simple reason; that the church of which defendant is deacon, is not the church to which the original bequest was made.'

These arguments, of which we have given but a meagre account, having been drawn up and submitted, we have next the decision of the court upon them, prepared by Chief Justice Shaw. He begins with stating that it has been fully settled in previous cases, 'that an adhering minority of a local or territorial parish, and not a seceding majority, constitutes the church of such parish to all civil purposes.' It may be true that our churches are, and always have been distinct from the parishes with which they are associated, yet it by no means follows, 'that a church, as such in legal contemplation, can exist, except as incident to, or connected with, some parish or religious society.' They may have distinct powers and functions, in virtue of their relation to the society, but cannot have an independent existence. They may become the church of another society, but cannot remove, and yet remain the church of this society, or the same church that they were originally. This seems plain enough, even to a common man.

If churches are corporations, it is only in a loose sense, as various associations and voluntary societies, formed for charitable or innocent objects, are corporations. They can hold meetings, choose officers, raise money, and direct its disbursement. They can bind themselves, if they please, to the performance of particular duties and obligations valid in law. But this does not prove, that as corporations they have an independent existence and perpetual succession, and, therefore is of no avail in the argument.

The court examines the argument so much relied on, drawn from the legislation and practise of early times, but is of opinion that up to 1754, churches were not deemed corporations capable in law of taking and holding property; and that the act of 1754 only provides that the deacons for the time being should be a corporate body, capable of holding property for the use of the church and transmitting it to their successors for the like purpose. 'This statute, therefore, which was passed about the middle of the last century, and which was revised and substantially re-enacted soon after the adoption of the

constitution, and which is of the highest authority upon this subject, so far from proving that churches are corporations empowered to hold property, appears to us to prove the contrary.'

The application of these principles to the present case and the ultimate decision are thus given.

'It appears from the facts in the case, that the Defendant and those whom he represents, long before the commencement of this action, had withdrawn from all the meetings of the parish either for business or worship, that they had formed a new society under the name of the Evangelical Society; had applied to a magistrate to call a meeting, and thereby (and by force of the statutes 1811 and 1823) had become incorporated as a distinct religious society, and had filed certificates with the clerk of the Third Precinct, and thereby wholly ceased to be members thereof; that, as a church, they had voted, as far as they were capable of doing so in that capacity, to unite with the Evangelical Society, and thus, if a church at all, had become a separate and distinct church from that of the Third Precinct. It further appears, that the body represented by the plaintiff is composed, in part of those who were, before any division, members of the church of that parish, with others regularly chosen by them; that they are associated for the celebration of Christian ordinances, in usual church form and order: that they have been recognized as a regular church by an ecclesiastical council, and joined in the call and settlement of a minister in that parish; and therefore possess all the requisites and characteristics of the church of that parish. The plaintiff having been duly elected deacon of this church is entitled, by force of the statute to take care of all the property in which it is beneficially interested, including the furniture in question, and therefore is entitled to judgment in this action.

A copy,

OCTAVIUS PICKERING,
Reporter, &c.'

CARISTIAN LIBERTY AND RELIGIOUS INQUIRY.

During the past winter, there have been held in seven different towns in the County of Windham (Con.) public meet

ings for the purpose of considering the great principles of Christian Liberty, and the duty of Religious Inquiry. These meetings have been well attended, and from all we learn, we are persuaded they have already had a good effect, and if continued may lead to the most desirable results. The effort of those gentlemen, who have taken the lead at these meetings, has been not so much to claim for themselves, and for every individual in the community the right of private judgment, as to urge, in the most earnest manner, upon each individual the duty of seeking after religious truth for himself. They have insisted, that to every one, who would be a Christian, the doctrines of the Gospel are what the instructions of Christ may teach his mind, and that his duties are what the precepts of our Lord may seem to require. He need know nothing of the various systems or bodies of Divinity, which have from time to time been maintained in the church, but 'should seek the developement of his own mind and his own heart under the guidance of Jesus Christ. The reiterated advocacy and varied illustration of these great principles, have, we think, already produced a visible effect. By thus throwing the whole responsibility for his faith and his practice upon ́each individual, a deeper anxiety to avoid error will be awakened. Men who really desire to know and to obey the truth 'will be afraid to learn of any other master, or follow any oth(er guide than Jesus Christ. They will be brought to realize what we all profess to believe, that there is no other name given under heaven whereby men may be saved.

One important consequence of the meetings has been the establishment of a paper, in the shire town of the county, devoted to the inculcation of the above named principles, and the diffusion of such information as may be of use to those who would become better acquainted with the volume of our sacred scriptures. The paper, (the Christian Monitor) is under the editorial care of Rev. S. J. May, of Brooklyn, and by the numbers that have been issued give promise of being a valuable auxiliary in the cause of religious liberty and christian truth.

AMERICAN UNITARIAN ASSOCIATION.

The seventh Anniversary of this Association occurred on Tuesday evening, May 29th. After the meeting for business in Berry Street vestry, they adjourned to the church, which was crowded as usual. Prayers were offered by Dr Harris of Dorchester. The Annual Report was then read by the Domestic Secretary, Mr Young, giving an unusually interestand encouraging account of the exertions and results of the last year. As the Report will soon be published, we only say here that according to its statements there have been 127,000 copies of Tracts published by the American Unitarian Association in the last year, showing an increase of 54,500 above any preceding year-that 58 new Auxiliary Associa tions have been formed, and that the annual receipts have been $3,030, 66.

The Report of the Foreign Secretary, Professor Ware, Jr. was then read by Mr Barrett, and gave favorable accounts of the progress of liberal christianity in Canada, England, Scotland, Ireland, France, Transylvania, and India.

After a few introductory remarks by the President, Dr Bancroft, the meeting was addressed by the following gentlemen; J. G. Rogers, Esq; Rev. Mr Bigelow of Medford; G. B. Emerson; Rev. Mr Lothrop of Dover, N. H; Rev. Mr Sewall of Danvers; and Judge Story. It is impossible to give here the substance of these addresses. We hope it will be done elsewhere. They all aimed to show that if Unitarians appear and act as a sect, it is only because others have compelled them to separate and stand by themselves. They do not wish to act as a sect. They would identify Unitarianism with nothing but religion, christianity, and they rejoice that as such it is beginning to be known and rapidly advancing. At a late hour, Mr E. S. Gannett moved an adjournment to Thursday evening, which was seconded by Mr G. Ripley, and carried.

Thursday, May 31. This adjourned meeting was opened

with prayer by Dr Kendall of Plymouth. Mr Gannett then asked for the reading of the conclusion of the Report, and after it had been read, he addressed the meeting, in behalf of Unitarianism as a practical, spiritual, vital, heavenly faith, in a strain of candid and fervent eloquence, which awakened a spirit that hardly slumbered again that evening. He was followed by Mr Ripley of Boston, Mr Farley of Providence, R. I., Mr May of Brooklyn Con., Mr Sullivan of Keene, N. H. Alden Bradford, Esq., Mr Muzzey of Framingham, Mr Brooks of Hingham, Mr Farr of Gardiner, and Mr Sewall of Danvers; of whom nearly all sustained the course of remark that had been taken by the first speaker, encouraging above all this view of our meetings, our measures and all our religion and aim: viz. a practical, spiritual view. It was insisted-to use now some of the language of Mr Gannett-that this institution is as broad, deep and high as truth, the truth of God. It was formed and it aims to promote the interests of christianity; how can it be done, except by making each of us holy? We talk of goodness, but is this all? No-we aim to produce it, we have labored and do labor and will labor to produce it in ourselves, and all; and God's blessing has been given, we are confident, will be given always to such efforts.

After the addresses and the acceptance of the Report, the meeting was closed with prayer, by Dr Bancroft.

At the meetings for business more was done than usual. All the officers were re-elected and Hon. Wm. Sullivan added to the list of Vice Presidents. The second evening there was a very animated discussion which ended in a resolution to appoint on the spot a permanent agent of the American Unitarian Association. It was done by ballot, and Rev. E. S. Gannett chosen by an entirely unanimous vote. A committee was appointed, and subscriptions at once opened and begun, to make provisions for the support of the Agent that he may be able to give himself unreservedly to this work.