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By the 15th section of the act for the establishment of vestries, passed in 1798, "the vestry of every parish "are vested with full power and au"thority, from time to time, to choose "one or more ministers, or readers, "of the Protestant Church, (hereto"fore called the Church of England,) "to officiate in any church or chapel "belonging to the parish, and to per"form the other duties of a minister "therein, for such time as the said " vestry may think proper; and they may agree or contract with such "minister or ministers, reader or rea"ders, for his or their salary, and respecting the use and occupation "of the parsonage-house, or any glebe or other lands, or other property, "if any, belonging to the parish; and on such terms and conditions as they may think reasonable and proper." Here no difficulty stood in the way, with regard to the existence of the vacancy. It was not necessary to prove that this was created by the degradation of Mr. Dashiell-For by a provision of the act authorizing the building of St. Peter's Church, the vestry were not authorized to agree with a minister for a longer term than one year; and it was proved that their last agreement had expired on the fifteenth of March preceding, and that no appointment was made. The sole question with the court then was, whether they had a right to command the fulfilment of a law of the state of Maryland.

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The case was argued by lawyers of great abilities and distinction; and on account of its novelty and importance, it excited much interest. The only argument urged against the granting of the mandamus was, that the vestry had a right to use their discretion as to the time of choosing a Rector, as no time was limited by law. To this it was replied, that the discretion used must be a reasonable one, and not such as would defeat the object of the law. Of course Judge Nicholson decided in favour of the mandamus: but Judge Bland found the question "so mingled and blended with spiri"tual and religious considerations, "that a civil tribunal could not sepa

"rate them; and therefore could have "no authority to interfere with the "appointing or choosing of a minister "at all." As there was no other judge on the bench, the rule was discharged, and the business dropped. But so satisfactory was the decision of Judge Nicholson, and so generally admitted to be correct, that the point may be considered as settled.

This was a case in which all denominations of Christians felt greatly interested, in as much as it involved the maintenance of rights and principles, upon which all true religious liberty depends. And it being of much consequence that this business should be placed on a correct foundation, I must beg your attention to the following remarks:

At the revolution, religious liberty was established, but it would appear that what was implied by true religious. liberty was not sufficiently understood. The mere outlines of it are laid down in the bill of rights of this state. "As, "it is the duty of every man to wor

ship God, in such a manner as he "thinks most acceptable to Him, all "persons professing the Christian re"ligion are equally entitled to protec"tion in their religious liberty," &c. This must mean, that all sects and denominations of Christians are perfectly free to hold and maintain their religious tenets, to perform their religious worship, to administer their religious ordinances, and to exercise their ecclesiastical government. This government is altogether of a spiritual nature, resting on religious motives, and enforced by religious sanctions.

It seems to have been admitted, that all religious denominations would maintain a regular system of ecclesiastical polity. Hence the Protestant Episcopal Church is recognized as descending from the Church of Eng land; and hence marriage is only permitted to be celebrated by minis, ters" of the Church of England, mi"nisters dissenting from that Church, "or Romish Priests, appointed or

ordained according to the rites and ceremonies of their respective "Churches,"

Yet while all denominations are completely free and independent, as to their spiritual concerns, still as they are visible bodies requiring houses of worship, ministers and church officers, they must possess property; and to hold and manage property, aid from the civil power is necessary.

In states where religious freedom prevails, there are two ways of defraying the expenses of public worship, the one by levying contributions on the members of different denominations in proportion to their property, the other by voluntary donations. In all cities, and in some other places, the pews of the churches are rented to defray all charges. But whatever mode be adopted, aid from the civil authority is necessary, even to compel the fulfilment of contracts as well as to carry into effect other regulations. Hence corporations have been established to manage the temporalities of churches. Still this implies no interference with spiritual concerns. For no control is exercised over the faith, the forms of worship, or the ecclesiastical polity of any religious community. And in this way the most complete religious freedom is rendered compatible with the state of human affairs. The civil authority lends its aid in the management of temporalities, but neither influences the conscience nor the religious rights of any man or set of men.

In such a state of things, courts of justice are as much bound to carry into effect the provisions of acts of incorporation, as they are to compel the execution of any laws whatever. And in doing this, they may act, and they must act in some cases, upon the facts being duly established, that particular systems of ecclesiastical government existed, and that the rules of this government had been carried into effect. For instance, to recur to the case of marriage:-Were the validity of a marriage questioned, it might be necessary to prove, that the minister by whom it was solemnized was regularly ordained agreeably to the rules and ordinances of his church. And competent proof to that effect would surely be admitted. In like

manner, were any of our vestries to employ a minister who did not belong to the Protestant Episcopal Church, they would be justly liable to a civil process, and the court would act upon the fact being fully established, that such a minister was not episcopally ordained. In the state of Maryland this doctrine seems only to have gradually gained ground. The churches, chapels, glebes, and all other property, were secured to the Protestant Episcopal Church for ever, by the bill of rights. This was a mere act of justice as to the glebes, because most if not all of them had been given to the church by individuals.

The glebes being secured, an act was passed in 1799 for the election of select vestries, and one of the purposes for which they were elected was the preservation and management of the glebes.

In course of time, other denominations began to feel the want of acts of incorporation, and several congregations applied for and obtained such acts. And the Episcopal Church having experienced the defects of the vestry act, petitioned the assembly, and obtained a law more completely adequate to the management of the temporalities of the church.

Applications, however, continuing to be made by various denominations for acts of incorporation, in the year 1802 a general act was passed intended to answer the purposes of all.

These things taken together amount to an admission, that the most complete religious freedom is quite consistent with power lodged in bodies corporate to manage the temporalities of churches. And all the provisions of such acts ought and may be carri ed into effect by the civil courts, without the smallest interference with the faith, institutions, or the ecclesiactical arrangement of any denomination of Christians.

I have thus stated to you the real situation of our Church, that you may be so guarded as neither to claim privileges that do not belong to us, or yield up rights to which we are clearly entitled. But while we contend that the most complete religious free

dom is altogether compatible with full power to manage our temporalities, for my own part I am free to declare, that I wish no other aid from the secular arm. And I avail myself of this opportunity to announce to the world, that although I have been a member of the Conventions, and engaged in the business of our Church almost since the revolution, I have never heard a wish expressed to obtain any aid from the civil power that was not strictly consistent with religious liberty, or that we would wish should not be extended to all denominations of Christians.

The superiority in which we glory is of a different character: it consists in the conviction that our Church is a truly apostolic Church-possessing a legitimate ministry-enjoying a liturgy superior to any thing else in the Christian world and maintaining a faith comprising all the prominent doctrines of divine revelation.

To return to the case of St. Peter's: On the Easter Monday succeeding, the Episcopalians came forward and elected such a vestry as they believed would maintain their rights, and restore them to the union of the Church. This vestry immediately declared their determination to adhere to the Church, to acknowledge her authority, and submit to her laws. They then elected the Rev. Mr. Henshaw as their Rectór, and thus, by the blessing of Almighty God, the peace and security of the Church are restored, her members act in concert and in harmony, as the servants of one great Master, engaged in the work of advancing his dominion, and saving the souls of their flocks.

The committee appointed at the last meeting of the Convention to prepare and publish an address to the people of our communion on the subject of raising funds for the support of missionaries, have published an address, and it remains with this Convention to arrange the business in such a manner as to carry into effect the object in view.

In consequence of the indisposition of Bishop Claggett, and at his request, on the 17th day of June, 1816, in the

city of Annapolis, I administered the holy rite of confirmation to eighteen persons.

On the 28th of August I visited St. James's, Anne-Arundel county, and confirmed six persons. And on the following day I held a confirmation in Allhallows, in the same county, when fourteen persons received this holy ordinance.

As soon as I could again leave my charge in Baltimore, I visited St. George's parish, in Harford county, administered the Lord's Supper, and confirmed. Here nineteen persons were confirmed. On the same day, at Havre-de-Grace, I confirmed twelve persons.

On the third of November I visited Queen Anne parish, in Prince George's county, and performed divine service in the parish church, and also in the chapel. In this parish I administered confirmation to seventy-one persons. During this month I visited the parishes in Frederick and Washington counties. On the 15th day I held a confirmation at Hager's-Town, when fifty-six persons were confirmed. And on the day following I administred the same ordinance to eleven persons at William's-Port.

On the 17th I visited a church on the Maryland tract, and confirmed a hundred and fifty-one persons. And on the next day I confirmed thirty-one persons in the church at FrederickTown.

On the 22d of December I held a confirmation in St. Paul's Church, in the city of Baltimore, where thirty-seven persons were confirmed.

On the 28th of December I visited the Churches in Washington and George-Town. In St. John's, Washington, I confirmed about thirty persons; and in St. John's, GeorgeTown, fifty-one.

This spring I have visited the Churches in St. Mary's county. In Chaptico Church, King and Queen parish, on the eleventh of April, I confirmed eighty-three persons. On the day following I also confirmed twenty-eight persons in St. Andrew's Church, St. Andrew's parish. I then proceeded to William and Mary pa

rish, where I confirmed thirty-three persons in the chapel, and thirty-eight in the parish Church. On my return, I held a confirmation in All-Faith Church, All-Faith parish, where thirty-seven persons were confirmed. And I closed my visitation by performing the same office next day in Trinity parish, Charles county, to fifty-nine persons. Thus, since the last Convention, I have admitted into full membership in our holy Church, about seven hundred persons. To supply in some measure the want of ministers, I have licensed several lay readers. I licensed Mr. Daniel Murray to act as a lay reader in St. James's parish, Anne-Arundel county; and after the death of the Right Rev. Bishop Claggett, I granted a license to Mr. Richard West to read in the Church of Upper-Marlborough. This Church is now supplied with a minister.

In consequence of an application from the vestry of Addison Chapel, I granted a license to Dr. Hanson to of ficiate as a lay reader in that chapel. But I am informed that the Rev. Mr. Addison is about to bestow some part of his time upon that congregation. I also licensed Mr. Charles Mann, a candidate for holy orders, to read in some of the Churches in the neighbourhood of Frederick-Town.

During an indisposition of the Rev. Mr. Addison, the vestry of his parish applied to me to grant a license to Mr. F. Key to read in their Church. Mr. Addison is now restored to health; and besides, an assistant has been given him.

A few weeks ago I received an application from the vestry of St. Anne's parish, in Annapolis, to grant a license to Mr. Alexander C. Magruder, to act as a lay-reader in a corner of that parish, where they were about to build a chapel. This license I consequently granted.

During the last year I have consecrated to the service of Almighty God, three Churches, one in St. Mary's county, one in the city of Washington, and one in Baltimore.

The Church in St. Mary's, which is Chaptico Church, is not now, but has been

lately repaired, and it seems was never consecrated. The Church in. Washington is a new Church, and is a very neat and commodious building, although small. The Church in Baltimore is a parish Church, in St. Paul's parish, and is perhaps the largest and most elegant building of the kind in the United States,

Since the last Convention, I admitted the Rev. Mr. Shaw, and the Rev. Mr. Brown, to the Holy Order of Priests. The latter gentleman has since closed his ministry here on earth.

I have great pleasure in announcing to this Convention, that during last year we have received a considerable number of valuable ministers into this Diocess. The Rev. Mr. Brady, from the Diocess of New-York, has settled in St. Mary's county; the Rev. Mr. Williston, from the same Diocess, has succeeded Bishop Claggett in his parish in Prince-George's county; the Rev. Mr. Hawley, from Virginia, is now Rector of St. John's, Wash ington. The Rev. Mr. Keith has been lately ordained by Bishop Moore, and is now assistant minister in George-Town. The Rev. Mr. Barry has lately settled in the city of Baltimore, and established an academy, which promises great and lasting advantages to that city, in the important department of education. The Rev. Mr. Joab G. Cooper, from the Eastern Diocess, who has been appointed President of Washington College, officiates in St. Paul's parish. The Rev. Mr. Bulkley has removed from the Diocess of Connecticut to St. Paul's, Queen-Anne's county; and the Rev. Mr. Henshaw, from the Dicess of New-York, has been elected Rector of St. Peter's, Baltimore.

Notwithstanding this considerable addition to our number, there are still a good many vacant parishes; and I must repeat my request to my reverend brethren, to encourage young men of piety and talents to enter into the ministry.

Applications will at this time be laid before the Standing Committee, from several young gentlemen, to be admitted as Candidates for holy or

ders. This is a source of great gratification; and while it yields a proof of the superintending care of the Divine Head of our Church, it must demand our gratitude and praise.

Having lately returned from the General Convention, I have great pleasure in announcing to this body, the rising condition of our Church in almost every quarter. In the western states, in particular, the people are panting for the word of God, and the ministrations of Gospel ministers. And the means that have been adopted, promise, with the divine blessing, a rich harvest in that infant quarter of our country.

These things, my reverend brethren, are sufficient to fill our hearts with praise to the Lord of the Christian Church-to animate our courage and invigorate our exertions-to induce us to spend all our strength, till we carry the joyful tidings of salvation to the wilderness and the solitary places-till the dominion of Christ extend from sea to sea

My Brethren of the Laity,

There is one point to which I must beg leave to call your attention in a particular manner. From the view of things at the present time, no doubt remains on my mind, but we shall be able to obtain a sufficient supply of ministers to fill our parishes, and raise our Church, if suitable exertions be made to support them. This then is an object to which you ought not only to devote your attention, but on which you ought to exert all your influence. At this period, the Protestant Episcopal Church in North-America engages much of the attention of mankind. Maintaining her character for purity of doctrine-preserving her worship from the wild and enthusiastic flights of the human imagination, and at the same time enjoying a service into which the true spirit of gospel piety is infused-upholding a system of government whose foundation was laid by a divine hand-she yields a holy and peaceful sanctuary for correct and pious Christians. Let this favourable period be ardently embraced by both clergy and laity, to repair the

waste places in our Christian Zion, and to extend her boundaries from the rivers to the ends of the earth. And to our exertions let us always add our prayers, that God, by his holy Spirit, would infuse into the hearts of her members, an ardent zeal for her cause, that she may be a repository of peace and salvation to the souls of

men.

Proceedings of the late General Convention, extracted from the Journal of the House of Bishops.

(Continued from page 205.)

Tuesday, May 27.

Resolved, that the following be entered on the Journal of this House, and be sent to the House of Clerical and Lay Deputies, to be read therein:

The House of Bishops, solicitous for the preservation of the purity of of the Church, and the piety of its members, are induced to impress upon the clergy the important duty, with a discreet but earnest zeal, of warning the people of their respective cures, of the danger of an indulgence in those worldly pleasures which may tend to withdraw the affections from spiritual things. And especially on the subject of gaming, of amusements involving cruelty to the brute creation, and of theatrical representations, to which some peculiar circumstances have called their attention,--they do not hesitate to express their unanimous opinion, that these amusements, as well from their licentious tendency, as from the strong temptations to vice which they afford, ought not to be frequented. And the Bishops cannot refrain from expressing their deep regret at the information that in some of our large cities, so little respect is paid to the feelings of the members of the Church, that theatrical representations are fixed for the evenings of her most solemn festivals.

The following extract from the Journal of the House of Clerical and Lay Deputies was received by this House, and read :

"Resolved, that the Right Rev. the