On the 6th of April, 1784, an act was passed by the Legislature, "to enable all the religious denominations of this State to appoint Trustees; who shall be a body corporate for the purpose of taking care of the temporalities of their respective Congregations, and for other purposes therein mentioned."

By the Act every church assembled together at the place, where they statedly attend for Divine worship, is empowered by a plurality of voices to elect not less than three, nor more than nine, discreet, and prudent persons, as trustees, to take charge of the estate, and property, belonging to them respectively, and to transact all affairs, relating to their temporalities. In this meeting every male person of full age, who has been considered as belonging to the body assembled, is authorized to vote.

The names of the persons elected, are by the persons constituted the returning officers for this purpose, to be certified; and the certificate proved, and acknowledged, before the Chancellor, one of the Judges of the Supreme Court, or any one of the Judg es of the Court of Common Pleas, of the County. The certificate is to be recorded by the Clerk of the County in a book, kept for that purpose; and is to contain the style, name, or title, by which the trustees are to be known as a body corporate.

The trustees thus constituted may receive, purchase, and hold, property for the use of the church, congregation, or society, to the amount of $3000, annual income; and are invested with all the powers necessary for the due management of it. They arc empowered to have a common seal, to regulate pew-rents and perquisites, and all other matters belonging to the temporal concerns and revenues of such societies. Their succession is to be kept up in this manner. They are divided into three classes, one of which goes out annually: and their place is to be supplied, annually, by a new election.

The Ministers' salary is to be fixed by a vote of the majority of the electors, but confirmed, and paid, by the Trustees.

After the first election, no person can be an elector, who has not been a stated attendant on Divine worship in the society, and contributed to its support according to its usages.

Every such body of Trustees is required to exhibit, upon oath, between the first of January, and the first of April, once in three years, an account, and inventory, of the real and personal property, belonging to the Society, for which they act, to the Chancellor, one of the Judges of the Supreme Court, or any of the Judg. es of the Court of Common Pleas, in the County where the Society is situated; and in case of failure they thenceforth cease to be a body corporate.

Some small alterations were afterwards made in the provisions of this Act, in compliance with a request from the Dutch churches in this State; by which the Ministers, elders, and deacons, of the several Dutch churches were constituted their Trustees.

Afterwards the Corporation of Trinity Church in New-York was empowered to take, and use, the name of "the Rector and inhabitants of the City of New-York in communion with the Protestant Episcopal Church of the State of New-York."

Concerning the provisions of this law it is to be observed, that for a vast proportion of the Congregations in this State it proposes no kind of benefit whatever: viz. such, as have no common property. This, it is presumed, is now, and probably will for a long period to come, be the fact with respect to nineteen twentieths of the whole: exclusively of the buildings, in which they assemble for public worship. Without a Minister such buildings are of little value; and the law, the only one concerning the subject, does not enable the Congregation to provide any means for the support of a Minister. This is left, as the Legislature found it, to mere, voluntary contribution. Where a Congregation is very large, and the burden of consequence very light, the object may be accomplished without much difficulty. Where this is not the case, Ministers may indeed be settled, and for a time supported. But as every man knows, that he can lay down this burden whenever he pleases, multitudes will for this very reason lay it down. When the power is possessed, it will be exercised; and pretences will never be wanting to justify the excercise. At the best, the Minister will hold his living on a tenour absolutely precarious; and this, of itself, will discourage men, qualified for the

office, from entering into it. The people, therefore may be left for religious instruction to men, utterly unqualified; to men destitute of the knowledge, without which it is impossible, that they should teach; and who thrust themselves into the pulpit, merely because they are too lazy to work. No greater calamity can befal a people than this, if we suppose them in a state of health, and peace, except being saddled with a corrupt Ministry.

But this is not all. If the Trustees fail to make the triennial exhibition, specified, of the property belonging to the Congregation, they cease to be a corporate body; and the affairs of the Congregation are set afloat. Should the Trustees, or the individual member of their board, to whom the business of making this exhibition is delegated, choose to throw the affairs of the Congregation into confusion, he has nothing further to do, than barely to omit this duty till the second of April in the given year. For such an omission how many plausible justifications may be pleaded. Some years ago. the Congregation of East-Ballstown was broken up in this very manner: and the Minister, to whom they were strongly attached, was dismissed, merely in consequence of the confusion, occasioned by the measure.

No penalty is provided in the law to punish negligence. The loss of their corporate powers may, and in many cases will, gratify the trustees, instead mortifying them.

From these observations you will easily discern how uncertain the tenour is, by which Ministers hold their places of settlement throughout a large part of this State. Accordingly, a considerable number of them have been actually dismissed; and such of them, as have had it in their power, have in many instances returned to New-England. It is to be hoped, that the inhabitants of New-York will, ere long, adopt wiser and better measures for the purpose of establishing among themselves, and providing for their children, a regular continuance of the public worship of God.

The Dutch Congregations are to be regarded as a general exception to these remarks. This sober stedfast people, deriving fheir birth from the United Netherlands, where the wisest plan

for supporting the Ministry of the Gospel, which the world has ever known, had been long adopted, came to America with fixed habits concerning this subject; and have hitherto retained them. They pay the salary, which they have once engaged, so long as the Minister lives; whether he be able, or unable, to officiate. In this honourable conduct, it is believed, they stand alone; and exhibit an example, worthy of being followed by those of every other religious denomination. I am, Sir, yours, &c.

LETTER II.

Constitution of the State-Legislature--Electors-Executive-Courts-Council of Appointment and Supreme Court of Errors so constituted as to affect the State in a manner unfortunate and mischievous.

Dear Sir,

THE Constitution of the State of New-York consists of forty-two articles; most of them differing little from those found in other American instruments of the same nature.

The Legislature is formed of a Senate and House of Assembly the former consisting, originally, of twenty-four, and the latter of at least seventy members. The Senate can never consist of more than one hundred; nor the Assembly of more than three hundred. The powers, and privileges, of these two bodies are much the same as in the other States. Neither House can adjourn for more than two days without the consent of the other.

Every male inhabitant of full age, resident in the State six months before the day of election, if a freeholder possessing a freehold to the value of twenty pounds within the County, or having rented a tenement therein of the yearly value of forty shillings, and having been rated, and actually paid taxes, to the State, is entitled to vote for the Representatives of the County in Assembly.

Electors of Senators must possess freeholds to the value of one hundred pounds. By these the Governour, also is elected.

The Governour continues in office three years; and is invested with the usual powers attached to the gubernatorial chair. The Governour, Chancellor, and Judges of the Supreme Court, or any two of them together with the Governour, are constituted a Council, to revise all Bills, about to be passed into Laws by the Legislature; and for that purpose always assemble, whenever the Legislature is convened. All Bills, which have passed the Senate and Assembly, are presented to them for examination. If they judge it improper, that a Bill should pass, they return it with their objections in writing, to the Senate or the Assembly; VOL. III.

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