The New York Herald Newspaper, October 23, 1859, Page 2

2 THE NATIONAL EPISCOPAL CONVENTION. Tt raphical Errors in the Ter Scriptures, Report of Committee and Debate on the Subject. Joint Committee of Revision—Place of Next Meet! ;—Narriaze With Wife's Sister—Re- presentation in the House of Delezates— Mislonary Affairs—Religious Intolerance in the Spankkh Dominioni—Flection of Mhs- slonary Bishops. DISCRETIONARY USE OF THE LITURGY, Kees Rey Bee TANTH DAY. Riommomp, Oct. 17, 1859. ‘The Convention met at the usual hour—half-past nine "cloak. ving prayer was read by the Rev. Dr. Howe, of Pamnsylvania, and the Rev. Dr. Willey, of Connectieut. ‘Tho minutes of Saturday’s proceedings were read and ‘approved. ‘Tho Pausmenr called for reports from committees, when Dr. H. M. Masoy, from a special committee, submitted the following report:— ‘TYPOGRAPHICAL ERRORS IN THE SCRIPTURES. ‘The comuaittes to whom, at the last General Conven- tion, was mpferfed the subject of typographical errors in tho authorized vorsion of the Holy Scriptures, with a view to the proposed standard for this church, respectfuky re- port— Biinfe for the church in this country; an object which tae varl- ‘ous acts of ihe great counsel of the church, long a Tod of Uma, manifest to have been greauly ‘and at no period is more desirable than itis now. Your committee is of opinion that the nt declared such at the Gonveution of that of Eyre snd Straban, oy ‘Woofall, whould, with the exception of typographical errors, be the bass of the ; that in order may exist, f the Oxford press of 1852 should be followed io too ee ha ym the testimony of the superinten- deut of thst press, delivered before a committee of the House of Commons, that & high premium offered for the detec tion of each error, has resulted in the detection ef but three in the last twenty ‘Your commie tharafore resomnend.the passage: of the bs oe gqacurriog, That a fins to avold whitever {ypoaraphiea errors: vy fror Resolved (the House of Bishops committee be appoluted, 1) whom shail be subutived the. pro! Sheets of the propowed standanl as they consecutively appear from the preas of the New York Bible and Common Prayer Book Soclety after having undergone the examination of typo graphical corrector, who ahall be guided by the present stand Srd of this chureh, except the typographical errors to. be cor. Pected by the edition of 1852, printed at Oxford. *. 2"Thal a Gpograpbieal eoerector be appointed to earry out adlution 3. That the joint. committee have authority to issue the Bible eo priniod as the standard edition of this obra. Dr. Nawros, of Pa., said that he regarded the subject of this report as of great importance and one waich has occasioned considerable agitation. He could not say any- thing as to the extent to which the committee could go in the matter of determining what should be a standard edi- ‘tion of the Bible. But he would say this, it was a subject in reference to which there should be some time for re. ection before they come to act upon it. He would, there- fore, move that for the present it be laid upon the table. Dr. Mason, of Md., said that the Bible as it now exists was the standard edition of this church ever since 1923. Ever since that period, notwithstanding @ rigid scrutiny had been instituted from time to time to detect errors, only three were discovered, and these in pursuance of a reward of a guinea for each error offered by the British House of Commons. These errors have been corrested, and the object now was to publish a copy from the cor- rected book, which would constitute a standard Bible for the church here as in England. If gentlemen would ex- amine the report they would find all expiained in it. Dr. Hitt, of Cal., desired to know whether the expense of the work would be borne by the General Convention of the Bible Society. Dr. Mason, of Md., said when the subject was brought before the committee, the New York Bible and Common Prayer Book Society agreed to undertake the corrections if any were necessary, and they are now prepared to exe- cute the work. Mr. Conrad moved to have the report printed, whore- u Dr. Newron 1 to withdraw his motion to lay the rt on the tabi ir, MuuiNcER, of 8. C., said that if he understood the true character, they were very much indebted to the committe that had prepared and submitted it, Ho con- fessed that he was one of those who thought, from what had been evidence obtained frompthers, that there were many errors in the Bible as it was ordinarily received, wbich somewhat interfered with the special matter con- tained in it. He would acknowledge his favor to the com- mittee for this valuable report, and he had no donbt that every member of the Convention who read the report would agree with him as to its great value and importance. The committee have succeeded in ascertaining that every reprint of the Bible sinco 1611 has been a true copy of the edition of that date, any errors that may have existed having been corrected in 1852 in England. ‘That edition is a correct transcript of that of 1611, with the exceptions mentioned. We bave been trying to get a standard copy of the Bible for the last five or six years, and now he could see no reason why, since a report had been made upon the subject, action upon it should be deferred. He hoped, therefore, the House would adopt the report. Mr. Cosrap, of Virginia, expressed his objectin making the motion to print the report to be tts incorporation in the journal of the Convention. Mr. Mumwincer, of South Carolina, said that in order to take the sense of the House upon the consideration of the Teport, he moved to lay it upon the table. Mr. Conran withdrew his motion to print, whereupon Dr. Howg, the Secretary, stated that these reports would appear in the journal of the Convention or the appendix thereto, unless otherwise ordered by the House. ‘The question was then taken separately on the adoption of the resolutions as reported, and was decided in the affirmative, Mr. Memminger having first withdrawn bis motion to lay on the table. Dr. AxprEws, of Vo., moved that Dr. Mason, of Mary. land, be appointed typographical corrector. This was a ‘hh conrpliment whic! leemed due to that gentleman for his labors in connection with that subject. Dr. Hawks said he would pay him an additional comp'- ment by adding that he was a scholar who was. pre-emi nently competent to discharge that doty: BUSINESS ON CANONS, ETO. Dr. Howes, from the mi on the State of the Church, reported the following resolati adopted :— Resolved, That theTrustees of the Missionary Bishops’ Fund be requested fo report to this House their action under the canen during the last three y ad whether ay id, rs, if any, what steps, have been taken b of incorporation for the Board, as authorized by the canon. The Pkexipent announced the following joint committee on the the part of the House on the Creation of a Church Building Fond—Messrs. Littlejohn, Talbot, Curtis, Bald- ‘win and Welsh. ‘Dr. Lrrrunsonn offered the following resolution: — them to secure an act Resolved, That tbe Committee on the State of the Church be | requested to prepare and place in their report, in tabuiar form, statistics for the last fourteen y crease of the ministr gard to the increase of ‘The resolution was adopted. PLACK OF NEXT MEETING. A message was received from the House of Bishops in- forming them of the adoption by that House of the follow- ing resolution: — Resolved, That a Commitiee of Conference on the part of this house be appointed to confer with a committee already ap- pointed by the Honse of Olerieal and Lay Deputles, to deter. mine upon the next place of meeting of the General Conven. jon. , ‘The following Committee was reported as being ay - ed by that House f a re and Croskey. CANONS, HTC, The following resolution was also trausmitted from the | House of Bishops:— Resolved, (t'¢ House of Clerical and Lay Deputies concure ring,) That clause of section 7 of the 13th Canon of ite Bot the in the last line but one on page 35, ax printed in ihe report, fs hereby amended 0 asto read as follows:—"Tn case of the ‘or resignation of a missionary bishop or of .a ‘The question was then taken on the adoption of tho re. solution of Dr. Littlejohn, and decided in the affirma- fave. ‘MARRIAGE Dr. Wasoy, of New resolution -— report w ¢ Is any law of rch in reference to Ainan’s marrying. his deceased. wife's. sister, and if no what that law is; and if, to their estimation, it tsexpedient to make Any change in that law, to report a canon to that effect. Dr. Hawks said that this was a question which has oc- ‘cupied the attention of the clergy fur many years. It was ‘© question beset with diffleulties, and he deemed it inex- Ppediont for that House to take up thé Miatter now. His friend from New York (Dr. Wilson) remarked that there ‘was no canon nor no law upon the subject of marriage to & deceased wife's: r. He thought it was better to let the Matter stand as it is, and he would respectfully request the gentleman to withdraw the resolution, it involved the heen deem of doctrinal questions which it was not for le upon. Mr. Conran, of Va., asked whether tha gentleman (Dr. Wilson) examined how far this resolution woud, if ad al enactments. He knew of por- opted Somme ith gons Convicted in Virginia some years for mar- ringes Of this character, Ti irely oppose ce on of any tet. Ho was entirely opposed to the ation. Dr. Crans, of R. that such a subject had i 1., regrettod been Introduced in that ody. Tt nov only conllicted with ee whenever it was intro WITH WIFR’S SISTER. -civil »:/thority da some places, duce jar in clhurch ase . “ Tea: ‘fouble and difficaltice. | “S**™blawes it invariably \ (vtieqats Ingnired if there was any law apon the aul. ‘. TLD. Bvawa,of. Md., said that whether th 46 english ‘Ohurch npon’ the subject was rpongihad - ‘ vontry Or not, be thought jt Was a questic ‘ not to bo.discuss:: then. Morcover, he conus ‘ t ought not to De < ut to the Oom: eon Canone at ste stage of as that committes 1¢u business as \t cov the s enpeeliped ASW e.course e OF DRLEGATRA, the following reso. , which was | for this purpose:—Bishops John | York, then offered the following | Reso! House of Bishops concurring, that the Church in een et The Hotta onuiled t's. representauon ie the House of C'erical and Lay Depatics in the Geveral Convention of 1862, and ench succeeding General Convention, as follows, to wit—Rach diccess reporling at its last diocesan prior to the assembling of any General Coo than fifty clergymen within diocess, shall be eutitied to two cletien) ard two lay deputies. Rach diocess rey pot mare than one hundred clergymen sball be entitled to three c erical apd three ay deputies. nach diccess rey eng Sehege-ed ‘convention veation, not more: hundred clergymen shall be entitled to and four lay deputies. After a few remarks upon the merits of this resolution, it was Jaid wpon the table on motion of Dr. Clarkson, of Ill. Dr. CLankson, from the Committee on Conference, rola- tivo to the place of the next meeting of the Convention, following resolution :-— $4,,the House of Wiahope congurring), That the next somion of {no General Convention be held in the city of New York. did Mr. Huntington. Mr. Winans, of California, opposed to Chicago, so that of the five Ree were but three who wore known to havo expressed. sentiments upon the sublect. Dr. CLanxsoy sa}! it was quite an unexpected thing to them that the committee was 20 constituted. LROT be ec! teave to disclaim any sort of dissat- to the action of the President. He only ‘thought that it «as c.stomary to put the mover of the Tesolution on t}... committee. The Cuair suid be substituted Dr. Clarkson for thé gen- tleman himself (Dr. Talbot), because he believed it would make it ma den for 0. Dr. Hitt, of Cal., rose toa point of order, which was that the report of the Committee of Conference was not amendable. The House, he maintained, should either agree or disagree with report, but not amend. Dr. Howes said they could not amend the report, but he would ask if it was not competent for any member to movo a substitute for the resolution which is appended to the report? A Detxcat# remarked that the report was the result of the action of both houses, and it was, therefore, not with- in the jurisdiction of that House to amend it. ‘The simple question was, whether this House would concur or non- coneur: and in cage of non-concurrence, then would come up the question whether another Committee of Conference would be appointed. Mr. Cowrap said he had indicated to some members of the house a purpose to make the motion which he dig to substitrte Philadelphia for New York; and he obser &d, moreover, @ very great preference expressed for that place. He would, nevertheless, withdraw his motion for ‘the present, and renew it in case the House now concurred in the report. Mr. Ruccres, of New York, begged to explain why, after earnestly arging the importance of holding the next Convention at Chicago, he should now be willing to vote for meeting at New Yerk, as proposed by the Committee of Conference. A member of that committee from Illinois (Dr. Clarkson), had himself united in recommending New York. He (Mr. R.) could only acquiesce and assure the Convention of a cordial welcome and every hospitality and facility being extended within the power of that city. He must, however, contiaue to think that the Convention would Lave better promoted the general interest of the church by meeting at Chicago, and he earnestly bopad that when it next met it would recognise and adiit the just claim of the Northwest. ‘The question“was then taken on the adoption of the re- port and decided in the affirmative. BISHOPS WITHOUT ELECTION. Dr. Vinton, of Pa., offered the following canon, which, on hig motion, was referred the Committee on Canon: <Whenever a diccegs shall be organized within the jurisdiction of mtuissionary Dislfop, be may D & bishop of the same without election; provided that he shall at the same tme resign his jurisdiction a6 missionary bishop. MISSIONARY AFFAIRS. Dr. Srevens, from the Committee on the Domestic and Foreign Missionary Society, submigted the following report:— ‘That they have laid before them the several reports from the rary bishops of this church and those holding special commissions to act as such and also reports from the several fovelgw felds oocupled by the Board of Mlasions of this church, hese have been corsidered in their order, and their several statements and Rr] positions have engaged ag much of the time ond arbitration 8f this committee as the pecaliar circumstances f the committee ited. ‘The committee deem it unecessary to prepare any argumen- tative paper on the im, ie and vaiue of the missionary work, or to spread upon the journal an elaborate detail of the work done, or laid out to be done by the Board of Missions and he several missionaries. The reports of the various bishops snd missionary stations will be prepared with the journal as part of the documents of the Convention, and will thus be ac- easible to all members of the same. As the result of their earnest deliberations, and as embody- ‘ng their unani opinions, the committee beg leave to offer the following resolutions: — 1 Resolved, That the House of Clerical and Lay Deputies approves the estapliahment of the mission to Japan, the eatab- ment of a taission to Brazil, and the expansion of the mis. sion to Chinn and Africa, 2. That this House recommends to the Board of Missions the taking such measures towards the establishment of a mi or missions to the Spanish Main of South America, Ce ‘America and Mexico, aa may be deemed proper in the jt ment of the Foreign Committee. 3. That as the expansion of missions already established, domestic and foreign, the establishment of new stations in atill unoccupied flelds, will require not far from $260,000, this. Hi nt of this church. 4, Resolved (the Hotise of Bishops concurring), That the jn- Tisdietion of the missionary Bishop of na be understood to include primarily, the missions which are or may be establish. ed in the eiapire of Japan. 5. Resolved, That the touse learna with pleasure that the \ ding di@enities connected with the jurisdiction respec- 61 the bishop of Victoria and the American Bishop of ium. has been satisfactorily adjusted by the Lard Bishop of Victoria confining bis jurisdiction to the province of Chin-Kiang, andthe American Bishop of China to the province of Kiang: | su Resolved, That it is a matter of sincere congratulation and | t Shesriing that the debt of the Domestic Committee has, throngh the exer ne of its indefativable secretary and gene. aid off. and that the committee preseats itself mn free from debt T Resolved. That the Foreign and Domestic Committee be prized and required to cause a more general diffusion of jonary intelligence, and a more general collection of. funda, r by paid agents or by the formation of auxiliary disirict societies, as they may judge expedient, under the direction of the bishop of the diovess, Whereas, the spirit of toleration in religions concernments Is cherished by the Americanipeople and te gaarded by the Ame- riean constitution; and whereas, in the island of Cuba, Am professing the religion of Protestants, are not vir worship is not allowed, their dead are not buried with Ubristian burial, nor are the bodies of the deceased permitted by the law, without oppressive exactions, to be ex: ported to their native land for sepulture; therefore, ft Resolved (the House of Bishops concurring), That a joint committee be @ppolnted to addreas a memorial to the President of the United tes, in the name and behalf of the General Convention of the Protestant og agg oe Chareh in the United Btates of America, requesting his Exoellency, aa the supreme ve of the nation, to address the Court of her Catholic jesty in Spain on the subject, and to take measures by | treaty, to procure for American citizens in Cuba the iiberty to | @stablish the Protestant worship and the Protestant mi ry, | With liberty to hold veal estave suitable for churches and church trictions on the depor- aba. In behalf of the fEVENS, Chairman. ‘This report gavo'rise to some ®,ani the several resolutions were adopted, save the eighth, upon which the | vote was pending witen the House adjourned. Tam informed that it has been siggested in the House | Of Bishops, relative to Bishop Onderdonk, to re: e the suspension in relativu to tis office, but cuntinue it on his jurisdiction, committee, ELEVENTH DAY. moND, Va., Oct. 18, 1859. The Convention xesembled this morning at haff-past nine o’elock. The morning service was read by the Rev. Dr. Crano, of Rhode Island, and the Rey. Dr. Maban, of New Jersey. The Presipkyt then called the Convention to order, and the minutes of yesterday's proceedings were read and ap. 1 pe REPORTS OF COMMITTEES. ‘Due Paeswent called for reports from standing and spe cial comtitteés, when thé Chairman of the Committee on Elections asked icave of absence for soveral members of that committee during the remainder of the session. | Dr. Mean, from the Committee on Canons, reported a resolution ou the ipexpediency of legislating concerning the canon having referonce to missionary bishops. The amendment proposes to vive ‘missionary bishop a right to become tho bishop of a diocess created within his Jaris- {rdietion. Also on the inexpediency of amending art 9 of | the constitution, and o similar report in reference to arti- cles 2 and 3 of the coustitution, relating respectively to the system of representation in the House of Depntios, and enor of the House of Bishops in business mate Mr. Horrman, of N.Y. from the Joint Commi Canons, submitted the following reports: biehice ‘The Joint Committes on Canona roport the following ro- solution providing a substitute for canon 5 of titio 2 Of the digest, formerly exnon 34 of 1802:— ved, That canon 5 of title 2 is horeby amended go as to read— OF DIFFERENCES BETWARBN MINISTERS AND THEIR coxGRE- GATIONS. Bee. T. Ti canes of cont-oversy between ary rector or as- 8 ee and the vestry or comin ion, of such chureh or which esnnot be settled hy them- ie Sishop “ot tbe algaess: who ahall areton, require use star ding ‘committee of to make n Itt of sineteen Bresby tern thereos, if there be so many therein, and return samme to him. He shail then summon gald reotor or as- 2. If the whole number of presbyters in the diocess be more and less than min all the presbyters must Dat in sub tist, and the off shai.) oveed in the Manner vforesuid until nine remala, Ifthe number be nine or Yous, then ail the presbytera-are to be wammoned. Should sither party omit OF decline tp strike of names, the bisbop Shall arike off in the aleyd of such party ao omliing or de- lining, 3. The presbyters thus selected or designated shall be sum, sonad te tan lee tential ch ae diet me and lace to consider such comtroversy. Pipe It pear lo the Bishop and a raajerity of ball such preabytors “bus summened, that Ro of 8 fa. vorab'e termination of such controversy, and that a dissolution of auch connection bet rector or agaistant minister a Bs Le Er a cee: | d i if HH i nt isting provision, it shall be in the follow! =, (or Segtion — of Canon —, or Clause — of Sectien —of Canon —,) of Title —,"’ is hereby amended #0 as to réad ns follows:— 1200, i shall ho deciguaied aa ibe peat Ganva-er mexisscton, iD. nated as ne 1: @, OF Next se bor next elause of a cant or section, in order of the aumbertag of the title to which the subject proper! ; and if aca non. section or clause be stricken ou the exit og Sumber tay ball be retained until a new edition of The Committee on Canons of each house of the General Con- vention shall, at the close of the General Conveation, appoint pete Ah AE ia ere preter Pally Fp seeua, With, apepper ares Bereot “to the Secretary, who shall print the same'in the arn The committee further reported as tollows:— Resolved, That the following canon be adoy asacanon of thin church, to be designated as Canon & Tie Ti. of the eat. ‘OF THE TIME OF TRE CANONS TAKING BFFECT. ‘These canons shall take effect on the first day of January, in the year ef our Lord 1860, from and. after which day all other canons of this church are hereby, and shall be deemed to be re- pealed; provided, that such repeal shall not affect any case of a violation of existing canons committed before that date; but such case shall be governed by the same law asif no such re- peal had taken place. Dr. Wyatt, of Md,, from the Committee on the General Theological Seminary, submitted the following report:— The Committee on the General Theological Seminary, to —— was xagnres Oe selectins xanart 01 e Ripe Nared Semi . with t iments accompanying rey ilso tbe Sertiicates of the election of trusises trom various dio- ceases, beg leave to report:— tion af ontees from aft But EOE Oe tae aleanag Matin tice lon of trustees from hames or trustees elected in said dlocesses respedlivots® son which are contained in the list thereto annexed. ‘From the ten dioceses from which no reports have boon recely- ed, the committee are only to infer that it is the design of their Tespective Conventions that the former trustecs shail continue in office until others be appointed in their stead. een ets in seore meen been esse the following, viz;—Oaliforn! ware, Iowa, Kansas, Miu- hesotn Missisalppl, Texas, Vermont aud Virginig. ‘The committee have also attentively examined the triennial report of the General Theological Seminary, referred to them by the Convention. It contains, in addition to. the usual state- ments in respect to the funds and condition of the Seminary important information as to the alleged inability of the trustees to concur, elther on legal or moral grounds, in the changes pro- in the third and fourth articles of the constitution of the Seminary; and also as to the action of the Board in respect to the residence of trustees; and also ag to thelr action on the pro- posed removal of the Seminary. "The Committee respectfully return the report to the Conven- Hon, to the end thal t'may have W before them for considers. The Secretary here read a long list of trustees. Dr. Howe, from the Committee on tho State of the Church, in pursuance of the first section of canon eloven. of 1853, reported to the House the following gentlemen as ‘Trustees of the Missionary Bishops’ Fand:—Messrs. R. B. Minturn and Cyrus B. Curtis, of New York; Horace White, of Syracuse; L. H. Huntington, of Hartford, Conn.; and Herman Cope, of Philadelphia. The report was agreed to, and the nominations were confirmed. Dr. Wyatt, of Md., from the Joint Committee to Nomi- nate a Board of Trustees for the management for the next three years of the fund for tho relicf of orphans and widows of deceased clergymen, and aged, infirm and disa- dled clergymen, submitted the following names:—Right Rey. Alfred Lee, D. D., Rev. John H. Hobart, D. D., Rev. Charles Burroughs, Hon. Luther Bradish, Aon. Hamilton Fish, Robert B. Minturn, Esq. and Josiah Collins, Esq. Dir. CLARKSON, of Ill, moved to take up the resolution laid on the tablé a few days ago, fixing Friday next as the time of adjournment. ‘The motion was agreed to—whereupon Dr. Hut, of Cal., moved to substitute Saturday next, at 10 o’el , a8 the time ofadjournment sine die for, Friday Dr. Guo moved to amend the amendment by substitu- ting Tuesday next, the 25th inst. Dr. Meap, believing that this was not the proper time to take action in this matter, moved to lay the whole sub. Ject upon the table, The motion was agreed to—ayes 76, noes 61, Mr. H. D. Evans, of Md., offered the following resola- tion, which was referred to the Committee on Canon Resolved, That the Committee on Canons inquire what legisiation is required on the sndject of resigned Bishops seeking the position of parochial ministers, Dr. Hicaer, of New York, offered tho following reso. lutions :— Resolved, That it is expedient to have reprinted the journals of the general Conventions from 1729 to 1868 Inclusive. Kesolved, That « committee be appointed to inquire into the probable cost of this reprinting, bd to consider the proper mode of accomplishing it, and report to the present meeting of the Convention, Dr. Hicmex paid it was well known that the journals of the Convention, especially the early oues,” were now almost out of print. It was impossible to buy a nuinbor of the journals for the past twelve years. Dr. Srevens, of Pa., regarded the resolution as an im- portant one, but it did not embrace all that was necessary. He wanted to add that the quostion of getting up an ana- lytical index of this journal be also considered. The re- solution was adopted as amended. Dr. Krevr, of Wis., offered the following preamble and reeolution:— Whereas, the government of England has intimated a wil- Unpness to appoint a committee ot the House of Commons, with a view toa general remedy in the case of the disablitties of foreign clercymen of the church officiating ia the Church of Enginpd: therefore Resolved, That the House of Clerical and Lay Delegates re- spectfully request the House of Bisbons to arithorize and in struct any bishop or bishops of our church who may be visiting England at the time of the sittings of that committee, to request an examinacion before said committee, with a vie v tom removal of the civil disabilities now in the way of the bish»pa aud clery of the Protestant Episcopal Church in the United States offi- clating In England. Dr. Hawks, of New York, said he oppored this resolu- tion, because it was a resolution degrading on thelr part to ask to be examined by any committee of the English House of Commons. Moreover, he deemod jt unadvisable to meddle with State matters in avother country; and #0 believing, he would ask the gentleman to withdraw tho revoluti It $ accordingly withdrawn. . STEVENS Submitted a canon in reference to the trials 8 within the jurisdiction of foreign missionary bishops, which on bis motion was referred to the Com- mittee on Canons, Dr. Newrox, of New York, offered a resolution to” ap- point a committee of ve to examine into the expediency of severing the Genera! Convention from all direct connec- tion with the General Theological Sominary, and the effect of such several ad should they deem sch action expedient, to rep ) the next General Convention the best mode of accomplishing such severance, ‘The resolution was wlopted. Dr. C. C. Pivcrygy, of South Carolina, offered the fol- lowing for the consideration of the same committeo:— Wheress, there appears to be a general convietion in the minds of our church tn favor of chanuing our relationship to the General Theological Seminary; therefore Resolved, That the special committee just appointed be’ re- quested to devise a pian for changing ihe General Seminary {nto a diecesan ingstation, and ceding itta the diocese of New York upon just and equitable terms. It was adopted and referred as indicated. ‘The special order was then called for, but before the House proeeeded to its consideration A message was received from the House’ of Bishops, transmitting the following resolutions adopted by that body:— Resolved, Jatitude ‘That all the portions of our country north of not yet organized into dioceses, nor included within . be within the jurisdiction of the mis- Northwest. all south of 36 rRanizel nto Moceres, nor included within ey, Resolved, That this louse nonainate to tha House of Clerioal and Lay Dépiities the Rev. Jacob La Clarke, D. D., of Water: Ber ienyCsiayr De Dy of hac ta Wisiounty Bales Of the Bowhwest* 0? OF Alama, a8 elites 5 Dr. CLARKSON moved to suspend the order of the day to enable him to offer the following resolution. The ‘was agreed to, whereupon he offered the following:— ote rhe aa House proceed, after suitable devotions, right o’cloc! ev bishope nomianted Dy the Hotise oe aihopes Michie Dr. Daze, of Texas, moved by way of a substitute that after suitable devotions the election be proceeded mb gee prevent oe . ir. SMITH, of 8. C., auggented if it wonld not be better to make the election the first business at the night eresion Dr. Hawns favored the suggestion, believing that there would be a more general attendance at that hour. It was then moved to substitute seven o'clock for the bour pamed, and Dr. Dalzell having withdrawn his mo- tion, and the hour being agreed upon by the mover of the origina) resolution, it was ado) 5 e order of the day was proceeded with. It was last of the series of resolutions reported by . Stevens y from the Committes the Domestic and Foreign Missionary Society, and a follows :— QPANISH RELIGIOUS INTOLERANCE. Fe. to address a to the Pi of the United States, tn the name and {+ behalf of the Protestaut Eptesopal Church Slates of ho is we selisney a soppoeed the resntution, becanse that Dr. of roposed interference. political Pr. F. Hawas, of New York, said it was obvious there was a wide difference of mombers | propriety of every member here that the: themselves to tho Chief Executive of thei the misfortune was that the g& tion ignores religious conventions, It. recognizes political conyentions, and any memorial that might go from them command due it. But asa religious conven- tion, the constitution does not know us, and cannot know us. We, therefore, put.ourselves in a condition of embar- ragement by making any such application as the resolu- tion proposes. For, suppose an answer should be given as was given by a former President of the United States— General Jackson—who, when solicited to appoint a day of fasting during the prevalence of chelera in the couatry, refused, on the ground that it was peculiarly a ious matter, and, therefore, outside of hia appropriate juris- diction. The President might gay to us that he wouid do what he could in the matter, but you do not come before me with any more right than apy other body of citizens becuse you are the representatives of the Episcopal church of the country. Should he decline to act, where would we all stand? The Episcopal church would bo pre- sented to the eyes of the country and the world in the at- titude of having, in the eyes of the constitution, no inf ence as achurch, It will create an impression that the government of the country does not listen to the applica- tion of the Protestant Episcopal church to obtain some rights from a Catholic hierarchy. If the subject be one which touches our feelings, let each individual improgs upon his representative in Congress and the Senators of the Stato importance of bringing the subject before the general evrament. He would move that the resolution be re- ferred back to the committee, aud that they be instructed to report the following in lieu of the one now under con- sideration. He could not move to amend the resolution as reported nor offer a substitute for it, and his only course in the matter was that which he suggested. The following is the resolution which he would propose:— Resolved, That it would be a source of high tification to this House of the General Convention if the aut GSRIRER Oa ada ern ee fun rant fons, as farns le, for the exercise of public worship on the part of our countrymen in foreign lands according to the dictates of their consciences; and also to secure the deportation. of our dead countrymen from Cuba particularly, without most cottly exactions, and the decent rites of Christian burial of suck of our citizens as die i foreign lands. Mr. Wetsn, of Pa., was opposed to the amendment and in favor of the origina) resolution. Mr. McCrapy, of 8. C., said these resolutions were very objectionable. ey affirm as the motive for our action that we tolerate all religion, and that we have the spirit of religious, freedom among us. He would say that they no right of insisting upon any other nation adopting our religious principles or be- lief. Itis not on that score that we have a right to ask these privileges. If we have any .right, it is under treaties. It so happens that we havo a treaty with Spain which entitles us tg reside in their isiand, and to go thore on any lawful business or for pleasure, and there to be protected. This is a right which belongs to all American citizens. But when we come to observe the fact of the difference of our religion from others, we sco that this right, or any other which might be deemed consequent upon it, does not.operate equally upon all. If a Roman Catholic citizen goes to Cuba, there he can dwell and worship, and when ho dies he is buried like a Christian. But we, because we happen to be of a different faith, are not permitted to worship, and will be subjected, in case of death, to the burial of an ass, as was said by & gontle- man on tho floor a few days ago, and not pormittad to be sent back to our native earth, except upon submitting to heavy exactions. We do not stad on fair and equal terms with many of our fellow ckizens under this very treaty. Now, he did not ask that a Roman Catholic coun- uy should yield its faith to ours; but be was inquiring what might they do legitimately to secure their rights in Cuba. We cannot approach the Queen of Spain and make our application toher. We can make our application to the treaty making power here, and call their attention to the fact, that we ought t bo protected as well as our fellow citizens who are of a different faith. Re- member that, as a Church, we are proscribed ; and he would suggest the best course would be to ask’ simply one plase of worship in the Island of Cuba, at or near the city of Havana, and algo the right of Christian burial, and the deportation without heavy exactions, of those who die there. These are the three object at which the resolu- rf 8, a4 he thonght they onght not to require these refercnee to the whole Island, as the resolution would imply. He proposed the following resolution by way of substitute for the last one offered by Dr, Hawks :— ‘Wherens, in the island of Cuba, America citizens professing the reiigion of Protestants are not allowed io assemble for wor ship according to their accustomed rites, nor to bury their dead with Christian burial, nor are those who die there permitted to be deported to their native land without oppressive exne- | tyons; and whereas, many members of this church are usually sojourning in the fsland, lawfully and peaceably, under our | treaty with the kingdom of Spain; theretore | Resolved, the House of Bishops concurring, that a joint com. | to address a memorial to the President of nthe name and behalf of this General Gan. vention, praying him to take such measures as he may deem proper, by treaty or otherwise, to procure. for the members’ of this chirch permission to preach and. hold A chape! snd place of burial in or near the city of Havana, Where the worship aud services of our church may be per: formed. and deport our dead without any other than sanitary | restrictions from any piace in Cuba, Dr. iH, of S. C., said that while the objects sought to be accomplished were exceedingly important, he did not think they ought to be accomplished through that Con- vention. Mr. Rvearxs said he would move to strike out all that asked for the right of worship in Cuba, He would ask, az @ natural right, that their dead should be deported’ or buried with Christian burial. He would not ask to pro- pagate their political system inthe Island of Cuba, nor Would he ask to propagate their religious system there. He was not sure but that they (the Gubans) had a right under the law of nations to preserve their own religion, and he therefore did not ask to interfere with it, but he ‘Would maintain their own right to the possession of their people, living or dead. This, in his opinion, would be the Proper course to adopt, rather than pursue that which was proposed by the resolutions. Mr. Carnet, of Maryland, after a few remarks, re- ferred to the refusalon the part of the House, a few days xgo, to pay their respects to Governor Wiso in an official capacity, and that, too, least it may be supposed that the church would bo identi- ying itxelf with A political movement; and yet the same house that refused to perform this act of official courtesy entertains, and not only entertains, but delights to introduce a proposition in the dircction of the annexa- tion of Cuba to the United States. He would say that there we ome individuals in that house now, at this time—he «id not speak of the Conyeution, bat of out sidere—who are chuckling over the hope that the filibus- tere will have such an ally as this resolution from the Protestant Episcopal Church. After a few other brief remarks the above resolutions wore withdrawn, and the following preamble and resolu. tion, offered by Mr. Wititasis, adopted: Whilst the members of this’ house most anxiously desire to nea the right of worship and of sepultare secured to our countrymen in the Island of Cuba, yet, as the acti: house, 4s an organized religious body, May perhaps become a dangerons precedent, and be usew hereafter as a reagon for Interfering in the polities of the country; therefore Resolved, That the report be recominitted to the comnuttee, wilh hualrtitions to omit the resolution, * ‘House then took a recess until seven o'clock P. M. NIGHT SESSION. The Honge met at seven o'clock P. M., pursvant to ad- journment. Dr, Mean moved that the House proceed to act upon the nominations made by the House of Bishops, to Wit: of the Rey. Dr. Clarke, of Connecticut, as Missionary Bishop of the Northwest, and tho Rev. Dr. Lay, of Ala- bama, as Missionary Bishop of the Southwest. He moved that the vote be taken by ballot. Mr. Coxnan, of Va., moved to amond that the vote be taken viva voce. The amendment was lost, whereupon the original reso- ation was a 5 At this stage appropriate prayers wore read, ‘The delegation from Virginia called for a vote by dio- ceases and orders. Dr, Hawks hoped the vote would not be taken in this form, as ho thought the privacy of the ballot box could not be preserved. The SecRwTARY suggested that the name of each diocess could be written upon a slip ef paper, with the words “Yea” or “No.” The suggestion was not acted upon, and the usual sys- tem of balloting was decided “pone ” Before the batiotting was proceeded with, a message was received from the House of Bishops, informing the Honse of Deputies that they concurred in the resolutian of the lat- ter appomting & committee to eorrect the proof sheeta of the Bible; and they appointed the following committee on the part of that House—Bishops Wittingham, Eiliott, Bur- gest, Potter and Odenheimer. Alen that it bad passed a resolution and ganon adopted NEW YORK HERALD, SUNDAY ;OCTOBER 28, 1859. by the Joint Committee on Canons, entitled canon 3, of ti- we 4, of the digest, ab KLXCTION OF MIAKIONARY RIBHO! ‘The House then proceeded to ballot upon tho election of Dr. Clarke, of Connecticut, a8 Missionary Bishop of the Northwest, with the following reault:— CLERICAL VOTE. Whole number of diocoss voting. Of which Dr. Clarke recoived,. Only three voting against him. LAY VOTE. 26 aa 4 EP @nly two voting No The voling then proceeded on the election of Dr. Henry C. Tay as Mi of the Southwest, and resulted in his unanimous election by the clerical and Jay deputios. Upon the announcement of the election of both, the house sang the Gloria in » Aud then, upon motion Of Dr. Muap, the signing of the testimonial was led ‘this the remainde: with, and occupied r of the night's TWELFTH DAY. Much of the session of to-day was doveted to matters Of business relating to business and church discipline, but Rot interesting to the general reader. DWORETIONARY USK OF THE LITURGT. ay be in different dioceses peculiar f the character or condition of certain which demand some special services; desirable that the use of the Book of shicle of the church's devotions, may of Common nlightened love for the semi e rod people to umake their Iabors for Christ fore, Resolved ag the sense of the House of Bishops, 1. That ministers may, at their discretion, use separately the ‘Bios for morning prayer. and that where & third service Is to be held the Litany or the ante communion office, or both, may be the afternoon; the order for evening prayer’ being reserved for sald third scrviee. ‘2. That the order for the holy communion, in {ts entireness, may, with a sermon, be used sonata provided, peverthe- praeaed ty Ghimooet aoriigorwedepete ee ‘of morning or evening prayer. PFS That on occasions or vervices other than Fegwiar prayer, t established con; may at thelr discretion use such parts of the book of Common Prayer and such lessons as shall in their judgment tend most ‘The report of the minority of the committee to whom the subject had beer referred closed with the following resolution:— Resolved, That the preamble and resolution submitted to this committee for ‘consideration, ther with canons xiv and xivit of 1832, be referred to a it cumunittee of the two houses, to consider and report, at the next general Convention, what modifications, {f any, are needed in the mode of conduct ing the services of the church, or in the use of the book of Com- mon Eyer! in established pariah churches, and in the mis- elonary , foreign and domestic. Dr. Coxe offered the following as a substitute for both resolutions:— W7bereas, the preamble id resolutions adopted by the House of Bishops. on the elghteenth day of the last session of the gevera! Convention, in relation to the use of the Book of Com- mon Prayer, and published in the journal of the said Conven- tion, have been considered by some as suilicient grounds for disturbing the uniformity of worship which prevail tbrougbont our chureh, and have been received in various pa- righes a Jawfui authority for deviating from the Rubrics; Kesolved, That canons 45 and 47 of 1832 be referred to a joint committee of the two houses, to consider and report at the next geteral Convention what modifications, if any, are needed in Bald canons, The debate on these several resolutions occupied most of the day, and was characterized by a disposition on the part of the delegates to impute to the House of Bishops a desire to overstep their legititnate functions. Finally, the following amendment was adopted:— Strike out from the resolution of the committee the words woted. Whereas the resoltitions adopted by the House of 1th of October, at the last sesuion of the General Cont disturbed the uniformity of wor- ship,” and insert the words “have disturbed the minds of. many members of our church, creating doubts both as to the effect of said preamble and resolutions, and as to the coustitutionality of the mode in which they were adopted and published; therefore, Resolved, That the House of Bishops is hereby res; should fully nd. jiested to reconsider the sald preamb'e and resolntions, a to throw the subject into such shape as to be submiited to the Joint action of both houses. The resolution of the majority of tho committee, as amended, was adopted by the following vote:— CURRICAL DELEGATES. ‘Whole number of diocesses represented thirty-onc—of which there were yeas 21, nays 9, and 1 divided, LAY DELEGATES. ‘Whole number of diocesses represented twenty-one—of which there were 15 yeas and 6 nays. oe House then adjourned at half-past eleven o'clock THIRTEENTH DAY. Dr. Mxap, from the'Committee on Canons, presented re- ports on the following subjects:— Canon as to the abandonment of communion by a pres- byter or deacon; as to its abandonment by a bishop; as to service of notices or citations; and as to the trial of mi- nisters by foreign bishops. Tho Canon approved and re- ported on the latter point reads as follows:— TRIAL OF MINISTERS RY FOREIGN BISHOPS. 1. Ifany minister of this church, acting under a foreign missionary appolntment, and within the missionary'jurisdiction Of a foreign miasionary isshop, shall commit any offence which comes within the provisions of ‘anon 2, Title f. “of offences for which ministers may be tried and punished,” or shall re- fuse obedience to the Iswful authority of the Missionary Bighop, such clergyman shall be proceeded against nccordia tothe constitution and eanong of any diocese of this hurd which may have been selected at the lime of the appointment of the standing committee of such missionary jurisdiction, pro- vided that a presentment shall first be made by the members of eaid Sionding Committee, or if the accused party be a member of the Stunding Committee,foy other member or members there- or 2 The court for the trial of such Minister shall con- sist of five Presoyters, excluding the members of the stinding commitiee; or if there be not five, three of all the members of such missionary jurisdiction. If there be more than five, then shall the standing ecmmittee select by lot the five who shall compose the Corrt, which Conrt shall proceed iu the trial xccording to the cauons of the General Convantion of tne Protestant Episcopal Church, in so far as the same may be applicable to-anch a case; aud when no provision ts made sae, uate to the exigeney, the Court shall consider ard adjudge the ease according to the principles of law and equity. ‘The sentence of the Court shall be rendered to the bishop of such misslonary jurisdiction, who shall have power to re- vise and modify thé same, and the decision of the bishop shall be final and conclusive. MISSIONARY SOCTETTRS. Dr, Sreveys, of Pennsylvania, from the Committee on Domestic and Foreign Missionary Socicties, reported back the series of resolutions presented on the tenth day, omit- ting the Jast, in conformity with the ins House in re-committing the report a few daysago. This last resolution, it will be remembered, gave rise to long discussion, and it was finally agreed to re-commit the re- port with instructions to omit that one (printed above). USSIONARY BISHOPS. On motion of Mr. Famnanks, a resolution offered by him a few days ago, and laid upon the table, in refor- ence to the consecration of Dr. Clarke and ‘Dr. Lay, elected a few days ago a8 Missionary Bishops of the uorti. west and south-west respectively, was taken up and adopted with some slight modification. An amendment was agreed to, fixing Saturday as the day of adjournment sine dir. Dr. Mason, of Md., submitied the following :—Resolved, the house of Bishops concurring, that the following canon be adopted -— ci CANONICAL QMOURS. Tn all congregations of this church, in which the Holy Com- munion is statedly celebrated, the morning and evening ser- vices of this church shall be, during canonical hours, per formed as prescribed by the Rubrics of this Church, | And these shail be esteemed canonical hours in which the morning and evening services of the Chureh are, in any congregation, ordinarily performed. At all other times and occ sions of pub. io worship, selections from the liturgical offices of this Church, used under the — direction may or permission of the ecclestastical authority of any. diocese In which such deviations from ‘the regular ‘service of the Church mag be thought desirable or requisite. Referred. ‘The Preeipest rend tho following telegraphic despatch from Dr. Clarke, of Conn., Missiouury Bishop elect of the Northwest DR. CLARKE DECLINES THE MISSIONARY BISHOPRIC. Wareancry, Conn., Oct. 20, 1859. ‘To THE PRESENT o¥ THE Hovsx oF CLERICAL AND LAY Dk- PUTIRS:— = ‘The undersigned most respectfully but positively do- clines & womination to the office of Bishop to the Church, Mr. Crtasmens moved that the House of Bishops be re- guested to end to this House a nomination for Missionary ishop of the Northwest, in lieu of Dr. Clarke, who de- clined. Adopted. RULES OF ORDER, Dr. Vivtoy, of New York, oflered the following rosolu- tion, which was adopted: — Resolved, That a committee of be appointed to revise theRulen of Order of thie Houne aid report to the nese Genera Convention. RLRCTION OF TREASURER. Dr. Mian moved that the House proceed to the election bl Ske tone "te? bons e motion was agreed to; wheseupon Dr. M. nomi- nated Herman’ Copes Eaq., for tbat. ollie for the next three years. The question was put viva voce, and he was nnanimously elected. Mr, Conran moved to reconsider the vote of the House sending up to the House of Rishops a request that they would send down another nomination for Missionary Lishop of the Northwoste ‘The motion wam agreed to. OPAICATING. OF MINISTERS. WITHIN THR CURE OF OTHERS. ‘The special order of the day was then taken up, which was tho following canon reported on Saturday last trom the Committee on Canons. A long discussion ensued upon it, and a series of amendments and modifications were proposed, none of which, however, were adopted, save bne which was a distinet’ section offered by Mr. Ruggles. This is the eighth section as given below:— OFFICIATING OF MINISTERS WITHIN THE CURES OF OTHERS, 1. No minister belonging (o this church shall officiate, either by ‘prenobing, readic or otherwise, in (he parish, or pa other clergyraan, unless he have wecelved express permission for that purpose from the minister of the parieh er cure, or, in his absence, from the churchwar- dens oy ‘estrymen, or trustees of the congregation, or a ma- orlty of them " soe bat ecegtalgment nnd defining of the bohindarten of gpa: or parochial cures, a8 well as the establishment of surriaec: ' mh id forming a vew parish, peed’ ‘ocean wentions for the divcesas re: sulation of © Diocesan Convea- featahilebuven ew OF omgreguions’ witha ths : erase ‘shalt be ‘voated in the of the: ‘by and with (be advice and consent of i Diereot; and in onao of there being oo Bishop. ba fenced 4 being oo Bishop, 4. Whe ndarles defined by law or wine toy ab fr he purpr sen of this nection, be soled Sa defined by the div! of the State, Parochial boundaries shall be the iimits as now Sapa by . , incorporated borough, of or mM ‘may have brie Win airy or ase samo shall be thereof. Ifthere are two or. more coupon nota were sl ed ae ct besscoe: “77 when, under’ the ai ‘@ canon or other of ge pancreas te raise 8 This hall mot affect any legal “1 canon 8 OF property of q juestion on the of the t on otertien report was taken, CLERIGAL DELEGATRS. Whole ber flip neccrenpy gen sg Of whieh | Lav Whole number of dicceases there were for the adoption Against it recess, 01 was which was tho follor Tesolutions reported by the mittee on the State of the Church:— 4 1 Resolved, That, in the ot this House, it is the detg every member burch 2 conscorate a doa geatage of it neve to tha advancement of the cate of Sar 2. Resolved, That systematic and frequent offerings by tr cherge of Paraben their Tocks es hesrecprtone: Saar cee; Srnec asteees dt talk proepered ‘and thed to this the clergy bring ‘The first resolution was amended by substituting the Bete “proportion” for “per centage.”? It was them secomé resolution was adopted, Dr. Tausot moved to amend the resolution of the cem- mittee by inserting in lieu of the words “to complianee with the apostolic direction,” the words ‘to compliance with the spirit of the apostolic direction.” ‘The amendment was adopted, and then the resolution ‘was adopted as amended. ‘The fourth resolution was also adopted. ELECTION OF ‘RECESS. Dr. BuRGiss, of Maine, offered tho following resoluties, which was referred to the Committee on Canons:— Resolved. That the Committee on Canons be directed J aire into the expediency of introducthg a encom fee iho “alae thon ce miaiouacy bishops during the recess of the General vention. The House then adjourned. The Connecticut and New York Boun- dary Disagreemeat. From the New Haven Journal, Oct. 17. ‘We understand that the Boundary Commissioners ap- pointed by the States of New York and Connvcticut haye adjourned without being able to ugree upon the proper method of settling the line, and without agreeing uper any futuro meeting. @ two States have been trying to settle this matter for some years. A former set of Commissioners made all the preliminary arrangements, and went 60 far as to order the stones which were to serve as menuments to be pre- pared; but when the New York Commissioners found eut their State would lose some 2,600 acres it now claims, they backed out, and being unable to agree, a new set of Com- missioners was appointed en both sides. As we understand the cage, tho State of Connectiont, long ago, agreed to cede to New York, in compensasion for the oblong which comprises the town of Greenwich, a strip of land two Mniles wide along the western bord the State, to the angle north of Greenwich and Stamford. ‘The then boundary line was well known and established, and no difficulty was then, or is now, made to the two terminal points of the proposed new boundary lines two miles to the east of it, Butin ascertaining the new boundary, the then Commissioners, instead of runninga line between their parallel to the old one, proceeded to measure from off, gran two miles along old line, a distance of two miles to the east, an ito run the boundary in Imes between the points thus obtained. In cougequence of inaccurate measurement almost all these set off lines were run too far to the cast (only one of them not being far enough,) and us Now York obtained = 2,600 acres’ which —confessedly belonged to Connecticut, and the boundary took a zig-zag course between the points, like a Virginia rail fonce, Ne proper monuments were set up, and the real line hag beem to a great extent a confused matter of tradition, puesiing the few people who live near it.as to what State they be- long. The only thing like a village to be affected by the rectifying of the boundary is @ little place called Hitch- cock’s Corners, where the traditional line runs through tne main street, while the true line runs to the westward of it a few rods, and transfers a half dozen or so familieg to Connecticut. One would think that the State of New York would readily agree to reetify the acknowledged errors of the old surveys, and adopt a straight and clean looking boundary line. But, as we unders:andit, its com- missiouers insist upon retaining all tho irreguiaritios of the old survey, and refuse to do anything more tham, to hunt up the now forgotton ot irregular points every two miles, and to measure the distance between them, claiming that Conuecticnt, by acceding eighty yours ago to the oid measurement, gave up her rights. This ‘seems to us a small point for a sovereign Stato to make, especially when it‘inyolves only a few acres of wild land! and a very few people who obiain a precarious living from it. It is merely saying— We have got tho advant ot you, and we won't rectify it. We have done pene neither of us meant to do, but we gain by it, and we insist upon it.” Were there no gther considerations in the case than the convenience of @ straight beundary line, ome would suppose that New York would wiilingly accede to the propriety of tho claim of Connecticut. Hut its Commis- sioners object to any Arrangement except what is based gu an old and incony®nieat error, andthe matter remains in its old state of a ra Le Suit for TheatPical Services—“Our Ames rlean Cousin.” MARINE COURT. Edward A. Sothern vs. Laura Keene.—Tuis was a suit for salary for services rendered Miss Keene as an actor in performing the celebrated character of Lord Dundrearg in the play of “Our American Cousin."? For the defence it was contended that the agreoment was to be void if Mer. Wm. H. Stephens could not perform the part of Asa Trenchard. The Court ordered the testimony to bo takoa de bone esse before Moses D. Galo, Esq.., the clark, as roferea Mr. Sothern testified that he had rehearsed twice, and Stephens bad called on him at Miss Keeno’s request to be shown the business of the part which was done by plaintiff; he bought the dress for the part of Lord Dunoreary; the first rehearsal was on the date of tho agreement, September 22; he had alway n ready to perform that part, and whon he “todo do 80, Mr. Lutz, the agent of Miss Keeue, said ‘ould pay the salary of pinintiff when he ‘acted; ho (plafinti was unable to sce Miss Keene; Lutz said that he did mot consider that the contract hefd good, as he (plaintiff) had not played; Mr. Lutz was Miss Keeue’s general managing agent; Sothern denied that provision had beon made or spoken of by which his contract was to be void if Stephong was incompetent to perform the partallotted to him; it was said all over the theatre thut ho had acted the part of Asa Trenchard with success in California; the statements were made by Mis. Wood, who saw him play tho part, by Stephens himself, and on tho play bills shown in the thea- tre from California; the “American Cousin’’ was not pro- duced because the “Sea of Ice’? was running so success- fully, and threw cold waver on the piece; Mr. Lutz had said that Stephens was incompetent to perform the part of Trenchard; Mr. Sothern denied being indebted to Migs Keene; he never took a loaso of the theatre from her; he nogotiated with Mr. Lutz and Miss Keene, in person and by letter, in May, 1858, in reference to hiring the thea- tre, but came to no agreement because Mrs. Bowers showed plaintiff her agreement, by virtue of which neither Lutz nor the defendant could lease: the theatre at that time; he hired the theatre for three nights, in June, 1858, from Mrs. Bowers, who was thon in possos- sion; he paid for the same; on the last night Lutz in- formed plaintiff that he must pay him for that night or render himself liable to the defendant; plaintiff them immediately gave up the theatre, and did not use it agaim for dramatic performances; Mrs. Bowers’ agent aul Mise Keene's ench forbade him {o pay the rent to the other, so he backed out altogether; there was no theatrical custom by which the engagements of actors did not become operative till the piece was pnt on the stage. Cross-examined—In the city theatres it was tho custom that the salaries of the actors commenced on the ni that the house opened for the season; it was not usual to pay for the time spent on preliminary rehearsals, During the evidence it was brought out that Stephens, haying Been found incompetent, Mr. E. L. Davenport was telegraphed for to play Asa Trenchard, but did not come; could not say how Stephens rebearsed the part; he did some parts very fairly and others not so fair; there were many words in the part as used here not in the original play; he could not bly know all the words, as many of them were net productions of plaintiff and Mr. Jefferson. -direct—-Never heard Mig Keone make any objection to Stephens’ manner of reb@Brsing Asa Trenchard, Te witness’ opinion Mr. Vincent could play the part, Adjourned to Monday next. Supreme Court, Before Judge Davies, without a Jury. In re Hinman and others vs. A. ¥. Stout e als.—This ia an action to settle the title to some premises in Brooklyn, owned by Mr. B, F. Camp, but which the plaintifts claim to recover on the ground ot irregularity in the proceed ings whereby he property was , sold: undor @& writ of foreclosure. of a, mortgage, on account of the in- terest of some infant heirs, Tt is set. uj thoir rights ‘Were not proper)y cared for, and that Tar. Stout was the executor to the cstate, and that the property was pure chased by his brother under the foreclosure, and by sold to Mr. Camp. The cage will occupy some days. Before Judge Ingrabam. Ohester Judson vs. AY 21. “Bigelow.—Fxcopting that part of the answer whic& relates to the su; sale of the stock pledged as cedlateral, there is i the swer which shows ang defence. As the pinta holds the stock, and,bas sina Id it as Security, the whole answer presents no real ce. Motion granted, Obituary. Mra. E. Hamrvros Honty, doughter of General Alexander Familton, died at Washington on Monday evening.