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OF

THE CASE

BETWEEN THE

REV. CATE JONES, ,

AND THE

RECTOR AND INHABITANTS

OF THE CITY OF NEW-YORK IN COMMUNION OF THE PRO-

TESTANT EPISCOPAL CHURCH IN THE STATE OF

-NEW-YORK,

AS THE SAME WAS ARGUED

Before the fie Judges of the Supreme Court of the state of
New-York-Arbitrators to whom the difference be-
tween the parties were referred by a rule of the

said Court.

By MATTHEW;L.; DAVIS.

NEW YORK:

PRINTED BY WILLIAM A. DAVIS.

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TPENEYCRX
PUBLIC LIBRARY

23

01 ON, ENOY AND YILDEN OUNCATİON P

15.2

* L. S. *

District of New-York, ss.
BE IT REMEMBERED, that on the nineteenth day of November, ia

ske thirty-eighth year of the Independence of the Uniled States of
America, MATTHEW L. Davis, of the said District, has deposited
in this office the title of a Book, the right whereof he claims as

proprielor, in the words and figures following, to wit: Report of the Case between the Rev. Cave Jones and the Rector and Inhabitants of the city of New York in communion of the Protestant Episcopal Churci in the state of New-York-as the same was argued before the tive Judges of the Supreme Court of the state of New-York. Arbitrators to whom the differences between tbe parties were referred by a rule of the said Court. By Matthew L. Davis.

In conformity to the Acl of the Congress of the United States, enlilled "An Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books lo the authors and proprietors of such copies, during the time therein mentioned.And also to an Aci, entitled an Act, suppleinentary to an Act, entitled an Act for the encouragement of Learning, by securing the copies of Maps, Charls, and Books to the authors and proprietors of such copies, during ile times skeseir mentiored, cnd extending the benefits thereof to the arts of designing, engraving and ekshing historical and olkes prints."

THERON RUDD,
Clark of the New-York Districi.

PREFACE

THE importance of the controversy between the rev. Mr. Jones and the Vestry of Trinity Church, will, it is hoped, be deemed a sufficient apology for offering to the public this “ Report of the Case.

To episcopalians, in particular, this controversy was important: because, the interesting questions, whether a bishop could resign ? and if he could, whether, in our country, such resignation must be made to the state convention, or toʻ* the house of bishops? seemed to be involved in the final de cision of Mr. Jones's case.

By the construction given to the terms of submission, between the vestry of Trinity Church and the rev. Cave Jones,

appears, that the arbitrators were not compelled to give rany decision or opinion," as to the validity of the proceedings previously instituted. It was, however, generally understood and believedly that the bond was imperative; and that a decision on this point would have been one of their first acts-But the award must speak for itself. It evidently determines nothing except the question of compensation. Of the opinion of the arbitrators on the legality of those proceedings, as they have not oftežed their sentiments, the public are left to form deductions from the compensation allowed; which has been increased from two thousand five hundred, to seven thousand five hundred dollars. From a private and respectable source, it is stated, that their silence on ibis head, arose from an unwillingness to interfere with the province of the ecclesiastical authority.

To those who are unacquainted with the proceedings, prerioirs to the reference, the bond, which is the first docug

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