The New York Herald Newspaper, December 21, 1870, Page 9

OUR SHIPPING INTEREST. The American Steams Philadelphia, ip Line of Whe Capital Subscribed—Work to be Commenced at Once—Oxe Million Dollars Capital— Competitios with New York, PHILADELPHIA, Dec, 20, 1870, The American steamship line between Philadel- Hphia and Liverpool, to be controlled by the Pennsyl- Vania Railroad Company, about which so much has been said and wriicen during the past three years, As af last a Mixed tact. The Pennsyivuuia Railroad Company ata recent regular meetiug of its board of directors promised to subscribe $400,000 toward the establishment of the line, provided the merchants of Philadelphia ‘Would raise $300,000, tus making the capital 700,000, the $40,000 subscribed by the Pennsyl- yania Railroad Coupany to give tnat corporation a controlling mtcresi. A meeting ef the Board of Trade was © the offer of the Pennsyivania Railroad acceptou, and commiitees representing the Jeading branches of trade appointed te solictt sub- Seriptions, The committees after two weeks’ work Feport over $510,vL0 subscribed on behalf of the merchants of tis city. It 18 now proposed te im- crease the capitul Lo $1,000,009, ? CHE OBJECT of this line of steamships 18 to restore to Philadel- phia some of her lost prestige as a commerctal centre, Since tre ¢ Philadelphia has been pro- gressing backwards im aboul the same ratio that her sister cliles baye been going in the opposite di- rection. By esta ishing this line of steamers it is Phought a great deat oO: :oreign trade can be brought to this city—traue ‘iat is now eutirely monopolized by New York. ‘uc /enunsyivania Kallroad propose to receive grain aud otuer articies of Western pro- duce and transpure it direct to thls city and BHurope Wia their road auc ‘he sigamsuip line, and give through receipts Lucre.or, iWO LARGE ELEVATORS, owned by this © wi auy and situated on the Dela- ‘ware river, fool o1 Washington street, will be brought into re ation soon as the steainers commence rani Another elevator (one. of the Jargest in the coucu’y), owned also by the Pennsyl- Vauta Railroad, wil. be used for siorage when neces- ary. Thiseleyater .8 situated at Thirty-tirst and Market streeis, «ud is now beimg used for local Dusuness. FOUR IRON STEAMSHIPS, 835 feet in lenxtu, 4) icet breadth of beam, of 2,800 tons burden aud containing ali the modern im- rovements und iWAuries, will be buiit inunediately— wo at Wilmiieion und two at or near Philadelphia. ‘The cost of 1 sleamer, When fluished, will be $000,000, . Ab. a NO REGULAR ORGANIZATION has as yet been e.iecied. 1t is generally understood, however, that Air. i. CO. Knight, Chairman of the Executive Coimin.tice of the Board of Directors of the Pennsylvania i aiivoud, will be president of the line. To him 18 Philadeipu'a principally imdebted for the success Of tuis Undertaking. He has given his in- phen time aud atiention to the matter from its Inception. Wlieu oti. felt like halting by the way- wide he never gave up hoping and believing in the ultimate success oi vic scieme, and now that it has Teached the desir G culmination his co-workers re- cognize the services Le has performed in its behalf. NUMLROUS APPLICATIONS Nave been receiveu svi shipbuilders and others in- terested in th usiruction of steamships, in regard to contracts, «c. it is fully decided to build the steamers on tie Ve,aware river; applications from baiiders in othe: tions of the country will not be onsidered., itis especially determined that New York shall have uo wand in their construction or management. Av. wediy organized for the purpose of relieving the ‘so-called metropolis’ of some of pe foreign trade, tie company are determined to ‘eep New York siilpoutlders and bankersat a dis- tance. “This is a iennsylvania undertaking, and We are going to show New York what we can do,’? hence the sens:tiveuess with which New York ald (?) 4s viewed. THY, STRONGEST PAITH 4s manifested by wi classes in the success of the Une, with the prudeat management that the Penn- Syivania Ratiroad Company so well understands, it Would seem that tietr efforts in this direction will Dot go altogether uurewarded. Let our New York shipowners look io their laurels, Pennsylvania 1s alter them uud means to win them if low tarits ‘Wil do it, and hercin will Ie the competition. The city that can, or wil, offer the best inducements to Western shippers wili win the race. The Pennsyl- vania Central sys sie can do it. Do New York ship- Owners and railroad men see it? THE COURT NOUSE ‘COMMISSIONERS. Whe Mansard Root us Well as the Dome Bone For. The Court House Commisstoners did not meet esterday, owing to the apsence of Senator Norton. ‘The question of tue roof is still the botheration of the commissioners, and they are aectding and unde- eiding their ways ani planus about tt almost every time they see Ove another. The dome idea is killed, but the Mansard sou! they find now will be an im- Posslbaiy, for the reason that the roof on both ings has been already completed, at great cos such a solid manner that it would be raul travagaut idea tv * put a head” of the French pat- tern on the t ing. The architect promises to erect, in liea of ‘he dome, an ornament of an ele- gant characier, no! quite so costly, Wluch Will be a Dtuing adjurgi wo the present roof. MARRIAGES AND DEATHS. Married. CorRWIN—SILLECK.—On Wednesday, December 17, at the Church of the Holy Trinity, Fifth avenue and 125th street, by tue Rey. Dr. Duryea, Mr, SeTH M. CoRWIN to Miss Lit SILLECK, daughter of H. G. . all of This clty. Mirn.—In this city, on Satur- November io, the Rev. Joseph H. Price, D. . Stephen's church, Joan KENDRICK 110., to Miss ELLA, daughter of q., of New Haven. —On Sunday, December 18, by ston, ALBERT R. RANDOL, M. D., to Harvie D. Jaccuns, both of Passaic, N. J. WILLIA! Apee(.—in Brooklyn, on Tuesday, December 20, ac tie Church of the Restoration, by tue Rev. Jonn C, Ayer, Joserpy D. WILLIAMS, of Brooklyn, to PuEBE A. ABEEL, Of Staten Island, ), of Waterbury, A. Goldsmith, Ranpou—sa the Rey. Johp ¢ Died. ‘ ADAMSON.—On Monday, December 19, at No. 26 New Chambers street, KOBERT ADAMSON, in the 41st year of his age. His friends are invited to attend the funeral, from the above piace, this (Wednesday) afternoon, at half-past one 0 ¢.0¢ SUMMONS .—-Breiiiren—You are hereby summoned to attend a specu! communication of John Hancock, Lodge, No. io, !’. and A. M., to ve held at their rooms, Odd Fellows’ Hall, on Thursday morning, December 22, at nine o'clock sharp, to attend the Faueral of ourlate vrother, Robert Adamson. By order, S. GODOHAUD, W. M7 ) JON H. Sives Secretary BeEw.—On Suniay evening, December 18, JAMES ‘W. Bebeg, in the 62d year of his age, The remains were taken to Bethel, Conn., for n- teriment. Yonkers papers please copy. Bant.—Ab Portchester, on Sunday, December 18, THOMAS BES Relatives ani srvicuds are invited to attend the funeral, from the vrespyterian church, Portchester, this (Wednescay) afternoon, at one o'clock. New York and N Haven cars leave Twenty-seventh Street depot at bali-past eleven A. M. BIANCHI.~-On Tuesday, December 20, SARAH, wife of John Bianchi and daughter of Alexander and Mase Carmichel, aged 21 years, 2 months and 25 a, The relatives and friends of the family are invited to attend the funeral, from the Forty-third street Methodist Episcopal church, between Seventh and Highth avenues, ou Thursday morning, at ten clock. x Bravy.—Mrs. Baapy, wife of John Brady. The friends are respectfully requested to attend the funeral, this (\vednesday) afternoon, at two o'clock, from her lete residence, 227 Nassau street, Brooklyn. HREESE.—At his residence, at Mount Airy, near Philadelphia, on Saturday, December 17, Rear Ad- miral SAMUSL Livingston BREESB, Untied States Navy. ‘The funeral services will take place at St. Mark's church, in this city, thts (Wednesday) afternoon, at three o'clock: | ‘ihe relatives and friends of the fam- ily, alo the oficers of the army and navy, are re- aptctinily invited to attend. CHAMBERLAIN.—At M unt Olivet, near Maspeth, 4.2, on y, December 19, Saran E., only daughter of Charivs M. and Anna M,. Chamberiain, in the ith year of her age. Funeral this (Wednesday) afternoon, at three o'clock, Friends and relatives are invited to atcend. CLAGUE.—Suddealy, on Tuesday morning, FREDE- RICK WILLIAM CLAGUE, @ native of the Isie of Man, 4n the doth year of his age. ‘The frieuds and relatives of the family are respect- fully invited to atiead the funeral, irom his late residence, No. 2 West Thirty-sixth strect, on Thursday’ afternoon, at two o'clock, His rematns = be taken to ( wood Cemetery for interment. English papers picase copy. Crownny. 2 athe “aay, December 20, RicHARD CROWLEY, aged éi years, 8 months aud 6 days. The iriehds of the family are respectfully invited fo attend the funcial, (rom his late residence, 1,412 Third aveaue, on Thursday afternoon, av one bel . lew Haver (iowa) papers please copy. Donan. Ons baer ak ber 20, Doras, aged 75 yeas The friends and relatives of the family are respect- fully invitea (o atiend the funeral, Tom his late Tesidence, 212 Madisun street, on Thursday alternoon, at two o'clock. EISRMANN.—On Tuesday morning, December 20, MICHAKL EISEMANN, aged 60 years, ‘The relatives and irignda of the famuy are resvect DANIEL “ NEW YORK HERALD, WEDNESDAY, DECEMBER 21. fully tnvired to attend the funeral, this (Wednesday) afternoon, at two o'clock, from his late residence, No. 63 Attorney street, Faye.—On Tuesday evening, December 20, P. J. Fayr, J! ged 2 months, only son of P. J. and M. J. Faye. This remains wili be removed for interment in Cal- vary Cemetery, on Thursday afternoon, at one o'clock, from 1,048 Second avenue. Franks.—On Tuesday, December 20, after @ short inet WiLuiaM A. INKS, aged 44 years aud 9 months, ‘Tho relattves and friends of the family are respect- fully invited to attend the funeral, trom the rest- dence of his brother-in-law, 110 (new No.) Carlton Avehan: re on Thursday afternoon, at half ast one o'clock. y GELLATLY,—At Hay, New Sonth Wales, on Mon- day, September 26, PETRR NiMMO, son of the late John Gellatly, formerly of this city, aged 43 years, Haver.--On Monday, December 19, ANNIE ELIZA, wife of Byron G. Hager, In the 21st year of her age. ‘The relatuves and Iriends are respectfully invited to attend the funeral, trom her late residence, No, 219 Summer avenue, Newark, N, J., on Thursday morning, at ten o’clock, HEALY.—On Monday evening, Decemper 19, Eos, widow of James Healy, in the 65th year of er age. ‘The relatives and friends of the famtty, and of her brother Murty Sullivan, and of her sons, James and Mark Healy, are requested to attend the funeral, from her late residence, 418 East Eighteenth street, this (Wednesday) morning, at nine o'clock. The re- Mains will pe taken to the Church of the Immacu- late Conception, Hast Fourteenth street, where & solemn requiem high mass will be offered fur the re- pose of her soul; from thence to Calvary Cemetery at half-past one o'clock, ROLLAND.—On Tuesday, December 20, GEORGE HOLLAND, comedian, in the 80tn year of his age, ‘The Juneral will take place at the Church of the Transfiguration, Twenty-ninti street, near Madison avenue, on Thursday afiernoon, at one o'clock, Relatives, triends of the faintly, and members of the poate profession, are respectfully inyited to attend, a wags? .s cnn ee £guiiNosiead.—On Tuesday, December 20, Wit- uy OWARD, Infant son of William and Hetty Hol- lingshead, aged 1 year, 1 monta, and 11 days. Kelatives and friends are respectfully invited to attend the funeral, tius (Wednesday) afternoon, at one o'clock, ifrom the residence of ms parents, (old) No, 48 Wilson street, Brooklyn, E, D. HuGuss.—in Brooklyn, on Tuesday merning, De- cember 20, PATRICK HUGHES, aged 42 years and SIX months. The relatives and friends of the family, and also the Brooklyn Fire Deparunent, are respectfully in- Vited to attend the funeral, from huis late residence, No, 138 Portland avenue, on Thursday, afternoon, at two o'clock. KryBorn.—On Monday, December 19, CurisTo- PHER KEYBURS, in his dvth year. Funeral on Friday afternoon, at one o'clock, from his late residence, 53 Sackett street, Brooklyn. Bostun, New Haven and Dublin papers please copy. oors.—Suddenly, on Tuesday, December 20, PETER Koors, a native of Amsterdam, Holland, aged 45 years. The reiatives and friends of the family are invited to attend the funeral, from his late residence, Charles street, oppesite Cricket Grounds, Hudson City (Twelith ward ot Jersey City), on Thursday a(ternoon, at one o'clock. Leonanp.—On Monday, December 19, Jonn F. LEonARD, a native of the county Cork, Ireland, in the 86th year of his age. Nave, The relatives and ir ends of the family are respect. fully jnvited to attend the funeral, from 945 Third avéhue, petween Filty-sixth and Fifty-seventh streets, this (Wednesday) afternoon, at one o'clock. Lopwick.-—-On Monday, December 19, at 387 West Thirty-fith street, after a protracted and painful illness, BESSIE DRAYNE, the beloved wife of Jason A. Lodwick, aged 25 years and 8 months. Mann.—At Salem, N, J., on Sunday, December 18, ALICE CONSETT, only Child of Charles A. Mann, of Utica, and granddaughter of Rev. Dr. Paterson, of St. Paul, Minn., aged 2 years and § months. MAUNDER.—On Sunday, December 18, MAUNDER, 1n the 83d year of his age. His friends, and those of his brother, Peter Maun- der, and brotner-in-law, W. M. Thurman, are in- vited to attend the funeral, from the resiaencefot the latter, No. 470 West Twenty-second street, this (Wednesday) afternoon, at one o'clock, MEIGHAN.—On Monday, December 19, of scarlet fever, GRACE MEIGHAM, youngest daughter of penn Cc. and Maria Meighan, aged 4 years and 9 months. The funeral will take place this (Wednesday) after- noon, at three o'clock, from the residence’ of her parents, 194 (old No.) Court street, between Degraw and farriso ; streets, Brooklyn. MURRAY.—Mrs. MARGARET MuRRAY, in the 55th year of her age. There will be a requiem mass at St. Gabriel's church, Thirty-seventh street, on Thursday morn- ng at nine o’clock, URRY.—On Tuesday, December 20, Mrs. MARY Murry, in: the 40th year of her age. ‘The funeral will take place on Thursday afternoon, at one o'clock, from her late resi ience, 139 East Six- teenth street. The friends of the family are respect- fully invited to attend the funeral from theace to Bergen. McMILLAN.—On Tu ANDER MCMILLAN, aged fast, Ireland. ‘The relatves and friends of the family, and those of his brother-in-law, Jonn Gardiner, are fully invited to attend the funeral, from chapel (Rey. William D. Walker), East ‘T'wen' pret this (Wednesday) afternoon, at half-past one o'clock. NewcomB.—Suddeniy, on Friday evening, Decem- ber 16, H. Sorutg, only child of the late Warren and 3.L. Newcomb, ‘he relatives and friends are invited to attend the funeral, from the New York Hotel (Washington place entrance), this day at twelve o'clock. Newnousr.—On Monday, December 19, MARy Cousins, wile of James Newhouse, of the county Armagh, Iveland, aged 34 years. ‘he relatives and Iriends ot the family are respect- fully invited to attend the funeral, trom her late res dence, 272 Eiizabeth street, Dp Bleecker, th (Wednesday) afternoon, at one o'clock. O'CONNELL.—On Monday, December 19, CATHA- RINE Mania, only child of David and Maria &. O'Con- nell, aged 4 years, 4months and 24 days. The friends and relatives of the family and those of her uncles, John, Michael and James Mahon, are requested to attend the funeral, from No. 310 East Eighty second street, this (Weduesday) afternoon, at one o'clock. O'DONNELL Joun jay, December 20, ALEX- 88 years, a native of Bel- UNITED States LopGE, No. 207, F. and A, M.-—Brethren—You fare hereby summoned to attend an emergent communication, on Thursday, the 22d instant, at half-past eleven o’clock A. M., for the purpose of paying the last tribute of respect to our late brother James O'Donnell. By order. HENRY RANSOM, jM, WriuiaM HH, THompson, Secretary. PRANKARD.—On Monday, December 19, GEORGE NorMa\, only son of George P. and Julia L, Prank- aged 2 years, 8 months and 7 da 4. The relatives and friends of the family, as also the members of Contmental Lodge, No. 129, F. and A, M., are respectfully inviied to attend the funeral, from the residence of his grand parents, 129 North Oxtord street, near Myrtle avenne, Brooklyn, this (Wednesday) afternoon, at half-past one o’cleck. Rrese.—On Monaay, December 19, HENRY REESE, ged 38 years. Relatives and friends are invited to attend the funeral, from his late residence, No. 348 East Forty- ee street, this (Wednesday) aiternoon, at two o’cloc! Roge.—On Sabbath afternoon, December 18, JonN Rosp, a native of Aberdeenshire, Scotland, aged 64 years. Funeral from his late residence, 150 West Twenty- fifth street, this (Wednesday) morning, at ten o'clock, Rosinson,—At Tremont, Westchester county, N. Y., on Sunday, Deceinber 18, of consumption, Mrs. REPECCA ROBINSON, late of Brooklyn, N. Y., in the 85th year of her age. i RovrkKE.—In Brooklyn, on Tuesday, Decemier 20, Joun ROURKE, In the 20th year of his age. The friends and relatives are respectfully invited to attend the funeral, from the residence of his parents, 24 Columbia street, South Brookiyn, on uursday afternoon, at two o'clock. Sueane.—On Monday, December 19, CATHARINE, wile of James Sheane, a native of Killarah, county Gaiway, Ireiand, in the 64th ycar of her age. The relatives and friends of the family are respect- fully invited to attend the funeral, from her late re sidence, 170 Madison street, on Thursday afternoon, at two o'clock. CATHARINE SHIELDS, SHIELDS.—In Brooklyn, aged 62 years, ‘The funeral wil take place from her late residence, No. 178 Gold street, corner of High, to the charch of the Assumption, corner ef York and Jay streets, on Thursday morning, at half-past eight o'clock, from thence to the Cemetery of the Holy Cross, Smirn.—On Tuesday, December 20, sLMA DoRE- Mus, wife of Edwin Sinith, and daughter of Thomas C. and Sarah v. Doremus. STEPHENSO: At Norwalk, Conn., on Sunday, December 18, DAVID STEPHENSON, Esq., aged 70 ears. ¥ Funeral from his late residence this dav. ‘rait.—On Monday, December 19, WILLIAM, Son of cea and Kate E. ‘Tait, aged 9 months and 15 day: ‘The funeral will take place this (Wednesday) after- noon, at two o’clock, from the residence of his pa- rents, 313 Twelfth street, South Brooklyn. Tansey.—Suddenly, on Tuesday, December 20, of hemorrhage, PaTRICK O'C., son of the late Patrick ‘Tansey, aged 13 years. ‘The Iriends of ‘the family are respectfully invited to attend the funeral, from lig late residence, No. 172 Chrystie street, on Thursday afternoon, at one o'clock. Tracy.—On Tuesday, December 20, Tomas J. Tracy, aged 32 years, 1 month and 10 days, "The relatives and friends are respectfully invited to attend the funeral, from his late residence, 246 East fwenty-sixin street, on Thursday afternoon, at one o'clock, WALKER.—On Tuesday, December 20, after a short and sev ilness, HARRY FARMER, Son of Robert E. and Anue M. Walker, aged 11 year, 4 months and 12 days. 7 @ irionds of the family, also the friends and re- latives of his grandfatuer, Charles Satterly, are re- speetfully tavited to attend the funeral, at the resi- dence of lits parents, 446 Niuth avenue, on Friday afternoon, at one o'clock, WAvERS.~-On Monday, December 19, TimoTHY Waters, aged 45 years, late Captain First regiment, New York Volunteers, and ex-foreman of Engine Company No, 22. Funeral from 767 Seventh avenue, on Friday after- noon, at one o'clock. helatives and friends are in- vited to attepd without further notice. Work.—On Tuesday, December 20, Georar H, Won, in his 48d year, ‘Yhe funeral services will be held at 59 East Filty+ fourtu street, on Friday morning. at ten o'clock, THE ANNEKKE JANS ESTATE. ‘A NNEKE SANS! HEIRS, THE GREAT TRINITY CHURCH CONTROVERSY, IMPORTANT DECISION BY JUDGE MoCUNN. MoCUNN, J.—The above is the amended complaint in this case. The plaintiffs ask for a receiver. The defendents interpose a demurrer t— rEirat, They say, That it appeara upon the face of the complaint that there isa defect of parties d enceah fo this u ration therein named, to wil :— ‘The rector and inhabitants of the city of ‘New York in ion of the Church of England as by law estab- “Second, That the said complaint does not state facts suf- flclent to constitute a cause of actio A demurrer to a pleading admits all the material facta ted therein, but alleges that thone facts in law do not con- stitute a cause of action, and submits that question, and that question alone, to the judgment of the Court, A demurrer Admits all the allegations, but ft admits nothing but what is material and well pleaded; consequently, such alte compose tois complaint, they being all immatert: admitted. Moreover, a demurrer is only a techni sion and does not involve ® confession; consequently, the demurrer herein is not in any way damaging to the character Of the defendants, Agal n, conclusions of faw are never ad- mitted by a demurrer; consequently, the charges of waste fand diversion, and that the defendants have departed trom the Protestant faith, contained in the pleadings before me, being conclusions of law, are not admitted. In regard to the non-jolnder of parties, It ts sought by this action to take away the property of thischurch and corpora. tion. It will be seen by the complaint that the only detend- ants named {n the sult are Mr. Morgan Dix, one of the clergy of the Trinity Church corporation, and Win. E. Dunscomb, ‘one of the counsel to wafd corporation. ‘The corporation Fot mado a party, and yet the plaimtif seoKs to take from {t its property and put the same into the hands of receivers. Kmphatically this cannot be done without the corporation boing tirst heard, after}having been mado a party, How Preposterous it would be to sue two of the directors of a ad company individually, and seek in that action to A receiver appointed to take charge of all the affairs of the road; or for one of two ceatul que trusts to ane tyr Ahe removal of the trustee without joining the cestur quetrists, ‘The legal estate of every corporate body {# vested not in the igdjvidual corporators, but in the corporation itself; the éatate, however, Is a trust for the beneit of the corporators, By the wise poliey of the law corporate bodies are forbidden to be seized to a use, but, by Ike policy, the law permit em to be yegted with atriat, Henoe, if ‘thea two defen. fants actiially have an interest in the estate of tue corporation of Trinity church, It ean only be as cestul que trusts. (2 Bac., 11; Sanders on Uses, 297; 1 Vesey, 487, 538.) ‘The complaint shows—and it is about the only fact It do show-the existence of a corporation, and that such corp, ration is vitally interested in the question sought to be raised in this’ controversy. erefore, a hecessary party to {ts final determination. These considerations make it evident that the corporation must be a Party to the prover determination of “the contro if the plaintiff desires to establish bis claim to bi corporator, or to preach fn the pariah churely or to bi receiver appointed to take charge of the cerporate property, he clearly cannot hi reilef in an action againet two private fndividuals who, as far as appears by the complaint, are not members of the corporation at all. Again, the prop: erty is desoribed in the complaint as being in the possess Of the defendants and their associ styling them “The , Churchwardens and Vestry rinity Churel It {s not alleged that they are not entitled to these ofl and if they are so entitled their possession an acts ate those of the corporation, and the corpora- tion alone is the party to be held Feapoualble for them. By, implication in this pleading thelt titie to the oflices ts admitted, their predecessors beiny spoken of, which is equivalent to admitting that defendants have succeeded to the ofilces, Defendants being, by tho supposition of the complaint, possessed of certaln property not ip their own right, but in the right of the corporation, ought not to. sur- render such property to a recetver without having the corpo- ration before the court to defend its rights. ‘Tho defect of parties is the omission of the corporation “the Rector and inhabitants of the city of New York in communion of the Church of Rugland, as by law established.” "Th is the cor. porate namé of the corporation according to the language of he complaint, #0 that this defect appearing upon its face, the first ground of demurrer {# well taken. Ax to the second ground, that the complaint docs not stato facts suflicient to constitnte a cause of action. The allega- ton that tne defendants have departed from the Protestant faith and baptism was, I suppose, intended to sustain the charge of the diversion of the trust'estate from the design of the original corporators, Now, if the object of the founders of Trinity church was to suppress vice and immoraiity it 18 very pliin to allthat to adhere to the Protestant taita and Protestant form of baptism is not at all necessary for that purpose. The charges in the complaint from the seventeenth para- graph to the end make up the offence of diverting the trust ‘unds from the purposes of the founders. Now, supposing them true, they do not in any way affect the estate, if we ex- cept the atatement in paragraph eighteen, that a “salary” is pald for preaching blasphemies. Statements in a. pleading must be taken as strongly as possible against the party making them, This statement does not necessarily imply any more than that the ralary which is due on account. of services generally ts not withheld on account of the alleged Dlasphemies. Even if what was preached on some occasions nad been plainly heretical, the treasurer of the @leorporation would mot have ‘beeu Justited in stopping salaries. The remedy to prevent preaching hereti- cal doctrines is of another kind, and to be ‘applied for iam diferent way. There is nothing in the charges of the twenty-second and twenty-third counts. They must be con- atrue y construed’ they amount to noth- ing. ard to the allegation that the income of this cor- poration is very largely in the excess of ita charter (:$800,0.0 per year), the answer to that {s simple: this Court cannot Paki . Application in such case must be made the Attorney General. Again, the plaintiff bases bis right to bring this action upon the allégation of his being a suc: cessor of some persons who were, some 170. years since, cor- porators of this corporation ; of his religious tenets agreein; with those of certain persona who were living some hundred and fifty years since and who were supposed to be wardens ‘and vesirymen of said corporation; of his willingness to preach tn the parish church of said’ corporation and to do whatsoever may be necessary and proper to secure his corporator ; also upon hia baving taken the sacra- chapel of said church. Now, al! this is very bad because it does not show, or atiempt to show, how e became a corporator oF @ successor of a corporator. As to his willingness to preach in ‘Trinity Pa- rish Church,” I have no doubt whatever in regard to suc! Nay, more, if such willingness were williuigness good cause of complaint, or if ‘such condescension cn the partof the plaintif could be made the basis for a good count upon which to sustain an action, that there are many of the clergy in the different Protestant denominations who would most willingly condescend in like manner to preach in Trinity church, Indeed, Tam afrald if such were the cas and this Court iad jurisdiction over the subject matter, the would be no end of actions againat the corporation. “Apart from all this, however, he does not state n single fact ahow- ing that he, plaintiff, had a right to preach in Trinity church, or that defendants had any power efther to permit or prevent him from so preaching. It Is not alleged that it was the duty or in the power of the defendants to provide for the puor of the city, or to prevent Chureb street from being scandaious, or to do any of the other tings which they are charged with having left undone. As to the acheme of the defendant, Dr. Dix, for the establis! ment of h of mercy and the like, thete are not matters which can be inquired into by this court, nor can the seek- ing to acquire “political weigh ” and threatening the Legis- lature with contempt be considered a wasting the church property. Numerous cases are cited by counsel for piaintift, not one which bears in the alightest degree on the questions raised by the demurrer. Indeed, if all the sound law was from such citations it would be Insullicient to give even a patchwork construction npon which to build the wild and constrained theories indulged in this compla{nt. Perhaps, from viewing doubtful cases in this light, a habit of false construction of all cases, sounding in naine like the one under consideration, by them’ at the time is, unawares, formed by some counsel, and predilections in their mi ids sort the tangled heap of decisions into a desired shape to suit thelr purpose long before plodd in itlences after truth and. good taw bas addrenscd self to the task. From this temptation it is feared the counsel for the plaintiff has not wholly escaped, because how else could he have cited long quotations he Lady Hewley case, 7th Simmons, 209; ga Field, sth Wen.; Attorney General against Drummond, 1 Conor & Lawson,” and many others, not a line of waich applies to the case n_hand—cases containing the history ot controversies between different part of individual Pro- testant sects, and not having the slightest bearing on the point betore us ¥ ‘There is another and a very grave objection, and, I bold, a valid reason in law, why this plaintiff should’ not be listen- ed to. Before a suitor can claim the interposition of a court of justice, either in law or in equity, he must have some wrong remedy, Some grievance to redress, or some c!nim to en- force. It ix for accomplishing these righteous objects courts of law and courts of equity are organized. ‘They are not, however, to be used as the resorts of the disappointed, the malignant, or the foolish. They should be, and I trust'are, the tribunals wherein disputes between man and man are fairly, justly, and humanely disposed of; and as the very basis upon which to grant thac justice, the first question, absolutely the very first that is presented to the mind of any court In any iitigatton is, whether the party invoking the ma- jesty of the law {a entitled to refief, and whether he has justly and fairly placed himself in @ position to claim the judgment of the court whose justice he solicits, because it he has not, then there ends the inquizy. Now, applying these general legal principles to the subject matter beture ua, the question first presented to us is, 19 this plainti’ entitled to the remedy he seeks, and has he placed himself ina light 80 as to enabie him to demand of our hands such a remedy ¥ Absolutely we say he has not. Let us 1ook at his position. On the 6h day of May, 1697, William the Third, through Governor Fietcher, then ‘Captain General of the province of inst New York and Territories, granted to Trinity church (th foundation and spire of ‘old Trinity church being then built) charter, under the corporate _ n: “Thy Rector and Inhabitants in communion Chureh of England as now tablished by our Inws" charter, line 100), The charter, among other things, pro- vides that the parish shall be named “The Parish of Trinity Chureh" (charter, line 145). The charter also describes what Jands shall go with the enclosure of the church for grav yard purposes and the like. After defining vhat the d Bf maid corporation shail be it declares (ling, 69) that said Rector and inhabitants in commualon,” &c., shall nomi- nate and appoint such people of said parish as they shall think fit, and # ¢ willing to accept the same to be members of said church, and be entitled to vote at the annual elections for church warden ‘and vestrymen of sald corportion. Thus the char. ter stood, #0 far as the admission of members to sald church was concerned, and also wo far as eecting officers, &c., until 1814 (some ' slight alterations excepted), when, Among other things, it was enacted that “ail male persons of full age who for the space of one year prececing any election shail have been members of the congregation of Trinity church aforesatd, or any of the chapels belonging to the same and forming part of the same religious corporation and who shail hold, occupy or enjoy a pew or seat fn Trinity church, or in any of the said chapels, or have partaken of the holy communion therein within the said year, and no Other persons, shall be entitled to vote at the audual election for the church wardens and vestrymen of the corporation. Now, this section was intended as explanatory, and as direction for thoge who were entitied to vote for officers of said church; and platatiff claims that because a part of this section declares that any person who has partaken of the Hol Communion within one year shalt be entitled to vote, and that as he entered said church as a stranger, and not n mem- ber of said communion, and tormally partook of the Com- munion fn ‘Trinity chapel, without any previous probation or preparation, and without the priest who admiaistered the Sacrament’ consenting or even knowing who he was, that consequently he is entitled to vote at the elec- tion of such officers, ‘This would be an odd doctrine in- @ member of an entirely different religious persuasion, can vote, {s simply preposterona. With the same propriety can a resident of Phiiadeiphia—a Strange, & bad man, indeed an allen to this country, come to thiscity, register his name and vote at our elections, The Proposition is too absurd for serious entertainment. What is Meant by this section of the amended charter above cited is simply this, that any justand good man who had properly pre- ared himself for the Holy Gommunton, and who had been uly aud properly accepted by the rector into the church true and good ‘communiosnty ‘could vote at the election tor the officers of sxid church and’ have all the rights and benciits accruing from the corporation; this Is what was 1 tended “by that section, and what was meant by and nothing cise. it did mot mean cannot by any tortured form of construction mean that avy aaventurer, forthe purpose of causing litigation and for tue express purp of acquiring wealth, could enter satd chy aud wickedly through the form of a communion a) called a member, and that for the purpose, as it would from the complaint, of harassing ita organization. Could folly or wickedness contrive a scheme of spiritual i tolerance more wounding to the sensibilities of any religions people and more to be repudiated by the generous principles of our free Inatitutions! iut, again: ‘this plalntil does not he is an bpiscopatian or moer ¢ Cutreh of England, or of Trinity Chute, bit says he 8 nd & believer in Une doctriies asesiablisued at the Synod at Dort," aud that he belongs ‘tothe Dutch Reformed Church.” It ts clear, therefore, if ho is a Dortita and beings to the Dutch Church, he (& not an Episcopalian, or a memoer of the English Chured, or a communicant, He says, however, as I bave above related, that he took tae sacrament 10 Trinity chapel, and that 'that act of itsoif wituour being a membar af tha Buiconal gommunity, sntislios blu to rote, _. THE ANNEK Now, tet us soe about this, Let us exanu.'e the cause which led to the adoption of this law. The church wardens and vestrymen of Trinity church, follo © example of their English an vestors—thetr original house being too amail—founded o™ three other jlacea of worship, and called them chapels Of Trinity ‘burch. The aatural effect of this aystom was thle church and its chapels formed on congregations were knit into one body, and the communt- cants tn eac Congregation went on Haster Tuesaday 1p the poll of Trinity church and voted for the same clyreh wordens aud hureh, their’ several catrymen; and these, by their olics, took all the churches undef thetr common government, As the charter incorporates those who are in communion with the Church of Eng and, communteants alone before the Revolution wore adinitted to the privilege of voting for charter oficers; and the records of the Church furnish no instance of a contrary practice. At length the Eptxvopailans, by the of the elty, were too numerous to «i its chapels, In thi bie portion of the ‘Kpiaco entitled “An Act to Provide for, the Incorporation Mglous Societies" (Jones & Varick’s ed. of Laws, vol. 204 and 109, passed 1784) for relief; and in the year 1793 they Dogan to incorporate themselves under that act into separ churches and soctetios, The members of the new corporations thus organized under the Religious Societies’ Act elect their own church- wardens and vestrymon. ‘They neither hold pows nor seats fn Trinity church, nor do they commune in that church or contribute to its support. ‘The vestries of the new corpora- Hons appoint their own rectors, clerks and sextons, and they manage all the spiritual and temporal concerns of their churches as they pienss, paying no regard whatever to the veatry of Trinity cuureh, A# A cousejuience of the new corporations, the congrega- Hon of Trinity church consist ef those only who attend Worship in that church and its chapels, St, Paul's church and St. John’s church, and Trinity chapel, the latter having been recently built as a chapel by ‘Lrinity church, No Member of either of the new corporations ever claimed, or pretended to clain, a right to vote for the churchwardens and veatrymen of ‘Trinity chureh prior to the election held for thoae’ officers in March, 1812 “At that election several Persons, known to be members of the new corparations, Wored themselves as voters, but they were rejected, becaund nbither of them Was a pew or seat holder, or communicant in Trinity chureh or either of tts chapels, After this attempt to vote by outside Episcopal communicants © memorial was resented to the Legislature, asking, among other things, for ‘an ioterpretation of the ‘chatter relative to the right of 1g A Dill was accordingly introduced, and in its passage through the hou with little opposition, except from Its preauined interierence with the elective frauchise, and in the House of Astembly it was referred to the Attorney General to report “whether, In his optuton, 1 wise defeat or vary any existing ‘vested rights under the charter or any acts altering it.” The Attorney General ra- orted that ho “had examined the charter and the acts alter- Ing it, with the bill referred to him, and he was of opinion that its passage would not defeat or vary any existing rights under the acts or eb Q As the claim to vote had a tendeney to create uneasiness 1 the minds of the members of the church, and to oxcite dis tensions among Eplacopailanain general, one of the objeot of the bill was to obtain such an interpretation of the char- ter as would effectually extinguish the claim. Now {t is common tor legislative bodies, In novel and special case which have eluded the penetration of tormer legtslators, t ts, in the nature of declaratory acts, to pluck up Ul tion by the roots, that general quiet may be Promoted. Such acts rexemble bi Ie of peace in chancery, By thus showing that the members of the new corporation are not also members ot the corporation of Trinity church wo have puto reat all questions respecting their supposed gut to the corporate property. lembers of every corporation have an interest in its estate while they continue members and no longer. A right to the corporate property is strictly local in tts enjoyment, When- ever @ corporator removes und detties permanently without the precincts of the corporation bis franchine ipso facto ceases, Thus {fan inhabitant of the city of New York quits the city and takes up his residence in the county of West- Chester he relinqufahes bis rights as a member of the city corporation, and he cannot resume them in any other way than by returning and again fixing his residence in the city. ‘These principles being indisputable, prove the utter futility of the claim which the plaintiff makes as to his being a corporator or as to his interest in the estate of the corpora- tion of ‘Trinity church as such corporator. Whoever reads the act for incorporating religious societies and reflects upon {ts provisions, and also upon the treedom of our civil and religions institutions, must be persuaded that the Legisiature intended that every society incorporated under the act should enjoy a separate and independent exist- ence and be wholly governed in its spiritual and tem- jereased population accommodated in passage woud in any poral conce:na by officers of its own choice. The act provides that “the persona qualified to vote at elections for church otlicers shall be male persons of full age, who shail have belonged to the church ‘or congregation tor the last twelve months preceding the election, and who shall have been baptized {n the church, or shail have been received therein either by the rite of con? firmation or by receiving the holy communion, or by pur- chasing or by hiring a pewor seat in the sald church, or by rome other joint act of the parties and of the rector; that the voters on a certain day In every year shall, by a majority of voices, elect two church wardens and eight v and that the church wardens and vestrymen so elected shall have power to call and induct a rector as often as a vacancy happens therein, and to take into their possesion and man- agement all the temporalities Delgnging to auch cbureh oF congregation.” (R. §., vol. til., Pp, Keeping in view the wise intention of the Legislatare, that the act carefully confines the right of voting for chureh oflicers to the persons who sbail_bave honestly belonged to the chureh or congregation for the last twelve months pre- ceding the election, itdoes not require the gift of prophecy to foretell that if te members of distinct corporations or strangers were to possess the right of voting in common for the olticers of this chureh, t would open a door to mischiefa dangerous to all religious societies and hurtful to the growth of genutne religton, For example, two or more sects might, by combining aguinst another reiigious body, and by supe- rior numbera on the day of ciection force thelr own creatures: into office and, thus bronght {nto public life, might appoint a clergyman against tho decided opinions and wishes of the congregation, ‘The same creatores might also manago the temporal affaira of the congregation in @ way destructive of their interests. ‘The next inquiry is, whether the members of the new cor- porations, or a stranger such as this plaintiff, have a right to vote at the elections of the corporation of Trinity church ¥ ‘The foundation for the claim of this right is the single ctr- cumstance that the charter incorporates “all persons 1 Lubiting or to inhabit the city ot New York and in commu mion with the Protestant Cl ch ot England,” ‘There general words of the charter, whem the real mi ing o: the grantor is extracted from them, will be disc not to afford the slightest pretext for the clam of the plain- tm, The rter, like every other grant, must be interpre! with reference to'the actual state of things at the time it beara daie. Looking from this ground we shall see that the State at the date of the charter was a province of Great Bri- tain, and consequently subject to its inwa. The Protestant Episcopal Church was the established Church of the mother ‘country; and the Crown, in {ts generosity to the Eptscopa- Hans in 'the city of New York. naturally sought to place Trinity church on a footing as atrailar to that of the Church of England as local circumstances would permit. ‘the popa- lation of the city at the same period was so {iconsiderable that the whole number of Episcopalians on the fsland was pete ficient to fill the building already erected for public worship. Gn the other hand, the revolution which accomplished the Independence of this country, the rapid Increase of the popu jation of the city, and th p'scopal corporations which have aprang from the parent church, being ont of the reach of human toresizht, could not be provided for. With contidence, then, ft may be asserted that the Epi palians inhabiting the city of New York are n parishioners of the parish of Trinity ehu 48 are members of the new corporatio ne paris! {the parishes attached to them, the legal eflect vii y to dissvlve their connection with the parish church, ef ©} tomed to tax the commun By the disc the same time under the care ol ‘canons of the chureh p shail not be administe ector of one parish parishioners of another, without the license of the of the latter parish, except to travellers, to persons in death or in cases of necessity.” ( Buras’ Kecle- , 67 and 682). The rec ts authorized, under certain cirenmstan refuse the sacrament even to his parishtonera; and, jar, the parishioners should communicate at least thrice ery year. The only legal evidence that the parishioner is a communi- cant is his recelving tue sacrament in the pacish church, by d with the congent of the priest, and the rector cannot take tice of the receipt of the Communion in other parishes. ‘To admit # communicant under any other circumstances would be decmed an offence against ecclesiastical discipline, both in the priest administering, and in the parishioner ceiving the sacrament; and itfs an undeniabie position in law that no right can be derived from the commission of w wrong. Upon these principles it was constantly maintained, before the Revolution, that no persons but those who were received or born in the Church, or communed in Trinity or one of ita chapels were entitled to vote under the charter, ‘he third fection of the act, entitled n act for making such altera- tons ta the charter of the Corporation of Trinity Church as tomake it more conformable to the constitution of the tate,” passed Lith of April, 1784, embraces the same prin- ciples with respect to communicants, by restraining the privilege of voting to snch inhabitants of the city “as shall, In the sald ‘church, partake of the holy, sacrament of the ‘Lord's Supper at least once in every year. Some contend that this 6 on, by using the worda “the Raid church,” refers to the spiri ty of the church, and DI nd hence they argue pal Church are qualt- rt of the von, with arch, #8 ths plaintifl 1 the sacrament in Episcopal churches, are not of ended by the charter. ne of the English Church no person ean, at , be aregnlar communicant in separate par- ‘reat and incependent rectors, hat the *sacra- nd who are uni form not to the building of ‘Trinity that nmanteante in any other Jp! assist our search aftor the true words rch,” if we take the entire preamble, into consideration and procee eta for which It seeks to provide. nind the title of the act just quoted it is worthy thatatter deciaring the manner of fnducting the egcribed by the charter, to be incon and spirit of the consutution, the act s Of Induction, by vesting’ the church wardena n of the corporation with “full power to induct ne said church as often as there shall bea va- cancy. ‘Here the term church leaves no room for inference. By ing itto Trinity Church we torture it into a sense deieat the very exercise of the power to induct a not ref comes the fol al section, with its preamble, which dejines the qualifications of the perzons who were thercalter to be considered as members of the corporatior And whereas dowbts have arisen on those parts of the suid char- ter and law brat above mentioned, which speaks of inhabit ants in communion of the raid urch of England, for re- moval whereof, be it further enacted, by the authority afore- said, that all persons professing themselves members of tho Episcopal Church, who shail either hold, oceupy or enjoy a ew OF at in the said choreb, and shall Fegniarly pay to the support of the "said churel aud such others as shall in the said “chureh pat take of the Holy Communion of the Lord’s Supper at ieast once In every year, being inbabrants of the city and county of New York, ‘shall be entitied to all the rights, privileges, benetits and emoluments which, in and by the said charter and law first abovementioned, are designed to be xecured to the inabitante of the city of New York in communion of the burch of Kngland.”” Tt is aaked, then, whether the word church in the section cited means @ building dedicated to Divine service, or whether, applying the question more directiy to tue case in band, we are to tinderstand by the word the bulluing of Trin y Charch. Wg expounding a statute we are to presume that the legis lator used words in their most usual signification; that ae had the subj in mind; that all his ex- pressions were directed to a reasonavie end; that his train Of thought was uniform, and that be intended to infuse Into every part of the statute the same spirit. By the belp of these rules the meacing of the word church will he easily removed, In the first clanse of the section before us the legisiator declares that those inhabitants of the city shall be memie of the corporasion of Trinity Church “who shall hoid, oc- cupy oF eajoy & pew or seat in the said church.” Ties Words cannot possibiy be satisied otherwise than by interpreting the word church, according to tts common ation, somead ® building dedicated to the service of Gi Tho legislator speaks in the act at large ot many of tho in- habitants of the city ax members of the corporation of Trinity, cli, of the induction of # rector, and ot the necessity of altering the charier so a& to make it conformabie to the constitution of tae State. Indeed, the whole subject which ages his mind appears to be that corporation and its Ik would, therefore, be a very unnatural expos!- ¢ section to apply the word chiirch to any buiding except the one belonging to the corporatio: arch, and the more 80 as Trinity Chure declar nbers of the corporation as sbali, in the said church, partake of the Holy Sacrament of the Lord’s Supper atleast ouce in évery year, being inhabitants of the city of New Yor! As this clause expressly enjoins it upon the communicants to take toe Sacrament ia the said church, we must, out of decency, admit that a buildiag in which tho Sacrament woieht be administered way in, the lemualasor’g are, of ole we 1870.—TRIPLE SHEET, THE ANNEKE JANS ESTATT, tnuat attribute to him » waut of duo reverence for that mont ay ordinance. by b cannot reasonably be doubted that the building here also meant by the fogisiatce waa Privity churoh, t r in talog Se conpeaene of corporatore the lajialutor i ex lent ern, je and soats in Trini oh and this churek ia the ist antonedomt to thas o ‘h the communivante are to partake of the Sacra ment, Why, therefore, should wo Imagine th: lator in one clause meant to make the holdi ar seat tn Trinity ebureh an jndispe: of mombership, and that in the clause was his intention to allow. the commu churches to be members? of mind Would not this Halator to th thore not as truly be wll violating the aettied ainel- raatice of the Churei ing of the requires th t# oF the city to communicaté—T mean honeat and p communication or to bold pews or seata in Tvinky church, in order to qualify them to be members ef Its corporat! If, i fact, the rection atood alone, and doubts arose ae bo trie meaning, they would Inatantly be dispelled by constru- Jog the agction in connection with tho tile wid other parts of the act. The express purposes of the act are to relieve and benent Trinity church; aud wherevar curd, without designation or opithet, It w ‘Trinity church alone 19 contemplated’ by the lezialat Admitting the premises to be true and the reason them to be just, we shall be authorized to conc that thie plainti? had no vested rights in the corporation o€ Triully | chureh, and, of course, that the right of ‘elcction eanaut be ah J or impatred by the limitation proyided by the bill," veins plaintt . ‘Tats plaintiff is not & parishioner of the pari o Trinity hth bi ¥ af 2. He Is not a communicant in that church. 3. Hoe does not hold a pew or weat In that church or contrt- butte to its nupport the days of Henry VILL. the gift of ail the clergy tn lish Church to thelr Livings, or rather the git of the > the clergy, Was vesied in the crown, Thuis wan owever, {or the crown always allowed the bishops of the different dioceses to oxeretse the right of granting liv~ ings. (There are exceptions to this ru 2 private parties have the gift of livings.) In the cl granted to Vrinity chureh by the crown tn’ 169%§( ), the right we rector in the church in the city of New York was ne ferred by natd chal on the Bishop of Loudon, first, ‘ter his decease the power of appointing and tnstalliug, ir was to be don other rectors and parsons were op pointed in said Engtish The vestry had the right, howev wo levy andl assene the Ghureh of wid church. In ord a more to the libe to be byt ong other improve was, by colonial act o 1704, and approved by the Crowa through the ernor, Lord Cornbury (Yan Schaack's Laws, vested in the church wardens and veatryme: was the firat {mprovement in the charter of the chure word ehureh oo: Invabitants im aupport and ters in ehni begin: Inte a The next {improvement we find was that conferred in the 36th rection of the constitution uf this State. formed tn 1777, which section confirms ail the grants tori Crown to the church before 1 find appended by law to contained tn the uct of 1734, ny BH roy ch wa n by the among other things, that all ppork pf the church, or hold same, or who shall partak nent once In each year, shalt be enlitled to all the benelits and emoiumenis of the church, This act also appointed a new act of church hands and vestrymen (lat Junes & Varick’s Laws, page 1:8). This act annuiled all parts of the charter of Trinity ehureh which was inconsistent with the new constitution of this State. ‘The last act above referred to was by many thonght to deprive Trinity church of ite name ant title, formerly given {t by the Colonial Legislature. A law was accordingly passed ti by the Legislature of this State (2 vol. Jones & 347), conurming thelr old name, or nearly ao. them to take the corporate name of tne Rector and Inhabitants of the city of New York ja come munion of the Protestant Eptscopal Church in the State of New York;" and finally, ou January 25, sid, an act was Pasved which declared, auiong other things, section two s— “And be it further enacted, that all maie persona of fall age, who, for the apace of one year preceding any election, shall have been members of” the congregation of Trinity church aforesaid, or of any, of the chapois belonging to the same, and forming part of the same religious corporation, and Who shall hold, occupy or enjoy « pew or seat in Trinity church, or in any of the said chapels, or Lave partaken of 9 ere % JANS ESTATE, THR ANNER, aed uilles simply 4 meeting of the Churches. The word aynow @ Walker's Dictionary, alee fow adjoining proabyterion. vol. 13, page 553.) Appieton's American Cyel ng les to amend, This at the plaints no- r mot becanae Lam wild, v1 and a a 4 andl ik I wild be doing as a0, to hime tn dismiasin, tom. the complaint allowances, f tl jneation of costs ani portion, #o that thowe other person or least & probable cause and If they have not, and atill persist In notor kind, they Will be compelled at lewst 0 pay for such I SINATION OF TWO AMERICAN CITIZENS IN HONDURAS. ‘The following letter trom the United States Minister to Salvador gives the details of the assassination of two American citizens in the Republic of Honduras. The murdered gentlemen wel ntiats, residing at Ceres, In Alleghany county, N. Y. They had gone to Central America to practice their profession, and Were doing well, {t is to be hoped thas our govern- ment will (ake prompt measures to have the assassins Punishe The lives of foreigners are held at two cheap arate by the majority of the citizens of the Spanish American Republics, aud it is time they were taught as vere lesson, and now there is @ Mt Ung opportunist UNiTeD Staves Lagarros SAN SALVADOR, Nov. 1, 1 0.4 Mrs. Dr, 'T. ©. Lapyanp, Ceres, N. Y.2~ DEAR MADAM--IL 18 a painiul duty t have to pers 1 apprising you of the death of your husband, Ledyard. He and Mr. Robert: Newton Bell n travelling through the staves of Honduras and Salvador, practising their profession (dentisuryy. Barly in October they started from Sachiioco, “um Salvador, to wo to Santa Kosa, in Hon turas, Sedor Don Juan Bosque, of Sachitoto, had let them lave two of his mules (o go as far as Santa Kosa, and the gentlemen had engaged as a servant a inan by the name of Bartolo Gulves to go to Santa Kosa with them and bring the mules baek to Senor bosque. ‘This man, Gaives, had previously veon a ser vant of Sener Bosque for tive or six years and he had every confidence tm hin. ” Well, 4U mppears that ‘after they bad entered the State of Honduras this man, Galves, procured the assistance of another man ‘to assassinate the two gentlemen, and this horrible erne they put into ex ition On or About the loth of October last, near own of Sensenti, iu te State of Honduras They Were evidently inurdered for the gold which they haa with them, which ft @ was betweea two and three thonsand dollars, ‘Their bodies were found and buried, 1 have heard invireetiy that their baggage has been sent to Santa Kosa, in’ Honduras, In thelr baggage there was found $125, three small diamonds and seventeen opals, The accomplice from Honduras has be rested ant is now in Seusenti, and has confessed tat | hired by the mah Galyes to assist In the assausini: on, —Galves @ to Suchiloto with the mules andr to Senor Bosque that the gentlemen had arrived at Santa Rosa all right. The Judge of Sensenti reported the case to the Judge of hitoto and asked to have Galves arrested, The last named judge seut to the Aicalde of Guyabal, a small town near Sachitoto, where Galves lived, bat the Alcalde replied that there wag no such man there. [have requested the government of salvador to use all their exeruens to have Galves arrested and brought te trial, ‘Lhe act the Holy Commitnion therein wituin the sald year, and no other persons, shall be entitled to vote at the annual election for the churchwardens and vestrymen of the said. corpora: tion.” Now, all. the several acts and amendments which I bave referred to wera pasted in order to mould — the institutions of the — church—Trinity church and others—to sult the changed condition of the gov ernment and to accord with the rapid improvement and _pro- gress of the age, And Thold ag a principle that although the Leginiature has ever been intiexible in its resolusion to preserve the {nviolability of private property, yet it pas at {mes exercised its discretion sn moulding the vlective tran- chise of corporations into new shapes, the better to adapt it to the changes occasioned by the freedom of our govern- ment and the progress of society; the ona being considered ‘fs a subject too sacred to be touched, and the other as a sub- ject ft. to be carefully bandied. To regard to the allegation contained in the sixteenth para- graph of the complaint, 1t is alleged * That the trust ca.ate pasion of suid defer and their assoct ves * The Rector, -wardens, ta the ¢ New York, in said city, anciently described as * thi Garden,’ and nt made by Woater V: Jantsand Koeloil Jansen her first hus! aid grant consisting of sixty-two act xtnorth of said turm and gar ‘hristopher street, and between Hudson rt ay, on the west and east, in said elty; also th nite nnd edifice, ws described In sald original chartera of 1687 and 1704.1" ‘rrinit; and set out 4s a part of this compl that their title to said lands aad property seems mo disputabie, A brief glance at the muniments of tite tn this pleading, and which vest sald property in the chu iauat convince at once the greatest aceptic of thi fac The Dutch West India Comvany was founded in 1621, and in 1623 they procured from the Dutch govern? ment a grant, among other things, of all the lands siinate on the jaland of Manbattan—now the city and county of New York—and about the same time they formally took possession of their property, and then and there extab- lished a settlement or town. [t was cailed New Anwterdam. After planting such settlement (1626) they purchased tie entire island from the Indians (a tribe cailed the Mannhat- toes) for the sum of 24. In 1864 the Engiish forces under Colone! Nicolls captured the settlement and all things apper- taining thereto, together with the entire Dutch country Uvew Netherianda) in'America, trom the Dutch, and held it tor several years, The English renamed New Amsterdam, and alled it the elty of New York, after the Duke of York, King Charlea the Second’s first other. In 1673 the Dutch recaptu the island from the English, and held ft afew months, and finally, in 1674, when Hol- land and England made peace with each other, the entire island, together with all other possess this continent, wa ied tothe English er Dutch recaptured the eity of New York, in 1673, they ren. the town and calied it the city of Ora and durin short time which they retained ft in th ished what they called jon, conformable to the 8 ny Other kind of faith th tary History of the State o . (See first vo jew York, by Dr. O'Uallaghan, first minister of the by the Duteh We tain lauds und te be, hich he preached was within the precinets then stood on the ext point of the land, where the Battery now english took ion, In Ws, Governor An the Jhurch, known as “the Chare! nd in Ameri and the brat service was beld in tue within the fort, in which the Dutch service bad formerly been held. ‘The English government did not, aa the Duteh bad formeriy. done, prohibit any other form of religt but their own; they allowed all the inhabitants. to ‘enjoy thelr own forin of faith. The Epi sopalians continued to worship in the old fort for some years, until Governor Fletcher, the Captain General of the province in 1697, pro- curet for them the charter now known as the Charter of ‘Trinity church, and also a grant, with the charter, of land running from Broadway to the Hudson river, being (he same lands upon whieh Trinity church and its graveyard attached now stand. Thir was the lirst grant to the church. The next graot,f find, was that in the reign of Queen Anne, ‘Thia was # grant, in 1705, to the Corporation of Trinity church, by deed ‘patent ‘from Lord Cornbury, the then Governor of the province, It consisted of m’ tract of land called the Queen'aor King's Farm, lying on the west side of Manhattan Island, extending from where St. Paul's church now stands to Skinner's road, now Christopher street, and from Broadway to North river. The property in described in the grant as follows:—‘All those our several closes, pieces and parcels of lund, meadows and pastures, formerly Called the Duke's farm and the King's farm, nuw. known by the name of the Queen's tarm, with all, ac, &c., &c., * * © bounded on the east partly by tue Broadway, parily by the Common and partly b; Hudson's ground the the bwamp, and on the west by river; and also all that piece or parcel situate and bein, on the south churehyard of Trinity church, ato ply called and known WA the name of the Garden (this waa called the Dutch Domie’s Bowe- 4 to the sald Broadway on the east and exten Yinark upon Hudson river on the west % Bradford's map, mace 1724, now In possession of ot of ) Some dispute arose by some New York sbout the grant of 17 valid, nod a suit was brought and purpose of ending ail htixution an the entire grant, in 1714, was ay through Lord Bolingbroke. (See 834, Secretary of State's off f the then inhabitants of ying that it was not } bat, for the nig about bout which there 1 n pretend! na are lutd, none of Which, as far aa L have seen, have the siightent resemblance to legal fairness. When the crown made these several grants to the Church, it was in the fuli possession and enjoyment of ail the pro- perty Ko granted, and through ite governors and ollicers of law it gave the like possession of ali said property to the corporation of Trinity Coureh, which property haa been thus fawrully in their possession until this Lour, except such as the chureh corporation has secu fit to dispose of. These plants lave all bees contirmed, since the Revolution, by the gitiature of the State of New York, to the corporation of Trinity Church. A debt fa by the wise policy of the Inw outlawed and ir- Fecoverable unless it hag been acknowledged by the debtors within ix year# before suit is commences. Twenty years’ possession, with claim of rightful ownership of land (which the law bas always considered the moat sacred of all pra- perty) it @ bar to all recovery by another, let his claim be otherwise ever ao just and equitable, Now the fact of this corporation being in the lawful and just possession of this property for over 160 years, taken together, with the law I rave just lait down, should satisfy the most tnreasonable miad that the pretended claim set up fn the sixteenth para- raph of thls complaint is of the most wbsurd Kind. Abont this Synod of Dort, absurdly called inthis complaint he Ecumenical Council Or Dort,” I regret that [am cun- strained in any way to refer to the subject, but as the mater has been referred to io the plaintil's pleadings, and hua Deco made the basis of a count in said complaint, | thiuk some explanation is required as to what this meeting at Dort, anciently calied Dorschire, was. Tt is a universally admitted historical truvh tha: the Church of England hoids the Cutholte faith to pe necessary, Lt does not in any one of its articles of faith use the word Protestant oF cnil ftaeil in the title the Protestant Church. On the contrary, 1 calle itself the Church of England’ as by Inw estabiisted, | and’ it ackuow.edgea but one bavism for the. renisslon of sink; and in its twentieth articie it reéogaizes the authors ty of the Church (lenglian Church) in matters of faith. Lu ther, we all know, is esteemed by Protestant d Most asa saint, but he is not recognized in th the saintsef the English Church, ag are St, Pete ment, St. Bonifi Now these holy ¢: Dork, who were, as the compiaine alloy ‘or doctrines which this raph of his complaint, clainws 10, in the sembly of men at Dort, ridfewously called in thi 2 ecumenical Council of Dort'!—it {notorious hild tn history that it was not a coun mere gathering of men, a Synod of the Duy tharch and some delegates {rom Scotian some triving and miserable «isp Armentans, Gomarlats, and the like. dcerees eats were never recognized by the Us Charel d, the English people knew nothing whatever of the Synod until it was over; and when its pro- ceccings were bronght to their knowie. one or two ut mes L.'s bishops, who bappaned to be ueur the city where synod was beld, the doctrines latd down by that Coun- cil were quite repudiated both by king ana bisuops. Keunenie, universal—koumeotcal Council means ® ani- versal council, acouncl of all, not of a part, and ts only | appited to the counelis of the Gathollc Church} whereas the Synod of Dort, which the plaintill improperly calis the “sous lis having been committed tn Honduras, and what ef- Jeots there are lett being there, the United States Minister, Mr. Henry Baxtor, who lives tn Tegaclgol- pa, Will investigate the matter. Ib will be well for you to communicate with him on the subject, and I Shali do the same, giving mim such particulars as L have, J enclose th letters of yours to your huse band. Lsincerely sympathize with you tn this sad att and I hope you will command my services ave a {your pleasure, Yours truly, al ALFRED 'T. A. TORBERT, United States Minister, THE ECLIPSE OF THE SUN Té@-NORROW, [From the Boston. ‘Travelle The eclipse of the sun of ‘Thursday, December 22, 18%, is the second return of the eclipse of Novem= ber 30, 1834, when the shadow of the toon passed from Alaska to Kansas and thence over Arkansas, Mississippi, Alabatua, Georgia and South Carolina, ta near the Bermuda Isiand:, and cansed ty part ofeach of these States a total pse, Which was well ob- served; a Milledgeville, Ga, by the late M. Nicollet, aneminent French astronomer, and at Beaulort, 3. C., by the writer of this notice, Ab Beaufort the ecilpse was central, and the duration of tovality 2 Min, 49.0 #ee., but was quite twe minutes, Where Kansas, at noon. At both the beautiful co- n, a unexpectedly, the star hat day Mm conjunction with the stn, andy distant only by its jatitude 44 deg.; bub there was not tien, or, a8 We think, in the magnifi- cent total eclipse In Boston on June 6, 1896, the slightest trace or mdication of the rosy or pink faines, 80 Conspicuous and Which attracted so much atiention in the second and third returns of the latter, in Italy and spain, in July, 1442 and 1860, or Dec. 19.) the eclipse was ceniral in p the above mention rona was readily se Antare: therefore in the eciipses in Sweden in July, 1851, i India im August, isés, and ia lowa, &e., in August, 1869, With the great aid of the recently adopted instra- ment, the spectroscope, astronomers have dev mined these rosy Hames’ to be tucandescent hydro- gen, Dub as We nature or the location of the beautiful corona, is stl! great doubt and diver= sity of opinion, doubt the large number of savas HOW siailoned wong thy Medi- terranean hope to i pbs: vations on the total e hursday next, winet are fully prepured lo make in the inost care‘uh ner. A small part of this eclipse may be seen in New- foundland, bat not in the United States, ‘The centre of the shadow will first touch tl rik at sunrise— 46 hours 60 min. A. M. (Boston mean tine); in the Atlantic Ocean in lat. 66 deg. N., long. 44deg. W.s 1t thence passes over the southern parc of Poriugal and Spain, the northern part of tae Province of Al- ast part ot Sicily, Turkey, near Adrt- nopie to the eastern Coast of Whe Black Séa, where ib will leave the earth at § Kours 46 min, A, M. (Boston iiean Lime); ab sunset, In lai. 48 deg. N., lon. 41 de; and at 7 hours $4 min. 41 sec., Al M. (Bos an tine), the eclipse will be tral at noon of the place ta lat, 36 deg. 245¢ min. N., lon. 6 deg. 1min, W., or about 24 nin. N, EB. of Gibraltar, ‘The least north latitude of the central path wiil bo 36 deg. 24min. inion, 8 deg. 45 min, £., in Algiers. ‘Chis will be total at Lagos, St. Luoar, Gibraltar, Xerez, Malaga, Oran (in Algiers), Syracuse ik and Adriauople, bur not total 1a Lisbon, Seville, Algiers, Palermo or Constantinopie. At St. Lucar, Xero and Oran it will be, by @ rigorous computation from the best tabies, alinost exactly central, and the duration of totality will be 2 Min. 9.8 sec,, 2m. 9.9 Sec. and 2 Min. 10,7 sec. (long~ est; at Gibraltar ight (24 miles south of the central path) the length of tetality will be 1 min, 541 8 at Cadiz (13 miies south), 2 min, 5.5 sec. Syracuse light (12 miles south), 1 min, 45.0 at Adrianople (19 miles north), Linn. 11.9 the widih of t + anu @ shadow in Spain will be about 85 miles. At Si. Lucar the eclipse will begin (local mes) at 10 hours 24 min, 0. «Mey and its duration 2howrs 54 tin. 37.1 sec.; at Cadiz ALM; Gib- 9 sec, Oran Le se 0 hol 87 un, 387 2.5 raltar 10 hours 29 min. 4 hours 57 miu. 55.8 sec.; Syrac P.M, and af Adrianopie atl hour, 43° min. P. M.. and the duration at Oran, where longest hours 56 min. ¥.9 Sec., Will be but 2 hours 20 27.6 bec. ab Adrianople. ‘Tue echpse of next Thursday will, we believe, be the last one v annual total, in the west of Europe during the remainder of the nincteenti ceu- tury. In isil there Will be an anuular echpse om June 18, and a very flue total one (ongest duration of totatiiy 4 min. 22 sec.) on Decemver 12, both of which Wil be central, the latter near noon, un Nortuwestern Austra iia, in lit. 12 deg. 54 min. S., Jong. 124 deg. id min. E., or two central eclipses ab the same place in less than stx mouths, the least ume in which the phenomenon couid possibly oceur, and only a thira of the tb time tm which 1 le A within gur recoilechon, This ts Indeed most remarkabie. MARRIAGE OF A NEW YoRBER TO ONE OF THE ROYAL FAMILY OF SVAIN.—We learn by tle last European mail that Mr. Charies Alien Perkins, As- sistaut Secretary of the American Legation at Lis- bon, Portugal, who formerly resided in Cais Cliy, Wass married on the izth of November, at Lisbon, to Princess Dona Maria tsabel Francisco de Bouroon y Bourbon, daughter of her Royal fighness the lafanta of Spain, The ceremony took place at the St. Louis des Francais Koman Catholic churea, Father Met offictating. Afterwa the Legation of te United States, the chaplain of the United States steamship Franklin perioruied the Moy over again, as the bridegroom 1s a Protestant. The bride is a niece of the queen Dons Isabel TL and the ex-King Don France cu dé Asels oi Spain. Many dis~ tinguisied American oflicers and the aristocracy of Lisbou were present at the ¢ A grand van- quet wound up tue wilat vesste Press. Dee, Wo Wet Dera PERSONAL NOTES. Ohio dowkte baby lias got the One end of croup. u signifies be slinpl, "3 Dame tn Ital in his case wo littie leg.”? & personal e sugge gests Fred Douglass for Mayor HiAZtON, LOW Lat he proposes lo take Up us @ Were. Sultan has decorated with the Turkish order of murit George Mounuiord, ef Boston, formerly United States Consul ac Cana, Young Mr. Gateh, ont West, has proved himselt a man of Spirit 18 objected to by the father of @ lady, and tn revenge burned his barn. _ Miss Add iler, of Washington, Mich., has sued her brother ~ Ll, Wicker, for ‘breach of promise tu marry, estimating ler anguish at $10,000. e and family have returned to German r the season. Mr. Cooke will sail for Europe early in the spring. to took aiter the interest of iit branch bank, about to be estavlisued iu London. Mr, and Mrs. Sanson Rave filed cross bils for di- vorce in Chicago. fied tact she poured @ pantul of boi er his nead and the scraped the halr off pau, he submitting t¢ menical Council: of Dort” was simply & meeting of a few of the oysubyteries of the Presuvterian and Koformed Jutch, see how iar she wo Me DoW inka sie went.tao far.