institutions of the country, consistent with the original ground and principle of the establishment of the Yearly Meeting, and perfectly harmonizing with the fundamental principles and practice of the society.

Recurring thus to the simplicity and the example of their forefathers, in their early establishment of meetings, and not seceding from the society, a large majority of the society assembled at the Yearly Meeting aforesaid, by a regular, peaceable, and consistent course of procedure, sanctioned by the common usages and the spirit of the original institution of their meetings, by larger and smaller conferences-and by the mutual agreement and consent of Monthly and Quarterly Meetings, the said Yearly Meeting has been continued, and is again peaceably settled on the principles and according to the manner of its first institution, and is now restored to its wonted harmony and consistency of movement in its regular course of business-comprising full three-fourths of the whole body of its former members, who are united in the same system of discipline-maintaining the same testimonies, and holding the same religious faith as their forefathers and the ancient Society of Friends did-leaving to their own course, undisturbed by them, those disorderly persons who adopted an opposite and adverse line of procedure.

Those persons assuming the name of Orthodox, of whom the said complainant, in the original bill, admits himself to be one, have by various means, endeavoured to prejudice the public mind against the Society of Friends thus continued and settled, by bestowing upon them the name of Hicksite, and otherwise and to extend their influence into the country meetings far and near, and have succeeded in gaining over a few in almost every of the country meetings-in some, perhaps a third; in others, a fourth or fifth; and in others still fewer, even down to a twenty-fifth of the whole number. These small fragments, changing and combining themselves in whatever form will best suit their purposes, affect to lay down and set up meetings; and in the exercise of a pretended and usurped authority which this defendant utterly denies, have promulgated what they term papers of disownment, against many individuals of the great majority of the Society of Friends, on a variety of vague and unfounded charges, which the code of their discipline never contemplated, and for which it furnishes them no rule. Thus, in some cases, two, three, or four male members within the limits of a Monthly Meeting, have proceeded, and are proceeding, with the help of their party in other neighbourhoods, to issue what they call papers of disownment, against the majority of Friends individually, in the same Monthly Meeting, amounting, in some cases, to fifty or a hundred; and these measures have been pursued, evidently with a view to appropriate the property of the society to the exclusive use of their party.

And this defendant further answering in manner aforesaid, says, that the property held by the Society of Friends in New Jersey,

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for the most part, belongs to, or is vested in trust for the use of the Preparative or Monthly Meeting, established by the members of the said society, within the bounds of their different Monthly Meetings; and where it is so vested, is entirely independent of the control, authority, or dominion, of the Quarterly or Yearly Meeting; and according to the usages and discipline of the society, neither the Quarterly nor Yearly Meeting can in any way interfere, alienate, dispose of, or control the same, directly or indirectly. Where the property of the society is vested in a Preparative Meeting, it is under the sole regulation, control, and disposition of the members of such Preparative Meeting, without any connexion with, or control of the Monthly, Quarterly, or Yearly Meeting, unless otherwise provided for, in the grant or title thereof. That such property is usually vested in trustees, who are appointed, continued, and have succession under the provisions of the original deed of conveyance or declaration of trust, by the members of the Preparative or Monthly Meeting, who advance the requisite funds for the purpose, and are under the exclusive direction and control of the Preparative or Monthly Meeting, who appoint them without appeal, and without the control of any other association or meeting of the members of the society. That for many years, there has been established at Crosswicks, in the county of Burlington, and state of New Jersey, a Preparative Meeting of the religious Society of Friends, or people called Quakers, called and known by the name of the Chesterfield Preparative Meeting of Friends, held at Crosswicks, which is the same mentioned in the original bill and bill of interpleader, and which has been, and still is, kept up and continued.

There is also a Monthly Meeting of Friends established at the same place, the members of which became possessed of a lot of land in the village of Crosswicks, on which was erected a meeting house, and which is now held in the name of trustees appointed, and to be appointed, from time to time, as occasion shall require, by the Monthly Meeting of Chesterfield, held in the same house at Crosswicks aforesaid, and that the members of the said Preparative Meeting are also members of the said Monthly Meeting, and always, at their regular meetings, meet at their meeting house aforesaid. But in regard to their right to property, they are entirely different, independent, and distinct associations-the one having no control over the other. That this defendant is now, and has been, for twenty years and upwards, a member of the said. several meetings. That previous to the year 1790, a school for the education of youth belonging to the members of said Preparative Meeting, was established at the said village of Crosswicks, under the control of the said Preparative Meeting, and the trustees of said school, to be by it exclusively appointed. And the trustees of the said school have always been appointed, and still are appointed by the said Preparative Meeting. And the said Preparative Meeting have a school fund, as is herein before stated.

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There is, and always has been, a treasurer of the said school fund, appointed by the said Preparative Meeting: who holds his office at the pleasure of the said Preparative Meeting-whose duty it is, under the direction of the said trustees, to take care of the said fund, and loan the same; and that all securities for such loans are taken in the name of the said treasurer and his successors in office, and on his death, removal, or ceasing to act, all the securities thus taken, and books, and other papers, are, and ought to be, delivered to his successor. That the money secured by the bond and mortgage of the said complainant, and in the bill of interpleader mentioned, is the proper money of the said permanent school fund, under the sole and exclusive direction and control of the said Preparative Meeting, and the trustees appointed by it. That the said Preparative Meeting always hold their regular and lawful meetings at the meeting house in Crosswicks aforesaid, and when met, act as all other voluntary associations must, by the decision of the majority of the members of the said Preparative Meeting present, and have the exclusive right of judging and determining upon the qualifications, appointing or releasing their own officers. That on the thirty-first day of First-month, 1828, at a lawful meeting of the said Chesterfield Preparative Meeting of Friends, held at the usual time and place of meeting, at Crosswicks, this defendant was appointed in due and lawful manner, treasurer of the said school fund, to succeed the said defendant, Joseph Hendrickson: and as such successor, became entitled to all the books, obligations, and other papers which he had in his possession, and also to the funds then in his hands, and, more particularly, to the bond and mortgage, in the original bill and bill of interpleader mentioned, and the money due thereon. And the said Joseph Hendrickson ceased to have any right, title, or claim thereto. And this defendant insists, that he always has continued, since his said appointment, and now is, the lawful treasurer of the said school fund: and, as the successor of the said Joseph Hendrickson, is lawfully entitled to have and receive all such bonds, obligations, and mortgages, and the moneys due thereon, as had been taken for the loan of any part of said fund in his name, as treasurer of the said school fund, or payable to him, as such treasurer, or his successor.

And this defendant further answering, insists, that by the law and constitution of New Jersey, the rights of property are sacred and inviolate, and cannot be taken from an individual, or a religious association, without his or their consent-and, more especially, that it cannot be made to depend on the test of any religious creed, framed after its vesting, and artfully prepared by a minority, to answer its purposes.

And this defendant avers and humbly insists, that the said Chesterfield Preparative Meeting of Friends, at Crosswicks, to which he belongs, is the same Chesterfield Preparative Meeting of Friends at Crosswicks, under whose care the said school fund was placed,

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by the contributors thereto, and are identified with them in due and regular succession, and are a part of the ancient Society of Friends-That they believe in the Christian religion as contained in the New Testament, and as professed by ancient Friends, and adhere to the religious institutions and government of the Society of Friends, and bear the same cardinal testimonies to the whole world, as are held most important and characteristic in the said society-among which are a testimony against war-a hireling ministry-against taking oaths-against going to law with brethren, and a concern to observe the golden rule,-"Do unto all men as we would they should do unto us." And also, that the persons under whom the said Joseph Hendrickson claims to derive a title to the said bond and mortgage, are a minority of the said Preparative Meeting, and as individuals, and collectively, have voluntarily withdrawn themselves and seceded from the said meeting, and have no longer any communion therewith.

And this defendant, further answering, says, that he admits that the said Chesterfield Preparative Meeting of Friends, at Crosswicks, of which this defendant is a member, holds communication with the Yearly Meeting of Friends established in Philadelphia, which the said Joseph Hendrickson, in his original bill, improperly calls the Hicksite party,-a term which this defendant utterly denies and which Yearly Meeting, this defendant insists, is the Yearly Meeting of the ancient and true Society of Friends. And this defendant also insists, that the questions and facts introduced in the original bill of the said Joseph Hendrickson, in relation to the schism in the Society of Friends, and discrepancies among them in regard to matters of faith and discipline, if they exist, as is stated in the said original bill, which this defendant by no means does admit-and also, in respect to the separation of the Yearly Meetings, cannot lawfully or equitably affect the right to the fund belonging to the said Chesterfield Preparative Meeting of Friends, at Crosswicks. And he submits to this court, that the only legitimate inquiry before this court, respects the right of property to the bond and mortgage and the money due thereon, mentioned in the bill of interpleader, and that neither this, nor any other court, have a right to institute an inquest into the consciences or faith of members of religious societies or associations, or subject them to the ordeal of a creed prepared by those claiming adversely, in order to disfranchise or to deprive them of their property or legal rights. And this defendant, although he protests against the existence and exercise of the power claimed by the said Joseph Hendrickson to reside in this court, and by his original bill invoked, yet conscious of the purity of his own intentions and conduct, and of those with whom he is associated in religious communion and brotherhood.-In respect to the pretences of the said Joseph Hendrickson, as set forth in his original bill, this defendant further answering, saith, he admits, that the Society of Friends were formed and asso

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ciated under that name, about the time in the said bill set forth, and that they are a well known denomination of Christian professors. He admits that the said Yearly Meeting in the said bill mentioned, was first held at the time and place stated therein, and that the time and place of holding the same has been changed from time to time also, as is stated therein. But he insists that the time of holding the same at present is not on the third Secondday of Fourth-month; but on the second Second-day of the same month.

And this defendant in further answering, saith, that he admits that there has been a dispute and controversy in the Society of Friends, which has unhappily divided them. The minority party assuming the name of Orthodox party, and bestowing upon the majority of their brethren, from whom they have seceded, the name of Hicksite, a name never assumed or acquiesced in by the majority of the said society, to which this defendant belongs, and which name they utterly deny, but claim that only of Friends. And they also deny being the followers of any man, or set of men-simply claiming to be the humble disciples and followers of Christ, the great head of the church; and insist that they constitute and compose the great body of the Society of Friends, which name they still adhere to, and allege that they still hold, and are endeavouring to maintain and support the doctrines, fundamental religious principles, discipline, and rules of government of the ancient and religious Society of Friends, or people called Quakers. And he denies that he, this defendant, and his associates, have seceded either from the faith, or from the religious institutions and government of the Society of Friends, and the ancient Yearly Meeting in Philadelphia. And he insists that he, this defendant, and his associates in religious communion, have always, and still do belong to the Chesterfield Preparative Meeting of Friends, at Crosswicks, in existence at the time of the creation of the school fund, of which the said bond and mortgage form a part; and that they are identified with them in regular and due succession-meet at the same place for worship and disciplinemaintain the same faith, and support the religious institutions and government of the Society of Friends. And the complainant in the original bill, and his associates, are a minority of the said Preparative Meeting, and have seceded therefrom, and individually withdrawn themselves from communion with it.

And this defendant further answering in regard to the said pretences of the said Joseph Hendrickson, saith, that he denies, and solemnly protests against the power and authority claimed by the said Joseph Hendrickson, in his original bill, for the Quarterly or Yearly Meeting, by any original act of disclaimer or disownment, to disfranchise a member of the Preparative or Monthly Meeting: but that right belongs solely and exclusively, as a matter of original jurisdiction, to the Preparative or Monthly Meeting, to which the member belongs. And he insists that the