth-street to Fifty-fifth-street. There is a small church in the Eighth avenue, near Fortieth-street, the church of the Advent, the rector of which resides down tow^n; so, that for the minis- trations to the poor, there is no other provision made. It has been represented to Trinity church that we are ready to begin an earnest parochial work for the upper portion of this section of which I speak, and we only wait for the acceptance of the propo- sition of the Rev. Mr. Rowland. This proposition still remains unaccepted, and at their last meeting, I am informed the standing committee unanimously reported against it. The reason assigned by various members of the vestry, was want of ability; and in- dividual members of the vestry acknowledged the proposition the noblest ever made to it. During this year, I think in the spring, a letter was addressed to Trinity church, by a warden and the vestrymen of St. Timothy's church, calling their atten- tion to this proposition of Mr. Howland, and setting forth the great want of a church in that neighborhood; which letter has never received the slightest attention, that we are aware of. In my judgment, the selling of Zion church, or the permitting it to pass out of the hands of the Episcopal church, in this city, was indicative of a want of serious joncernfor the spiritual wants of that most destitute portion of the city, on the part of Trinity church. Zion church was located in the five points. I w^as in- formed that the clergy of the city did make great efforts to have the church retained. I have been informed that the Roman Catholics have become possessed of it. Trinity church gives to St. Timothy's church, two hundred dollars as a stipend, which she can cut off'at any moment. Jilfred B. Beachj sworn: I am an Episcopal clergyman in the city of New-York — rector of St. Peter's church, in 20th-street,* 122 REPORT OP SELECT COMMITTEE My cliurch made application within two years, to Trinity church for aid, St. Peter's church was very much in debt, and the application was for relief from that debt. A full statement of our debt of $ J0,000 was made to Trinity church, and aid asked to relieve us from it; the church is situated in Chelsea, a poor part of the city; was built in 1836, and became involved, owing to the failure of those who undertook the building Trinity church advanced to St. Peter's $25,000, taking a mortgage lor it, or rather St Peter's borrowed of Trinity church, |25,000 which she first granted as a loan, then on application from St. Peter's for Trinity church to assume the bond. Trinity church agreed to let the mortgage remain, on condition that Dr. Moore who had leased seven lots to St. Peter's, would convey the same in fee to St. Peter's church, and also that St. Peter's church would pay a floating debt that had accrued, amounting to some $17,000, which both Dr. Moore and the congregation of St. Peter's did ; we subsequently applied for further aid, which has been refused. Application has been made to Trinity church, by those who had given bonds to allow the mortgage held by Mr. Lenox, to be a first morfgage, which they refused, saying, if after paying oif their mortgage of $26,000, there was enough left to pay Mr. Lenox his debt and one year's interest, they should then apply the balance on account of interest on the $25,000. Mr. Bradish will write out his testimony, and hand it in, by consent of the committee. James Boorman affirms. — I am a merchant of this city. When I was president of the Hudson river railroad company, I bought the lease of font half-lots on Chambers-street, 25x50; they were bought under leases, two of which expired the first of May this year, and two the first of May next year. The ground rent for the whole, under the leases which we bought, was $440. Last year a negotiation was entered into by our board for the renewal of those leases I understood that first the church talked of $4,000 as the rent; the committee subsequently reported they had raised it to $5,000. I remonstrated decidedly, but against my remon- strances, the company agreed, in December, 1855, to pay the $5,000 per year rent, which at five per cent., makes the fee of the lots worth $100,000. ON AFFAIRS OF TRINITY CHURCH. 123 Robert B. Minium^ of the city of New-York, merchant, affirms : Q. Are you a member of the Protestant Episcopal Church 1 A. I am. Q. Have yon examined the maps of the property of Trinity Church, here exhibited, and the valuation made by order of the committee, by Messrs. H. D. Aldrich, Abner L. Ely, John M. Dodd, and J. W. Ritch, and what is their reputation for judg- ment and knowledge, as to the present value of real estate in those parts of the city, where said property is situated ? A. I have seen the maps to which you refer, and I have some knowl- edge of each of the appraisers. They are persons of great res- pectability and well informed regarding the value of real estate. I consider them very competent to make such an appraisal. Q What eifect has the disposing of large masses of property by lease upon the value of contiguous real estate held by indi- viduals ? A. Leasehold property is generally not so well im~ proved as that held in fee, and consequently the effect of large leasehold estates, is usually not favorable to contiguous property. Q. Has the value of the real estate of Trinity Church greatly increased since 18141 A. The lots now held by Trinity Church are doubtless worth three or four times as much as they were in 1814, and probably more. Q. How many Free Protestant Episcopal Churches are there in the city 1 A. I know of ten, but most of them are small inferior buildings, and feebly supported. Q. How many have been established as such by Trinity Church '{ A. That corporation has never to my knowledge built a church with free sittings, though they have contributed to several free churches, and they grant annual stipends to minis- ters of such churches. Q. Has the aid granted to free churches been at all com- mensurate with their ability ? A. The aid given to free churches by Trinity Church, certainly bears no proportion to the magnitude of the estates confided to her direction, nor to the amount (over half a million of dollars,) which she has expended upon two churches for her own use. That sum would have built many free churches. If Trinity Church would realize annually a small number of her city lots as leases fall in, she 124 REPORT OF SELECT COIMMITTEE might SO stimulate tlie erection of free churches as to go far toward meeting the demand for them. Individuals would co- operate in such a measure, as is shown by proposals made to that corporation during the present year, for the establishment of two free churches in destitute parts of the city, provided they would furnish half the cost; these proposals were not accepted by Trinity Church. Q. What increase has there been in the city churches for the accommodation of the poor during the last ten years ? • A. The increase has been very inconsiderable — nothing, as compared to the increase of two hundred thousand in the population of the city during that period. The deficiency of churches for the working classes is shown from the fact that in the 4th, 6th, 13th and 14th wards, having together a population of one hundred thousand four hundred and ninety-nine souls, there is not a single Episcopal church; and the 8th, 11th and 16th wards, with a population of one hundred and twenty-eight thousand six hun- dred laid twenty-six souls, have each but one Episcopal church edifice. This deficiency of churches, and that which is also felt in otlier parts of the city, is, in my opinion, largely attributable to the existence of the Trinity church fund. Individuals regarding that estate as a trust committed to her for the common benefit of all Episcopalians, especially the destitute, will not relieve her from the responsibility, and so long as that fund remains unapplied, I believe that nothing effectual will be done towards placing the services of the Episcopal church within reach of those who are unable to provide them for themselves. Q. Are you aware of any hostility to Trinity church on the part of Episcopalians in the city on account of her donations to country churches ? A. I am certain that there is no such hos- tility; on the contrary, the complaint against Trinity church is chiefly that more of the estate confided to her charge is not realized and applied efficiently to the extension of the church. The large class of Episcopalians who hold this view, are those who give most freely of their own funds towards the building and support of country churches, and they w^ould rejoice to see the Trinity fund ap2:)lied extensively in that direction, especially ON AFFAIRS OF TRINITY CHURCH. 125 for the erection of free churches. They regard the existence of such a great endowment, kept together and constant!}^ increas- ing by the rise of real estate, as a calamity, from its tendency to repress individual benevolence. Their view is, that instead of being held for accumulation, portions of that property should be annually realized and applied to the extension of the church in this citv and throudiout the State. Q. Has the law of the year 1814^ in regard to Trinity church, been acquiesced in or not 1 A. 1 believe that it has not been acquiesced in. In 1846 a large number of Episcopalians united in a vigorous effort for its repeal. It is regarded as unjustly excluding the great body of Episcopalians from participation in a common heritage, and as confining its direction to a very lim- ited number of persons who hold pews, or are communicants in Trinity church or its chapels. Q. Is not aid often rendered in the form of a yearly allowance or stipend, to the clergyman of a parish subject to be withdrawn at the pleasure of Tiinity church ? What effect has aid in this form upon the parishes and clergymen so aided 1 A. The prac- tice of annual stipends is, in my judgment, very injurious, cre- ating a sense of dependence which is calculated to impair the energy and self-reliance of the clergy and their congregation. Stewart Brown ^ sworn : I am a banker in the city of New- York. Q. How many free Protestant Episcopal churches are there in this city 1 A. There are some six or eight free Protestant Epis- - copal churches in this city. Q. How many have been established as such by Trinity church? A. JSot any that I know of. ^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 with the Protestant Episcopal church'?" A. I do not know of her employing any. Q. What increase has there been in the number of the Protes- tant Episcopal churches in the last ten years ? A. There have been some few additions. 126 REPORT OF SELECT COMMITTEE Q. What increase in the city churches in accommodations for the poor 1 A. There is a very great want of sittings for the poor in the churches in the city. Q. What is the reputation of these gentlemen whose appraise- ments have been handed in? A. Mr. Ely I know well. He is a very good appraiser. I think the others are also. Q. What effect has the disposing of large masses of property by lease, upon the value of contiguous real estate held by indi- viduals? A. The effect is very bad, in preventing the improve- ment of the adjoining property or of the leased property itself, which, of course, retards the improvement of the city in that neighborhood. Q. Has the value of the real estate of Trinity church greatly increased since 1814? A. It has very largely increased. Q. In application for aid has Trinity church, in your opinion, favored those whose party views and actions were similar to her own? A. Most decidedly. Q. Have they in any way endeavored to control the free opinion or acts of vestries or ministers who had received or were seeking aid for their churches ? A.I think they have. Q. Have Episcopalians in this city objected to grants to country churches? A. I feel certain not; on the contrary, I be- lieve all who have the best interest of the church at heart would rejoice to see Trinity church doing all she could for the extension of religion and the church throughout the State in country and city. Q. Do you think Trinity Church, in the distribution of its funds, has done all it could for charitable and religious pur- poses ? A. I should say very far from it. Q. Do you know whether the law of 1814 has been objected to by Episcopalians or acquiesced in? A. It has been objected to by those acquainted with its provisions. R. What do you think the effect has been upon the church generally in the city, by Trinity church holding this large fun/i? A. To retard its progress; to dampen the zeal of churchmen ON AFFAIRS OF TRINITY CHURCH. 127 who would otherwise feel the responsibility and necessity of doing the work which they now think it is the duty of Trinity Church, with her large ability, to do. I believe the church in this diocese, this day, would be more prosperous had the fund never existed, because it has been so administered as to prevent individuals from doing their duty. Adjourned sine die. SECOND REPORT Mr. Spencer, from the select committee to whom the report made by them on the 29th day of January last, on the report of Trinity Church made to the Senate on the 19th day of February, 1856, was re-committed, with power to " report by bill or other- wise," respectfully REPORTS : That though the Senate declined instructing the committee to take further testimony in the case, yet understanding the church regretted that so little had been made of the opportunity afforded them in the city of New-York, where the committee made a written communication to the vestry before they commenced taking testimony, and the members of the committee personally invited them to appear before them, and with counsel, deter- mined to afford them full opportunity to produce such testimony as they should now think proper to bring before them, and ex- pressed their readiness to at once proceed to the hearing ; but no witnesses were produced before the committee till the 13th day of February, since which day nearly all their time, when the Sen- ate was not in session, till the fourth day of March, has been devoted to the examination of witnesses and hearing counsel. The church was represented by three counsellors, of high standing in their profession, and one of them a vestryman of the church, and intimately acquainted with the affairs and proceed- ings of that corporation. ^9 130 REPORT OF SELECT COMMITTEE Fifteen witnesses have been examined before the committee by the counsel, at great length, all of whom except two Bishops, and one clergyman recalled, were vestrymen or clergymen of Trinity Church. Mr. De Zeng, the agent of the Church at Albany, w^as also examined as to a single fact. Some interroga- tories were proposed by the committee, there being no opposing counsel, nor were there any witnesses produced except on the part of the church. The testimony was principally given in the form of replies, much of it written, and evidently prepared with a degree ol care worthy of the great importance of the subject ; and it is presumed, from the connection of most of the witnesses with the corporation and their intimate knowledge of all its affairs, that nothing of importance on the part of the Church has been omitted, from the mass of testimony now laid before the Senate. After the conclusion of the evidence, the committee have heard long and able arguments on the facts and on the law, from two of the three learned counsel employed by the corpora- tion and present during the whole of the examination. Every advantage, therefore, has been enjoyed that could reasonably be demanded; still the counsel appear to have thought it their duty, in commencing their argument to do what the vestry had already done in their report, to protest against the right of the Senate to call for any report from the church or to appoint any committee to enquire into its affairs, and in firm, but not disre- spectful language, to deny the authority of this committee to prosecute the enquiry in which they were then under your ap- pointment engaged. The committee supposing they were yield- ing to the wishes of the church in thus devoting their time to hear the testimony she was pleased to bring before them, would have been quite willing the objection should have been made at an earlier stage of the proceeding, but did not think it right then to decline to proceed, and for several days quiety listened also to the very long arguments of the counsel from whom the objec- tion proceeded. It has been mentioned that during the progress of the exami- nation, no counsel appeared in opposition to the corporation of ON AFFAIRS OF TRINITY CHURCH. 131 Trinity Church. After the testimony was closed a professional gentleman appeared in behalf of the persons claiming to be ex- cluded corporators, who participated in the discussion of the legal questions involved, and of those matters of fact in relation to which there was no material conflict. The argument on both sides was full and elaborate, and the committee feel assured that all the questions at issue have received a careful and thorough investigation. The rights of Trinity Church under the several grants of the crown of England; and the rights of those claiming to be cor- porators, were freely discussed by the counsel ; and before proceeding to speak of the testimony the committee would briefly state the conclusions to which they have been led. The right of the corporation, to the property now held by Trinity Church, was granted in the charter of 1697, (which included the church and cemetery, or churchyard,) and the grant of the King's larm, made in 1705, which included the great estate of said corporation. By the original charter of 1697, it is declared " Tliat the afore- said church, (meaning the church erected previous to 1697, on the site upon which Trinity Church is erected,) erected and built as aforesaid, and situate in or near the street called the Broad- way, within our said city of New-York, and the ground there- unto adjoining, inclosed and used for a cemetery or churchyard, shall be the parish church and churchyard of the parish of Trinity Church, within our said city of New-York, and the same is hereby declared to be for ever separated and dedicated to the service of God, and to be applied therein, to the use and hehalj of the inhabitants from time to time inhabiting and to inhabit within our said city ofJ^Tew- York^ in communion of our said Protestant Church of England^ as new established by our laws^ and to no other use or pur- pose whatsoever." And it is further declared that the royal will and pleasure is to make and create, and the Rector of said parish, 132 REPORT OF SELECT COMMITTEE " together with all the inhabit ants from time to time inhabiting and to inhabit in our said city of JYew- York^ and in communion of our aforesaid Protestant Church oj England^ as now established by our laws, a body corporate, &c.," and then follows the name of the corporation created, which is in these words : " We have or- dained, constituted, and declared by these presents, for us, our heirs and successors, do ordain, constitute, and declare, that he (Lord Bishop of London) and his successors, and all such of our loving subjects as now are or hereafter shall be admitted into the communion of aforesaid Protestant Church of England, as now established by our laws, shall be from time to time, and forever hereafter, a body corporate and politique, m fact and namCj by the name of the Rector and inhabitants of our said city of JVew-Yorkj in communion of our Protestant Church of England.^ as now established by our lawsP It is further declared that for managing the affairs and busi- ness of the corporation, there shall be annually elected two church wardens and twenty vestrymen, " by the majority of votes of the inhabitants of the said parish in communion, as aforesaid?"^ The said grant is recorded in the Secretary's office, in book of pa- tents, No. 7, page 82, &c., to which the committee refer, and make part of their report. In 1704, the Colonial Legislatui'e confirmed the grant ol 1697, by an act entitled " An act for granting sun- dry privileges and powers to the Rector and inhabitants of the city of New-York, of the communion of the Church of England? as by law established." In the first section of the act, it is de- clared that " the Rector, &c.," " and their successors " be able to sue, &c., (here enumerating the powers of the corporation,) and by section 6 of said act, it is enacted " That it shall and may be lawful for the inhabitants aforesaid to assemble and meet together on Tuesday, in Easter week, annually, at the said church, to choose two church wardens and twenty vestrymen, communicants of the said church, to serve and officiate for the next ensuing year, by the majority of the voice of the said communicants so met, and not otherwise" In 1705, Queen Anne, after reciting the act of 1701, that the Rector and inhabitants of the said city ON AFFAIRS OF TRINITY CHURCH. 133 of New-York, in communion of the church of England, as by law established, had petitioned for a grant of the land known as the Queen's farm, unto them and their successors, for the use of said church, makes a grant in these words : " We have given, granted, ratified and conlBlrmed, in and by these presents, for ourself, our heirs, and successors, we do give, grant, ratify and confirm, unto the said rector and inhabitants of the city of New-York, in com- munion of the church of England, as by law established, and their successors, all and singular, the said farm, &c.," "to have and to hold said farm unto the said Rector and inhabitants of the city of New-York, in communion with the church of England, as by law established, and their successors forever." The committee refer to said grant, recorded in Secretary's office in Book of Patents, No. 7, page 338, &c- No further legislation was had until after the revolution, in relation to this corporation, and until the act of 1784 was passed, entitled "An act for making such alterations in the charter of the corporation of Trinity Church as to render it more conformable to the Constitution of the State." No mate- rial alterations were made in the act of 1784 affecting the origi- nal powers granted to the corporation. By section three of s;;id act, it is enacted " that all persons professing themselves members of the Episcopal Churchy who shall either hold, occupy or enjoy, a pew or seat in the said church, and shall regularly pay to the support of the said church, and such others as shall in the said church partake of the Holy Sacrament of the Lord's Supper, at least once in every year, being inhabitants of the city and county of New- York, shall be entitled to all the rights," &c. The said section is preceded by the following : " Whereas, doubts have arisen on those parts of the said charter and law first above men- tioned, which speak of inhabitants in communion of the said church of England — for removal whereof: § 3. Be it further enacted, &c." In 1788 the corporate name was so altered as to change the title to " the Rector and inhabitants of the city of New-York in communion of the Protestant Episcopal church in the State of New-York." 134 REPORT OF SELECT COMMITTEE The next legislation was the act of 1814, by which the title was altered to " the Rector, Church-wardens and Vestrymen ol Trinity Church, in the city of New- York;" and by section two it i*5 enacted " that all male persons of full age, who, for the space of one year preceding any election, shaft have been mem- bers of the congregation of Trinity Church aforesaid, or of any of the chapels belonging to the same, and forming part of the same religious corporation , and who shall hold, occupy or en- joy a pew or seat in Trinity Church, or in any of the said chapels, or have partaken of the holy communion therein within the said year; and no other person shall be entitled to vote at the annu- al elections for the church-wardens and vestrymen of the said corporation.^^ The complaint made is against the provisions ot this section, that it excludes from the corporators a large body of Episco- palians, inhabitants of the city of New-York in communion with the Protestant Episcopal Church, who are beneficiaries under the original grant of 1697, and that by reason of cutting off the right granted to them in the original charter, the act of 1814, is void. The committee have come to the following conclusions as to the effect of the law of 1814, and the rights of corporators un- der the several grants and acts passed in relation to the said cor- poration. 1st. That from 16^7 down to 1814 all persons in communion with the Church of England, or the Episcopal Church, being inhabitants of the city of New-York, were corporators and enti tied to vote for wardens and vestrymen ^ and under the act of 1784, pew holders were entitled to the same right until 1814. 2. That the act of 1814 excludes all such persons unless they are communicants or pew holders in the Church and Chapels of Trinity. 3d. That the Episcopalians at large in the city of New- York had pre-existing rights in the property and franchises of the cor- ON AFFAIRS OF TRINITY CHURCH. 135 poration. under the grants and acts previous to 1814; and the act of 1814 which assumed to divest those rights without their con- sent was unjust and unconstitutional. 4th. That the Cljurch and cemetery were by the original grant declared to be dedicated "to the use and behalf" of the persons claiming to have been disfranchised under the act of 1814, and to the extent of the Church and church yard, all the inhabi- tants of the city in communion &c., were by the terms of the grant itself corporators and beneficiaries. 5th. The property granted to the Church by Queen Anne, is given to the "Rector and inhabitants of the city of New-York in communion with the Church of England," and is held by the corporation to the same use as the Church and Church-yard under the original grant. Especially is this so when taken in connection with the act of 1784 which declared that all persons members of the Episcopal Church, either as pew holders, con- tributors or communicants being inhabitants &c., are entitled to all the rights, privileges, benefits and emoluments, which in and by the charter and law of 1704 are designed to he secured to the inhabitants of the city of JYew-York^ in communion of the Church of England. It is contended by the counsel for Trinity Church that the Legislature have no power to repeal the act of 1814. We think there is no question as to the power existing in the Legislature to repeal. The principle is undoubtedly well settled that where a law is in the nature of a contract^ and when absolute rights have become vested under that contract, a repeal of the law can- not divest those rights, and a sovereign state has no power to pro- nounce its acts so far invalid as to affigct a right of property or its enjoyment whicli has become vested. Tliis would be repug- nant to the Constitution. But inasmuch as your committte have come to the conclusion to introduce a bill to amend the act and not to provide for its repeal this question does not properly arise. By the proposed amendment the right of the corporation, its powers and franchises are not to be disturbed ; the corporators made • su3h by the act of 1814 are still to be left corporators. The 136 REPORT OF SELECT COMMITTEE amendment proposed would restore the corporators who were disfranchised by4he act of 1814, and thus enlarge the number of corporators. The principles laid down in the Dartmouth college case were completely overrode by the act of 1814. That act subverted vested rights. The 2d section of the act of 1814 gave no new powers or franchises. Nothing in the section which it is proposed to repeal has any of the qualities of a con- tract. By restoring the rights of those who were corporators under the charter, the original grant will be upheld, the Consti- tution acknowleged, and no injustice done to the corporators of the church who existed previous or subsequent . to the act of 1814. By denying the right of the corporators made such under the original grant, the grant is defeated, the Constitution violated, and the rights of the corporators utterly destroyed. The objection which is raised to the proposition to allow "all the inhabitants in communion, &c.," to vote for vestrymen, for the reason that it may create tumult or confusion,is one of little weight, compared with a right vested under ancient grants and acts. It may become an unwieldy corporation, but in looking at the right of the benefici- aries we can hardly be called upon to take into account the diflS.culties which may attend the annual elections. Nor can we see that any such difficulties are likely to arise. It appears from the testimony, that the present condition of the Parish is one full of spiritual life and activity. Additions have been made to the nimiber of the clergy ; they have been assigned to specific fields of duty ; Sunday schools, parochial schools, in- dustrial schools have been started; systematic lay visiting, among emigrants and the poor in the immediate vicinity of her church and chapels, has been provided for ; and great additions to her congregations have resulted already, these labors being mainly among the poor below Canal-street. All this good work appears have been done since the resolutions of inquiry passed the Senate, on the 13th of April, 1855. Resolutions had indeed been intro- duced into the vestry by Mr. Dix, in May, 1854, in favor of such a change, but they were not acted on. A committee of the Vestry also appears to have been appointed in the autumn of 1854, on the same, subject, but no result seems to have fol- lowed. The first actual step was taken June 11, 1855, and all the rest has been accomplished since then. Your committee do not assert, liowever, that this great and happy change is due, in any degree, to the action of the. Senate; for the Rector declares ON AFFAIRS OF TRINITY CHURCH. 137 emphatically that "neither the fear nor the favor of man had any. thing to do with it." The substance of the rector's pamphlet entitled " Facts against Fancy ^'^ and also of his Rejjort to the Vestry, will be found copi- ously embodied in the evidence, with additions bringing the account up to the present day. It appears, that in all from the beginning, 201 churches in this State have been aided, more or less, by Trinity Church. Of these 41 are in the city of New- York, 89 in the rest of the diocese, and 71 in western New-York. The Rector, after a careful examination of the books, states the whole amount of money grants, since 1814, to be $998,705.60, which does not differ materially from the sum stated in the late Report of this committee. The additional items include several monu- ments erected for patriotic purposes. The Rector's testimony mentions that tw^o churches have been "endowed" within a few years — the Annunciation with $25,000, and the Church of the Redeemer, at Yorkville, . with $9,000. These ^^endowments'' w^ere omitted from the Report of the Vestry, and are therefore new to your committee. In that Report^ how- ever, the sum ot $26,800 is set down as paid to the Church of the Annunciation "for its support,'-^ — the same phrase which describes the ordinary grants and stipends to other churches. And in Facts against Fancy the sum of $9,000 appears in connection with the Church of the Redeemer, Yorkville; not as an "endowment," but as the amount to which that church is mortgaged to other parties, and. of which mortgages Trinity has undertaken to pay the interest. The omission therefore to mention these two cases as "endowments," appears to be the more correct. The torpor that was supposed to affect so largely the parish and the administration of the vestry, is strongly denied. The falling off" in contributions from the congregations is attributed wholly to the changes of the city, which have left few of any "wealth or condition" yet connected with Trinity Church or her chapels. The small number of voters at elections is regarded as proof of the high satisfaction of the corporators with the doings of the vestry, rather than as an evidence of torpor. In the Ves- try itself, the supposed monopoly of knowledge and power by the standing committee is declared not to exist. The Rector testi- fies that the reports made by that committee are overruled by the Vestry, "scores of times;" or as Mr. Verplanck more quietly ex- presses it, this reversal takes place " sometimes and in unimpor- 138 REPORT OF SELECT COMMITTEE tant matters." Mr. Dix could not tell whether the estate of Trinity Church is now of much greater value than at any other period ; giving as the reason of his inability, that he ' 4 s not a mem- ber of the Finance Committee," which is merely the same Stand- ing Committee acting under another name. Tht' annual statement of the affairs of the corporators, it is testified, is not printed; and no report whatever is made at any time to the corporators. The Rector is the only one of the nine clergymen of the parish, who has a seat in the vestry. The charge of partizanship in making grants, is repudiated in very decisive and indignant terms. It is due to the Rector to place prominently in this report his protestation in regard to this charge. He says : " 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 never heard a syllable from any member of that body, in any application before them, which would warrant the charge.'' Mr. Dix strongly denies that party divisions have ever been alluded to in connection with applications for aid ; and adds, that he cannot be deceived in thus estimating the principles of action in the vestry, except " upon the hypothesis of a depth of dissim- ulation on their part, and an obtuseness of perception on his own, too gross for the largest credulity.'' Mr. Skidmore would resign his place as a member of the standing committee if he thought an application, otherwise meritorious, should be re- jected on the ground of its being " low Church." Mr. Moore, however, admits, somewhat of personal partiality in the making or withholding of grants, as being inseparable from human nature. On examining the records of votes in the diocesan convention for a series of years, it appears from Dr. Haight's evidence, that of the sixty-six Churches mortgaged to Trinity, eight have at one time or other voted against her, and that of the 130 aided by her at one time or another, not so many as 30 are on the record as op- posing her in the diocesan convention. It is testified, also, that stipends have been taken away from low Church parishes, on the ground that they were wealthy enough to need them no longer. In connection with this charge of partisanship, no explanation is given of the extraordinary disproportion of the grant to the Church of the Annunciation ; nor of the great difference between the treatment of St. Luke's and St. Matthew's. Both of these last are testified to have been poor, unable to do without assistance, and ON AFFAIRS OF TRINITY CHURCH. 139 to be surrounded by the property of the corporation ; yet one is kept up by large grants amounting at present to $2,200 a year, and in the other case property worth $15^000, with an incum- brance of only $1,300 is sacrificed without any grant, when balf the amount given to St. Luke's would have been enough to sup- ply all that was needed. Among all the stipends now and of late years granted, the only one that is stated in the evidence, to be given to a low Church clergyman, amounts to $300 a year. Repeated efforts are made to do away with the idea, that " Trin- ity church has never, at any time, established or endowed any institution of charity or benevolence, even for her own poor." In this connection, the endowment of Columbia College a cen- tury ago, the endowment of the society for the promotion of re- ligion and learning, and also of Trinity school, both before 1814, and the grant to Hobart Free College of $50,000, not many years since, are chiefly relied upon; although, from the fact that men- tion was made of institutions of " learning " as distinct from those of " charity or benevolence," it w^as manifest that educa- tional institutions were not referred to. The grants to African and diocesan missions, can hardly be regarded as belonging to this department of operations. Nothing else is mentioned, how^- ever, as having been done previous to the resolutions of enquiry in 1855. Since then, mention is made, in this connection, of the industrial and parish schools, the lay agents in visiting, the free burials in the cemetery, the collections in the churches, and the communion alms, as well as the Ladies' Dorcas sewing society for the poor : all very excellent in their way. But to speak of these as proving that Trinity Church has established or endow- ed institutions of charity or benevolence," is using language in a sense somewhat remote from its ordinary meaning. What seems nearer to the point, is the manner in which the lands now held by St, Luke's Hospital were obtained. A claim upon land at the foot of Duane street, which the city corporation sold to the Erie R. R. Company, was released by Trinity in consideration of lots high up the Fifth Avenue, given to St. George the Martyr, for a hospital. St. George the Martyr 140 REPORT OF SELECT COMMITTEE being unable to build within the time specified, the land was passed over to St. Luke's Hospital, as the only available means of preventing its total loss to the Church by lapsing back to the citf. This has never appeared in any published lists of grants made by the Vestry, the title of the lands proceeding directly from the city; but it is claimed, and justly, as being virtually derived from the corporation of Trinity Church. It will appear, from a careful examination of the mass of evi- dence presented by Trinity Church, that every point of impor- tance set forth in the previous report of your committee, is here abundantly corroborated. Additional evidence proves the difficulty in obtaining a copy of the list of corporators, only one copy appearing to have been ever given, and that not until after a formal vote of the Vestry. The list is stated to be inaccurate also, Mr. Verplanck believing that " many" names are omitted from the list of persons entitled to be entered. No contradiction is offered to the statement in your Com- mittee's report as to the singular pew-leases first given at Trinity Chapel. The explanation is, in substance, that it was a measure of over prudence, adopted in order to prevent the intrusion of pew holders who had no sympathy" with the Vestry. The measure was condemned at the time by some of the Vestry them- selves, and is defended now by none. It is testified that both before and after 1814, the claim has been made by one or more members of the other city congrega- tions, of the right under the charter, to vote at the annual elec- tion of wardens and vestrymen ; but that the parties so claiming have not at any time commenced an action at law for the en- forcement of their claim. A copy of the resolution passed by the Vestry in 1812, is included in the evidence of Mr. Dix, from which it appears that the Vestry excluded all the members of the other parishes, of their own motion, first; and then applied to the Legislature for the legal power to do so, afterwards. Instead of showing that the policy of the corporation has been unvarying," as the Vestry at first reported, the evidence proves ON AFFAIRS OF TRINITY CHURCH. 141 that the policy has been changed; that the era of change was, as asserted by your Committeej the year 1814; and that this change is now openly avowed and defended as being wise and beneficial. But more of this hereafter. * Much stress is laid upon the debt, as a restraint upon the liberal desires of the corporation, this debt being now — after de- ducting productive mortgages — somewhat less than half a mil- lion ot dollars. This debt is pleaded as causing the inability to accept the noble proposition referred to in the report of your committee, as well as incapacitating them to grant many other applications. The increase of the debt during the past ten years does not appear to be so much as the cost of the new chapel, a building, however, which seems to have proved much more ex- pensive than was originally intended. The whole present amount of the debt, after deducting the productive mortgages, is more than equaled by the cost of the parish church and the new chapel united. During the past ten years, the aggregate of annual deficits is set down as $273,597.25; the grants during the same time amounting to $288,141.05. The deficits have been met by sales of real estate. The charge of accumulation is denied on the ground that accumula- tion means the reinvesting a portion of income as an addition to the principal — a sense in which it does not appear that the charge was made. The parochial expenses, it is testified, cannot be diminished, and rather need to be increased. The salaries of the clergy are not extravagant, being exceeded by those of St. George's, Calvary and Grace churches. But notwithstanding all these deficits, this growing debt'' and consequent " inability," there is a unanimous agreement among the witnesses that the gross value of the estate has been steadily rising, and is higher now than ever before. No attempt whatever is made to show that the valuation of the church estate as embodied in the report of your Committee, is too high. The only reduction claimed on the total of the productive estate is in the matter of the allowance to be made on account of leases yet to run. But the committee deem it unnecessary to go into any calcu- lations of the value of leases or of other deductions, the 142 REPORT OF SELECT COMMITTEE resolutions of the Senate, called upon the Church to state the estimated value of its real estate "irrespective of the leases" — this not having been done, the committee have endeavored to supply the omission, by taking the valuation of competent ap- praisers as stated in their former report at $6,087,050; and adding to this |400,000, the price placed upon the St. John's Park property, making together, |6,487,050. This is exclusive of personal property, of which the Church reports a large amount, but which was not called for by the Senate, nor was the Church called upon to report the amount of their indebted- ness, which appears to be very inconsiderable, after deducting the "productive mortgages" held by the corporation, and taking into view the value of its property, much of which can be con- verted into money at very short notice. As to the gross valua- tion here stated, the committee do not understand the Church to deny its correctness. The striking discrepancies as to the value of certain lots in the report of the corporation, compared with the actual prices at sale or on reletting, are excused as having been left uncorrected "by inadvertence;" the report being several months in course of preparation. There is no doubt that the excuse is true. But if the whole report was to be based on the assessors' estimates, it does not appear upon what principle a correction could have been made in those few cases, without betraying the striking difference between the two modes of calculation. The Church mortgages are strongly stated, by all the witnesses who speak of them, to be taken only "to secure to the permanent use ot the Protestant Episcopal Church of the United States, the Church buildings and property upon the security of which" the loans were obtained from Trinity Church. It is denied that they are regarded as properly a debt at all, though it is in evidence that they were reported as such in 1854. The loans thus made are looked upon as absolute grants. Yet it is testified that in two cases, those of the City Mission Society and St. Peter's Church, the loans, at first made were purely "business transactions," and "in no sense a gift." In the ease of St. Peter's, too, the repay- ON AFFAIRS OF TRINITY CHURCH. 143 ment of the loan was at first guarranteed by the personal bonds of the members of that parish; these being afterwards surrendered, however, the mortgage then took the ordinary form. No expla- nation is given of the fact that the mortgages held by Triifity over the old Zion Church, and the old Christ Church, did not "secure to the permanent use of the Protestant Episcopal Church" those buildings and property. They were sold, one to the Romanists and the other to secular uses. Trinity remitting the interest, but taking a new mortgage on the new churches up town, as being equally good security. It is clear that there is legal power to foreclose all these mortgages, but it is equally clear that it could not be done without a violation of good faith; and, as Mr. Moore expresses it, if the Church were to foreclose one of then I, "such a clamor would be raised, that they would never hear the last of it." It will be remembered that the comptroller testified $400,000, to be the sum fixed by the corporation, after much discussion, as that for which they would sell their interest in St. John's square. Mr. Dix testifies, that he looks upon this sum not as representing the value of the interest of the corporation in that property, but as " the measure of damage that would be done to Trinity Church by destroying the park." Mr. Skidmore, a member of the standing committee, testifies that the value of the corporation interest in the park is not more than $75,000. The enormous discrepancy is beyond the power of your committee to explain. Leasehold property in certain quarters of the city is shown to be capable of the highest class of improvements. It is testified by members of the vestry, that they administer their trust solely as the representatives of Trinity parish proper, and as making grants out of her bounty, and from property which is exclusively her own. They acknowledge no obligation to " the inhabitants of the city of New- York in communion of the Pro- testant Episcopal Church of the State of New-York." It is testified strongly, that the Protestant Episcopal Church has not kept pace with the increase of population in the city of 144 REPORT OF SELECT COMMITTEE New-York, and that there is in parts of that city a want, and as some say a great want, of more Episcopal churches, especially free churches for the poorer and laboring classes. Mr. Dix tes- tifies to the existence of a population of 120,000, below Canal street, to meet which Trinity has only four churches. The des- titution in other parts of the city is shown to be still more press- ing. It is admitted that Trinity has, in fact, never at any time built a free church. But it is contended that she has done so in effect, by contributing almost as much money as the erection of such a church required, or by keeping up as free churches, buildings which she might have sold or removed with better prospects of self-support. The effectiveness of the mode in which Trinity has aided other free churches, may be best seen by examining their condition, as showed by her own clergy. Dr. Haight gives a list of all in the city, amounting to nineteen; of which lour are sus- pended (three of them being fairly dead;) two are worship- ping in halls, having no buildings of their own; and thir- teen have church buildings, averaging only 450 to 500 sit- tings, each; an amount of accommodation insufficient for suc- cess on the free church plan. The rest are generally in so fee- ble a state, that, as Dr. Berrian testifies, if the stipend of Trinity were withdrawn, " the most of them would ' languish,' and the rest would in a short time absolutely perish." Great credit is claimed for the degree in which Trinity Church and St. Paul's and St. John's chapels may be regarded as free churches. But here, too, there seems to be a discrepancy in the testimony, not easily to be reconciled. The report of the corporation to the Senate in February, 1856, claims only 1,065 free sittings as the whole number in the four churches of the parish, including the seats in the aisles. Dr. Berrian testifies that there are now 1,200 to 1,300, — not a very great difference. Trinity Church is said in the report to have only 56 free pews, or 280 sittings. Yet Mr. Dix testifies, that " much the greater part of the pews in Trinity " are free, that Church being able to seat over 1,000 persons. Mr. Verplanck also testifies, that the pew rents in Trinity Church amount only to $157 a year, which is very small if only 56 of the pews are free. Again, the report of 1856 claims only 39 free pews for St. ON AFFAIRS OF TRINITY CHURCH. 145 Paul's, while Mr. Dix testifies, that of its 144 pews 104 are free; and Mr, Verplanck states its annual pew rental to be only §280. These discrepancies are not easy to explain, but it is evident that those churches, with St. John's chapel, are rapidly becom- ing more and more free. ' This, it is testified, is owing to the fact that the classes of persons able to rent pews are rapidly leaving those parts of the city, so that the vestry could not rent the pews even if they would. The only alternative, therefore, is to make the seats free, or else tear the churches down and re- move them to the upper portions of the city, which Trinity has never contemplated doing. Were all these churches wholly free, however, they w^ould still be very far from enough to supply the great need of that portion of the city, to say nothing of other por- tions yet more destitute. And this work, as Mr. Dix testifies, is so peculiarly the duty of Trinity, that if she does not perform it, nothing will be done at all. Although it IS testified that no new churclies have been built up, set off and endow^ed with competent estates since 1814, that the corporators have never since then been divided, that the policy of landed endowment has been abandoned, and that the estate of Trinity Church, instead of being broken down, is now more valuable than ever before; yet no direct attempt is made to disavow or disclaim the representations urged by Col. Troup, in order to obtain the law of 1814. On the contrary, it is testified by Dr, Berriaa, that Col. Troup was one of the vestry of Trinity at the time, and was also one of a " committee, appointed by the vestry, with full power to make application^' for that law to the Legislature. This, of itself, clothes his representations w4th a degree of authority which cannot be impaired by inference or inuendo merely. And this position of authorized agency ex- plains the reason why he, rather than any other person, was " asked for his reasons in support of the bill." Another consideration is important on this subject. The law of 1814 embodies the requests of the vestry itself, as contained in its petition, made at the time. The only three things they ask for, are the alteration of the title of the corporation, the exclusion of all outside of Trinity parish as corporators, and to be relieved from the obligation of making any inventory and account, except after the acquisition of additional property. 10 146 REPORT OF SELECT COMMITTEE These three things are all embodied in the 1st, 2d and 6tb sections of that law. The Sd, 4th and 5th sections, however, i^ontain provisions which Trinity did not ask for in her petition. It is known that there was strong opposition to the law in certain quarters, and it is evident that these additional sections, — which provide for dividing the corporators, and for building, setting off »nd endowing new churches with competent estates, — were in- serted as the palatable and popular features to enable the bill to pass. The other provisions were for the benefit of Trinity only. These were added, to show that the law would be a benefit to others also. It is evident, moreover, from the language used by Ool. Troupy that when two members of the Council of Revision asked him for his reasons in support of the bill, they meant the reasons which he had previously urged in the Legislature, in what he himself alludes to as " his zealous exertions to procure the passage of the bill through the two Houses." This is evi- dent, too, from the authoritative manner in which he declared such and such things to be the " objects of the bill." And no other explanation of those objects, so far as the 4th and 5th {^actions are concerned, is known to your committee to be extant. To argue against the authority of his representations, therefore, because the date of his pamphlet is subsequent to the passage of the law through the two Houses, is altogether inconclusive. The change of policy, therefore, which took place immediately after obtaining that law, and the non-fulfilment of the represen- tations made to secure its passage, cannot be relieved from the construction placed upon them in the previous report of your committee. Two points appear to demand a change in the existing law. At present, there is no practical responsibility to which the ves- try can be held, as a security for the proper administration of their vast estate, except by means ot inquiry through the Legis- lature. This, in its own nature, must be irregular, and open to* more or less of delay, irritation and unsatisfactoriness generally. The courts of law are too expensive and too tedious to make it worth while for individuals to try their strength, in that mode,, with a corporation worth millions. Nor does there appear to be any manner in which responsibility can be secured ecclesiastic> ON AFFAIRS OF TRINITY CHURCH. 147 ally, any more than civilly. Bisliop Potter testifies that he has no power to supervise the grants of the vestry; that his assent is not necessary to the validity of their acts; that they make no report of their doings in money matters, either to him or to the convention of the diocese; that he is not cognizant of the internal or financial affairs of the corporation; that it isnot the practice of the vestry to consult with him in regard to the making of grants, and that he does not wish to be thus consulted; that he has taken care to have it understood that he can exert no influence in behalf of applicants; and that he is even afraid to propose plans of his own to Trinity, because of their debt. He testifies that his power is purely spiritual, and that it is only in case of charges of crime or immorality that the rector or any vestryman would be in anywise amenable to him in the way of discipline. The sole practical power of re- medying any evil in the vestry, appears, therefore, to reside in the corporators, to be exercised at the annual election. And yet, even this measure of responsibility is now, and has been for a long time, wholly neutralized by the fact that the vestry never present any report w^hatever to the corporators, who, being thus kept in ignorance, enjoy a degree of satisfaction with the vestry, which leaves them without any motive to attend the polls. As some real safeguard is, however, absolutely necessary for the wise and responsible administration of this immense estate, your committee would therefore recommend that the vestry be required to furnish to all their corporators, in print, by the 1st of February at the latest, a full and minute statement of the de- tails of their income and expenditure during the year; what lots have been sold or relet, and on what terms; what grants have been made, and to whom; what bonds and mortgages are held; and what is the estimated increase or diminution in the gross value of the estate of the corporation; and also, that they be required to append thereto a complete and correct list of all the corporators ot the parish. This will enable them to perform their duty with intelligence. And this will appear to be the more necessary, when we con- sider the extreme change that has already taken place and is 148 REPORT OF SELECT COMMITTEE Still going on in the three congregations of Trinity parish, down town. Dr. Berrian testifies that, between 1840 and 1848, no less than 335 families and 70 individuals left the parish; and the same process has been going on with still greater rapi- dity since. He tells us that nearly all the persons of wealth and condition, even as high up as St. John's Chapel, have re- moved up town ; that Trinity Church is almost entirely occupied by strangers, and the poor, only a very scanty remnant of its former congregation remaining; and that the same is true of St, Paul's, and in some degree of St. John's. Dr. Haight describes the congregation at Trinity as made up of strangers, young men, transient residents, and the poor. Dr* Vinton testifies that the congregation at St. Paul's, is composed mainly of strangers, clerks, mechanics, artizans, porters, washer- women, hucksters, and miscellaneous poor, making their living as daily laborers. Dr. Higbee says that these removals have " gradually and surely deprived Trinity and St. Paul's of their regular congregations, and parochial spirit, responsibility, and efl&ciency ;" and that they " diminish and weaken, in a continu- ally increasing ratio, the constituency of the corporation, thus destroying the equilibrium of the parish, and undermining its foundations as an institution of public charity.'' As an unavoida- ble consequence of this sweeping change, both in the number and the character of the corporators, it has been found impossible to " keep up the standing of the constituency;" and Dr. Berrian ex- cuses the present state of things on the ground that in former times there was " a wider range than now for the choice of dis- tinguished and intelligent vestrymen,'' qualified to administer so important a trust. Dr. Haight, too, when testifying that the vestry have, in his opinion, done their best, adds, the important qualification, "as constituted for the last quarter of a century." It is also repre- sented that the new chapel will preserve the parish from the total change which otherwise seemed impending, but from present appearances, the chapel will soon contain all that are left of the grade of corporators which gave this ancient parish its pre-eminence in olden times; and that a large addition will be made, indeed, to the number of corporators, from among the many communicants in the three churches down town — a number more than enough to out-vote the one small congrega- ON AFFAIRS OF TRINITY CHURCH. 149 tion of the chapel ; but they will be from classes of the commu- nity whose general standing and intelligence will not qualify them to exercise properly the control of the ballot box over the administration of so vast and delicately complicated a trust; and that it is absolutely necessary, therefore, that the con- stituency should be reinforced from that class to which it origi- nally belonged. A repeal of the law of 1814, would effect this; but from defe- rence to the opinions of the two Bishops of the Protestant Epis- copal church in this State, and others of the witnesses, who anticipate great strife and confusion from a simple repeal of that law as a whole, your committee would recommend a modifica- tion of it in only two particulars, leaving all the rest of the law to stand as at present. The first is, the amendment of the second section, by restoring the substance of the third section of the Law of 1784. And the second is an additional section to the present law, providing for an annual report to the corporators of the parish. In conclusion, therefore, your committee ask leave to bring in a bill, in conformity with the recommendations contained in the above report. Respectfully submitted, MARK SPENCER, JAMES NOXON, J. H. RAMSEY. AN ACT To amend an act entitled "An act to alter the name of the corporation of Trinity Church, in New- York, and for other purposes," passed Jan. 25, 1814. The People of the State of J^ew-York^ represented in Senate and Assembly, do enact as follows : Section 1. The second section of the act entitled "an act to alter the name of the corporation of Trinity Church, in New- York, and for other purposes," passed January 25, 1814, is here- by so amended as to read as follows : § 2. Every male inhabitant of the city of New- York of full age, in communion of the Protestant Episcopal Church in th State of New- York, who shall hold, occupy, or enjoy a pew or seat in any Protestant Episcopal Church in said city, in union with the convention of the diocese of New-York, or shall have partaken of the Holy communion therein, wi*hin the year next preceding any election for Church wardens and vestrymen, to be certified by the rector, senior warden, or clerk of the vestry of such Church, shall be entitled to vote, at all elections for Church wardens and vestrymen of this corporation. § 2. The said act of January 25, 1814, ie; hereby further amended so as to read as follows : § 7. " The vestry of Trinity Church, shall once in every year, on the first day of February, furnish to their corporators a prin- ted statement of the affairs of the corporation, including the de- tails of annual income and expenditure, specifying what lots have been relet or sold, and for what amounts, and how many remain; what grants, loans, or stipends have been made, and to whom; what bonds and mortgages are held, of every sort; with the estimated change in the gross value of the corporation estate, if any; and appending also the full and correct list of all the corporators who will be entitled to vote at the easter election then next ensuing. § 3. This act shall take effect immediately. TESTIMONY TESTIMOiNY INTRODUCED ON THE PART OF THE VES- TRY. Friday, February 13, 1857. Present — Senate committee — Senators Spencer, Noxon, and Earasey. The trustees of Trinily Church were represented by- Judge Parker, and 0. Meads, Esq. Rev. Eenjamin I. Haight, called and sworn. Ques. What means have you of being acquainted with the affairs of Trinity Church? A. I have been one of the ministers of Trinity Church fur 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 of 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 Cimrcli has never at any time established or endowed any institution of charity or benevolence, even for her own poor. Is tliis cori ect? A. I know of several instilutions of charity or benevolence wliich have either been established or endowed by Trinity Church for 152 REPORT OF SELECT COMMITTEE the poor. 1st. The charity school originally opened in New- York, in Trinity Church, one hundred and forty-eight years ago^ and whicli has derived its support mainly, especially since the Revolution, from Trinity Church, and in which a large number of poor children have been, not only educated, but clothed, and partially supported. I have been the secretary of the board of trustees of this school, now known as the New-York Protestant Episcopal Public School, for about twenty years last past. Its present available endowment has arisen, in large part, from grants from Trinity Church. A portion of the endowment arose from legacies of individuals. [This statement does not include a bequest of landed estate which has not yet become at all avail- able for the purposes of the school.] For the last twenty^years there have been constantly sixty-four poor boys on the founda- tion, who have received a superior education gratuitously, been provided with the necessary books, and have received part of them, |50 per year, and part of them $30 per year, (there being two departments,) towards their clothing and support. In the appointment of scholars, preference is given to the children of deceased clergymen and of widows. One of the last appointments made was that of a son of a clergyman, recently deceased, in the neighborhood of New- York, who left a wife and several children in dependent circumstances. I mention this as an illustration of the mode in which the charity is administered. Another Institution established and endowed by Trinity Church, is the Society for the Promotion of Religion and Learning in the State of New- York, of which I happen to have been a trustee for a number of years. The income arising from its endowment has been expended in large measure, in aiding in the support of in- digent young men preparing for the sacred ministry. It also contributes annually $1,600 to the support of the Hobart Free College, Gerieva, having, in addition thereto, made a grant in gross of $7,000. I regard this society as one of the most im- portant charitable institutions we have in the State. In Hobart Free College the education is gratuitous entirely, and open to all classes of citizens without reference to religious opinion. Within the last two years several arrangements have been made by the vestry of Trinity Church, having special reference to the ON AFFAIRS OF TRINITY CHURCH. 153 education and general welfare of the poor. About the 1st of December, 1855, a parish school was opened in connection with St. Paul's chapel in which fifty poor children have constantly been received and taught. In connection with Trinity Church, of which I have the more especial charge, a number of arrange- ments for the benefit of the poor have been entered into within the same period. By Trinity Church, I mean the old parish church in Broadway. A colleague has been assigned me to aid in parochial duty with especial reference to missionary work among the poor In the lower part of the city below Fulton street; in addition to which, two lay visitors are engaged among the poor, through whose instrumentality mainly, a large and flourishing Sunday school has been created and sustained in that church, composed almost exclusively of poor children; out of two hundred and twenty there may be five who are not poor children; there has also been established at Castle Garden', which is within my district, an agency having especial reference to the poor members of the church of England and Ireland who are landed at that depot. I deemed it my duty as the assistant minister, more especially in charge of Trinity Church, as soon as the Commissioners of Emigration obtained possession ot Castle Garden as a receptacle of emigrants, to make application to them for permission to visit such emigrants, as above described, on their landing, with a view to their benefit. Permission was granted by the Commissioners, and on my application, through the rector, to the vestry of Trinity Church for the means of sup- porting this agency, the necessary amount was at once voted; it is now the second year of the agency; the sum appropriated the first year was $600; I have asked for $500 for the current year, and shall ask for more if necessary. In regard to my own pa^ rochial labors in Trinity parish, during the whole term of my connection with it, at least three-fourths thereof have been among the poor. During the last conventional year there were nearly one hundred baptisms of children in Trinity Church itself, of whom not more, I think, than three were children of a different class, that is to say, all were children of the poor except three. A detailed report of the services and parochial work of Trinity Church, was made by me to the rector in September last 154 REPORT OF SELECT COMMITTED 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 oiher assistant ministers of said parish, St. George's chapel, Beekman street, has been sustained by Trinity Church for several years past as 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 cliaracter 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 churche>:, 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 free sittings, in the best parts of the church, which are geneially Avell 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 ON AFFAIRS OF TRINITY CHURCH. 155 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 Butch 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 tliis way, the sick, tlie dying and t1ie atflicted, can always be visited by a clergyman within a short period. By far the greater part of tlie work thus performed is among the poor. Recess until 4 P. M., Saturday. 156 REPORT OF SELECT COMMITTEE Saturday, Feb, 14, 4 p. m. Present, the Senate Committee, Messrs. Spencer Noxon and Kamsey. Judge Parker and 0. Meads, Esq., on behalf of the Trustees of Trinity Church. Rev. Benjamin I. Haightj 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 Vestry, 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 ben- tit of the inhabitants in the lower part of the city. Q. The report states, (p. 8,) 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 ? 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 ON AFFAIRS OF TRINITY CHURCH. 157 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, technically, 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 Vestry offered to each party holding a pew in either of their three down-town churches, who might be desirous of obtaining a pew in Trinty Chapel, to credit him with the amount of the rent of his pew down town on condition that, while he occupied the pew in Tri- nity chapel, the Vestry should be entitled to the use of the pew down town. The pews which thus came 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. Paul's have become, in a large measure, free churches and St. John's 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 edifices. 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 Churchl" 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 has 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. 158 REPORT OF SELECT COMMITTEE 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 24, 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 alfairs of the Corporation. If there be a fault in the matter, it cannot justly, be Jaid 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 knowl- edge 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 ON AFFAIRS OF TRINITY CHURCH. 15& parish like ours, in ascertaining who of the male communicant^ 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 sometim^^s permanent absences without notifica- tion to the rector or any of the clergy. Q. It is said in the report of this committee (page 24), 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 1 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 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. J? Q. It is stated in the report of this committee, p. 21., that the elfect of this system, (that is, the system by which Trinity Church has contributed to other parishes, wholly in the way of 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 ? A. I do not think that the aid bestowed in any of the forms mentioned, has 160 REPORT OF SELECT COMMITTEE 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 125,000, 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 cleigy 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 gifts 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 to 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 ON AFFAIRS OF TRINITY CHURCH. 161 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? A. I do not remember of any made Avithin 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 ? 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 1 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 7 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. 11 162 REPORT OF SELECT COMMITTEE Q. You spoke of new arrangements having been made witHn 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 ? A. 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 ? 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. Q. 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,'iOO; 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. ON AFFAIRS OF TRINITY CHURCH. 163 Q. Bo you think clnirch accommodations of all denominations liave 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 Epis- copalians'? A. I think not. Q. Do you know whether St. Matthew^s church made appli- cation to Trinity for aid 1 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 yon 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 164 REPORT OF SELECT COMMITTEE subject and give an answer. I estimate the number of Episco- palians in the city of New-York at from 40,000 to 50,000. 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. Eut preferring to keep her churches down town, in the changed condition ol 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 doiibt 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. A. 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 J o'clock, Monday P.M. ON AFFAIRS OF TRINITY CHURCH. 165 Monday afternoon, February 6th, 3^ o'clock P. M. Present — Senate Committee — Senators Spencer, Noxon, and Ramsey. Counsel as before. 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 1 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 solicit- ous to make their property as available as possible for these great purposes, and, that when they have declined applications tor benefactions, or refrained from entering upon, or prosecu- ting any enterprise^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, for the last quarter of a century. Q. Will you name the free Episcopal Churches in the city ot New-York? A. All Angels, Epiphany, Holy Comforter, Our Saviour, Holy Communion, Holy Evangelist's, 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, 166 REPORT OF SELECT COMMITTEE temporariljy 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 of St. John the Evangelist. Ey 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 I A. There are none. Q. In which of these wards was Zion church situated? A. In the 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 churches you have named would accommodate 1 A. From 450 to 500 each. Ey Counsel for Trinity Church : Q. Though there are no Episcopal churches in the wards named, are there Episcopal churches close upon their confines 1 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 aire two, and in the vicinity of the 14th there are two. Rt. Rev. Horatio Totter called and sworn : Q. What is your place of residence, and your ofSce in the Protestant Episcopal church ? A. My place of residence is in the city of New-York, my office is Provisional Bishop of the dio- cese of New- York. Q. What opportunities do your official position and duties afford you for obtaining information in regard to the condition^ ON AFFAIRS OF TRINITY CHURCH. 167 wants and interests of the various congregations in your diocese? A. It is made my duty by canon to visit periodically 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? 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 ; all 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 independeet parish, having its own peculiar interests and objects, would be corporators also in Triniy church, 168 REPORT OF SELECT COMMITTEE 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 difierent 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 cases 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 ON AFFAIRS OF TRINITY CHURCH. 169 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, in Twenty-fifth-street 1 A. 1 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 congrega- tions, should not be abandoned by them. They owe it tu 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 par- ishioners had moved far up town, with only very moderate means, in many cases, and it seemed the duty of Trinity Church to follow them and provide for them, and to seek to retain them as her parishioners. The erection of Trinity Chapel was there- fore 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 there- fore owed to the city some contribution in the way of beautiful and magnificent edifices. And with her wealth, she owed it equally to the character of her own communion. Haa Trinity Church, with its means, limited itself to the erection of build- ings of a moderate cost, I have no doubt the parish would have been severely censured, both by the church and by the commu- nity 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 Westminister 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. 170 REPORT OF SELECT COMMITTEE. 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, 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. J 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 preventefl 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 ? A. 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 on AFFAIRS OF TRINITY CHURCH. 171 town, Trinity Churcli, 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 besides these, there are several other churches, situated in districts much occupied by the poor, whiih 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 ; can you state any facts bearing upon this matter ? A. Some portions of the city are chiefly occupied by Germans; other inhabitants remove from those sections. There are consequently fewer persons than we might at first suppose capable of being gathered into Episco- pal 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 ? A. I have not understood that it was contemplated by Trinity church to cut olf her parishioners as corporators. In the abstract I should say it would not be right to do so. I sup- pose 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 olf as corporators 1 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 in REPORT OF SELECT COMMITTEE 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 at- tention 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 1 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 ot 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 ON AFFAIRS OF TRINITY CHURCH. 173 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 entirely 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 1 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 ? A. I think not. Q. Wherein does she exercise any control 1 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 immediately 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. 174 REPORT OF SELECT COMMITTEE 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 member of this body, and has only a general oversight over the affairs 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, where 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 1 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 ON AFFAIRS OF TRINITY CHURCH. 175 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 management of the affairs of Trinity Church 1 A. I have only a general knowl- edge of those of any 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? 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 ? 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 ? A. I do not know that she 176 REPORT OF SELECT COMMITTEE 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 ? A.I can suppose that there are many con- gregations 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 ? A. 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 Episcopalians 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 larger 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 con- nection 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 1 A. Undoubtedly. Q. Had Trinity any control over the removal of Zion Church from the Five Points, or Christ Church from Anthony street 1 not aware that she had. ON AFFAIRS OF TRINITY CHURCH. 177 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 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 tv/enty-two years that you were Rector of St. Peter's Church in Albany? A. I suppose, out of one hundred and twenty-five or one hundred and thirty corpora- tois, 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 yery diffi- cult question for any one to answer, I have had some plans that I have washed, and intended 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 say, 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? 12 178 REPORT OF SELECT COMMITTEE A. It is not; I inay be 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 1 A.I don't know whether she has or not. Recess to to-morrow at 4 p. m. Thursday Afternoon, February 17. Present, Senate Committee, Messrs Spencer, Noxon, and Ram- sey • Judge Parker, and 0. Meads, Esq., counsel for Trinity Cor- poration. Rev. Jesse Poundj recalled, examined by counsel for Trinity Church. Q. Were you the pastor of St. Maithew's church at the time it was closed? A. I was. Q. What other Episcopal churches were near St, Matthew's? A. There were several; St. Lukes'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 organi- 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 1 A. I think about eight years; but would not be certain as to the precise time. OF AFFAIRS OF TRINITY CHURCH. 179 Q. How near was St. Jude's church to St. Clement's ? A. It was very near the length of one block. Q. How far was St. Luke's from St. Matthew's? A. The dis- tance of three blocks. St, Luke's was nearest to St. Mattliew'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^ Church-wardens^ and Vestrymen of Tnnily 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 an- nual appropriation you have been pleased to make to the parish we represent. We beg kave, most sincerely to assure you of our grateful appreciation of this act of kindness and considera- tion, and that w^e regard the value of the stipend, and our obli- gation to its donors, vastly increased by the fact that it was un- solicited. We consider it to be the province of St. Matthew's to test the practicability and efficiency of the free church principle, and since God's providence has placed us in a condition 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, therefore, 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 obligations of your high trust and mighty responsibilities, we are, gentlemen, very sincerely. New- York, October 20M, 1847. (Signed) John McRae, Henry Fisher, Yoir grateful friends and brethren, JESSE POUND, Rector. Wardens. ■J REPORT OF SELrCT COMMITTEE Q. Is that your signature aflGixed to the letter 1 A. Yes^ sir, Q. Are tbe others the signatures of the wardens 1 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 eadi churchy 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 tbe reasons which led to the founding of St. Matthew's 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 j 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 Eastburn and myself waited upon Mr. Forbes, then the rector of St. Luke's. Dr. Eastburn stated to him his purpose, and asked him if he had any objection arising from its nearness to St. Luke's. 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. Luke's 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. Luke's he would have no objection. Q. How long before the closing of St. Matthew's did yoit 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. SDF AFFAIRS OF TRINITY CHURCH. 181 Q. Who was the first rector of St, Jude. A. Rev. R. C. Shimeal. B. Did he afterwards become a Presbyteriaa minister 1 A- He did, soon after he left the parish, Ey the committee, Q. It appears by the report of Trinity Church, that she gave annually to iSt. Lulie's 12,100. 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 1 A, It would, Q. Did Trinity Church receive back from the City Mission Society any considerable portion of her advances to that institu- tion 1 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 1 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 con- tributions 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 |1 5,000.. Q. W^hat description of people made up the congregation of St. Matthew's ? A. They were persons in humble circumstances; large proportion of them were poor. There was not a wealthy individual in the congregation. 182 REPORT OF SELECT COMMITTEE Q. What description of persons made up the congregation at St. Luke's 1 A. They weree 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, Matthew^s church. Do you mean that it would pay the indebtedness of the church and the mortgage on the parsonage? A. Soj it could not do that. Q. How much would it have taken to do that and to put the church edifice in repair 1 A. About $6,000, That would have left the whole property clear. An annual stipend of 11,000 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 received an annual salary of $400 and a parsonage. By the committee. Q. What was St. Matthew's worth at the time it was mortgagedl A. It was considered a chaep purchase at $1,500. It has ^been re-conveyed to Bishop Eastburn, the donor, who originally gave it to the City Mission Society. Rev. William BerriaUy 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 rector, 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 vere familiar with its concerns 1 A. Legal questions being excepted, there are proba- bly few more so. ON AFFAIRS OF TRINITY CHURCH. 183 "Q. What particular facilities have you for this kind of infor- mation from your position as rector ? 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 ? 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. Being so familiar with the affairs of Trinity Church, why did you not testify before this committee at its sessions in the X5ity of New- York ? and why did not all the assistant ministers testify ? 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 aflfairs of the corporation ? A. In no degree whatever. Q. Of whom does the standing committee consist and when is it chosen 1 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 184 REPORT or SELECT COMMITTEE fitness for the proper consideration of tlie 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? 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. Eishop 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 j 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. Paul's. The application for the list was made to th ON AFFAIRS OF TRINITY CHURCH. 185 rectorj because the book was sent to him for f;he correction of the list by his annual 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 Eector 1 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 of the Comptroller. My only agency in regard to this list, is, to make an annual statement on the meeting of the Vestry, immediately 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 ig- norant of the purpose for which it was done, or another, having never seen this li:-t,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? 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 curiosity 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] 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 186 REPORT OF SELECT COMMITTEE a brief extract Irom 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 triends, 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 lias afforded them ? A. The plan of free churches in our ON AFFAIRS OF TRINITY CHURCH. 187 communion in this country, is a very recent alfair, and altogether experimental, and with the exception 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 of Trinity Church that it has ever built and free church? 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] 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 ? 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 com- mittee 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 of 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, 188 REPORT OF SELECT COMMITTEE 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 condition 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 number 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 ot $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 ? A. It has relieved the con- gregation entirely from the support of their minister, and as- sumed 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. ON AFFAIRS OF TRINITY CHURCH. 189 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 ot the Epiphany, 6,500 00 St George's Chapel, for assessments, repairs, altera- tions, &c., 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 ol St. John the Baptist, 15,000 00 Making together, $92,660 30 Q. A question is made as to the endowment ot churches in the city of New-York, 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 1 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 190 REPORT OF SELECT COMMITTEE 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 the aid from Trinity Church ? 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. Tlie 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 equaled 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 ot 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. ON AFFAIRS OF TRINITY CHURCH. 191 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 neighborhood, 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 enquiry, 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 enquiry what answer have you to make 7 A. The simple regret at the same restriction as to place, the city of New-York, and the still narrower restriction as to time, that 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 ol 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. 192 REPORT OF SELECT COMMITTEE Q. Is there any thing else since the ample endowment of Co- lumbia College, the Society for promoting religion and learning, Trinity 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, amounted 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 Institution 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 doing 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, ON AFFAIRS OF TRINITY CHURCH. 193 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, for St. Luke's Home, the Orphan's Home, the House of Mercy, and for the re- lief of human suflfering 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 fundi 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 religiou-s instruction. It expends about $1 ,000 a year on the Parish school of St. PauPs 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 tw^enty-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 wiiich 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 13 194 REPORT OF SELECT COMMITTEE to tell ; but I know very well that the question never comes up nor is even alluded to in the vestry itself. Q. How far would this distinction of partiality in the grants themselves be proved by a reference to the parties to whom they were madel 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 num- ber of fifty, have been sharers of her bounty. The following 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 seen 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 Roger.>, the other is the Church of the Incarnation, that occupies the building erected 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, Re- demption, St. Andrew's, St. Ann's, St. Barnabas, St. Bartholo- mew, 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 make 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 sympathise with her in her views, were set against the amount received by those whose rectors and ves- tries cordially do^ that the groundless charge of undue partiality would be still more apparent. In this comparative estimate, however, must be included, what the corporation has dona ON AFFAIRS OF TRINITY CHURCH. 195 for St. Mark's church, Grace church, and St. George's, whose 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 ? 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 leplied', 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 Onderdonk ; 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 wxll 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 is almost entirely filled with strangers, and the poor, only a very 196 REPORT OF SELECT COMMITTEE scanty remnant 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 congregation 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 gone 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 ot Trinity; and then ^he 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 tlie new chapel, several meetings were held on ON AFFAIRS OF TRINITY CHURCH. 197 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 ? 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 ditferent 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, charita- ble or educational institutions or purposes ? A. Making due al- lowance 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, Feh. \^th. Present — Senate committee, Messrs. Spencer, Noxon and Ramsey. Counsel for Trinity, Judge Parker and 0. Meads, Esq. Puv. 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 ? A. I believe, so far as I have 198 REPORT OF SELECT COMMITTEE 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. Rt. 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 tlie effect of such grants in each of t^iose 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, bene- ficial. 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 gift, except that the obligation 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 cliurch 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 establish 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 7 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 wliich I am an overseer, and I cannot conceive, that in any part of their official conduct, they are exempt Irom a certain general re- sponsibility to me, nor is the idea of such responsibilty des- ON AFFAIRS OF TRINITY CHURCH. 199 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 havabeen 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 tliat 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 transactions 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, witliout my knowledge, 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, tliat 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 CO REPOET OF SELECT COMMITTEE the church, without a certain general responsibility to the head of the diocese ; and, as in the cases I have just cited, that re- sponsiblility, is not a mere theory, but a practical 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 1 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 ta 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 mortgage 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 ? A. I am. Q. Do you by your answer in explanation, mean to be under- stood that yon have any charge, direction or control, in any way or manner, over the funds administered by the corporation of Trinity Church! A. I have already stated in a previous an- swer that I have no immediate oversight. Q. Have you any remote oversight 1 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 general 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 fts the property of any other church is. The magnitude of the ON AFFAIRS OF TRINITY CHURCH. 201 property places it in certain general moral relations to the diocese at large, which have been very largely recognized by the parish. Q. Do yoii' 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 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 parishes 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 ? 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 ? 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 Paulus Hook. 1775, 2 lots to the same for a pier and slip on the north side of Vesey street. 202 REPORT OF SELECT COMMITTEE 1800, for a market in Duane-street; and for another in Cliristo- 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 Church 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 1831, 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 un- derrates. ON AFFAIRS OF TRINITY CHURCH. 203 Q. How did you acquire the knowledge necessary to enable you to make the statement contained in your last answer'? 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. Mark's, Christ's, Grace, St. George's, Du St. Esprit, St. Stephen's, Zion, St. Michael's, and St. James'. Q. Did the members of either of these corporations, independ- ent of Trinity Church, ever claim or t^xercise 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 ? 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 Kev. Robert S. Rowland generally deemed a "high" churchman, or a "low" churchman? A. He has always been reputed a "higli" 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 204 REPORT OF SELECT COMMITTEE churches from time to time as the increase of population de- manded; the control of said churches to be relinquished to in- dependent vestries, &c., and suitable endowments to b3 made 1 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 enquire whether a mortgage was taken for it? 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 ex- amine 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 aifairs? 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. Troup represent Trinity Church in 1813, '14, at Albany ? A. He was a member of the 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 Troup, Jacob Le Roy, Peter Augustus Jay, and Thomas L. Ogden. 205 ON AFFAIRS OF TRINITY CHURCH. 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, parti- cularly. 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 1 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 soldi 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 ai- rways reported to the vestry ? A. Yes. Q. Did you ever know of the recommendations of the stand- ing committee being overruled by the vestry 1 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 ? 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. 206 REPORT OF SELECT COMMITTEE Q. Did he ask to see if? 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 ? 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 1 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 corpo- ration? A. I have the sole custody of the parish register, con- taining 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. ON AFFAIRS OF TRINITY CHURCH. 207 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?" A. I understood it had, from the testimony. Q. Can you state wdien the application, in schedule G, w^as 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? A. It appears to be so. Q. Did you then understand, when you received it, that it was already dead? 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 5^4.,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 w^.s in a low condition, with only a debt of $1,300? 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 ? 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 ? A. Because it was not thought worth the expenditure. It was surrounded with other churches. 208 REPORT OF SELECT COMMITTEE Q. Do you regard Trinity Charity school as an institution of charity or benevolence, within the meaning of the resolution propounded by the Senate?— (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 were 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 1 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. Industrials 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 tlie 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? A. No; I have been in the parish since the latter part of 1811, and certainly should have knowm 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. ON AFFAIRS OF TRINITY CHURCH. 209 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 ^nd 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 ray own very carefully ; I d.0 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 con- nected 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 $3,000 per annum, and an allowance of $1,100 for house rent; three other assistant ministers receive $1,500 per annum, and no house; the comptroller receives $3,500; the clerk of the vestry $1,000 per annum; the collector $1,200 per annum, clerk in the office $1,200. 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 Trinity — Q. How do these salaries, paid to the clergy of Trinity parish, compare with salaries paid to other 14 210 REPORT OF SELECT COMMITTEE 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'Sj about 15,000 or $6,000; the rector of St. Thomas re- ceives |5j200. 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 who had a right; but let me add, that I do not think any iiad 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 yon 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 number of the congregations which attend the several churches in that parish ? 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 from the hotels, clerks and sojourners of the city, engaged, for the most part, in mercantile business; third, mechanics, artisans, porters, washer-women, hucksters, and miscellaneous poor, who obtain their living by daily labor. Q. Will you be good enough to explain the arrangements for parochial work at St. Paul's chapel, and as to the work of that kind actually done by the ministers and others there employ- ed? A. There is a parish school employing two teachers with voluntary assistance irom 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. ■ON AFFAIRS OF TRINITY CHURCH. 211 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 w^eekly 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 lor seven months. I officiate statedly only in morning service, the other parts of the day being employed in other parts of tli€ 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 fact 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 religious, charitable cr educational institutions or purposes ? 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 corporation. Adjourned to 4 P. M., Thursday. 212: REPORT OF SELECT COMMITTEE. Thursday Afternoon, Feb. 19, 185T. Present, the Senate Committee, Messrs. Spencer, Noxon and Ramsey; Judge Parker and O. Meads, Esq., counsel for Trinitj Church. Rev. Sullivan H. Weston recalled. Examined bj counsel for Trinity Church. Q. Have you any explanation to make in regard to your answer contained in your former testimony 1 — | 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 questioUy 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? 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 T 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 "that would do," intended to dis- miss you 1 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 1 A . I have heard some complaints. ON AFFAIRS OF TRINITY CHURCH. 213 Q. If you had known, when you answered before that the property ot the church was worth $6,000,000 or $7,000,000 would, you not have answered as before ? 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 1 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 1 A. Some of the clergy had agreed with me that more should be done down town, and this was pre- vious to their last action in appointing additional force in the parish. Q. Has not Dr. Higby and others, represented to you that th€ policy of the vestry was 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 ; don't recollect the time neai'er. 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 down 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 1 A. They were. Q. If you had known that the whole income of Trinity Church was only abont $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 214 REPORT OF SELECT COMMITTEE 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 wha 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'? 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 you a member of the vestry of Trinity church 1 How long have you been, and how long a member of the standing committee? 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. Bo you understand that any corporator has a right to see the list? 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 1 A. No, sir j 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 ? ON AFFAIRS OF TRINITY CHURCH. 216 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 " 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 an application, in all other respects meritorious, should be rejected on the ground of its being " 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 ? 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 ot St. Matthew's Church 1 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 eouched in very peremptory terms, and I recollect 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 we did aid them. There were other ohurches 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 <}ity of New-York. How is the fact ? A. Trinity Church has taken away stipends from certain churches whose congregations REPORT OR SELECT COMMITTEE they thought did not need them, being abundantly able to do without them; and grants of stipends were made in other in- stances where they were more needed The aggregate, I think, has not been reduced. Q. Do you thinly 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 ? 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 ? A. I think that for the last two or three years her expenditures have exceeded her income considerably over |100,000; I think for :ome 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 the 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 application. Q. What proportion of the applications were you able to act upon favorably 1 A. I certainly think not over one-tenth. ON AFFAIRS OF TRINITY CHURCH. 217 Q. Do you remember any meeting of the vestry when you had not a large number of those applications pending before you 1 A. I do not remember any meeting of the vestry AvLen there were not more or less of these applications pending before us, unless a meeting of the vestry had been held just alter 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 favora- bly to applications would cause temporary cessation or postpone- ment 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 1 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, inasmuch 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,) wxre 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 annual 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 218 REPORT OF SELECT COMMITTEE. 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," as is charged in the testimony of Mr. Bradish? A. I answer by saying that I think the expenditure of tens of 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 of 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 after the Vestry's report. Q. Did 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. ON AFFAIRS OF TRINITY CHURCH. 219 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 valuations did you put upon it, for the Hudson River Rail- road Company, and at what time was the bargain made ? A. $5,000 per annum, which is 5 per cent on $100,000. Q. How much do you make the lot worth, estimating it in that manner 1 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 F. 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, $2,100 220 REPORT OF SELECT COMMITTEE 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. N"o 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 corporators. 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? 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 spend 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 ? A. There is not. Q. Is the annual report of the comptroller printed or circu- lated? A. It is not. Q. What appropriations 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? A. I read from the report of the church: "Grants of burial plots in Trinity cemetery to the Orphan Asylum a plot of 621 square feet; to the Society of Aged and Indigent Females a plot com- ON AFFAIRS OF TRINITY CHURCH. 221 taining 300 square feet; to the Protestant Benel&t Society a plot containing 600 square feet ; to Christ's church a plot to be se- lected; to the Orphans' Home a plot to be selected;" and as this was the period during which we were build 'ng Trinity chapel, I presume there were no others. Question by Judge Parker : — How long were the vestry in making out iheir 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 furtlier say, that the vestry had no desire to depreciate the value of tlieir 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 induce 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 the 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. 222 REPORT OF SELECT COMMITTEE Q. How long has it been the practice to make these annual reports ? 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? 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 these 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, 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 of the re- cipients 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, (amounting 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? A. I will state that Trinity Church looked ON AFFAIRS OF TRINITY CHURCH. 223 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 (heir 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 propert}^ 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 dollars. 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'? A. I have been on the committee, and had fi»ee access to all the books, papers and acc(\unts. Q. Have you ever heard of any member of the vestry being de- nied free access to the books 1 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 1 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 proeeedings, 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 ? 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. 224 REPORT OF SELECT COMMITTEE Q. State the proceedings ol the vestry for making the minis- tration of the church more efficient in the lower part of the city, and tlie 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 shall be appointed by ballot, and that they be assigned to a particular congregation. March 26, 1855, the above named gentlemen were appointed assistant ministers, and on the 11th of June, 1855, they w^ere severally assigned to their respective congregations. The resolutions of the 8th of May, 1854, had reference to the appointment of assis- 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. Rowland 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, tho; gh 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 to occasions to meet with them in committee. After long and anxious consid- eration on the subject, they telt 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 further 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 ON AFFAIRS OF TRINITY CHURCH. 225 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 1 A. None, except the applicatiosi to Mr. Howland. Q. How long a lease is there on the lot No. 251 Broadway, and at what annual rent ? A. An unexpired lease ot 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 ? A. There was 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. What 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 1 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 guidcj 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's 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 15 226 HEPORT OF SELECT COMMITTEli: The nett total present value even on Messrs. Ely and Do(Jd% valuation, should therefore be . » $35753,188 Instead of (as stated in report of Senate committee) 5,221 ^29^ Making in this one item an error evidently of about $1 ,468,105 From the nett total present value as above correct- ed of $3,753,18B Deduct the church mortgages and interest, |571,952 And the amount set down for St. John's park 4(>0,000 971,952 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. Ey 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 rememberedj that nearly one-half of the entire r^al 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 be- ing 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 ? A. They have to lease, but not to sell. The standing committee leases property without consult- ing the vestry. ON AFFAIRS OF TRINITY CHURCH. 227 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 ? A. On the 3d of Dec, 1856, I was called upon to give testimony before a com- mittee of the 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 f A. 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 par- ticularly 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 228 REPORT OF SELECT COMMITTEE 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 V A. (In substance,) " I have never seen such a list Dr. Wain- right and I made repeated efiorts 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 : ON AFFAIRS OF TRINITY CHURCH. 229 <*For a long time Drs. Wainwriglit, 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 of 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 ol information as were within our reach. Failing in this Dr. Wainwright 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 some time after his election to the episcopate. The foregoing explanations are true. EDWARD 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 Jefierson counties, with all the counties west of them. Has Trinity Church, New-York, aided any of the churches in your diocese ] 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 € before 230 REPORT OF SELECT COMMITTEE the year 1814y 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 aunual interest on them to be paid to her? A. I have never heard or known of any such cases in Western New-York or elsewhere. I do not usually con- secrate a new church edifice, until the vestry certify that it& 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. Q. Has any church in your diocese, to which Trinity ha& made a grant of money without taking a mortgage on churcb edifice, ever been lost to the congregation or diocese? A. Yesj a church on which Trinity Church took no mortgage for a grant of $500, 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? 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 moii- ON AFFAIRS OF TRINITY CHURCH. 231 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 l 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 1 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 wiiich endow- 232 REPORT OF SELECT COMMITTEE meiits, I am convinced, would have been made, without thw grant from Trinity church. Q. Do you think that the vestry of Trinity church has done its utmost to make the capital of 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 indi- vidual, in the city of New-York, or elsewhere, who I think doeSj 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 churchy and therefore, am not qualified to give an opinion on such a point, 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 expectants, enthusi- asts in experimental schemes of good, the heads of church par- ties and local enemies, or any other individuals, but partially acquainted 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 elfect of the repeal of the law of 1814^ 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 the to 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 ON AFFAIRS OF TRINITY CHURCH. 233 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 "rector of New- York and all its inhabitants," is he not rector over all the churches under the charter 1 Are not all the other rectors in New-York, merely his assistants 1 Are not all the churches in New-York merely chapels of Trinity Church 1 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 2,000 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 dispensing any of this property out of the city, which is denied by some, but which, the present corporation has admitted, and has temporarily 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, into sharp, bitter, and ceaseless controversy, fatal to the 234 REPORT OF SELECT COMMITTEE 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 7 A. Yes sir. Q. Are not the laymen who testified, among the most liberal to country churches 1 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 Hham 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, 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 ot any corporator? A. I believe it to be so; never heard of any difficulty on the subject, until an application ON AFFAIRS OF TRINITY CHURCH. 235 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 papo s, and the request was referred to the vestry, which immediately granted the re- quest; 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 ? 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 1 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, tlie 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'? A. 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 re- duced and sometimes entirely taken away from richer congrega- tions and given to poorer. Q. Do you think Trinity Church has done its utmost to make the capital cC the property of that corporation available for the founding, su^ ; art or promotion of religious, charitable, or edu- cational institutions or purposes 1 A. We have always endea- 236 REPORT OF SELECT COMMITTEE vored so to do, and as far as the revenue 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 1 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 ? A. 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 fore- closure of a previous 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 7 A. I never had occasion to ask for any book, account or paper, which was not freely 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 committed A. St. Peter's Church was aided by Trinity Church to the amount of |2 5,000. It was our bond for that amount. There was a mortgage given by St. Peter's to ON AFFAIRS OF TRINITY CHURCH. 237 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, he 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 all 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 1 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 other curches since 1 814, by Trinity Church ? A. I do not. 238 REPORT OF SELECT COMMITTEE. Q. Are the churches of the Good Shephard 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 sny 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. 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 ot 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 telt 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. ON AFFAIRS OF TRINITY CHURCH, 239 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? 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 beneiit 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? A. We were much richer then in lands, but I don't know about our income. Q. While in the vestry, did you know of all expenditures, ecclesiastical or otherwise? A. There were no expenses except such as were authorized by the vestry, and I had the same op- portunity of knowing ihem as others. Q. Have there been any expenses, to your knowledge, for other than ch'aritable, religious and benevolent purposes ? 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 1844, 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 elctions of Trinity Church, prior to 1814? A. I think not, for the reasons which I will state. At the first election at which I 240 REPORT OF SELECT COMMITTEE voted, whicTi 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 tendered 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 stating 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 1 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 elections of Trinity Church, since 1814? A. I believe never, unless under some mistake. I have heard of a vote being olfered, 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 1 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? 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 ON AFFAIRS OF TRINITY CHURCH. 241 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 1 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 $80,0l)0. 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 cer- tain 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 1 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 day'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 been tempted to enlarge or 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 16 242 REPORT OF SELECT COMMITTEE. 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 mj^de 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, among 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 often spoken of himself 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 ex- pressed 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 experi- ence 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, rejecting their report, and making, or refusing grants, in opposition to theif 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. ON AFFAIRS OF TRINITY CHURCH. 243 Q. State whether, in your judgment, the funds of Trinity Church have been judiciously applied 7 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 of stipends or money grants, and espe- cially in providing for the religious or 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 " high " church or low " church views 1 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 body, 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 in May, 1856, was $157. 244 REPORT OF SELECT COMMITTEE. At St. Paul's the sum collected was $280, for the same period. I will add that my personal knowledge 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, Pine-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 Eroadway, 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 church, falling in in ten years, is a mere rever- sionary property, producing, at present, only $269 per anum. Such property, when offered in large amounts at a time, would not, probably, command the bids or offers of any but capitalists ON AFFAIRS OF TRINITY CHURCH. 245 expecting to purchase at a low rate, and except under very favo- rable circumstances, would hardly bring its reversionary value, <;alculated 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 properly 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 received 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 leased to the corporation of the city a piece 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' 246 REPORT OF SELECT COMMITTEE 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. Lgake'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 ON AFFAIRS OF TRINITY CHURCH. 247 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, the rector, war- dens and inhabitants of Fishkill, 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 right 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 1 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 248 REPORT OF SELECT COMMITTEE they were sufficiently satisfied of our right to give a valuable property for the release of our right 5 as we requested. Q. Did you ever look at the book ot corporators kept in the inner office 1 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 be- lieve there were many such. Q. Did you ever look at the cash book or book of original entries ? A. I have not, never having had occasion to do sOy and never having audited any accounts except those of the chapel building. Q. Did you, as a member ol the vestry, know and approve of the form of the lease of pews in Trinity chapel, at its opening ? A. I did know of it, and did not approve of it, because I considered it a measure of over prudence, calculated to expose us to misrepresentation and perhaps to give offence. The motive of those, however, who, carried it tlirough, 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 before it could have any practical effect. Q. Do you know of any churches set off from Trinity Church since 18141 A. None have been. Q. Do you find any difficulty in getting at the value of your property when you sell or lease 1 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 committeeSj 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 Churchy for other than charitable, religious or educational purposes 1 ON AFFAIRS OF TRINITY CHURCH. 249 A. In the management of so large a property, there may be many miscellaneous purposes which I cannot mention in detail, for instance; 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 Oapt. Lawrence, whose memory is perpetuated by his last words, Don't give up the ship." A monument had been erected to his memory, at public expense, badly built, though well meant, and for iorty 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 ot 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 landholder 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 if any such person had been employed now or for some years past; and I therefore say, 250 REPORT OF SELECT COMMITTEE 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. JDix^ 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 ot Trinity Church 1 A. About ten day 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 ON AFFAIRS OF TRINITY CHURCH. 251 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 fn ^i visiting Albany. I should otherwise have appeared before the commit- tee, and asked them to take my testimony orally, instead of soli- citing 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 often 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 witnesses, and which do us, as I conceive, great injustice. I beg leave to say further, with perfect respect for the com- mittee, 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 oi 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 252 REPORT OF SELECT COMMITTEE. 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 founds d 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 principles of finance. No fund or endowment can long withstand a regular consumption of its principal. Encumbered as the church pro- perty 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 debts should not be increased, that its ex- penditures 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 ON AFFAIRS OF TRINITY CHURCH. 253 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 ftict, 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 re- ferred 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 254 REPORT OF SELECT COMMITTEE 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 all 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, 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 destituion unparalleled in the history of Christian civilization. ON AFFAIRS OF TRINITY CHURCH. 255 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, 1851, the following resolutions : Resolved J That the standing committee be instructed to report a plan by which the expenditures of the corporation shall be limited to its income. Resolvedj 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 remembraee. 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 ol the city — that portion which has not only an im- mense body of resident poor, but which receives into its bosom the greater part of the destitute, who seek a refuge here from hardships 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 256 REPORT OF SELECT COMMITTEE look for sympathy and pecuniary aid, to more congenial dis- tricts. The plan comprehended not only the spiritual instruc- tion of the adult inhabitants of this deserted district— once the seat of nearly all the wealth of the city— but the education of their children, and, to the extent of the means of the corpora- tion, a ministration to their temporal wants. Trinity Church, with its endowments, fortunately growing more valuable with the progress of the city, was to stand in the place of the indi- vidual opulence, which has fled from a district where its tastes cculd no longer find suitable fields for indulgence, and estab- lished itself in others, where it has rivaled Genoa in its streets ot palaces, and where in all its appointments and manifestations of indoor and outdoor life, there is a concentration of refine- ment, luxury and splendor unequalled, excepting by a few of the great capitals of Europe. It is possible that I may have looked upon this plan with that undue partiality which individuals are apt to feel for suggestions 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 practically acted on; and it is due to my associates in the vestry to say, that they have responded to all appeals in behalf of the destitute districts below Canal-st., 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 en- larged; parish schools for the gratuitous education of children have been established; by far the greater part of the pews in Trin- ity 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 ON AFFAIRS OF TRINITY CHURCH. 257 free; efforts have been put fortli 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 w^ant and relieve it; missionary agencies have been instituted in connection with the Commissioners of Emigration; t!ie 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 church, 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, convei-sant with little else than its destitution, and devoting themselves to the Jreliet of J its wants. Trinity Church finds herself assailed, as faithless to her trust, by those, for the most part, whose lives are past 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 b^;otight 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 tliat 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 possibly 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, $67,359 53 2. " pew rents, 6,998 50 3. " interest on bonds and mortgages, .... . . 13,259 40 4. Trinity Church cemetery, 4,155 92 17 $91,773 36 258 REPORT OF SELECT COMMITTEE 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 t And there is a deficit of, $48,145 43 for the year ending 30th April, 1856. The deficiency for the year ending 30th April, 1857, was esti- mated 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 deficit 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 with 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. ON AFFAIRS OF TRINITY CHURCH. 259 The estimated expenditure of the present year, continued till 18G2, 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 reci- pients, and, in some cases, impair to a serious extent the effi- ciency 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 efiiciency which cannot fail to 260 REPORT OF SELECT COMMITTEE produce results of the highest importance to the city and the State. If I have thought the vestry in error in this respect, it is not because 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 J 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 contri- butions 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 andean 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 her income exceeded her necessary expenditures, if, instead of contributing it to the wants of otiiers 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 purpose 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 ten 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 com- pared by Mr. Dunscombe, the comptroller, and myself, with a general statement of the financial affairs of the church for the same period, made by Mr Roach, an experienced accountant, and I believe it to be in all respects correct. ON AFFAIRS OF TRINITY CHURCH. 261 Year ending ZOth Jpril^ 1847. 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 30th Jpril, 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 SOth ^pril, 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 SOth Jipril^ 1850. Revenue, $77,799 63 Expenditure, 95,741 11 Deficit, $17,941 48 262 REPORT OF SELECT COMMITTEE Allowances to other parishes, $13,000 00 Donations, 4,705 18 Loans, 12,198 00 Total allowances, &c., $29,903 18 Year ending SOth Afril^ 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, f ,377 00 Total allowances, &c., $27,548 13 Year ending SOth Jipril^ 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 SOth Jpril, 1853. Revenue, $86,073 97 Expenditure, 110,592 66 Deficit, $24,518 69 Allowances to other parishes, $16,785 00 Donations, 9,186 21 Loans, 7,700 00 Total allowances, &c., $33,671 21 ON AFFAIRS OF TRINITY CHURCH. 263 Year ending SOtk Jlpril^ 1854. Revenue, $85,710 53 Expenditure, 137,078 99 Deficit, $51,368 46 Allowances to other parishes, $21,706 00 Donations, 6,916 26 Loans, 17,100 00 Total allowances, &c., $45,722 26 Year ending SOth Jlpril^ 1855. Revenue, $95,195 72 Expenditure, 114,677 30 Deficit, $19,677 30 Allowances to other parishes, $15,058 33 Donations, 7,290 16 Loans, 2,000 00 Total allowances, &c., $24,348 49 Year ending 30^/i Jipril^ 1856. Revenue, $91,773 36 Expenditure, 139,918 79 Deficit, $48,145 43 Allowances to other parishes, $15,500 00 Donations, 10,552 42 Loans, 6,000 00 Total allowances, &c., $32,052 42 264 REPORT OF SELECT COMMITTEE Recapitulation. Deficits. Allowances, &e. 1847, $26,293 46 $16,559 00 1848, 21,725 74 21,875 50 1849, 9,226 94 21,289 14 1850, 17,941 48 29,903 18 1851, 24,362 13 27,548 13 1852, 30,337 62 35,171 72 1853, 24,518 ^)9 33,671 21 1854, = 51,368 46 45,722 26 1855, 19,677 30 24,348 49 1856,,... 48,145 43 32,052 42 $273,597 25 $288,141 05 .Analysis of Jlllowances ^ ^c. Allowances. Donations. Loans. 1847, $10,825 00 $5,134 00 $600 1848, 10,175 00 7,800 50 3,900 1849, 12,600 00 4,889 14 3,800 1850, 13,000 00 4,705 18 12,198 1851, 13,683 00 4,488 13 9,377 1852, 14,715 00 12,806 72 7,650 1853, 16,785 00 ...... 9,186 21 7,700 1854, 21,706 00 6,916 26 17,100 1855, 15,058 33 7,290 16 2,000 1856, 15,500 00 10,552 42 6,000 $144,047 33 $73,768 72 $70,325 Allowances, 144,047 33 Allowances and donations, $217,816 05 Loans, 70,325 00 $288,141 05 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 ON AFFAIRS OF TRINITY CHURCH. 265 $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 266 REPORT OF SELECT COMMITTEE 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 imstrumentality 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 official 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 instance so loosely hazarded, as to make it the part of charity to refer them to the same narrow and distempered views of d'aty, which are falsely imputed to the vestry of Trinity. I have thus laid before the committee, with entire frankness, a 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 ON AFFAIRS OF TRINITY CHURCH. 267 stand, become nearly desolate for all spiritual purposes. TLe 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 portion 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 pres- sure of their physical wants, have the strongest temptation to forget them? In the upper districts, the possessors of nearly the whole pri- vate 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 estimate ever put on it, t ie entire property Trinity Church holds, for the sup- port of her four congregations. Those whom fortune has thus overburdened with her gifts, should be willing to leave un- impaired, 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 thank- ful for the munificence with which some of her richest men have contributed 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 profusion, to build up lite- rary 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 268 REPORT OF SELECT COMMITTEE in 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 disqualiy herself for the great work of charity devolved on her, in the district in which her lot has been cast;, if there are any wlio are engaged in inculcating an autiphonal 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 W)t 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 great 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, whom 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 spiri- tual death. ON AFFAIRS OF TRINITY CHURCH. 269 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? A. 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 ? 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 1 A. I was not present at the first meeting when that subject was brought before the vestry. I was present, I think, at the meet- 270 REPORT OF SELECT COMMITTEE ing at whicli 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 measure 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 1 A. No, sir. I 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 ? A. I think it is 5^1.600. Mr. Minturn and Mr. Bradish, who were members of 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 \\^ve 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 1 A. It is my opinion they should sell the lots and the debts of the corporation be paid. Q. Do you think the majority of the vestry agree with you in that opinion 1 A. That I cannot say. ON AFFAIRS OF TRINITY CHURCH. 271 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 estab- lished 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 ? 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 5 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 re-letting; 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 272 REPORT OF SELECT COMMITTEE 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 1 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 2Sth day of March, 1812. RESOLUTION. Report of com7nittee 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, therefore — 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. ON AFFAIRS OF TRINITY CHURCH. 273 Examination by counsel for Trinity Church. — John 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 Trinity and her chap- els ; three of which w^ere built by Trinity Church. They were St. George's chapel, Grace church and St. Mark's church. Q. How has the increase ot^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 were 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 Mr. 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 of 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 1 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 $1,8(>0 per annum. In the year 1837, the 'society was embarrassed, and obtained from Trinity 18 274 REPORT OF SELECT COMMITTEE Church a loan of §1 0,000, secured by a 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 premiseSj 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 to the Protestant Episcopal church, the building and property thus mortgaged." Q. What have you to say with regard to the mortgage on the Vandt water -street Church ? A. When the corporation of Trinity Church had made arrangements for the purchase of St. George's church in Beekman street, they received a communication from the vestry of the Church of the Holy Evangelists in Vandewater- street, in the 4th ward of the city, stating that two churches so closely together as the Holy Evangelists and St. George's in Eeekman-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; 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 re- commendation, the vestry removed the congregation of the church ON AFFAIRS OF TRINITY CHURCH. 275 of the Holy Evangelists to St. George's church in Beekman-st., mid had the property transferred to that corporation. The church in Vandewater-street was then sold by its own vestrj^, and after paying off all prior incumbrances, the balance of $1,200 Avas 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 |1 5,000. 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 of 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. Rowland'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. Jade'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 276 BEPORT OF SELECT COMMITTEE been entirely dispensed witli. St. Tliomas' Churcli, 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 in need of them. Q. What effect has the disposing of large masses ot property by lease, had upon the value of real estate contiguous 1 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 Sailor's 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 Spingler 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 18, 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 OF AFFAIRS OF TRINITY CHURCH. 277 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 j annuities have been made to the families 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 lormer policy of the vestry, of granting a large number of lots to a few favored churches and institutions. Q. State whether grants have been made in a spirit of partia- lity or partizanship A. I answer unqualifiedly no, on behalf ol myself and asso- ciates. Q. Has Trinity Church, in your opinion, done her utmost to make the capital of her property available for religious pur- poses, kcA 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 ? 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 1 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 frequently 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 ? 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. 278 REPORT OF SELECT COMMITTEE Q. Does not Col. Troup's pamphlet bear date before the law of 1814 was passed ? A. Col. Troup's pamphlet bears date the 6th of September, 1813. The bill had passed both houses on the 2d of April, 1813, and became a law on the 25th of January, 1814. I beg leave to add, Col. Troup 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 Eradish, Robert B. MinturUjEsq.j Frederick S. Winston, Esq., Stewart Brown,-E^-q., 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 10, 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? A. No sir, not that I have heard of. 9 ON AFFAIRS OF TRINITY CHURCH. 279 Q. Was not the language of the application, considered by the vestry, imperative, and spoken of as being sol A. 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 280 REPORT OF SELECT COMMITTEE 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 1 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 7 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 testimony 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 subpoena 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. ON AFFAIRS OF TRINITY CHURCH. 281 Counsel for Church here closed. The chairman of the committee presented the following let- ters from persons who had been subpcenaed, 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 February instant, 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, when 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. 19 282 REPORT OF SELECT COMMITTEE New- York, Feb, Uth, 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^ Sfc: 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 jDcrfect respect for the committee, and Avith 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 j^ermitted 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 ON AFFAIRS OF TRINITY CHURCH. 283 every witness before your committee ; and if in their supercili- ousness or reckless negligence tliey 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 JYew-York. The following letter was presented by the counsel for Trinity corporation, and ordered filed with those previously received. " 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.' Our 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 wiiat 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 w^ould 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. lEx IGtbrtH SEYMOUR DURST When you leave, please leave this book Because it has been said "Ever thing comes t' him who waits Except a loaned book." ^52/ Avery Architectural and Fine Arts Library Gift of Seymour B. Durst Old York Library