MALIGNITY EXPOSED ; O R A VINDICATION OF BISHOP CHASE AGAINST THE MALICIOUS ACCUSATIONS OF AN ANONYMOUS PAMPHLET, PRINTED IN ANN-STREET, N. Y. BY THE REV. SAMUEL CHASE, JUBILEE COLLEGE NEW-YORK: STANFORD AND SWORDS, 139, BROADWAY. 1847. ■ Hi n <<>■,.-. urn* m .' 1 1 ,-£'-'"••• OjfijSFiSiC*: &sa nanwa ■ i , hhhhh IRBBP ESSBaSBe .•■■',•■-■"■■■■■..■ MALIGNITY EXPOSED ; O R A VINDICATION OF BISHOP CIIASE AGAINST THE MALICIOUS ACCUSATIONS O F AN ANONYMOUS PAMPHLET, PRINTED IN ANN-STREET, N. Y- BY THE REV. SAMUEL CHASJE, JUBILEE COLLEGE. NEW-YORK: STANFORD AND SWORDS, 139, BROADWAY. 1847. \ *^^^^tf**w^^^^^*<< John R. IVTGown, Printer, 106, Fulton-st. N. Y. / w So t\)t Strops OF THE PROTESTANT EPISCOPAL CHURCH IN THE UNITED STATES, THIS VINDICATION OF ONE OF THEIR BRETHREN, WHO HAS BEEN WANTONLY AND INJURIOUSLY ASSAILED, IS MOST RESPECTFULLY INSCRIBED BY THE AUTHOR. r it , U V W) M 7 s. A i K? *- ,/? ry- ■ o o i - \ f 38095 r MALIGNITY EXPOSED. A Plain Statement for the consideration of the Friends of the Protestant Episcopal Church in the Diocese of Illinois, the Rt. Rev. Philander Chase, D. D., Bishop ; drawn up some years ago, but most proper for the present time, by one who now rests from his labors : with notes by Observer. New-York : Turner & Lawrence, Ann-street. 1846. Such is the title-page of a pamphlet published some time since, and undoubtedly extensively circulated throughout the Church at large, and especially in the Diocese of Illinois. It is only recently that a copy, through the kindness of a friend, was sent to the writer. The circumstances under which the work comes before the public beget in its behalf no claims to attention or credence. Not only is the name of its editor studiously concealed, but even its authorship is enshrouded in the obscurity of the grave. As to its intended office, there can be no doubt : it is to originate and send abroad certain statements and allegations, and hereafter to be adduced as evidence in support of them : it is the embodiment of calumnies, surmises, and insinuations, which itself has originated and called into existenGe ; it is, in all respects, the murderous blow of the masked assassin. The work in question, consisting of text and notes, purports to be the production of two persons, and aims to produce the impression that the tenure by which the property of Jubilee College is held, 6 affords no assurance that it will be available to the Church ; but that, on the contrary, its " legal ownership will be in the Bishop's heirs at law." This is the burden of the whole work, both text and notes ; and in the effort to produce the above impression, Bishop Chase is assailed on every hand, and in every possible manner, by allegations the most calumnious, statements the most false, and insinuations the most un- charitable and cruel. Not only are his public acts, in founding and rearing up Jubilee College, censured and misrepresented ; but even the sanctity of his private life, the privacy of his domestic arrange- ments, are dragged before the world's gaze, and, either through ignorance or malice, misrepresented and ridiculed. Isolated para- graphs from various publications, detached from their proper connec- tion, with a sinister interpretation, are brought forward to show that the Bishop, in the disbursement of funds intrusted to him for the good of the Church, whether contributed specially to the College or appro- priated by the Board of Missions, has had sole reference to the support of himself and family. But notwithstanding all this, had the pamphlet involved only per- sonal considerations, it would have provoked no answer : but inasmuch as it involves the prosperity of Jubilee College and the advancement of the Church in the Diocese of Illinois, the occasion is gladly seized for making such statements as will vindicate the conduct of Bishop Chase, and afford an assurance to his numerous benefactors that their liberality has not been bestowed in vain. That the text of the pamphlet, or at least its germ, was in existence years ago, is well known to the friends of Jubilee College. In the year 1839-40, the same was industriously circulated in the south, where Bishop Chase was then soliciting contributions. The sole question raised by its author is that of the tenure of the College property, and is called up in these words : " I believe he " (Bishop Chase) is acting in good faith and with the purest motives ; " but still there is danger that neither the buildings nor the lands will " ever come under the control of the Church ; and if they should not, " it would be a serious blot upon his good name." Now the same question, i. e. the possibility of perpetuating an eleemosynary institu- tion without an act of incorporation, in almost " totidem verbis" was gratuitously thrust upon the notice of the friends of the College at the south in 1839-40. Bishop Chase at this time had no charter, and that for the very satisfactory reason that the legislature of that day would have granted none commensurate with the design and necessi- ties of the institution. Under these circumstances, the Bishop had but to ask the opinion of those whose profession rendered them familiar with such points : and the most eminent of the bar Of Charleston, S. C, gave their unanimous decision that the institution could be so perpetuated ; that Bishop Chase, as its founder, could, by his last will and testament, so dispose of the property that it could not be otherwise used than as intended by the donors. This decision gave entire satisfaction to the friends of the institution. The Bishop returned from the south bringing with him many and munificent gifts for the College : indeed in many instances the very effort to " shut out " Bishop Chase from the liberality of the generous south, was the occasion of interesting many in his behalf, and many liberal donations were the consequence. The truth is, in this matter the Bishop had no choice. He had but one course to pursue ; — either to abandon the enterprise of Jubilee College, or go on without a charter. That at that day a charter could have been procured from the legislature of Illinois, which would have secured the College to the Church, no man who possesses a knowledge in the premises will say. It was beyond the possibility of a dream. In 1843 a small pamphlet was published, entitled " Review of Jubilee College," in which the position of the College was candidly set forth, both in reference to the good faith of Bishop Chase in managing its property for the present good of the Church, and the mode by which he designed its perpetuation in the Church. Of this Review the annotator in his notes says : " It contains a " show of argumentation in vindication of the Bishop in pursuing the " course noticed. That the whole is fallacious in the extreme, is " dec'iared by the most able jurists to whom the matter has been sub- " mitted." That any " able jurists," who have carefully considered the question, have ventured the above opinion, is not to be supposed ; but that many have expressed the contrary opinion, is well known to the writer. The author of the Review, under the opinion, honestly, and, as 8 subsequent events verified, truly entertained, that Bishop Chase could not at that time procure a suitable charter, vindicated him in per- petuating the institution by deeds of trust. It at least was the occasion of calling the attention of the legislature to the subject of a charter. A gentleman who was a member of the legislature in 1844, after reading the Review, assured the Bishop he had no doubt of his being able to procure a charter on the approaching session. After this assurance, Bishop C. sent through this gentleman the following petition : " TO THE HONORABLE THE LEGISLATURE OF THE STATE OF ILLINOIS : "The petition of Philander Chase humbly sheweth : That your petitioner, in the exercise of his calling, and claiming a right which he holds in common with all the denominations of Christian people, to worship God according to the dictates of his conscience, hath deemed it his duty to found an institution of religion and learning, intended to confer degrees, and more especially for the education of young men as ministers and preachers of the gospel of Jesus Christ, and to be con- ducted according to the regulations of the denomination to which he belongs. " To this end he hath contributed much of his own substance, labor and time, for many years, and, both in his own person and those of his fumly, suffere d many hardships and deprivations ; and, what is worthy of note, asking no assistance from the legislature, he hath gone abroad for funds, and drawn nearly all his means from beyond the limits of the state of Illinois, mostly from his personal friends and the members of his own communion at a distance, till the object of his heart is so far accomplished as to afford good hopes, if he be smiled on by the rulers of the state, of final and complete success. " What constitutes a singular feature in this enterprise is, that the property contributed has been confided to the petitioner, with a full reliance on his integrity and honor, to use it while living, and to be- queath it when dying, according to the will of the donors, solely for the benefit of the intended institution. This duty, himself and all he possesses on earth are pledged to perform : — the salvation of his name from infamy, and of his soul from everlasting perdition, require that he should perform it. "This can be done by deeds of trust; but, for reasons which will alike redound to the honor of Illinois and to the good of mankind, the petitioner would most respectfully ask, that he may be permitted by law to dispose of the property which he has collected for Jubilee College, to a board of incorporated trustees, to be named by him in his last will and testament, whose duty shall be to fulfil the designs of the donors and founder, as set forth by himself, in a pamphlet printed in Peoria, entitled ' The Corner-Stone of Jubilee College,' of April 3d, 1839. / 9 *** And your petitioner will ever pray, that God may bless the people c more definitely expressed than the-one contained in the ad ie laving ■of the corner-stone. The following letter, if any were necessary, a Iditional evidence of good faith on the part of the Bishop in the ter of the charter : " Springfield 1 -U7. ** Rev. S. Chase : "Dear Brother — Having learned that you rticing, through the press, a certain annoymous >amph'et, • i v >l to some extent in this Diocese, and ckaracterize r unfiir- ness, not to say malignity, towards the Bishop ^igerl with him in the effort to buil i up Fu >i: - !ol ■ i : duty on my part, as well as of justice to him, to i n • its tending to vindicate him fr >m the charge (see n t ) w'no 10 having acted in good faith in his original application to the legislature for a charter. "To the unprejudiced, the success of his recent application and the provisions of the act of incorporation will be a sufficient vindication. To all others you may say, it was known to me that he was prevented making application two years earlier than he did, only from a convic- tion, not peculiar to himself, that such application would be unavailing. Previous to, or during the early part of, the session of 1842— 3, I ex- amined, at Bishop Chase's request, all the acts which had then been passed in this state for incorporating colleges and other similar institu- tions, and forwarded to him copies and abstracts, so far as necessary to enable him to judge of their character ; and as they all contained a proviso to the effect that no theological professorship should be allowed in connection with such institutions, he very naturally thought the effort to procure such a charter as he desired would be fruitless, and hence refrained from making it. " In the former part of the session of 1844-5, 1 received from him a letter, written at Norwich, Ct., and covering a petition to the legisla- ture of that winter, in which he asked a charter for his college. The petition was in no respect equivocal, but clearly stated what the founder had done, and what he desired. In it reference was made to his " address at laying the corner-stone," and a part o( that address was directed to be read or incorporated with it. This petition, with the letter enclosing it, as requested, I immediately put into the hands of a member, who the previous summer had conditionally undertaken the management of it. At a subsequent interview (at that time he was too much engaged for any conversation,) he told me he would suggest two or three alterations in the petition, and then present it. He in- formed me also that a bill, very liberal in its provisions, was in progress through the senate for incorporating a Roman Catholic college or university, (St. Mary's of the Lake,) and that he had no doubt a similar charter could be obtained for Jubilee College. " The journal of the house furnishes no evidence that the petition was ever presented. It shows, however, that a bill for incorporating the college was, on leave, introduced by the gentleman to whom the petition had been committed. That bill, after being amended in com- mittee and in the house, became a law. " Why what satisfied Bishop Quarter was not satisfactory to Bishop Chase, may be seen by reference to the address of the latter to the Convention of 1845. It was not such a charter as he had asked for, and in some of its provisions was altogether at variance with certain fundamental principles laid down by him in his " address at the laying of the corner-stone." How much truth there is in the statements and surmises of the anonymous pamphleteer, in the note referred to, I need not attempt further to show. " I remain, very sincerely, your friend and brother, " Charles Dkesseb." , 11 And what response did the legislature make to the foregoing petition? A charter was granted, but in many of its essential features the very opposite of the one prayed for. It set aside many principles essential to the very existence of the institution, and laid down others in positive contrariety to the basis of its foundation. And yet, in reference to the proposed charter, the annotator says, " The legislature listened with " favor to the prayer of the Rt. Rev. petitioner, and passed for him an " act of incorporation exceedingly liberal in its provisions, but which, " as many, who understood Bishop Chase, predicted, was, with a " formidable show of reason, rejected." If by the term "exceedingly liberal," the annotator meant that, so far as the charter was concerned, the institution might be made sub- servient to the propagation of other doctrines than those of the Church, he is undoubtedly correct ; but if otherwise, the assertion is entirely truthless. And whether there was only " a formidable show of rea- son," or real and substantial grounds for its rejection, let the following show : " TO THE HON. THE COUNCIL OF REVISION IN THE LEGISLATURE OF THE STATE OF ILLINOIS, NOW IN SESSION IN SPRINGFIELD. " Gentlemen : The undersigned begs leave, most respectfully, tore- quest your honorable body not to approve and pass into a law the bill now before you for the incorporation of Jubilee College ; the same being, in several most important particulars, contrary to the will of the donors, and the express declaration of that will, made and published by the founder. " Most sincerely does the undersigned regret, that he was, by una r voidable duties, compelled to be absent from the state when the petition for giving to the trustees of Jubilee College, to be named in his last will and testament, a corporate capacity, was made known to the legis- lature. Had he been present, the undersigned has just grounds to believe that he could, by explaining the facts, the motives, and the law of equity, have prevented the objectionable clauses in the bill as it is ; or if not so happy, at least, by making known his conscientious objec- tions, to have saved the time and expense to the state, in thus needlessly passing the bill in form through the assembly and senate. Jubilee College, like all other eleemosynary institutions, is the child of Benev- ■nce. It received its first germ of existence from the alms and obla- tions of charitable persons of one age, for the benefit of the rising gen- erations of other ages to come. Its breath, and legal continuity of being, it receives and enjoys by virtue of deeds of land and property, or what is known in law by ' cestui qui trust,' or by power of incorporation grant- ed by an enlightened legislature. The former is what the institution k already enjoys : the latter was the prayer of the petition of the under- signed, as presented (he trusts) by Mr. Arnold, of Chicago. " In either case, as above named, the will of the donors, when made known and publicly declared by the founders to be the basis of all dona- tions, cannot be altered, nor its nature violated, either by individuals who hold the trust or corporation, or by the civil legislature, which, for want of due information, may attempt to guide its destinies. The whole constitution of such eleemosynary institutions, is of the nature of con- tracts between one generation and another, and, as such, involve the dearest interests of civilized man. " The undersigned begs leave to refer the honorable the council of revision to the address made by him at the laying of the corner-stone of Jubilee chapel, as containing an explanation of the principles which guide him, and as an apology for his conscientious refusing of the char- ter referred to. " The contrast between it and the deed of donation, grounded on the will of the donors, which deed is now incorporated in his ' last will and testament,'soon to be consummated by death, may be seen by the follow, ing instrument, copied by one of the students of Jubilee, from the judg, ment of the Rev. Samuel Chase, the principal of the school, who, at the request of the undersigned, kindly consented, a few hours ago, to give his opinion. [copy.] " ' Extracts from the Bishop's Address, and the charter passed by the legislature, showing, that the fundamental and essential principles of the deed of foundation would he set aside by the acceptance of the proposed charter. " 'ADDRESS AT LAYING THE CORNER-STONE. " ' PROPOSED CHARTER. " ' The Bishop of the diocese " ' The corporation (i. e. the shall be ex officio president of the trustees) shall have power to em- institution and of the board of ploy and appoint a president or trustees, and shall nominate the principal for such institution, and professors, teachers, and other offi- such professors and teachers as cers of the college and corporation ; they may deem proper, and the trustees shall, by a major- ity of votes taken by ballot, approve the said nominations. The num- ber of trustees shall never exceed seven, besides the Bishop, and shall never be less than three, a majori- ty of whom shall be clergymen in foil orders. " Trustees will be nominated as " ' Such corporation shall have vacancies shall occur, by the Bish- power to fill such vacancies in their op, for the time being ; which nom- own body as may happen by death, ination shall be confirmed by the resignation or otherwise. Convention of the Protestant Epis- copal Church of the Diocese of II- 13 linois. A clergyman ceases to be a trustee when he is canonically degraded, and a layman when he is excommunicated from the Church. "'The by-laws shall be made "' The corporation shall have pow- by the trustees, and approved by er to make and alter, from time to the Bishop. time, such by-laws as they may deem necessary. '" All impeachments of trustees, "'Should the trustees at any being for abuse of trust reposed in time violate the provisions of this them, shall be preferred before the act, or use the power hereby con- civil court, and the trial be conduct- ferred for any other than the liter- ed by a committee duly appointed ary purposes above set forth, they by the Convention of the Diocese shall forfeit the same ; and, upon of Illinois ; and if the reus, or ac- complaint being made to the cir- cused person, be found guilty of cuit court of Peoria county, a scire the abuse of trust, he shall be no facias shall issue, and the court longer a trustee. shall proceed to hear the same ; and if it shall be determined that any of the provisions of this act have been violated, the charter shall thereafter be declared for- feited. " And provided it be made to " ' The right is hereby reserved appear before the court having ju- to the legislature to amend or mcd- risdiction thereof, that these con- ify, alter or repeal, this act, when- ditions are not fulfilled, and the ever in its opinion the public good funds given or devoted to other may require it.' purposes than those designated by the donors and founders, it shall and may be lawful for the governor of the state of Illinois, for the time being, to compel the trustees to make amends for the damage done, and give bonds for the due perform- ance of their duties in future. " ' The above are some of the instances in which principles essential to the very existence of the institution, and made the basis of its dona- tion to the Church, are set aside by the proposed charter. The Bishop of the Diocese, instead of being ex-officio president, is not by the charter necessarily even a trustee. The qualifications of trustees are wholly disregarded. So far as the charter is concerned, there is no security against the contingency, that, after several elections, by self- perpetuation the whole institution may be under other than the control of the Protestant Episcopal Church. 1 " ' There is a wide difference between a scire facias issued on complaint of an irresponsible person, which may issue in a forfeiture of chartered privileges on the part of the institution, and one obtained by persons 'duly appointed,' and which compels restitution on the part 14 of delinquent trustees. The one may be fatal, the other can only be sanative. " 'The whole tendency of the provisions of the charter is to take the institution ■ out of the Church,' and place it ' in the world.' Under such circumstances, the founder could not accept the proposed char- ter without an abandonment of the very purpose and design of its foundation. " ' The right of repeal, as claimed, is in itself an insuperable bar to acceptance, and any recognition of such a right, by acceptance of a charter making such claim, would be an act of/e/o de se. } " That God may grant to your honors a long life, and to our beloved State a liberal and enlightened policy, is the prayer of your friend and humble servant, the undersigned. " Jubilee College, Feb. 4, 1845." "Philander Chase. The foregoing affords good and substantial reasons for rejecting a charter like the one proposed ; and in its rejection an honest and unprejudiced mind will find some other motive for the line of conduct adopted by Bishop Chase, than the one assigned by the annotator, namely, that "the property must remain as before, with the legal ownership in the Bishop." Bishop Chase could not have accepted a charter containing provi- sions so variant with the avowed object of the institution and the principles of its foundation, without becoming recreant to the trust reposed in him, and rendering himself liable to prosecution on the grounds of forfeiture. Had Bishop Chase accepted the proposed charter, he would, in sO doing, have abandoned his trust — and, so far as the Church was con- cerned, repudiated the college — and its legal ownership become vested in the world. All good and pious men, every benefactor of the col- lege, will warmly thank Bishop Chase for not accepting a charter, which might ultimately have thrown the institution into the embrace of any sect whatever, from the Romanist down to the Mormon. There is still another consideration which belongs to this portion of the college history. It is this : that the property of the institution, from first to last, has been confided to the Bishop, with a full know- ledge, on the part of the donors, of the difficulty of procuring a suitable charter, and the almost utter impossibility of managing successfully an institution in its incipient stages of growth through a corporate body. The property has been confided to him, " with a full reliance on his 15 integrity to use it while living," and to bequeath it, when dying, according to the will of the donors, " solely for the benefit of the in- tended institution ; " leaving it discretionary with him whether the right of the trustees, under such bequest, shall be what is known in the law by " cestui qui trust," or by power of incorporation. This was the condition of donation of all the English funds, formally expressed in writing on the part of the donors, ere the funds were removed to this country. The same is implied in the case of all the donations made at the south, in 1839—40, since these were made notwithstanding the efforts used to prevent donations on the ground that " they might go to the Bishop's heirs at law." * * Extract of a letter from Bishop Chase to Mrs. Sophia M. Chase, dated Charlestown, April 29, 184(h "You must know that Bishop Ives (and a few days since I myself) received a letter speaking of a ' rumor,' coming from a ' respectable quarter,' that it was not safe to give to Jubilee, because there was no provision made (though he acknow- ledged there was a provision spoken of,) in my Corner-stone, for the passing of the lands and property of Jubilee into the hands of the Church. At the same time I received a letter from James F. De Peyster, of New- York, stating that he had met with the same objection, with this additional complaint, that I was the manager, sole manager, unaccountable to any one but common report. " To meet the former part of this objection, I have written a letter to Bishop Ives, and a copy of the same I have caused to be sent to all the religious periodi- cals, stating what I did just before I left the Robin's Nest, viz., made my will, and in it appointed trustees, and given an exact and full account of all the pro- perty, both real and personal, belonging to the college, and that this will was the printed pamphlet, with a codieil, to which, and to every important part of which, my name was and is annexed, with my sign manual, the whole being witnessed by competent persons and sealed. " This letter was sent to all the periodicals. That to Dr. Seabury, the editor of the Churchman, was inclosed in a letter to Mr. J. F. De Peyster, and on the envelope I stated that I am the sole manager, and, under God, the sole parent of this institution, as I had been of Gambier and Kenyon, and that I must be so, or these institutions never would have been born nor ever could be carried on ; that there was little reason for envy or jealousy or malice against me ; for this trust, which the public was so good as to repose in me, would be of short duration ; the time was fast approaching when my eye would be closed on the scenes of malice around me, and my ear deaf to the voice of Slander, reposing in the grave, ' where the wicked cease from troubling, and the weary are at rest.' " What effect these communications may have I know not. Committing the whole to God's guidance and blessing, I rest content. One thing I exceedingly regret, — that your pure mind and unshaken integrity seems to be impugned by these clouds and threatening storms from the north. I have taken occasion, how- ever, every where, to state so many particulars in which your self-sacrifices are and have been manifested, and your devotion to the Church's best interest, disre- garding every personal comfort, and alienating yourself so much from the society o e your equals, that you might glorify God in being the instrument of great good to the souls of men, beyond a question, that little is to be feared from envious and misguided men- The faithful among our dear Chuich people at the south will have your name in everlasting remembrance, and your virtues in the tablet of their hearts. For your sake I believe many of the favors to me originate." Iff Nor is it probable that any donations have since been made on other conditions or with any other expectation. In 1843, in the "Review of Jubilee College," it was expressly declared that no ex- pectation was cherished of obtaining an act of incorporation from the legislature, and that the Bishop relied solely upon deeds of trust for perpetuating the institution. And besides all this, the enemies of the instituti ,: have been too industrieus in circulating their suspicions and whispering their surmises, to allow even the widow tocast in her mite, without .ring warned that she was giving it to one from whom noble, generous, and christian men, had exacted no bond. Ami has this confidence, thus reposed in Bishop Chase, by the pious and munificent, both in England and America, been misplaced? Have th< expenditures been extravagant, or the investments unpro- ductive ' In this respect at least, Jubilee boasts herself, and challenges conip.'ii -un with other institutions. Had Bishop Chase, in the earlier days of ihe institution, thrown its management, — in its location, its invest i t s , the erection of its buildings, the appointment of its teacl iid agents, — into the hands of a corporate body; — had he done tie question may be seriously asked, Where now would have b( en the college ? It would most undoubtedly have been where Kemper College now is. The question is answered by a reference to the i. holy fate of that institution, not in the way of accusing any one of incapacity or dishonesty in its management, but because a like fate must almost inevitably attend any Church institution which accepts a cha • similar to that of Kemper College, or the one offered to Jubilei College, in 1844-5. The .. y m mainhig question touching the title of the property, i. e. the in • ■::;• ncy through which the Church shall exercise control over the : s'ilution, is one of mere fact; but the annotator of the pampl ifFects to regard it as one of principle. In an entire misap- prehei of the matter, he affects to create an alarm by ringing the cha yes upon the terms "right and control." He asserts that " the Church in Illinois has no right in Jubilee College, and no control " ove: " . " that "neither the buildings nor the lands appertaining to " Juli ■ College are now under the control of the Church, ought to be " every where distinctly known." In reference to all this it may be fairly argued that the above asser- 17 tions, and all others of a like character, proceed upon an assumption entirely false, i. e. that the only mediate agency through which the Church in Illinois can exercise right or control over Jubilee College, is the acts of its convention — the acts of a body which has no legal existence. It can neither sue nor be sued. Its committees can only act, in all things pertaining to the ownership of property, on their own individual responsibility. By identifying the right of the Church in Jubilee College, and its control over its property, with the acts of the Diocesan Convention, the annotator has presented a false issue. The question is not whether the Bishop is under obligation " to surrender to that body the property belonging to Jubilee College ; " but whether the Church does through any agency possess a title in Jubilee College, and is enabled to control its destinies. That this should never be an open question — that in all respects it should be an unequivocally " ruled case " — has, of all other points, commanded the attention and influenced the conduct of Bishop Chase in every step he has taken in reference to the college. Had the most distant idea been entertained that this could not or would not be effect- ed, no college would have existed. Bishop Chase would never have subjected himself to the labors, persecutions, indignities and rebuffs, which he has encountered in his efforts in behalf of the college ; nor would his personal friends, and the pious and liberal of the Church, have supported his hands and stayed his feeble knees by their sympa- thies and their noble gifts. And has the confidence thus trustingly placed in Bishop Chase been abused ? Has Jubilee College, by any act of his, ceased to be an institution of the Church — passed from its control ? Let the solemn declarations made in the deed of foundation, incorporated as part and parcel of his last will and testament — let the considerations on account of which he declined the charter offered him in 1844—5 — answer the quesdon. The truth is, it has been this very principle which has pre- served the institution " right of the Church in Jubilee College, and power to control its property." And in the present instance the prin- ciple has, through the agency of the only permanent Diocesan office, exerted a most wholesome and salutary influence. The assertion, then, that the Church has no right in Jubilee College, and no control over it, is void of all truth. All the control which the Church hitherto could 2 18 have exercised over Jubilee College, for any salutary purpose, has been exercised. Had the " right of the Church in Jubilee College," been vested in the Diocesan Convention, as such ; had all control over its property, except such as might have been exercised through that body, been abandoned, on the part of the Hishop, to its committees or trustees acting under any charter which might have been procured ; Jubilee College would have beenclassed among "western speculations." This is not asserted as in disparagement of any ; but as the inevitable result of contingencies over which neither the Church nor its Conven- tion could have had control. All know this : the Church in Illinois knows it : all business-like men will affirm it. But the author of the pamphlet, in the text, says : " As there was no " corporate body, or any individual, at the time legally authorized to " hold lands for the college, the Bishop very properly took out the " patents in his own name ; and those patents contain no conditions of " trust for the college." — " It appears, then, that the whole is as much " under his control and disposal as his farm in Michigan, and would, " if left in this situation until his demise, as surely descend to his heirs " at law." And the annotator, in his notes, says : " The argument of " the text has been pronounced conclusive by the most able jurists, " and should therefore cause the Church in Illinois to awake to the " subject of her interest in Jubilee College and claim her rights, and " the friends of that Church abroad to insist that some immediate " steps be taken to put her legally in possession of what is really " hers ! " — " The fair and honest course now is for the Bishop to " account for all that he has received or disbursed on account of Jubilee " College to the Convention of his Diocese, and surrender to that body " what is rightfully its own." The extract from the text contains a manifest equivocation. The author argues : " The Bishop, having no act of incorporation, pur- " chased the lands for the college in his own name ; therefore they " would inevitably descend to his heirs at law." This is the whole gist of the argument of the text. To a prejudiced mind and vitiated heart, some occurrences in morals may appear possible, and therefore inevitable ; but not so to the honest and upright. Were there no subsequent acts on the part of Bishop Chase, which would have interrupted this entailment of the 19 property upon his heirs at law ? The author of the pamphlet well knew there were. The deed of foundation, — the address at the laying of the corner-stone, — was in his possession : nor was the annotator so profoundly ignorant of this : he further knew that this deed of founda- tion had been authoritatively declared to be incorporated as part and parcel of the founder's last will and testament. As to the call upon " the Church in Illinois to awake to the subject of her interest in Jubilee College and claim her rights ; " it may be asked, Who withholds from her any rights she has in Jubilee College ? She has all. ' She enjoys all the benefits it can confer. It has been cast into her bosom. Let her preserve and cherish it as the child of benevolence, the object of many prayers and of untold blessings. And as to the fair and honest course so gratuitously marked out by the annotator for Bishop Chase to follow — to account for his receipts and disbursements on account of Jubilee College to the Convention of his Diocese, and to surrender to that body what is rightfully its own ; — it may be asked, by what authority the call is made ? Where is the deed in which the property of Jubilee College becomes " rightfully " that of the Convention 1 It was never the design of the donors or the intention of the founder that this institution should be under the immediate control of that body. When on his visit to England, Bishop Chase, being asked what was the nature of the institution which he wished to establish in Illinois, replied, " The same as that which he founded in Ohio : the only dif- ference will be in the mode of effecting the object, and in the guards for security against abuse or perversion." In Ohio, as is well known, he had thrown the collections he had made into the lap of the Con- vention — an act which subsequent events rendered matter of great regret, — without taking sufficient security that the funds would be used according to the will of the founder and donors.* In Illinois, he kept, as was mutually agreed upon, the funds in his own hands, until the charter should be granted securing to the con- stituted authorities the power, not of doing as they pleased, but of * For more