conceding all that could be reasonably asked; and the Church, which had been for a long time a spectacle to surrounding denominations, put on conse

"3d. That his late Majesty King George the Second, by his confirmation under seal, dated 25th February, 1755, did confirm the said act-prout:

"4th. That the defendants were the major part of the Elders and Deacons of the said Church in the city of New-York, on the third Thursday of October, 1763, one of the days of clection of Elders and Deacons appointed by the said charter, and so, being Elders and Deacons, on that day were assembled at the said Church to proceed to an election of Elders and Deacons for the said Church for the then ensuing year.

"5th. That the plaintiff, on the said Thursday of October, 1763, and long before, was a member of the said Church and Corporation, duly admitted, and also a member in communion of the said Reformed Protestant Dutch Church, and an inhabitant of the said city of New-York; and so being a member and inhabitant, did on the same day personally attend at the said Church, before the election, nomination, or appointment; did then and there demand and require of the defendants to permit him, the said plaintiff, to give his voice for electing Elders and Deacons for the said Church for the ensuing year, to be chosen pursuant to the said charter.

"6th. That the said defendants did then and there, upon such demand and requests so made, refuse to take, receive or allow the voice of the plaintiff to be given, and did then and there prevent, obstruct, and hinder the plaintiff from giving his vote at the said election, for the elccting, nominating, or appointing the Eld

quently, at length, a more pleasing and inviting appearance.

ers and Deacons of the said Church for the year ensuing, or any of them.

"7th. That the said defendants did, then and there elect, nominate, and appoint Elders and Deacons of the said Church for the year ensuing, the plaintiff being present at the said Church, without taking the plaintiff's vote in the said election, and without previously, or at any time that day, proposing or naming to the members or the plaintiff attending at the election, the persons nominated by the defendants for Elders and Deacons of the said Church for the ensuing year.

"8th. That of the members in communion of the said Church, and inhabitants within the said city, then and there attending at the said Church, the majority attended to give their voices as members for electing the Elders and Deacons of the said Church for the ensuing year." [The reason of this was, that the members, on the side of the Consistory, did not then attend in a body as they did the following year, to approve of the election.]

"9th. That the Dutch Churches in Holland are governed by the rules established in the national Synod of Dort, held in 1618 and 1619.

"10th. That the said Synod of Dort, by the 22d article of the said rules, did establish-prout:

"11th. That the said Synod of Dort did at the same time establish the national rule or confession of faith, the 31st article whereof is prout:

That the reader may know what confidence was to be placed in the Communication, from which the facts presented in the foregoing statement have

"12th. That the usage of the Dutch Churches in Holland respecting elections of Elders and Deacons has long been for the Elders and Deacons, and every Minister present at their election, to elect their officers by the majority of their voices, without the vote of the other members; and not to propose the persons to be elected Elders and Deacons to the members of the Churches respectively before, nor at the time of the election, nor until the Sunday next following such election, when it is the usage to publish their names to the respective congregations, and on the two next succeeding Sundays;-each Sunday calling on the people to object against their being admitted and confirmed, if they have cause; and the usage also is, that if any good objection be made and supported, the Elders and Deacons so objected to, are not admitted to the office; but the Consistory judge of the validity of the objections, and if they conceive them sufficient, proceed to a new election.

"13th. That if no objections be made by the members, by the third Sunday after the elections, the Elders and Deacons so chosen, are confirmed in and admitted to their respective offices, and that they are not Elders and Deacons until such confirmation and admission.

"14th. That the usage and practice with regard to the proposing, confirmation, and admission, objecting against and setting aside of Elders and Deacons respectively, in the said Dutch Church at New-York, has hitherto been conformable to the usage and practice of the Churches of Holland last mentioned, and that

been taken, the following brief extract from a letter of Dr. Laidlie to Mr. Livingston, dated November 3d, is inserted for his perusal :

the Elders and Deacons of the said Church in New-York, agreeable to the regulations of the Churches of Holland above-mentioned, are not admitted to their respective offices until such proposal, made for three successive Sundays after their election, and confirmation thereupon.

"15th. That this province was conquered by the Dutch, and afterwards, in, was yielded by treaty to the crown of England.

"And the jurors aforesaid, upon their oath aforesaid, do further say, that the province of New-York is part of the country formerly called New Netherlands, and was, before the surrender of the same to the crown of England, subject to the States General of the United Provinces in Europe, and was settled by subjects to the States General.

"2d. That antecedent to the said surrender, there were Churches in the said province, and that all the Churches in the same were supplied with ministers from the United Provinces of the national established Church 'there, sent out by and subject to the ecclesiastical government of the Classis of Amsterdam.

"3d. That the Churches of the national establishment of the said United Provinces in Europe, and especially those within the district of the said Classis, have always had a succession of Elders

"Thanks be to our blessed Lord, for all that experience he has given you of his love and faithfulness. Trust in him at all times; none that trust

and Deacons, chosen from time to time by the majority of the Elders and Deacons of the said Churches respectively, and Ministers present, without the voices of the other members of the same churches.

"4th. That the Dutch Churches in this country, antecedent to the said surrender, were governed in a manner conformable to the practice and usage of the national established Churches of the United Provinces in Europe, and the offices and places of the Elders and Deacons of the same have always been, upon every vacancy and avoidance, supplied by the election, nomination and appointment of the majority of the Elders and Deacons in office, without the voices of the other members of the same.

"5th. That the same government, usage, and practice, was continued from the said surrender, in the Dutch Church of the city of New-York, until the same was incorporated by the letters patent above-mentioned.

"6th. That for above sixty years past, after the grant of the said letters patent of incorporation, there had been a constant succession of Elders and Deacons in the said Church, so incorporated, chosen by the majority of the Elders and Deacons of the same Church for the time being, without the voices of any of the other members of the same, in the nomination and appointment of Elders and Deacons.

"7th. And the jurors aforesaid, upon their oath aforesaid, do farther find the articles of capitulation at the surrender of this province in the year 1664-prout;