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Documents, &c.

No. 1.


New-Brighton, 28th June, 1850.

Dear Sir,

We, the subscribers, residents of this village, being, with others, our friends and neighbours, desirous of uniting in forming a congregation for public worship, in accordance with the forms and usages of the Protestant Episcopal Church in the United States; being wholly unconnected with any organized church or congregation, excepting your own, on this Island; and being in many cases deprived of the privileges of public worship in consequence of the distance of our residences from the churches already located within the limits of St. Andrew's parish, do hereby respectfully solicit your consent and concurrence in the accomplishment of our desires.

And whereas we consider it not only proper, that all things should be done "decently and in order," but that, as being the oldest rector in the diocese, and from your personal acquaintance amongst us, eminently qualified to judge of the extent of our spiritual wants, it is of the highest importance that we should be favoured with your kind support and countenance, we respectfully and affectionately request that you will so far aid us in our arduous and solemn undertaking, as to consent to officiate and preach the first sermon for us, on Sunday next, the 1st July, in the large room in the Belmont House, which has been fitted up as a temporary place of worship, pending the erection of our new church, for which a suitable site, and the necessary funds, in cash, are already provided.

With sentiments of sincere regard and esteem, we remain,

Dear Sir, your friends' and obedient servants.

(Signed by eighteen heads of families.)

The Rev. Dr. David Moore, Rector of St. Andrew's Parish Richmond, S.I.

No. 2.


I do hereby certify, that the village of New-Brighton is, and always has been, within the limits of the parish of St. Andrew's Church, Richmond, as defined by royal charter.

I further certify, that, as Rector of the said parish, I approved of the organization of Christ Church, New-Brighton; that I officiated at the opening of the temporary place of worship; and that I gave the notice required by law, in the time of morning service, On two consecutive Sundays, Of the intended election of churchwardens and vestrymen.

And I further certify, that the Rev. Pierre P. Irving had my express permission as Rector aforesaid, to officiate at New-Brighton, either by preaching, reading prayers, or otherwise, previous to the organization of a church--of which permission, however, he did not avail himself.

Given under my hand, this 18th day Of September, 2849.

Rector of St. Andrew's Church,
Staten Island, New-York

No. 3.


To the Standing Committee of the Protestant Episcopal Church of the Diocese of New-York:

The undersigned, wardens and vestrymen of St. Paul's Church, Castleton, respectfully represent to your honourable body, that they object to the admission of the new Episcopal Church at New-Brighton (which Church or parish is situated within the limits of St. Paul's Church, Castleton) into the Convention of the Diocese, and to any [4/5] recognition of the same as a duly organized or legal parish; and that, in case any application be made for such admission or recognition, they ask for liberty to present their objections at length, through the medium of their Rector, who is now absent.

Dated September 12, 1849.

Signed by the Wardens and Vestrymen.

A letter was subsequently received from the Rev. G. Winslow, ratifying and adopting this remonstrance.

Murray Hoffman.

No. 4.


To the Standing Committee of the Diocese of New-York:

The Memorial of the Rector, Churchwardens and Vestrymen of Christ Church, New-Brighton,


That in the month of July last past, a congregation in communion with the Protestant Episcopal Church was formed in the village of New-Brighton, under the pastoral charge of the Rev. Dr. David Moore, a qualified minister of this Church.

That whilst under the pastoral charge of the Rev. Dr. Moore as aforesaid, by his advice and authority, and with his concurrence, they proceeded to incorporate themselves under the general law of this State, and in conformity with the rules and regulations of the Church, as adopted and set forth by the Convention of 1S27, and confirmed and continued by all subsequent conventions.

That having complied with all the requirements of the law, the duly elected Churchwardens and Vestrymen, in [5/6] the exercise of the power conferred upon them by the Act, proceeded to choose a Rector, of whose election they duly notified the Standing Committee, as required by canon 30 of the General Convention.

That following up their canonical course, the Vestry subsequently applied to the Standing Committee for the certificate of approval of the incorporation of their Church required by canon 4, as a condition to its union with the Convention of this Diocese.

That the Standing Committee passed a resolution, refusing to allow the said certificate of approval, in the following terms:

"Resolved, That the Standing Committee cannot, with due observance of the laws and canons of the Church, approve of the act of incorporation of Christ Church, New-Brighton, without the consent of the Rector of St. Paul's Church, Castleton^ to the organization of the same."

That your memorialists have been informed and believe, that this resolution was passed under the influence of erroneous impressions, as to the facts and law of the case, mainly produced by evidence laid before the Standing Committee on behalf of the Rector of St. Paul's Church aforesaid, the material allegations of which they aver to be wholly untrue; which averment your memorialists pledge themselves, to substantiate by incontestable and unimpeachable evidence, to the entire satisfaction of the Standing Committee, on an opportunity being afforded them of doing so.

That your memorialists are in possession of new and important facts and arguments, not heretofore submitted to the Standing Committee, which they are advised by counsel learned in the law and canons of the church will, on a reconsideration of the case, be held to authorize and re-quire, that the resolution herein before recited, be rescinded.

[7] And your memorialists, the Churchwardens of Christ Church, New-Brighton, aforesaid, do respectfully show--

That on Saturday, the 22d day of September last past, they received a communication, of which the following is a copy:

To the Wardens and Vestrymen of Christ Church, New-Brighton:


I am instructed by a sub-committee of the Standing Committee of New-York, to inform you of our appointment, and to state that, if so disposed, and the time is not too short, we should be happy to receive a written statement of facts and arguments bearing upon the application for the approval of your incorporation. From absences and unavoidable circumstances, there was no meeting of the Standing Committee after the reception of your application, until Thursday evening last. A remonstrance having been transmitted against the approval, we, of course, desire to hear the parties' views; but, unless this can be done on Monday, we cannot act and report in time for the approaching Convention. Be pleased to understand, that we do not wish to precipitate a hearing, but leave it entirely to yourselves to say, whether we shall judge of the case from the documents and records now before us, or shall receive such a statement as suggested, or postpone the matter for a more deliberate hearing. A similar letter to the present has been addressed to the Wardens and Vestrymen of St. Paul's Church, Castleton, from which body the remonstrance comes. It may aid your determination to state, that we think the only question within our province to decide is, the legal and canonical one of intrusion or non-intrusion into the parish of which the Rev. Mr. Winslow is Rector. In other words, what is his parish?

Very resp'y,

Y'r ob't s't,

(Signed,) Murray Hoffman,

78 Nassau-street.

[8] That as there was not time either to call the Vestry together, or to prepare a statement of facts and arguments as suggested, before the meeting of the Convention, your memorialists, the Churchwardens aforesaid, relying on the advice of counsel, as hereinafter set forth, and feeling assured that the approval of the Standing Committee would be granted as a matter of course, assumed the responsibility of replying to the said communication, as follows:--

New-Brighton, 22d September, 1849.


In reply to your communication received this day, we beg to state, that we are not aware of the existence of any reason for deferring action on the part of the Standing Committee of the Diocese, in regard to the approval of the Certificate of Incorporation of Christ Church, New-Brighton.

We are at a loss to conceive how any question can have arisen in our case, of intrusion or non-intrusion into the Rev. Mr. Winslow's parish. The proceedings for the organization and incorporation of the Church, were adopted under the advice of the late Mr. David B. Ogden, expressly with the view of avoiding the necessity of adjudicating this very question, which had then been already raised by Mr. Winslow; all parties here, coinciding in opinion that the discussion of such points was to be deprecated, and if possible, avoided, even when, as in this case, the abstract right was held to be unquestionable.

The Rev. Dr. David Moore, Rector of St. Andrew's, was the only clergyman who officiated for the congregation at New-Brighton till after the Vestry was elected, and the Church incorporated according to law. And we are advised, that no question of intrusion or non-intrusion can arise in the case of the Rector of a legally incorporated Church officiating in his own place of worship to his own congregation.

We remain, with great respect, Sir,

Your most obedient serv'ts. (Signed,)


Churchwardens of Christ Church, New-Brighton.


[9] And your memorialists, the said Rector, Church-wardens and Vestrymen, do further respectfully represent--

That your memorialists, the said Churchwardens, although acting in good faith, and from proper motives, did nevertheless transcend the rights and authority of their office, in taking any action on the communication signed by Mr. Hoffman, without having submitted the same for the solemn consideration of your memorialists, at a regular meeting of the Vestry, held after due notice given, according to law.

That in consequence of this unauthorized proceeding on the part of your memorialists the Churchwardens aforesaid, your memorialists the Rector, Churchwardens and Vestrymen, have been deprived of all opportunity of deliberating or advising in vestry assembled, as was their right, as to the proper course to be pursued, and of preparing such a statement of facts and arguments as might be applicable to the case.

For these, and divers other weighty reasons them thereunto moving, your memorialists, the Rector, Churchwardens and Vestrymen of Christ Church, in the village of New-Brighton aforesaid, do earnestly and respectfully solicit the Standing Committee to grant a re-hearing or re-consideration of the application for their approval of the incorporation of the church.

And in view of the numerous and important interests and principles involved in the decision of this question, with reference to which it is of the highest importance, that all the facts and arguments on both sides should be fully and fairly presented and analyzed. Your memorialists' humbly pray, that the Standing Committee will further grant to them the privilege of appearing and being heard [9/10] by counsel before their whole number, at such time arid place as they shall be pleased to appoint.

All which is respectfully submitted.

New-Brighton, 30th October, 1849.

(Signed,) Pierre P. Irving, Rector.

Wm. S. Pendleton, D. A. Comstock, Churchwardens.

Samuel T. Jones, P. Stuyvesant,
G. Wotherspoon, M. Morgan,
F. B. Cutting, G. E. Kunhardt,
C. D. Rhodes, One Vacancy. Vestrymen.

No. 5.

Notice of Reconsideration of the Case by the Standing Committee.

New-York, March, 18th, 1860.

Gentlemen,--Some time ago, the Standing Committee passed a resolution allowing a rehearing of the application of Christ Church for admission into union with the Convention, and that they would receive any further statement of facts and arguments upon the case. You are aware of the reasons which have delayed action upon this resolution, springing from the hope of an amicable arrangement being made. It is now highly expedient that the case should be maturely considered and finally decided. I respectfully submit the propriety of supplying any further evidence and argument you may think fit, furnishing copies to the Rev, Mr. Winslow, or the Wardens and Vestry of St. Paul's Church. I have made a similar communication to the Rev. Mr. Winslow.

As a member of the sub-committee, I will take charge of the communications, if most convenient to send them to me.

Very respectfully,

Your ob't serv't,

Murray Hoffman.

The Wardens and Vestrymen
of Christ Church, New-Brighton.

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