Page 24
History of Orange County
Town of Newburgh
Page 24
     It further appeared in evidence, that Cave Jones, a regular clergyman, in communion with the protestant episcopal church, in the state of New York, on the 4th day of November, 1805, had been called, chosen and inducted as a minister, to officiate on the said glebe; that he was called and chosen by the said persons claiming to be trustees of the parish of Newburgh, together with the consent of all the episcopalians residing on the said patent, and was inducted by the warden, and vestry, men of St. George’s church, in said parish, (which was admitted to be a religious incorporation, made and created pursuant to an act of the legislature of this state, entitled “An act to provide for the incorporation of religious societies,” passed the 27th March, 1801 ; and was formed on the 4th of November, 1803,) by and with the consent of the persons claiming to be trustees of the parish of Newburgh, as rector of said church ; and that as such rector, he afterwards, and before the commencement of this suit, entered into possession of the glebe-house, &c.
     The counsel for the defendant then moved, that the lessors of the plaintiff should be called to produce further evidence, or be nonsuited.  No further evidence being offered, they were directed to be called and nonsuited.
     A motion was made, at the last term, to set aside the non-suit on the following grounds:  1.  That by the charter of 1752, none but episcopalians were qualified to vote, or were eligible, as trustees of the parish of Newburgh.  2.  That by the constitution of the state, none but episcopalians could vote for, or he elected, as trustees, under the said charter.  3.   That the act of the legislature, altering the charter, was unconstitutional; or if not unconstitutional, it was passed under a misapprehension of the rights and interests of the parties, occasioned by the misrepresentations of those, at whose instance, and for whose benefit the act was passed; and that as there was no surrender of the interest in the said land, the same cannot be affected by the said act.  4. That the episcopalians residing on the said patent, having never joined in the petition for the said act, or acquiesced in, or acted under it, ought not to be affected by it.  6.  What the 100 acres, having been set apart for such minister, as the charter directed, when such minister was inducted, the use was executed; and that Cave Jones, having been duly inducted as such minister, was entitled to recover the possession, as the successor of the last rector of the said parish.  6. That if Cave Jones, as such rector, is not entitled to recover the premises, the trustees of the parish of Newburgh, at least, are entitled to the possession.
     Fisk, for the plaintiff.  By the charter, or grant of the 26th of March, 1752, none but episcopalians, or persons belonging to the church of England, were entitled to vote for, or be elected trustees.  When all the inhabitants of the tract are mentioned, episcopalians only are intended.  It was clearly so understood by the grantees, who set apart 100 acres of the land for the use of an episcopal minister, who continued in possession 20 years.  By the 36th Section of the constitution of this state, all the royal grants and charters prior to the 14th of October, 1775, are expressly confirmed; and by the 33rd section of the constitution, the free exercise and enjoyment of religious profession and worship, is declared, without discrimination or preference.  The constitution intended to secure to every religious denomination, their property and rights.  By the act of the legislature, of the 6th of Aprill, 1784*, all religious denominations are empowered to appoint trustees, who shall be a body corporate, to take care of the temporalities, and transact the affairs of their respective congregations or societies.  By the act to provide for the incorporation of religious societies, passed the 27th of March, 1801**, the first section of which relates to protestant episcopal churches, the mode of electing church-wardens and vestry-men, and the qualifications of electors are prescribed.  No persons have a right to vote, but such as belong to the same church or congregation.

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     *7 Sess. ch .18. Greenleaf’s, cd. of the Laws of New York, vol 1. p. 71.    
     **Revised Laws of N. Y. vol. 1. p. 336.