J v». iSii L ^^Jmii\\ r^/ ■, \ ^^^^^ > '/ -• - Mr '*'• Digitized by tine Internet Arcliive in 2010 witli funding from CARLI: Consortium of Academic and Researcli Libraries in Illinois http://www.archive.org/details/presentmentofrevOOwalk PRE SENTMENT OF THE Kev. WILLIAM F. WALKER, HIS ANSWER, AND THE VERDICT OF THE COURT. 5Prteat« Smprcggbiu* CHICAGO: GEER & WILSON, Book axd Job Printers ; Daily Journal's Printing Establishment : MDCCCXLVI. PREFACE. THsfiictof a clergyman having been presented and tried is commonly received as prima facie evidence against him. A knowledge of the facts in tlie case can alone cor- rect or modify such unfavorable impression. In this belief, the following Presentment, Answer and Verdict are now printed for such as may receive ihcm. It is not the intention here to furnish a history, but an explanation. This, it l8 thought, will suffice to prevent some harslincss of judgment in a case that has been widely reported ; and save froBsi utter condemnation one who has not the heart to nar- rate in detail a history. wliich,'it is believed, would, beyond a peradventure, elTectually and forever vindicate him from reproach, because on ex parte statements alone, without a notice to the accused, and contrary to tlie Canon, three presbyters and two laymen of the Diocese of Illinois, who were known to be " not with" him, four of whom were, on very distinct grounds, esteemed partial in themselves, and had previously comjdained of him, one of whom had solicited of the Bishop a pros- ecution of him, and, at the same time, with others, had given a pledge for the costs at- tending the same, should it be granted, by appointment of the Bishop, presented him; and because tiie Bishop, who could appoint such a committee of investigation, employ counsel to prosecute the accused, declare him criminal, and, at the same time, wish to eit as a Judge to try him, and finally appear as a witness to sustain charges which him- self had caused to be preferred, entertained such presentment. The desire is to submit to some friends of the Church what rresenters alleged of the accused ; what there was really in their charges, and what they would have found to have formed their substance had they " examined the case" impartially ; and what the Court adjudged upon the same. Tliree authentic, un(niestioned papers— the I'resentmeut, An- swer, and Verdict of the Court— with those to which they refer, and which, therefore form a part of them, contain sufficient for tliis end. To do more, to narrate in full de- tails preliminary to and connected with the presentment and trial, would harrass anew one's feelings to such an extent as to render the attempt inexpedient, at least for the present; though a perfect record of all has been carefully preserved. May the follow- ing avert a measure of the disgrace and ruin which have been attempted! May tlic Spirit of God speedily brood over all passions that have been tumultuous, heal all di- visions, and subdue all, of every order, in the One Holy Catholic and Apostolic Church, to unity, love and i)cace. INTRODUCTION. Canons under wliich the Presentment tliat follows claims to liave been f^und and tried. Of Offences for which Ministers shall he tried and punished. Section 1. Every Minister sliall be liable to j)resentment and trial, for any crime or gross immorality, for disorderly conduct, for drunken- ncsijl^for profane swearing, for frequenting places most liable to be abused to licentiousness, and for" violation of the Constitution or Canons of this Church, or of the Diocese to which he belongs ; and, on being found guilty, he shall be admonished, suspended, or degraded, according to the Canons of the Diocese in which the trial takes place, until otherwise pro- vided for by the General Convention. Section 2. If any Minister of this Church shall be accused, by pub- lic nnnor, of discontinuing all exercise of the ministerial office without lawful cause, or of living in the habitual disuse of public worship, or of the Holy Eucharist, according to the offices of this Church, or of being guilty of scandalous, disorderly, or immoral conduct, or of violating the Canons, or prcacliing or inculcating heretical doctrine, it shidl Ije the duty of the Bishop, or if there be no Bishop, the clerical members of the Standing Committee, to see that an inquiry be instituted as to the truth of such public nmior. And in case of the individual being proceeded against and convicted, according to such ride or process as may be provided by the Conventions of the respective Dioceses, he shall be admonished, suspend- ed, or degraded, as the nature of the case may require, in conformity vrith their respective Constitutions and Canons. — Canon XXXVII. of the Geneial Convention. Of the Trial of a Clergyman, not being a Bishop. AVhenever any minister of this Diocese, not being a Bishop thereof, shall become "liable to presentment and trial," under the provisions of any Canon of the General or Diocesan Convention, the mode of proceed- ing in this Diocese shall be as follows, viz : Sect. 1. Whenever the Bishop shall have reason to believe, on information given by a major part in number of the Vestry of any Church of which the 'accused is a minister — or by any three Presbyters of this Diocese entitled to seats in the Convention — or from public rumor, as contemplated by section 2, Canon 37, of the General Convention,* that • Information was not given to the I'.ishop in tlic case now submitted in eitlier of the first two modes pointed out by the Canon ; that is, either " by a major part," or any part " of tlic Vestry of the Church of whicli tlie accused" was and " is" now '• minister ;" or "by any three Presbyters of this Diocese entitled to seats in the Convention." A let- ter of misrepresentation was addressed to him by eight laymen— four of them uncon- nected with the Church, three of them not regular attendants on her services, two only of them communicants — who, under the inliuence of a single master spirit among them, — a communicant, — whose motto seems ever to have been, "rule or ruin,'' in whoso way, iu effecting the diversion of certain monies raised for a specific object coiniected any clergyman is under the imputation of liaving been pruilty of any of- fence or misconduct, for which he is liable to be tried, and that the inter- est of the Church rcf[uires an investigation, it shall be his duty to appoint five persons, of whom three at least shall be presbyters, to examine the case ;* a majority of whom may make such examination ; and if there is in their opinion suflicient ground for presentment, shall present the cler- gj'man accordingly. Sect. 2. A presentment being made, in the mode above pre- scribed, the Bishoj) shall cause a copy of it to be served on the accused ; and shall also nominate eight presbyters of this Diocese, entitled to seats in the Convention, and not being parties in the presentment, and cause a list of their naxnes to be served on the accused, who shall, •within thirty days after such service, select five of them and notify their names in wri- ting to the Bishop; and if he shall not give such notification to the Bishop with the Church to another interest, he had suiiposed the accused to have stood, whose hostility was thereby provoked, and who. in coiiso;e as the aflirniation of ru- mor concerning hmi?" Their proceedings — against the spirit and letter of the Canon, and against the sen.se in which it was adopted, and in which it has invariably been act- ed on m the Dioceses of New York, from wlmse codes it was extracted, — and against the rules laid down by our Divine .Master, (.'^t. JIatt. xviii. 1.5 — 17,) which forbid one-sided and partial proceedings in such cases — were fx parte. They neither required nor re- ceived testimony. Rumor had satisfied their Bishop; why should it not have satisfied them? Nor weie they impartial ; for of them the '• master spirit," referred to in the preceding note, '• was a great part," acting among them as informant, ])rosecutor and pre- senter j and three others of them were, to say tlie least, •■ not witli'" the accused, — they, with the former, being at the time complaiiiants of him: — and, in consequence, their " ways" were " not ecjual,'" — they having allowed the opponents of the accused the lib- erty of communicating and being prc-ieut with them, and of giviuf^ in statements at pleasure, of which the accused was debarred ; and which in the civil cases to which it nas been claimed their duties were analogous, would have vitiated their entire ])roceed- ings. " In their opinion," however, — an opinion forn\ed under such circumstances, without " an enquiry as to the ti-utli" of what was alleged, without '• an investigation," without "an examination of the case." — there was •■ sutticient ground (or presentment,"' and they did " present accordingly." Their presentment is, therefore, to be viewed simply as the re-affirmation of rumor: as a return to the Bishop in solemn form — for it i8 really very solemn and imposing, like that after which it almost bears the appearance of having been fashion<-d— of just the information which he gave them at the outlet. He had committed to them the one-sided .story, which had given him prima facie '' leason to believe," &c. : tliey returned to him in the Presentment the same one-sided story, on the same authority on wliich he had at first received it ! Thus they accused, but. thanks to God ! the Court, acciinliiig to truth, found their accu.sations uusustained ; that the charges were false. (Sn Vinllrt.) How wholesome would be the rule relative to accusers embodied in one of the Canons of the Council of Constantinople, held in A. D. 3fr''cd Kith, will l>e considered by the Church as heathen and publicans" ■within the said thirty days, the Bishop shall select five ; and the presby- ters so selected shall ibrin a board for the trial of the accused, and shall meet at such time and place as the Bishop shall direct, and shall have power to adjourn from time to time, and from place to place, (but always within this Diocese,) as they shall think necessary. Sect. 3. A written notice of the time and place of their first meet- ing shall be served, at least thirty days before such meeting, on the ac- cused, and also on one of the persons making the presentment. Sect. 4. If at the time appointed for the first meeting of the board of presbyters, the whole number of five shall not attend, then those who do attend may adjourn from time to time ; and if, after one adjournment or more, it shall appear to them improbable that the whole number will at^ tend within a reaasonable time, then those who do attend, not being less than three, shall constitute the board, and proceed to the trial, and a ma- jority of them shall decide all questions. Sect. 5. If a clergyman presented shall confess the truth of the facts alleged in the presentment, it shall be the duty of the Bishop to proceed to pass sentence ; and if he shall not confess them before the appointment of a board for his trial, as before mentioned, he shall be considered as de- nying them. Sect. 6. If a clergyman presented, after havlug had due notice, shall not appeal- before the board of presbyters appointed for his trial, the board may nevertheless proceed as If he were present, unless for good cause they shall see fit to adjourn till another day. Sect. 7. When the board proceed to the trial, they shall hear such evidence as shall be producied, which evidence shall be reduced to writing and signed by the witnesses respectively ; and some officer, authorised by law to administer oaths, may, at the desire of either party, be requested to administer an oath or affirmation to the witnesses that they will testify the truth, the whole truth, and nothing but the truth, concerning the facts charged in the presentment. If on or during the ti'Ial, the accused shall confess the truth of the charges stated In the presentment, the board may dispense with hearing further evidence, and may proceed at once to state their opinion to the Bishop as to the sentence that ought to be pronounced. In regulating the admission, and in determining the effect of evidence, the board shall be governed by the practices and principles of courts of law and equity in analogous cases. Sect. 8. Upon the application of either party to the Bishop, and it being made satisfactorily to appear to him that any material witness can- not be procured upon the trial, the Bishop may appoint a commissary to take the testimony of such witness. Such commissary may be either a clergyman or a layman, and the party so ajiplylng shall give to the other at least six days' notice of the time and place of taking the testimony ; and if the person on whom the notice shall be served shall reside more than forty miles from the place of examination, an additional day's notice shall be given for every additional twenty miles of the said distance, and both parties may attend and examine the witness, and the questions and answers shall be reduced to writing and signed by the witness, and shall be certified by the commissary, and enclosed under his seal, and trans- mitted to the board, and shall be received by them as evidence. A wit- ness examined before such commissaiy may be sworn or affirmed in man- ner aforesaid. Sect. 9. The board having deliberately considered the evidence, shall declare in a writing signed by them, or a majority of them, their de- cision on the charges contained In the presentment, distinctly stating 6 wbetlier the accused 13 guilty or not guilty of 6uoh charges rc^pectivelt, ami also stating the sentence which in theiropinion should be pronounced ; and a copy of such decision shall be without delay conimunicatt^d to the accused ; and the original decision, together with the evidence, shall be delivered to the Bishop, who shall pronouncc'such canonical sentence ax shall appear to him to be proper, provided the same shall not exceed in severity the sentence recommended by the board ; and such sentence shall be final. Before pronouncing any sentence, the Bishop shall sum- mon the accused, and any three or more of the clergy, to meet him at such time as may in his opinion be most convenient, in some church to be designated by him, which shall for that purpose be open at the time to all persons who may choose to attend, and the sentence shall then and there be publicly pronounced by the Bishop. But the JJishop, if he shall be satisfied that justice requires it, may grant a new trial to the accused ; in which case a new board of presbyters shall be appointed, the proceedings before whom shall be conducted as before mentioned. Sect. 10. All notices and papers contemplated in this Canon may bo served by a summoncr or summoners, to be appointed for the purpose by the Bishop, and whose certificate of such service shall be evidence there- of. In case of service by any other person, the fact shall be proved by the affidavit of such person. A written notice or paper delivered to a party, or left at his place of residence, shall be deemed a sufficient service of such notice or paper. And in case there is reason to believe that a minister, against whom any ecclesiastical proceeding has been instituted, has departed from the United States, or that the place of his sojourn can- not be conveniently ascertained, then it shall be suflicient to have a copy of the citation published three times in some newspaper printed at the seat of government of the state in which he last resided, and also three times in some newspaper printed at the scat of government of the state in vrhich he is cited to appear, at least six months before the day of appear- ance. Sect. 11. The defendant may have the privilege of ajipearing by counsel ; in the case of the exercise of which privilege, and not other- wise, those who present shall have also the like privilege. Sect. 12. The necessary expenses incurred in a trial under this Canon shall be reported to the ensuing Diocesan Convention ; and when audited under its direction, shall be paid by the treasurer of the Diocese. Sect. 13. Canons XIV. and XV. of 1838 are hereby repealed. — Canon I. o/1815, oflhe Diocese of Illinois, — adopted., with verg slight inodi- Jicalio.n,from the Codes of the Dioceses of Netc York: I. PRESENTMENT. To the Right REVERENim Philander Chase, Bishop of the Diocese of IlUnois : .The undersigned, Ezra B. Kellogg, Rector of St. James' Church in Chicago, Charles J. Todd, Hector of the Parishes of Christ Church, JoUet, and St. John's Church of Lockport, William Allanson, Rector of St. Paul's Church in Batavia, Sjiitii J. Sherwood, layman of Trinity Churcli in Chicago, and Gurdon S. Hubbard, layman of St. James' Church in Chicago, all in the Diocese of Illinois, do hereby under and by virtue of the authority vested in us by the appointment of the Bishop, made in conformity with the eanon of said Diocese, in such case made and provided, respectfully represent that the Reverend William F. Walker, Rector of Trinity Church in Chicago, in said Diocese\ of Illinois, has been accused of gross immorality and scandalous conduct in the several specifications hereinafter more particularly set forth, contra- ry to the Canons of the Church in such case made and provided, and to the ordination vow of said William F. Walker — Article 1st. — The said Board presenting as aforesaid do here- by present and allege, that said Rev. W. F. Walker, at a meeting of the Vestry of Trinity Church, held on the seventh day of April, in the year of our Lord one thousand eight hundred and forty-six, he then being Rector of said Church, did pledge his word, that at the annual election on the ensuing Easter for officers of the Church for the year 1846, he Avould allow no person to vote at said elec- tion that the Vestry or any of them should object to, but that at said annual election the said Rev. AV. F. Walker acted as chairman and judge of the same, and did wilfully, wrongfully, and contrary to his said pledge, so made at the said Vestry meeting, receive the votes of mmibers of persons not entitled to vote, contrary to objec- tions of said Vestry, or some of them, openly made at said election, whereby the said W. F. Walker committed wilful and malicious falsehood, contraiy to his duty as a minister and his consecration vows, and to the scandal and injury of the Church — Article 2d. — The said Board do further present and allege that during the connection of said W. F. Walker with Trinity Chiu'chj he, the said Walker, was accustomed to call the stated 8 meetings of the Vestry of said Church, to be held on the first Tues- day of each and every month, in the Vestry -room of said Church — that the said Walker had refused to call the regular meeting of said Vestry to be held on the Tuesday of INIarch in the year of our Lord one thousand eight hundred and forty-six, and that in conse- quence tliereof, said regular meeting of the Vestry of said Trinity Clmrch was called by the Vestry in accordance to the By-Laws of paid Church, in the office of Mr. L P. Hatfield, to be held at three o'clock in the afternoon of that day — tliat pursuant to said call, after most of the members of said Vestry had assembled at Mr. Hat- field's office at the time api)ointed, about ten minutes after three o'clock a note was received from Mr. Walker addressed to the Ves- try, stating that the Vestry-room of the Church was the proper place to hold the meeting, and tliat he would meet them there to preside at three o'clock — upon receipt of said note, the said Vestry did thereupon proceed to said Vesft-y-room, when and Avhere they found the same locked and the key gone, and further that the said Walker was not present, nor, so iar as they could learn, had he been there, nor did he afterwards or at that time appear or attend the same ; on account of which said misrepresentation the said Vestry •waiting a reasonable time for the arrival of said W. F. Walker, came to order in the vestibule of said church, did adjourn — which said conduct the said Board present as contrary to his ordination vow in that behalf, and to the scandal and injury of the Church — Article 3d. — The said Board do further present and allege that on a certain Sunday, sometime on, or about the last of Septem- ber in the year of our Lord one thousand eight hundred and forty- five, immediatel}' after service in the afternoon of that day, the Rev. W. F. Walker, then Rector of said Trinity Church, proceeded mto the country for the professed purpose of holding divine service — that on said Sunday the said W. F. Walker did take into the coun- try his gun and hunting dog — that afterwards when said Wm. F. Walker was asked if he did take his dog and gun into the country on Sundays as aforesaid, said Walker openly, falsely, and distinctly denied the same — which said conduct of the said William F. Wal- ker the said Board present as contrary to his ordination vow in that behalf, and to the great scandal and injury of the Church — Article 4tb. — Tlie said Board do further present and allege, that some time in the month of July in the year of our Lord one thousand eight hundred and forty-five, on, or about the time of the visit of the Bishop of said Diocese at Chicago, the Reverend Wil- liam F. Walker, then being Rector of said Trinity Church, did state to certain persons, members of said Church that he had re- ceived a letter from the Bishop informing him, the said Walker, of his, the said Bishop's, intended visit to Chicago, and at the same time requesting one of said persons to entertain, at said person's house, the Bishop when he should come — that after said Bishop had made his said Aasit as aforesaid, the said Wm. F. Walker did in the presence of various persons, members of said Trinity Church publicly, openly, falsely, and wrongfully deny that he had ever re- ceived any notice or letter from the Bishop as aforesaid, informing 9 said Wm. F. Walker of the BL-^hop's intended visit as aforesaid^: — whicli said conduct of said Wm. F. Walker, the said lioard do pre- sent as contrary to his ordination vo\v in that behalf, and to the Bcandal and injury of the Church — '•1 Article 6th. — And the said Board do further present and al- lege that on or al)out the first day of July in the year of our Lord one thousand eight hundred and forty-four the Bishop of said Dio- cese of Illinois was on a visit to Chicago, being then on liis way to the East — that on or about said first day of July the Bishop left Chicago on said journey, and that soon after the Bishop left as aforesaid, the said Rev. Wm. F. Walker did pubhcly, openly, and knowingly state to various persons, membej-s of Trinity Church aforesaid, and others, that the said Bishop did i\'hilst on the boat on the eve of its departure, cordially and affcctingly embrace him, the said Wm. F. Walker, then being present, and did then and there state to him, the said Walker, that the said Bishop was con- vinced that the charges then recently made against him, the said Walker, by the members of St. James' Church in Chicago, were made out of a spirit of persecution — that he, said Bishop, had suf- fered such trials, and that he, said Bishop, Avould write him, said Walker, a letter when he arrived at Detroit that Avould be to his, said Walker's, heart's content ; that said Wm. F. Walker, further publicly, knowingly and falsely stated to various persons members of his Church as aforesaid, that said Court of Inquuy, above men- tioned, at St. James' Church had failed to find any charges against him, the said Wallvcr ; and further, that said Walker did pubhcly, openly and knowingly state that said Bishop did not write to him, said Walker, any such letter as he, said Bishop, had promised to write — all of which declarations of said Walker the Board do present as fixlse, untrue and malicious — which said conduct of the said Wm. F. Walker the said Board do present as contrary to his ordination vow in that behalf, and to the scandal and injury of the Church aforesaid — .- <'i Article Gth. — The said Board presenting do further present and allege that on or about in the year of our Lord one thousand eight hundred and forty- that said WiUiam F. Walker then being Rector of said Trinity Church, did in company with William Stuart and James Glass, go into the country for the pui*i)osc of hunting ; that said Walker took with him at the time of said excursion, a bottle of wine, that said Walker did at the time drink of said wine, and offered the same to the said Stuart and the said Glass, and at the same time did advise the said Glass, though being a young man and a member of the Temperance Society, the said Walker well knowing the same, to drink said wine, saying that it c^uld be no violation of his pledge as no water was at hand — on account of which, the said Glass ■ taking the advice of said Walker, did drink of said wine — wliich said advice the said Board do present as being unjust, improper . and immoral — which said conduct was contrary to the ordi::ation vow of the said Walker, and to the scandal and iniury of the Church^ 2 . 10 Article 7th. — The said Board presenting, do further present and allege that on the nineteenth day of January in the year of our Lord one thousand eight hundred and forty-six, that the Rev. W. F. Walker, then heing Rector of Trinity Church aforesaid, was called upon hy Isaac P. Ilathold Treasurer of Trinity Church aforesaid, for an account of the ofl'erings received by him on a Sunday morning previous, to wit, on the eleventh day of January A. D. 1846, which said account he refused in anger to give, saying that the money was his own and that he would do with it as he saw fit, and that he, said Hatfield, must not say. *' must" to him, said Walker, for any one who says " must" to me insults me, and any one who insults me in my own house, may walk out of it ; on account of which language of said Walker, said Hatfield left the house much grieved — which conduct the said Board do present as contrary to his ordination vow in that behalf, and to the scandal and injury of the Church aforesaid — '■ \ Article 8th. — The said Board presenting do further present, that on or about Epiphany Sunday in the year of our Lord one thousand eight hundred and forty-five, the said William F. AYalker t then being Rector of Trinity Church, did on said Sunday, being-') Communion Sunday, preach a sermon unsuitable to the occasion, not having in view the celebration of tlie Communion aforesaid, but seemingly for the purpose of bringing to task the ladies of the Sew- ing Society, as was by them supposed, for not having appropriated the monies belonging to said Society as he, said Wm. F. Walker, 1 had desired — -inconsequence of which said sermon several mera*i I bers of said Trinity Church did absent themselves from the Commu- nion, feeling scandalized by said sermon, and which said sermon was the cause of offence to many persons, members of said Church — that said William F. Walker has not made any explanation or re- - traction of said sermon, nor has made any inquiries into the cause! of said members absenting themselves from the Communion since said sermon — whicli said conduct was contrary to liis ordination vow, and to the scandal and injury of the Church — Article 9th. — The said Board presenting do further present' that on or about the month of July in the year of our Lord one thousand eight hundred and forty-five the said Wm. F. Walker then being Rector of Trinif}^ Church did publicly avow, declare • and state that he said Walker did see the Bishop v.hen, and at the time of his arrival in Chicago, and added that he. believed he would go into the country and that said AValker did go into thf> country at that time ; said Wm. F. Walker did not call on the Bishop du- ' ring his said visit, and did not invite the Bishop to consecrate Trinity Church, or confirm those whom he reported of his Parish at the Convention in Springfield of the year A. D. 1845 as being ready for confirmation—which said conduct the said Board do pre- sent as contrary to his ordination vow, and to the scandal and in- jury of the Church — Article 10th. — And the said Board presenting do further pre-' sent and allege that on or about the month of May or September in the year of our Lord one thousand eight hundred and forty-five, 11 the said Williiuii F. Walker then being Rector of Trinity Cimrch did in tiie store of Jacob ilu^sell iu baid city of Cbiciigo have mixed for him some brandy and sugar, giving as an excuse, sick- ness, tliougli said "Walker appearijd well tuid in high spirits — that at same time said William V. Vv^alker being told that a certain man, his name being mentioned, formerly a friend of Mr, Walker but then au enemy, was carried home drunk a few evenings previous to this time from the Lake House a hotel iu said city of Chicago, did instantly reply that he was glad of it, indulging in a loud and hearty laugh at the same time — that the said Walker did then immediately change his manner and add that he meant he was glad that he had such veiy good friends to carry him home — all of which said con- duct the said Board do present as contrary to the ordination vow of said Wm. F. Walker and to the scandal and injury of the Church— i> * ■"■ Article 11th. — And the said Boai-d presenting do further pre- sent that on or about the month of August or September in the year of our Lord one thousand eight hundred and Ibrty-five, the said Wm. F. Walker then being Rector of Trinity Church, did in a certain transaction of business with one Silas B. Cobb in the said city of Chicago, in an angry and passionate manner intimate to said Cobb that he, said Cobb lied, but that said Walker did af- terwards retract his words, stating that he, said Walker was prob- ably mistaken, and wished the matter forgotten — which said con- duct said Board do present as contrary to the ordination vow of said Walker, and to the scandal and injury of the Church. All of which we respectfully present. (Signed.) EZKA B. KELLOOa, Ufccor of St. James' Churcli iu Chicago, CHARLES J. TODD, Eactor of the Parishes of Christ Church, Joliet, und St. John's Churcli of Lockport, WILLIA^M ALLANSON, Kector oi St. FaiiTs Church, Batavla, SMITH J. SHERWOOD, Layman of Trinity Church, Chicago, GURDON S. HUBBARD, -f*' ■■ Layman of .St. James' Church, Chicago. "This paper"— the forc^'oiuj,' Presentment— printed after the copy to a point— to- gettier with a •' uotico of taking te:?taniouy''— the depositions of certain uidividuals— ^ toucliing the charges ai;d specitications agair.st the accused, was " served" on him ''May 14th, 184*;," by a •■ Cornniissary" duly appointed. Before that -'Commis.-ary" about three weeic's were sr.eiir. at a cosr of time and trial to the accused, who had the '■ li'jorty to be present and cro.ss-exaniine the witnesses," suclt as may be neither named nor estimated. In the mean while. Galena was designated by the Bishop as the place, and the latter pai-t of June— the month following- as the time, of trial. The accused, anxious for the is.sue, a\ itli his Counsel and a witness, made the jouiney of crossing the State by stage, and was present punctually at the place appointed. It was, however, iu vaiii: 110 Canonical Court was organized, though imploringly sought; of coursCj no trial was had. It was urged by the accusi'd, that he had macTe every preparation for a trial at that time; that he had been atgieat expense in procuring testimony and ob- taining Counsel for the pui-pose ; that to iiieet tiiif? expense he had been forced well nigh to take the necessary bread from his family ; that he could not endure the cost of a new preparation for auotlier time and place; that all things were then leady ; that the peace of himself and family, which had been long distui bed by a threatened prose- cution on the part of the Bi.-hop, recjuired ihur a hearing should then be granted him and the end be met ; and that his reputation, •■ already very much injured," as the Bish- op had said, and likely to suffer more and more by every day's delay, and ths interests oihii pariih, latl though by no mcan= le.^st to be coiioideied, demanded it. gtill th8 12 trial was ilelerrcd I'or two mon11>s then fo como, and the place clianged to Chicago; circuiiistiinccff :i3 clearly gijjnilicant ol" tV;eliiif;;s toward the acciis^d on the part of Iiis Chief l'uslor,as had been his! course I'or the two yearti prcccdin;;, and as they were known to be harassing to the accused and distressing to his friends. This will be understood end appreciated, when facts are stated to which the concluding paragraph but one of the note on the following page refers. The names of the members of the " Koard of Trial" present are given in the Answer. The accused proposed that neither himself nor the presenters should aii])ear by Counsel ; ,but in this he was overruled as regards the presenters, lie, in consei|ueuce, felt it to bo due to himself to avail himself of the services of a portion of those members of the Chi- cago bar who, having sympathised with him in his trials, and, in a sj)irit of magnanim- ity and charity which may not be uttered, had considered him in his low pecuniai-y estate, and attached themselves to his cause, because they rcgardsd it as that of one un- reasonably oppressed and persecuted It was so freely and fre<(ucntly denied by opjionents. during and subsequent to the trial, in the face of declarations made by the Counsel themselves, that their servicea were really gratuitous, as to cause the accused to deem it a duty to jjublish the follow- ing, which he did in the Chicago Daily Journal. It is inserted here for a two-fold pur- pose, to wit: l.st, to witness to the fact referred to ; 2d, to furnish the oi)inion of able Jurists, to whom the case was open, and who were thoroughly conversant with it, re- epecting it. — Cmc.iGO, Sept. 14, 1846. Messrs. .Wilson ^' Geer : Dear Sirs.— Now that my case hashecn terminated by the finding of the Ecclesiasti- cal Court, which you have announced, it seems to be due that the following correspon- dence should be given to the public. Declarations, touching the matters wliich it cov- ers, having been conlidently made in certain quarters, justice requires that the truth should be given as a rebuke to their presumi)tion. "When will the unmeiciful come to comjireliend the spirit of mercy? the unforgiving the temper of forgiveness .' the suspicious and rancorous the habit ot' trust and charity ? That the good in this case may not be evil sj/oken of unknowingly, is the object of ■ this publication. Yours faithfully, W. F. WALKER. Chicago, 1st September, 1845. Rev.W. F. Walker: Dear Sir,— From the time that we became professionally interested in the charges pending before the Ecclesiastical Court now in sessicm here, we were of opinion that they originated in iierseeution. The evidence already adduced has satisfied us of the correctness of that opinion. Vi'e, therefore, from a .-ouse of the duty we owe to youi'self, and from respect to your station as a Christian minister, beg to say, that our services, past and to come, are freely tendered to you. Trusting that you will long remain in our city. We remain your obedient servants, J. A. McDOUGAL, 1'. l?ALLIN(iAJJ>, JK^.SE B TllUiMAS, J. ItUlTKKKIELD, J. J. BKOWM. To the Hon. Messrs. J. A. McDovgal, Jesse B. Thomas, and J. Buturjidd; and Messrs. P. Bntliii^nU, and J. J. Bnnrii. Es(/rs Very Dear Sirs, — Y our polite iind more than kind note of to-day prompts an imme- diate, cordial, and thanktul acknowledgment. To be so ■' remembered' ju " mercy, in the midst of seeming "judgment." inspires emotions for which 1 may not attempt to find expression. IMay the Almighty Lord reward your generous interest with Ilis blessing, and grant tjiat " inasmuch as you have shown it to one of the least of those" whom he is pleased to own as •■ lirelhren," it may be accounted as '• done unto llim- self!'' The opinion entertained by you from the time that you became jirofesfionally con- cerned in the charges against me, of which your note informs me, viz. " that they orig- inated in ])ersecution" — of the correct no.-is of which, you say, the evidence already ad- duced, which has been that of the presenters only, aiid is tliat which is relied upon by them to maintain their cause, has satisfied you— is very comforting to be assured of, and will alleviate in a quarter for which concern is deeper on my part than for myself. From that (piarter, I can safely say, will fervent prayer ascend for you, and holiest thanksgivings be i)Oured out for tiie tender consideration which your note bespeaks. Together, we feel that '• we have no might against tliis great company that cometh against us, to cast us out of God's possession, which he hath given us to inherit ; neither know we what to do; but our eyes are uponllim;" and to you, under llim, is our cause entrusted, confidently and hopefully. Should we be brought safely 1 hrough this intensely "healed furnace," we shall doubt- less remain, should it so please, while God shall spare us, or till duty shall elsewhere call, still in this city, pursuing, though faint, the line of our duty ; and seek to build agam, with a faitli and energy quickened by chastisement, the places that by this storm shall have become wasted orbeiiten down. To know that, while we may rcninin, that we sliall share in your confidence and re- .eards, will, gentlemen, be very inspiriting under trial, very encouraging in the path of duty, and give a fulness of hope in all the changes and chances that may befall us. In duty, in gratitude, and in love, I am, gentlemen, ever yours, W. F. WALKEK. i' .'t'llicago, Sept. 1; IS 16. ANSWER.* To the Rev. Messrs. Dresser, Gitldinge, Do Pui, and Darrow, now sitting as a Board for the trial of the undersigned, on two several Presentments — one of 18445 the other of 1846 — in Trinity Church, in this city : Dear Bretiirkx — The undersigned, respondent in the case now before you, begs leave to submit the following, loucliing the several charges and specifications in the Presentments above noted, as his answer to the same. " Not guilty in the form and manner charged," was the general plea of the respondent at the opening of this case. lie now pro- poses to make a particular ansAver to each specific allegation against him, beginning with the Presentment of 1846. I. With respect to article I., in that Presentment, the respond- ent avers, that at the " meeting of the Vestry of Trinity Church" therein referred to, " he did" not " pledge his word that at the an- nual election on the ensuing Easter for officers of the Church for * It was the right of the accused to offer this ans-wer in evidence. Thi.s, however, was not done ; it was simjily read as tlie explanation of the cliarge.s embodied in tlie Pre- sentment, at the conclusion of the ca.se, and this with tlie explicit understanding that the Counsel for the presenters might reply to it should they see lit. No portion of it having been questioned by them, the wliole was considered as admitted. It will be seen that the tinding of the Court fully sustains it. It may be here stated that, at the opcnin;;'of the case, on the trial, exception was taken to the Presentment, in the form of a motion to quash it, on the ground that the whole of the proceedings connected with the finding of it, were a dcpaiFture from the Divine Law, from the laws of the Church, and from those wise and .just regulations that govern in all analagous cases in this country and elsewhere, wherever individual rights are regarded, — wherever there is a ju,st sense of the responsibility of proceedings involving interests corresponding with those which were depending in this case, — and in these several particulars, to wit: 1st, In that it ^va» er parte. — the accused not having been allowed to meet the pre- senters and confront his accusers, either to rebut or explain what was alleged ; 2d, In that it was not founded ou evidence, but on the simple unsupported statements of hostile parties ; 3d, In that the presenters were not impartial, but the reverse, and were therefore dig- qualified ; 4th, In that parties and witnesses opposed to the accused were permitted freely to communicate with the presenters, and to be present during their session, at pleasure, and that while one or another was retailing his or her story. These points having been raised, and sustained by what was deemed competent au- thority, the accused withdrew his motion, and asked to be tried both on the Present- ment of 1846, and on that of 1844, to which reference is made in the former and in the Answer, which had been dead more than a year , but which, by ardent cherishing, had been made to possess a seeming life, till IMoiiday, Aug. 24, — the Festival of St. Barthol- ontew I — when its most staunch maintainer, the Bishop, was forced to enter a nolle prosequi, as he termed it, in that case. That paper will appear in its order in the Ap- pendix, which will embrace all the papers referred to in the Answer as on the files of the Court. The names that are introduced in this Answer, and in the papers connccled with it, Jiad become familiar to the Court. 14 the year IS-iG, he would allow no person to vote at said election that the Vestry or any ot" them should object to ;" and that he could not have so pledged himself, because he never supposed that it was Avilhin his power to say who should or who shfjuld not vote ; but that what he said was in substance, and nearly in words as tbllows : " The Vestry is the creature of the congregation, and for executive purposes only ; and therefore may not control the superior body, or go bej'ond either the source or limit of its power ; — the Canons of the Diocese provide that '' the parishioners of each church shall elect a Vestry ;" by the statutes of Illinois the members of any religious society or congregation may vote ibr Trustees in the so- ciety or congregation to wliieh they respectively belong ; — who are parishioners according to the Canon, or members of the society or congregation, according to the Statute, must be settled by each con- gregation for itself, as is done in legislative bodies in determining the right of members, when contested, to seats. Such is the way in which other religious bodies conduct their elections, for all are organised under one and the same genei'al law. I do not believe that the members of this congregation are worse than others, — in- deed, such is my conlidence in the members of Tiinity congrega- tion, that I would not hesitate to pledge myself that no one will of- fer to vote who shall not be considered a legal votei"." And, in re^ ply to the question addressed to him by some member of the Ves- try, " Who would you consider a ])arishioner, or member of the the congregation ?" the respondent added, "■ One who attends the church and hails from it as his place of worship ; — such is the way the matter is determined in IS'ew York, and I believe prop- erly." The respondent further a\ ers, " that at said annual election" he did not act " as judge of the same," or " receive the votes of num- bers of persons not entitled to vote," nor of any person or persons whatever. By resolution of the congregation he was called to the chair ; on the taking of which, after the election of a Secretary, Mr. C. Holland, he invited Dr. Maxwell and Wm, Stuart, Esq., to sit "with him as Assessors, and act as Tellers ; — the former gentleman ,not being present, Mr. Jacob Russell was invited to his place. The election then proceeded according to rules adopted by the congre- gation at the time, and without the agency or iitterference of the respondent, except in two instances ; — one, that of Thomas Brown, who, though a parishioner Avho had contributed towards the build- ing of the church edifice and the support of the Rector, had not so attended on the services of the church as to i)ut his vote beyond question ; and, as it Avas understood that he would vote according to the respondent's interest, he thought proper to say to him that he had better not vote, &c., which at first rei)elled him, but he af- terwards claimed his right, and, under the rules prevailing, voted. The other Avas that of Charles Torode, a communicant of the church at a station Avhere the respondent has peiibrmed some mis- sionary duty, seventeen miles in the countiy, but not a member of Trinity parish or congregation ; he had been in the church but once, it is believed, since Christmas, 1844, and claimed no rights in it. His name is on the Records of the respondent, it is true ; but so are the names of all to whom he has ministered at ditierent sta- tions 5 and this because at those station; no parishes had been or- 15 ganized, and consequently there wa,s no Register at either of tliem ; therefore Canon viii. could be fulfilled onlj^ by making the required entries in the Register of Trinity Church. Mr. Torode was under the spiritual oversight of the respondent, tliougli not his parisli- ioner. When Mr. Torode walkeil up the aisle, the resjjondt^nt con- jectured that he might be coming forward to vote, under a misap- prehension of his rights; and not knowing, then, or even now,' whether it was his intention, if lie voted at all, to vote according to or opposed to the respondent's interest, the respondent admon- ished him that he was not of the parish, and could not rightfully- claim to vote.* Sucli is the answer of the respondent to Article T. i IT. With respect to Article IT., the respondent allows, that du-' ring his " connection with Trinity Church he was accustomed to call the stated meetings of the Vestry of said Church to be held on the first Tuesday of each and every month in the Vestry-room of' said Church ;" — but that he " had refused to call the regular meet- ing of said Vestry on the Tuesday in March" last, he denies ; also ! that any *' meeting was called by the Vestry in accordance to the By-Laws of said Church." *The ofBeial record of the proceedings at the election referred to, certified and sworn to by the Clerk, is as follows : Easter Monday, April 13, 1846. After morning prayer by the Rector, the male members of the congregation of Trin- ity Church organized a meeting for the purjioso of liokling tlie annunl election of Trustees of said Chiircli, and Church Wardens and Vestrymen, for the current year, ' pursuant to prievous determination. On motion, the Rector was called to the Chair, who, on taking his seat, called tlie meeting to order, and invited >Iessrs. Jacob Russell and William Stuart to sit with him as assessor.?. Jlessrs. Russell and Stuurt complied, and took their seats accordingly, one on either side of the Rector. On motion. C. Holland was elected Clerk of the meeting. S. J. Sherwood then mov- ed tlie following lesolution, which was seconded. Resnlvd, That the election shall bo conducted as follows : That the votes shall be re- ceived in two liats ; in one shall be put all the unchallenged votes; in the other, the votes that shall be cliallenged ; and six persons shall be choseuj three from each party, who shall be judges of the election, and decide on the admission of the challenged votes. Whereupon C. H. Larrabee, Esq., moved as an amendment, to be inserted in the above, immediately after the word Resolved, that the election shall proceed as the meet- ing is at present organized ; and that the following questions shall be addressed to each voter wlio may be challenged, an aflimative answer to which shall be necessary to entitle tlie iiulividual to vote. QcESTiox 1st. Are yon twenty-one years of age? Question' 2d. Do you ijrotess to belong to the congregation of Trinity Church? ' The amendment of Mr. Larrabee wa.s seconded and carried. The election then pro- ceeded, Jacob Russell receiving the votes, Wm. Stuart propounding to those whose votes were challenged the above questions. All who were present having had an op- • portunity to vote, the polls were, on motion, closed. The a.ssessors, Jacob Russell and \Vm. Stuart, counted the votes cast, and announced the result of the election to be as' follows : Whole number of votes,cast, sixty -live ; forty-five* of wliich were for the foJ- ■ lowing : Geore Davis. | AVird^nq C. R. Vander Cook, j ^^ araens, Daniel Elstou, 1 Isaac Dike, Herman Warner, i Trustees. Horatio O. Stone, (• Vestrymen, ) E. J. Hamihon, | I ' Carlton Holland, I I Obadiah Jackson, J j Who were accordingly declared duly elected. On motion the meeting adjourned. (Signed,) CARLTON HOLLAND, Clerk. Records of Trinity Church. ♦This vote would have been 53, but for the necessary absence of eight persons like minded. The Court seem to have thought that the respondent should not have been present at the Easter election ; hence their hnding, if censurable at all, that he was " censurable only for having any thing to do with all election under such circumstances." The re- spondent would respectfully submit that there is room for an honest difference of opin- ion on this point. 16 The By-Laws of the Vestry of Truilty Churcli provide that " stated meetinijs of the IJonrd shall be held on tlie first Tuesday in each month ;" but of the time and place at which such meetings shall be lield they make no mention.* After the completion of Trinity Churcli, the Vestry-room of said church became the " ac- customed" place of holding Vestry meetings ; and the time was in- variably fixed by the respondent, unless defined by an adjourn- ment, of which the members of the Board were notified by the Clerk, under the direction of the respondent, by means of certain printed notices furnished him for tlie purpose. Tlnose notices were never issued by order of the AVardens and Vestry, either or both, either collectively or individually ; [nor, " in accordance to the By-Laws," could a " meeting" be " called by the Vestry," but in the absence of the Rector.] From September to March no meet- ing of the Vestry was held ; — there being no business demanding their attention, they did not come together. On the first Monday in Mai'ch, in the afternoon, the Clerk o' the Board called on the respondent, as had been his custom, to learn for what hour of the next day the Vestry meeting should be notified. The respondent told him not to issue notices tiU he should hear from him. During that evening the Sen. Warden of the Church informed the respondent that he was engaged in the Court of which he is Clerk, and that he could not therefore attend a Vestry meeting ; that himself and some members of the Vestry did not tliink a meeting at that time necessary, or even expedient, and, therefore, he was of opinion that no notices should issue. On the morning of Tuesday, a note was sent to the Clerk of the Board to this etfect.f Thus the respondent rested until 2 o'clock P. M. of ithat day, when, while at the dinner table, a notice was put into his ijbands of a Vestry meetmg proposed to be held at 3 o'clock then following, at the office of I. P. Hatfield, and purporting to have been issued and signed by the respondent.* William Stuart, Esq., who had received a similar notice, called upon the respondent at that instant. Surprised at the extraordinary attempt thus made to get the Vestry together, not only not in recognition of the Rector, but in opposition to the expressed pleasure of the .Sen. Warden and a majority of the Vestrymen ; indignant at the imposition which it was evident was sought to be practised by causing the no- tices to issue as from the respondent, to bring together those who thought a meeting not necessary, as though the respondent finally desired it; hurt by the unwarranted and unprecedented liberty which had been taken with his name in subscril)ing it to the no- tices without his knowledge, and against his expressed will ; pained .by the insult, as it was deemed, of making the appointment for Hat- field's office, a place to Avhich it was well known the respondent could not go ; and grieved at what was supposed to be an effoi't to inflict upon him uijury and wrong, almost unwarned, Mr. Stuart and the respondent together framed a note to the Jun. Wai-den of the Church, W. li. Adams, protesting against what was conceived to be an outrage upon right, propriety and duty, pronouncing the notice for the Vestry meeting a forgery^ stating that the Vestry- » Appendix, A. t Apppndix, B. J Appendix, C 1'7 toom was the proper place for holding Vestry meetings, as the pre- sentment itself alleges it was the " accustometl" plaee, and saying that he should be there at three o'clock. &c.* This note was submit- ted to the Sen. Warden of the Churcli, by whose approval it was sent, agreeably to its address, a few miniites before three o'clock. The respondent then left Messrs. Davis and Stuart, — Avho said they should not go to the meeting at all, .and that those Avho had sought to get it up would accomplish their purpose at Hatfield's and would not go to the Vestry-room, — and Avent immediately to the Church and Vestry-room. There the respondent remained until about twenty minutes past three o'clock, when he locked up the Church, returned to his house, made some alterations in his dress — by whii-h means the key of the Church, which had been in his pocket, M-as throAvn uiwn the bed in his bed-room — and went, quickly as possible, to call on Mrs. Coon, a sick parishioner and comiuuni- cjuit, who had previously sent for him. When the respondent re- turned to his house, it was twenty-five minutes pa-st three o'clock by the time in the house, — Avhich was usually that of the bell,— and when he left it for Mrs. Coon's it must have been aljout half-past three. It was remarked to the respondent by his little daughter, while he was dressing, after his return from the Church, that Mr. Jacob Eussell had gone by on the walk; and, soon after, that he had re- turned and gone towards home. When the respondent Avent out, he saAv neither Mi*. Russel nor any of the Vestiy. The respondent denies that he had any design to elude the Vestry at the date referred to. On the contrary, he had, on the morning of that day, expressly offered to Mr. W. H. Adams to call a meeting of the Vestry for that afternoon, if it Avas desired. He Avas per- fectly Avilling and ready both to notify the meeting and to' meet the Vestry, properly convened. Hence his declaration that he Avould be at the Church at three o'clock, in tlie note to Mr. Adams. [That he Avould be at the Chin-ch at half past three, or later, be- fore whrch the Vestiy could not have arrived there, he did not say. That he was not there, agreeably to the tenns of his note, at thrpe o'clock, Avas conjectural only Avith his opponents ; and he av«rs^>aa he has proved, Avas not according to truth.Jf ' "■'■"'' "' "' ■' ' ■" ■ '" Such is the ansAver of the respondent. to Article IT. ' HI. With respect to Article III., the respondent begs leave to sub- mit, though said article has not been tried,J a full denial of the al- legation, "that on a certain Sunday some time on or about the last of September, in the year of our lord one thousand eight hundred and forty five, immediately after service in the afternoon of that • Appendix, D. ^^^,1 t If one were to bo extreme to mark in all, things corresponding with tl>e allesjations in Article 2d, which might seem to bu amiss, who might not be accused ? In iilustra- tion, it may with propi iety be a^ked, whether the. jiishop laid himself- q\h!v\ to pre- fentnieiit by appointing the basoment of 6t. James' f'nurch bf theplace^ and 9 o'clock A. M. of AVednesday, August 26th. as the time, for the trial nf the respondent, when and where he declared he would "be present and preside as Moderator ;" and, when the time came, absenting himself? The Bishop doubtless had his reasons foi' his course. Perhaps, he had concluded that to do as he had proposed was not expedient. At all events, he was excused '. Suppose the presenters had made ■ enqniiy as to the truth" of the charge in Article 2d; would that article in that case have appeared in their presentment? Had this course have been pursued, would either Articles 1st or 2d have appearea ? Audi oJt-rorA pa'- tc-.i. however, is a maxim otjuctite to which they were piacticaily strangers. i See Terdict of the Court 18 day," he "being then Rector of Trinity Chureli, proceeded into thf^ country for t]ut professed purpose of holding divine service," and " tliat on said Sunday" he " did take into the country his gun arul hunting dog."* [The respondent allows, that during the spring and summer of 1845, he was in the habit of going into the country each Sunday afternoon, at the conclusion of Evening Prayer in Trinity Church, '' for the professed purjjose of holding divine service," and that he was often accompanied by a dog belonging to liis little son ; and asserts, that, on those occasions, he statedly perfonned the servic*?s contemplated. A report of the same, up to the meeting of the Con - vention in that year was made to the Bishop, as follows : " I have oflBciated eleven times, and administered the holy Communion onw in the country, 20 miles north of Chicago, where is an interesting body of people, retdly attached to the Church, and whose claims are urgent for a missionary to gather them together permanently in one, and break to them the " bread of life." Subsequent to this report the respondent officiated for the same people six times ; but] he avers, that after the third Sunday in August, he did not go into the country on Sunday, at all. On the 4th Sunday, he was not able to go. The child of Col. Greo. Davis died on the morning of the 1st Sunday in September, and the respondent staid from the country on that day, on that account, to render the family such as- sistance as he might, Col. Davis himself being al)seiit. Mrs. AValk- er was soon alter confined in child-bed, by which he was kept at home until he went to the South, whence he did not return till about the middle of October; after which he did not go into the country on Sunday at all.t Therefore, if the denial charged in the latter part of the article, to wit : " that afterwards when said Wm. F. "Walker was asked if •This charge haTing been broadly made in the Presentment, the propriety of this answer will be allowed by lovers of truth. t A deposition on this subject, that of Mr. W. H. Davis, Junior Warder of the parich the organization of which resulted from the services noticed— a deposition taken lor the trial— is as follows : " In the summer of 1H45, Mr. Walker beinjr acquainted with myself and some others, who are Episcopalians, we solicited his assistiince in prcacliingto us. He consented so to do, and was in the habit of being with us almost invariably every Sunday evening from May or June to, I think, some time in August. I'art of the time Mr. W. officiated in a [log] house belonging to me in Lake i)recinct, and some part of the time in a house belonging to Mr. Bennett ; and the balance of tlie time, when the congregation became very large, and the weather was very warm, we had services in Sherman's Grove. For those services we felt gratetnl to Mr. Walker, and still do t that I can answer for all the parish; it being the only remuneration we could, give Mr. W.— our thanks— for we were too poor; and that is all he did get, to mv knowledge. The neighborhood in which Mr. W. thus officiated is about 20 miles from Chicago. His arrival was usually about 6 o'clock— bijfore dark. , I don't recollect our ever having services by candle light " The afternoon services of the respondent In Trinity CHiurch were held during this season at 2', o'clock. He usually started from Chicago about ten minutes before 4 o'clock, and performed his drive 'bv ahout 6. as stated by Mr. Davis. " That on said Sunday the said W. F. Walker did take into the country his gun^ and hunting dog," is a charge that was ben;otten, it is believed, in the suspicion.^ and ran- corous imagination of a presenter; and was brought forth to aid him in his work of creating a prejudice against the respondent, and eff'ecting his separation from his Church and people It is in his evidence, for he is a witness in the case, " I wanted that he," Mr. W., " should leave, that another person might be substituted in his place. 1 am opposed to him." t i j u- That the opposition of this man was active is in the evidence in the case. It led him to declaim against the respondent among the members of his parish ; to treat him with rudeness when he met him; on the public street to heap upon him opprobrious epithets; to incite members of his Vestry to act against him; to evince violence of manner at the Kaster Election; to write to the Bishop complaining of the respondent, and, at the same time, asking that he might be tried, and pledging hinL-self, with others, for the costs of his trial, should it be granted. Yet was lie. by the lii.Miop, appointed one of the '■ live persons' to "enrjuire as to the truth of the charges ' again.st the resiiondcnt; " toexnmme the case ;" to aecerlaiu whether there was '• sufllcicut ground for his presentment :'' 19 he did take his dog and G:iin into tlie country on Sundnys, as afore- said, denied the same," is to be understood of what is alleged in tho former part, it is repeated and mainttiined. Or, if the latter part of said article is intended, as has been sug- gested to your Board, to assert a habit in the respondent, and the denial is to be understood as relating to that, it is still maintained. The respondent denies the charge in any and every sense that has been put upon it. Such is the answer which the respondent desires to make to Ar- ticle III. IV. With respect to Article IV., the respondent submits that truth is at the basis of the article, though that truth is not so stated jis to convey a true impression of the facts alleged. The entire truth relative to the matters referred to is as follows : April 24th, the respondent addressed the letter to the Bishop, which is on the files of your Board, marked E,* on the subject of consecrating Trinity Church and confirming therein, and invitiug the Bishop to accept the hospitalities of the respondent's house ; . but, at the same time, intinfiating that Mr, Sherwood, Warden, would probably claim to entertain him. May 6th, a letter was received from the Bishop in reply, under date of April 30th, which is also on 3'our iiles,t propounding certain queries relative to Trinity Church, and concluding thus : " When I shall coinmerice my visitations of the, Diocese 1 am unable to say. I trust to be well enough to at- tend the convention of the diocese on the IGth. of June, at Spring- field. From there 1 shall try to visit Alton, Albion, Chester and Quincy. Perhaps I may go to the northern parts of my diocese* in the fall." May 6th, the day following, that letter was laid be- fore the vestry of Trinity Church, and, from their minutes, it ap- pears that " the Corresponding Secretary was requested to answer the same. That officer, Wm. Stuart, Esq., made the answer con- templated at once, and gave the Bishop a full statement of all the particulars to which his enquii-ies had regard.f About that time, Mrs. Sherwood was spoken to by the respondent on the subject of the proposed invitation of the Bishop, and of the respondent's sug- gestion to him that her house should be made his home during his stay. Not far from one month subsequently, the respondent met the Bisho}) in convention at Springfield. During that convention, iie your Board are aware, the Bishop announced that Trinity Church in Chicago was in debt, and he would not consecrate it un- til its debt should be paid off". AVhen the respondent returned to Chicago he told the friends of Trinity Church what was the mind of the Bishop, as he had stated it. July 18th, the respondent re- ceived the letter from the Bishop, under date of July 12th, on your files marked G,§ in Avhich he says : ''If you will do the same with Trinity," that is, " pay off the debt which it at present owes, 1 will do the same duty," that is, " consecrate the church in Chicago on AVednesday, the 29th of July." That nothing could or would be done by the vestry of Trinity Church at that time relative to what was termed the " church debt," the respondent well knew, and was assured of; and as the Bishop had been addressed by the ves-', ■'•'JSLpilenii'ii'l'k." '' " 1 Al'l'CudLS; F. i Aiipeudix, G. ? Ajiiicudix,!!. 30 try on that subject, the respondent thought and believed that the matter was then between his vestry and tlie Bishop; and feeling an unwilingness to enter into the linaucial affairs of the Church at all, he left the matter with the vestry. No turther eommunication from the Bishop was received, nor was any notice or appointment, either for the consecration of Trinity Church, or lor the adminis- tration of confirmation therein, ever brought to the knowledge of the respondent. To this did his denial that '' he had ever received any notice or letter from the Bishop," extend ; it was so made to Wm. Stuart, Esq., and others, at a meeting of ladies at Mrs. Foote's. And it is here renewed : the respondent still avers, that he had no notice that the Bishop was coming to visit Trinity Church. Neither his parishioners, nor him^ielf, therefore, expect- ed him. That he did frequently say, after the Bishop had been here, and he had been told that the Bishop had claimed that he should have consecrated Trinity Church, and confirmed therein, that he had received no canonical notice that the Bishop was coming to Chicago for any such purposes, or, indeed, any notice at all respecting confirmation, he admits, and maintains. "" Such is the answer of the respbndeilt to Article IV. ^ ' '' V. With respect to Article V., the respondent submits as follows : That at the time the presentment of 1844 Avas made to the Bishop, he was anxious for an immediate investigation, and urged the Bishop to allow the provisions of Canon with respect to time to elapse before trial, assessors, &c., to be waived, and to inves- tigate all the matters charged against the respondent himself;* that he had hoped this would be done, till the morning of June 12th, when a letter from the Bishop was put into his hands by Rev. Mr. Kellogg, and he was, at the same time, informed that the Bishop was then on the steamboat, and was to leave the city in a few mo- ments ; that the respondent was exceedingly grieved by the thought of being left by the Bishop with that presentment over him ; and that, under the influence of highly wrought and most anxious feelings, he run to the boat, eagerly sought the Bishop, and on finding him, the following conversation, &c. occurred : — " Ml?. Walker." — Wliy, Bishop ! you are not going away now to leave me in this position — with these charges over me ? Do stay, and let the whole come up before you to-day for investigation and' trial. You must not go ; you cannot go and leave me thus. Dp stay to-day. ,,' "The Bishop. — I cannot. I must go;— but you write rae a let- ter at Detroit, such as I have suggested in the letter handed you * Canon XIV. of 1833, fseejpage 6, Sect. 13,) was nt tlijs time in force.— Sect. 6 of that Canon provided, that " the time between the day of service" of the Citation and "the day ,of upiiearauce-' showW bo " not less than t:\venty day," over and above the ordinary time re(iuired to travel to the place of ap])earance." — Sect, 5 of the same Canon pWJvi- diBdithat " not less than three or more tlian six I'l-esbyteri*, selected by the accused out of a list of twelve, ' shoujd "be assessors with the Bi'shoi),'' presiding " on thetrial 88 judere." — Sect 2 of the same made " the house of the 15ishop tlie rejjular place of trial." These and such like provisions favoring the accused, under ordinary circumstances, ■were those which, in this case, the Bishop wa.s urged to allow to be waived. The ac- cused wished to make answer to the charges against him at once before the Bishop as Judge, and final arbiter. For (anon XIV. of 1838 in full ; the Tresentment of 1844 ; and the papers above, re- Jerrcd to, with others in the same connection, see Appendix I. '' 21 by Mr. Kellogg, and I will give you a letter iii reply that shall be to your heart's content — all that you can wish. " Mr. AYalker. — But, Bishop, I Avould rather have the matters investigated. I do not want them dropped so. These things have been alleged against me, and, I think, without reason. I can show to you that they have resulted from local feelings and personal hostility, and are, for the most part, mere misunderstandings; and that I am persecuted and oppressed without cause ; and if so, and I can show it, then those who have pursued me should themselves be admonished. It is better that the matters be investigated as I have proposed. Do therefore stay, and let tliis be done. " The Bishop. — {Putting his arms around the respondent, and emhracing him) — Walker, I love you. I have suffered the same things myself. I got up from my prayers this morning feeling just so — (pressing the respondent.) You write me the letter, attend to the scholarship, and all will be well. I can admonish tliem, {alluding to the responde7ifs pursuers) better by letter ; and the Avhole matter can be better settled so. Send Haff to Jubilee right away; and if we don't do every thing just to your satisfaction, or that should be done for him, you may say that old Bishop Chase has bamboozled you. , . . f "Mr. Walker.-^ — "Well, Bishop, it must be as you say. Good- bye," &c. &c. So much for that part of the Article which relates to th0,'int^ri! view with the Bishop. i In relation to the " Court of Inquiry at St. James' Church," the respondent avers, that he never " stated to various persons, mem- bei's of his Church," or to any other persons, that said Court " had failed to find any charges against him ;" but admits that he has characterized those charges, at various times, as based on light and frivolous grounds, or in local feelings and personal variance ; — has said that they arose to a great extent out of a Ladies' Society, &e.* As to the last clause of the Article, to wit: that the respondent " did publicly, openly, and knowingly state that the Bishop did not write to him any such letter as he, the Bishop, had promisecj to write ;" the respondent admits, that he has frequently and openly expressed the deep disappointment which he did feel on the re- ceipt of the letter from the Bishop from Buffalo, under date of June 20th, — a disappointment the sadness of which your Board may gather from a perusal of a letter from Bishop Chase of date of June 12th, and that of the respondent to the Bishop of the same date, both of which are on your files ; and that he has said that the letter received from the Bishop last referred to is not such a letter as was promised him, he does not deny, but rather admits, — whe- ther justly or not your Board wiU determine.! , Such is the answer of the respondent to Article Vl.J "> * The charges alluded to are those in the Presentment of 1844. See Appendix J. t Appendix K. t It will be seen, that Articles 4th and 5th in the Presentment essentially depends for the maintainauce of the allegations which they contain, upon the testimony of the Bi- .«hop. That the Bishop was not in Chicago to furnish statements on -which to found those articles is certain ; that he could have furnished statements to support their alle- gations will hardly be believed by any who may read the papers referred in connection with them in the Appendix. But that the Bishop appeared as a witness against the respondent, on the trial, istrue7 and that he deposed according to the tenor of those articles is also true, — with what gentleness and kindness, and consideration for the respondent was observed by a nu- merous congregation in attendance at the time. S2 r VI. ^W^th respect to Article VJ., the respondent ofTers a tlienml of the alU'^iUicm that he, on the excursion therein refeiTed to, " t(K)k with liim at the time of said excursion a bottle of wine ;" and allirms that the wine was taken by his companion ; — the respondn ent further denies, that he " well knew" that the " younj? man,' Glass," was " a member of the Temperance Society ;" — on the contrai'y, he would have inferred the opposite from the fact of his being a communicant in the Church ; the Church not recognizing Temperance Societies, and few, comparatively, of her members having any coimection with them. To the other port^ of the Ar- ticle, answer does not appear to be required. Whether or not the things thei'ein alleged occurred seems to the res})ondent to be im- material, as no moral delinquency is involved.* yil. With respect to Article VII., liie resiiondenl deems it suf- ficient to say, that the ofierings and the entire income of Trinity Church were voted by the Vestry, Sept. 2, 1845, on motion of S. J. Sherwood, as his salary, subject only to the payment of the cur- rent and contingent expenses of said Church. The minutes of the Vestry containing that resolution, are on your files.f The de*: raand of Mr. Hatfield was, therefore, for a matter that was purely •The " young man, Gla-^s."' called hy.the presenters, was the onlv witness with re- sj^ect to the matters charged in Article 3il. 3Ir. Stuart was in Xew York at tlie tihie ; and the allegatious were not deemed, by the respondent's Counsel, of .sullicient iinp.ort-f ance to warrant the trouble and e.\])ense of iirocurinp him as a witness, or of {jeftiiif^'h'iis deposition to rebut or explain thein. The result satislied aa to this ondssioa ; the -viit- r.essofthe presenters having done both sufficiently. As a key to some things con-, nected with this ca.xe, let the allegations of the pre8enters,and thb statements of tbtSr' wituese be seen side by side : ,, ,|i|.. .' ' ) • (,; . , ARTiCL^eth.— The Presenters. Ghuu 'he K'tneas : " We had some wine alonj know by whom it was taken- by Mr. Stuart or Mr. Walker.' " Said Walker took with him at the time " We had some wine along ; I do n'dt' of said excursion a bottle of wine." know by whom it was taken— whether, by " Said Walker did at the time drink of " I do not recollect certainly whether, eaid wine, and oifered the same to the said Mr. W. or Jlr. S. drank ftrct ol that whic ' Stuart and the said Glass." 1 have an idea that Mr. W. drank linst, but I do not recollect. '• The two gentlemen drank about a Wine gla.«s a piece. I drank of what wa* handed to me, aud threw the rest out." "And at the same time did advise the ' \ .' said UlasB, though being a young man and , ■ • : -i » : .■ I'll a member of the Temperance Society." ,;' .^j j (■).);j;ir,'i(i z-> ,,")Sai(i .Walker well knowing the same." "I do not know whether or Aot'MfirJV.' , ^j- was at that time aware that I was. a mem- n'lfiOO. 'Ill'' ber of the Temperance Society. "I don't think he is or waa a member; the 1'. l-;. Church liiis no cynunction with Temperance Societies." I, " Saying it would be no violation of his •' Mr. W. made the remark. • this cannot, (Glass'J pledge as no water was at hand.'' be considered a violation of the Tcnip^J' ^ auce i)ledge,as there is po water at hauij.' Jj. "On account of which, the said Glass "I think tire remark made by Mr. Wtt taking the advise of said Walker, did driuk about the Temperance pledge was a gen- ofsoidwine." eral obsenation; I do not know that it was made to me particularly. :'- ■ • "I was, in a measure, induced to drink by this remark." ',-an..>-i ),■■ Glass i« believed to be a young man of truth. If he be, his storv before the present- ers was sub.stantially the statement above given, which wa.s his testimony on the triai. But howdothe allegations of the presenters ditier from that tcMimonv : How far be- yond the testimony does the 6th Article of the Presentment go ! Did the " good of the Church" require this? Why was it so laid? And why was not a statement obtained froni Air. Stuart ? See Pre/act ; anU nolef on pagfs 4 and 13. -lid «7d \,;ivMQ tr'il JfWbUOfpvl f.lAPWftWlct^ ' '•»« 23 withiii the ri'jjhtji of the respomlent. He was at thnt time, by 'tacit consent, TrciL^urer for the rcspoiKJcnt only, anJ not for the Vestry^ in so far a,s tlic revenues of the (Church were concerned. ' ■•■■ iThere had been excitement in the earlier stage of the interview ^between Hatfield and the respondent, [regarding interests foreign to Trinity Church.] The respondent, [at the time of Hatfield's rail and during his stay,] was driven by private matters requiring his attention, being engaged in ]>reparing matter for the press, which was then urging him. Hence, [he was naturally somewhat impatient at Hatfield's continued interruption of him ; and, per- haps, W!is somewhat excited by his peculiar and imperative man- ner, and the indelicate and otFensive pertinacity of his demand.J He was informed by the respondent that the matter which he had required could not then be attended to ; moreover, that he should not be so importunate, for the interest was the respondent's solely ; and that, if he continued his demand, it would not be granted. The respondent, at the same time, claimed, what the manner of Hatfield most naturally and properly suggested, that he should bo treated as a gentleman in his own house. Not a word escajied the respondent on the subject of Hatfield's leaving the house, or of the house being left by one Avho might insult the respondent, as is al- leged in the Aiticle. The imagination of the com|)lainant Hat- field must have caused him to magnify the occurrcjices of that in- terview ; and led him, under the influence of tlnvaited feelings, to aJlege occurrences which never happened, or as they never ha})- pened. It was matter of surprise to the respondent subsequently, to know that Hatfield had asserted that on the occasion referred to, he " had been turned out of the" respondent's " house." As, however, Hatfield })rofessed to have been " grieved" ! by what had occurred, the respondent was willing to [consider his weakness, forgive his insolence, and] make peace. He, therefore, offered him his hand as a pledge of reconciliation when next ho met him. That it was accei)ted, but without a response from Hat- field such as the overture demanded, is not the fault of the re-* spondent. Such is the Answer of the respondent to Article VIL* • The testimony offered with respect to Article 7th, was that of the single witness' Uatfield, and was as follows :— '• I did call on Mr. W.. as Treasurer of Trinity Ghnrch, on Monday mominjr, Jan'v 19 — last January. I asked Mr. W. to give me an account, and not the money, of thti otferinofs by him received on Sunday morniiijr, Jan'y 11, previous. Mr. W. .said that it matters not now ; when I said, in my usual way of speakine, ' Oh, yes. you must pive,' — ae by re(iuest only, I used the words must. — -must give me an account of the offer- ings ;' and, at the same time, extended to him a blank piece of paper, for him to write) down the amount. He replied very harshly and in anger, that the money was his. and he would do with it what he ])!eased, and that I should not say must to him ; ' any man that says must to me in my own house insults me; and any man, sir, that insults me itK my own house may walk out of it.' I accordingly took my hat, made a bow, and bid him good morning. '• It was my custom, as Treasurer, to receive the weekly ofTerings, and to kPCp an aOii count of them in the books as Trea^iurer. 1 generally took them from the plate. Hei took them on Sunday, Jan'y 11th ; I was not present. _ i' ■■ Mr. James A. Marshall was present at the interview between me an^ Mn W.'inli'e-i lation to the oft'erings. . . vii ■ j: t; > '• My opinion is that Mr. W. ought not. from the manner in which 1 spoke, to hare understood me as using commanding lanpiage. 1 did not so intend it ; but he might so have considered it. lit was at Ihc time 1 calkd engaged in other business. I eaw 24 yilt "With respqct to Article VIII., the respondent will say, that he never preached a sermon on " Epiphany Sunday," and for this most conclusive reason, that there is no such Sunday in the Calendar ; that the sernlon complained of was preached on the fourtii Sunday alter Epii>hany, (Feb. 1 ;) that said sermon was not intended lor the special application alleged, having been written eleven years a^o, and i'ov a parish in the East of which the re- spujiident then had charge ; that it contains no matter for just com- plaint; that it can be esteemed personal or special in its bearings or teachings by such only as by previous circumstances may have come into that peculiar intellectual and moral state which leads to the attribution of imagined evil as though it were real; [that it makes no reference eitker dii-ect or by implication to " the ladies of the tSewing Society ; that it contains not a word or intimation on the subject of the appropriation on non-appropriation of moneys, in any way; nioreover, that it had "in view the celebration of the C,o^ft>iftnnipn ;!': ao4, i(itlj(e ix?spondent may say it, against the jjdg- -id hUi^rA- ill Ji...i Jyil-">V^ ■'• ' ■ :■; !''i'i ' ■• that lt« ^-as cii{!;ap;e{l when 1 went in. ITp niifrht have said he was too much engaged wJtli otl;er busiiiefs at that tiine: 1 do not recollect of his saying it. '■ JLr. \y. liad received the oftR'rings beiore, oiioe or twice, iu which cases he gave me an accoii lit of tlieni. "1 amnot a communicant of the P> E. Church ; do not know that I have ever been bapti/.cd. *' 1 arii21 years old and over; am collector and general agent." Article 7th was deemed by the Counsel of the respondent frivolous, and unworthy of notice ; tlievefore they were unwilling to weary themselves and the Court by thecxami- nation of Mr. Marshall, who was present and would have testified, to rebut or explain it», Thev believed tlie Court would view it as they did. The contrary lias transpired. Tienqe it has been deemed a duty to iiieseut the testimony on wliich the verdict of the Oonrt ne,sis, tliat others also may juilgo resjieefing it. The atiidiu it of Mr. Jlarshallis hereto subjoined. j)re8euting that to wliicli he wouJd have (lejiosed on the trial, had he JiCen called. It \\ ill be jjudi^eIr. Marshall ; that one side, that of Hattield — {(gainst th(? accnp«l,-^was all they heard or regarded! Was this to '-examine the case;" to J' enquire as to the truth ;■' ' .r The solemnity of an oath in the' estimation of the witness, Hntfield, may be partially inferred from liis testimony as to his age, given above ; he is in fact nearly 40 years old! His opposition to the resiiondont, sworn to by himself before the Court, and openly avowed ; his manner in testifying, and luimerous incoiisisfencies and contradictions of which he wai< convictetl, were within the kuowledsro of the Court. It was supposed that he was so far impeached tliat no credit would be given to hia statements. The Court were not of the same opinion. The following aflidavit will show their mis- take, iu part. .Tnmes A. Marshall maketh oath that he was present at the interview between Isaac 1'. Hatfield and the Kev. W. F. Walker on thelyth January. lS4i5. referred to in Article 7th of the presentment against said AV. F. Walker, and that during said interview said Hatfield became boisterous in his conversation, and grotestpie in his gestures, and de- manded rather than asked lor the oll'erings reterredto ; that said Walker was at the time very much engaged, and informed said Hatfield that he could not then attend to the application ; siiid Walker, however, claimed the offerings as his own, as having been made so by a vote of the Vestry ; therefore said Hatfield should iiot ,eav that he must have them or an account of them, (which in the mean time he bad demanded,) for that if he did so peremptorily insist, that he, Hattield, should not have them ; Mr. Walker saying at the same time that he would be treated like a gentleman in hi.s own house ;— whereupon said Hatheld replied, " Veryhvell, sir; very well, sir— good morn- ing, sir," and left the house in a rude and ungentlemanly wav, pulling the door to be- hind him in a violent and insulting manner. Mr. Walker did not evince any temper, that could be considered unchristian, although he seemed excited under the unreasona- ble provocation given him by Hatfieid ; but Mr. Walker did not say any thing to Hat- field onthe.subject of his (Hatfield's) leaving the house. That this deponent is a mer- chant in the city of Chicago, and a communicant of the Second Presbyterian Chnrch in said city. JAS. A. MARSHALL. Sworn to before mc this 13th day of November A. D. 1846. F. A. HOWE. J. r. 25 ment of Article Stli, w;is siiitiible to the occiii^ion, If the Epistle for the day may be deemed suggestive of a tit topic tor discourse.* It is also a part of '' the truth" in the case — and duty requires that " that the whole truth" should be told — that the respondent had not, '*' as was by them supposed," requested the appropriation of " monies belonging to said sewing Society ;" that, " in conse- quence of said sermon," bat two members of said Trinity Church did absent themselves from the communion, feeling scandalized by said sermon ;" that " said sermon" '' was" not, therefore, " the cause of offence to many persons, niembers of said Church ;" find that the respondent would at once have made all and any requisite " ex- planation of said sermon," had he been informed, by the parties professedly " feeling scandalized" by it, of the scandal they pro- fessed to feel. The respondent could not have made any " retraction of said sermon ;" but he would have " made enquiries into the cause of said members absenting themselves from the communion," had such absences been unusual, or had there been reason to believe that, in the cases of the said two " members," either themselves or the Church were likely to suffer. Indeed,] he did " make expla- nation of said sermon" soon after he learnt that it was complained of; and that in the same public manner, in which he was accused of having sinned. f That the complainants were not thereby sat- istied, is not to be charged upon him. For some cause, it suited them rather to retain their harsh judgment, and to continue to this The fol!owin;j tostimony toiwliiug the witness Hatfleld with respect to the respoudent was given on the trial : " He (Hatfield) said he hoped Mr. AV. would resiarn ; tliat if he would resign honora- bly, they should be glad ; th;it if he did not re.-ign, charges would be preferred against him, and he would be presented to the Hishop ; that if no one else would do it, he would. " i think I told him it was useless to report such .stories, [alluding to stories that had been circulated by himself and others,] us they did not do any good. He made the re- mark, that it was nccessary.to keep stories in circulation to get rid of or cause an Epis- copal mini.ster to resign ; that the excitement should be kept up, as it was rather a difli- cuit matter to get rid of an Episcopal minister ; that what stories there were against the minister should be kept in circulafiou previous to [the Easter] election." '■ I consider it a difficult job to get rid of an Episcopalian clergyman ;■' and, " I would not compromise my opposition to Mr. W. as Kector of Trinity Church," were in the tes- timony of Hatfield himself. Jfow this is the party in Article 7th, and the witnes.s upon whose unsupported, yea, conflicting testimony the f'ourti rendered their decision as given in the Verdict on that Article, tie, an unchristian, hostile man,. judged of the temj.erof the respondent; tho >. ourt adopted his judgment, and it staml.s as their "decision'' in their verdict. * The text of the sermon complained of was. Heb. xiii. 17; its subject was, '• The mu- tual duties, rosDonsibilitic?, and privileges of minister and neo])le". it was a plain, hortatory discourse, unmarked by any of those hi'^her, and, to the meek and sub- missive .spirit, more consoling views, which, had the sermon been recently written, would surely have cliaractcrizcd it. Its negative character, in this respect, is striking; and so dissatisfied the respondent at the dati" in question, that nothing but lack of oth- er preparation, suited to the day and the occasion, could have induced him to preach it. His choice of subjects being invariably detei mined by the services for the day, he chose rather to preach that sermon, in harmony with that day's oflices, unsatisfying as it was to himself, than another that might be out of harmony with those ottices. The respondent was, perhaps, never more surprised than lie was when informed that "said sermon'' had been characterised as '-a Fu.-;eyite sermon ;" and been deemed per- sonal, in its application, to '• the ladies of the Sowing Society." He could hardly credit the information, till the presentment came. Article 8th left no room for longer doubt. That sermon was the basis of its allegations. The presenters having adopted the opinion of two ladies on the subject, that article had been laid accordingly. And that, be it remembered, without the sermon ; for it was neither had nor applied for by them ! Did they fear being esteemed disrespectful to the ladies, if they should seek to ^iiow something of the sermon, to form opinions ot their own? Or did "the good of tho Churcii" r -quire that they shoidd charge without knowledge, that they should not "ex- amine the case .'"' + The sermon wa? re-preached, and explanation made of it,— due notice haring been previously given. 4 S8 time their complaint ; and for this they shall be left to make their own answer. The respondent was always in charity with th^m ; and was ready to forgive, and did forgive as he hopes to be forgiven.* Such is the answer of the respondent to Article VIII. ♦The explanation of what has occurred with respect to the " Epiphany Sunday" Sermon, is as follows : A small organ had been rented by some persons interested in the music in Trinity Church : and, for reasons sufficient lor theniselvts, a portion of " the ladies of the Sewing Society" liad supposed that ii had hcei' done by the respond- ent, and that their Society was expected to pay the rent of it. though the respondent had never exchanged a word with any of theih on the subject. In the meanwhile, "the ladies of the Sewing Society" held a "Fair," which proved successful, and put them in possession of some funds. Those who had interested themselves in getting the organ into the Church, favored the Fair; and, as there were not other special demands tor its receipts for parochial objects, they thought that payment for the use of the orgau to that date, from those receipts, would be legitimate aiid proper. A bill sent to them for the same, in amount !*20, it is believed, was accordingly diiect- ed to "the ladies of the Sewing Society," and its payment asked by one of tlieir num- ber. "The ladies 1" very promptly decided that the bill had been .sent by the respond- ent, who, they said, had "put the'organ into the Church without consulting them 1 — and, therefore, he might pav for it ; they would not." Supposing that they had thus greatly crossed the respondent, it was a ready imagi- nation, for such persons- under such circumstances, that he luubt so feel it as to " visit their otfence with a rod" when opportunity should offer. Such was the .slate of things, of which, however, the respondent was entirely una- ware, when " said sermon" was preached. The parson's feelings, and what were sup- posed to be hia wishes, the interests of the parish, and the peace of the Church had been valued ; and §20 in money had been deemed of more worth than they all 1 By tho.^e who know the respondent, the extent to which that sum would influence him" will be at once climated. But sad to say, it forms the entire toundatiou of the al- legations in Article Sth. Some extracts from the testimony in the case, will illustrate these statements, and perhaps, throw some further light upon the spirit with which the respondent has been brought into conllict. It will here be seen how the leaven of the master, already noticed, had at this time begun to work. His wife was of the Ladies" Society. (See notes on pages 3 and 18, last paragraph.) The two lema'e "members of the Church" who "did absent themselves from the communion, feeling scandalized by said sermon," were the witnesses. The one testified thus : "The subject of the sermon was obedience, that we must obey Mr. W., and do as he said. The text was. I think, ' Obey them that have the rule over you ;' or, • Be in subjection to them that have the iiile over you ;' that was the im- port of it. " It was verv severe, and seemed to be a very f«vere whipping to the ladips of the Sewing Society"thal had not done as Mr. W. wished. It seemed to lay down the rules that we had not obeyed him. and we must obey him. "We had not jjaid some orders that he had drawn upon our Treasury; we had not appropriated our money as he wished we should." (?) " There was a demand sent in for us to pay, and I for one refu.eed that the money of the Society should go to pay that order. It' was an order, or a note, orapa_per, or a bill that came to us ; and, if 1 understood it, and as the other ladies understood it, il came from Mr. W. to pav for the use of the organ in the Church, and the platform on which it stood. AVe refused to pav it. I understood the organ had been hired by Mr. W. " Mr. W., never called upon us lor the money : I do not know that his name was to the order. I think there was never an order"signed by Jlr. W. at any time for pay- ment of the organ ; as I said before 3Ir. W. never called on us." (N. B. Compare this with third narasraph above.) " The bill sent to us was ?2 for the platform, and .?18 for the organ. " The ladies were not named in that discourse ; neither was JSlr. W., nor Mr. D-, nor appropriation of monies. He didn't use the words plain ; I inferred it; 1 understood it ; I think the sermon was jueaclied expressly for us. He did not mention the Sewing Society, but might as well have done so. It w as perfectly understood what he meant. "Miss said if Mr. AV. preached many such sermons, he would preach to bare walls ; she said it was a verv ridiculous sermon. " It was called a good Roman Catholic sermon. It seemed to be his purpose to incul- cate in our minds that we must obey him in regard to the Church and to our religion ; and as far as he said we could go, we could go. He was very severe on that particular point, that we must obey Jiim as Hector of the Church ; and when we had anything^to give, and he called for it, we mu.st give. It was new to me, the idea of our obeying MrTW. "He has never spoken tome on the subject. He has never called at our house but once since. I said that if he called upon me during the week following, and asked the reasons why I (absented myself from the communion,) I should think he was a good man ; if not, I should never go to the communion again while he was iu Trinity Church"! The other witness testified thus:—" The sermon alluded to in Article Sth in the pre- sentment, kept me away from the communion. I didn't think it was a suitable sermon for the occasion at all. It was his manner as much as anything. I didn't think that he was in a fit state of mind to administer the communion at that time. His manner was excited, verv much so." (Query, when was it not so ?) " I cannot state in what month Epiphany Sunday is without looking to the Almanac. •' I can tell the text of that sermon, but not the book, chapter or verse ; it was, " Sub- ject yourselve* to them that have the rule over you." 27 IX. With respect to Article IX., the respondent submits as follows : It is not true, that the respondent " did publicly avow, declare and state that he did see the Bishop when and at the time of his arrival at Chicago, and added that he would go into the country." But that the respondent did go into the country at that time, is true ; also, that he " did not call upon the Bishop during his said visit, and did not invite liim to consecrate Trinity Church, or con- firm those whom he had reported of his Parish at the Convention at Springfield in 1845, as being ready for confirmation." The facts and causes in relation to what is here denied and admit- ted are as follows : At the visit of the Bishop to this city in June 1844, the respond- ent and the Bishop, as your Board are aware, were thrown into a position of coldness and distrust with regard to each other. An interview took place between them that was neither cordial nor pleasant, and which inspired feelings in the respondent of a very painful character.* The bearing of the Bishop towards the respond- "Ho did not in that discourse say Ladies' Society ,but wc all understood what he meant. " It was a good Koman Catholic sermon. The particular tenet advanced which I term Roman Catholic was, that we must obey him iu all things, as to our religious duties ; he had the rule over us."' "If lie had called to see me it would have been all explained. I said going from Church, we should think Mr. W. a Christian if he called to see why we didn't stay ; and if he did not, we should nof'l Now, in view of what is thus submitted, will any think it a matter of complaint that the two ladies, •' members of Trinity Church" did absent tliemselves from the com- munion, as they are allecred to have done ? Had the Rector previously have known their state of mind and feeling, would he not have been required to insist that they should abstain until they should " repent and amend ?" But, for the conclusion of this matter. The sermon was produced in court, identified and read by the respondent. Instantly, and as by acclamation, the court and the coun- sel for the presenters ! agreed that it was a most proper sermon — expressing at the same time, the wish that many more such might be preached in the Church. How scrupulouslv the provisions of the laws of the Church and the laws of delicacy and propriety are observed in respect to the preaching of sermons by the '• live persons," the presenters in tiiis case, may be gathered in part from a fact which shall be here stated touching their chairman. From Advent to Easter, it has been the custom of the Rector of Trinity Church to open his Church for a third Sunday service. During this season, on the evening of the fifth Sunday in Lent, (March 10th,) 1845, the "Rector of M. James' Church iu ChicagOj"' did, in the First Presbyterian meeting-house, next adjoining Trinity Church, in said city, preach a .sermon from 2 Tim. iii. 16. the Rev Wm. Oliver, Methodist, having con- ducted the preliminary devotions, said Trinity Church being open for its usual services at the time, " the said "Rector well knowing the same.'' On this occasion, the Book of Common Prayer was neither introduced nor recog- nised. Kow Canon XLV. of the General Convention thus provides: "Every minister shall, before all sermons and lectures, and on all other occasions of Eublic worship, use the Book of Common Prayer, as the same is or may be established y the authority of the General Con\ention of this Church. And in performing said Service no other prayer shall be used than those prescribed by the said book." It may be stated that St. James' Church is in the northern part of Chicago, and that the river which separates it from the south, forms a natural " local boundary" between it and the parish of Trinity. How far the spirit of Canon XXXI. of the General Con- vention of 1844. on the subject " Of the officiating of ministers within the parochial cures of other clergymen," may be here applicable, others may determine. That the Rev. Rector, on the occasion noticed, did cross the river, and in a house ad- jacent to Trinity Church, then open, as he was perfectly aware, " officiate by preach- ing," as has been stated, i> perfectlj' true. Others may decide on liis regard for law ; in this the respondent has only to show that his '• ways are not equal." Of his activity in serving to present the respondent tkricr (!) for alleged violations of law, while he him- self could do, as has been stated, there shall nothing be here said. * At this interview, for adhering to what he believed to be canonically right, the re- spondent was angrily and harshly received ; sahited as " the man thathad refused to obey his Bishop ;" declared to have been presented, according to a paper shown to hiiri, then lying on the table ; and informed that he was thought to be " ipso facto sus- pended !" On the present trial the Bishop testified, that at the date referred to, he " required three clergymen at that time in Chicago, to present" the respondent ! The testiinony given was this :—" For some reason or other, known to himself, Mr. • 28' cnt during the said visit was not such as to toothe or dissipate them, tlioiigh the respondent exerted liimself and did all in his ]>ow- er to restore proper relation? between the Bishop :nid himself. He invited him at that time to lay the corner stone of U'rinity Church, and to ofiiciate for him ; asked him to ])artake of tlie hospitalities of his house, and invited the members of Trinity I'arish generally to meet him there, to pay him respect ; and sought to favor the in- terests of the Bishop by enlisting some of his parishioners then assembled in behalf of Jubilee College.* On the eve of the Bish- op's leaving, in the cordial interview between the Bishop and him- self on board the steamboat, all the wishes of the respondent seem- ed to be realized. Under the conviction that this was the case, he •wrote the letter of June 12, 1844, to the Bishop at Detroit, which is on your files. The letter of the Bishoj) in reply from Buffalo, under date of June 20, was not a resjjonsc to the letter the receipt of which is acknowledged, and indicated, as it seemed, to the re- spondent, a relapse on the part of the Bishop into the state of mind and feeling with respect to the respondent, which had existed in Chicago prior to the sieamboat iiitcr\iew.t That the letter written thus by tlie respondent Avas framed in (sxact accordance with what he understood to be the feelings of the Bishop when he parted with him on board the steamboat, is evident irom the re])ly of the Bish- op, wherein he says, " I Avish you had iuade my written communi- cation to you while at Chicago, instead of the oral conve}-8ation on board the steamboat the subject matter of your letter. I referred you to that communication, and noAv repeat that ref- erence." It -will be recollected that this conversation was sid)sequent to the letter referred to ; and was thus naturally made the principal basis of tlie respondent's letter to the Bishop ; though the respond- ent intended it to cover both, as U'ill appear from the letters now on your files ; that it did cover " the oral conversation on board the steamboat," the Bishop's letter, above quoted, clearly, though im- pliedly, admits.f TV. had (lisobevpd my order? ns his Bishop. There were ihen three clerfrymen in town, to vhom I cave the iiil'orrnntion, ai:d required them to jireseiit >lr. AV. lor trial, in con- sequence of his breaking his ordination vows. 'J'hey did present him as having broken his ordination vows. It was on this occasion tliat 1 iiddre.^.'ed Mr. \A'. with some de- gree of earnestness, thouch certiiinly with affection, (I) and lold liim that the Court would certainly go on, rfnd very likely he would be i)ut into a state of suRpcnsion, which I shouldVegret.C)'' Sec Appendix, M. * The respondent at this time thought Jubilee College an Institution of the Church in Illinois, llis mistake was not at once discovered. The last Convention of the Diocese sought to set forth the right in respect to that Institution by the adoption of the report of a'- Committee to whom was rclerred so much of the Bishop's Address as relates to Jubilee College,"' and which is in these terms, to wit : " GnUna. June 22, 1846. " Tlie committee to which was referred so much of the Bishop's tdflress as concerns Jubilee College, " That the clciieal and lav-members of this Convention have the most lively interest in the prosperity of that t.'oUcge ; and that, tt"s thev disavow all claim to any control over it, or to any ripht to imiuire into any act of the Bishon in relation thereto, as vested in this Convention : therefore thev tender to the Bi- shop most resj.c itfullv Uieir thanks lor the information whioh he has voluntarily laid before them ; and declare their enntiuued c Lifidenec that the inteutions of the donors to taid College will be carried into effect by him w isclv and faithfullv. " They unile in I'lravir to (iod, that life and health and means may be atiorded to him to conduct this offspring of his last days to greater \ igor and maturity. ^^ \K LES DRESSFR, K. ij. KKI.L(J(;(i." JNO. r. AVOHTIUNGTON. "Which report was, on motion, received, and the sentiments thereiu e.\pres8ed unanimously adopted.'' There is a slight mistake here. The respoudent did not concur in the above report ; but moved that it be laid on the table, t Appendix K. 29 The next meeting of the respondent with tlie Bi.shop was at the Convention in S])ringfield in 1^45. At thut meeting, and during the Convention, your Board iu*e awlr. AV. instantly replied, in a very earnest manner, that lie was • glad of it,' suiting the ac- tion to the word. After indulging in a very hearty laugh, he instantly changed his manner, and said, ' that is to say, that he "had such very good friends to carry him home.' " Mr. W.'s manner during the whole time, except when he altered his manner, was one of extreme Icvitv. " I think I never saw him look better than he did at that time. He appeared to be in very high spirits. " I never repeated this conversation, except to two persons in private, nearly a year after. " Mr. Eussell's store was not a place where liipior was sold by the glass to be drank there. "Mr. R. was, I believe, a Vestryman of Mr. AV.'s church. Jlr. AV. stopped, when he first came here, awhile at a public hotel kept by ilr. Russell ; had been boarding at his house a year or a vear and a half previous to tliat time. "After the conversation at 3Ir. Russell's about liec!-er. I did take a pew in, and, till last April, attend Mr. W.'s church, on account of my family." In answer to the questions, •■ Are you one of the instigators of this propecntion ? Did you write a letter to the lM.«hop on the subject .' Or, have you contributed any money or means for carrying it on. or obligated vourself to do so .'" the reply was: " I signed a letter to the IMshop with others,'" (see Rrcfaee, and page .3, note,) " asking that Mr. W. might be tried on the charjes preferred against him bv St. J-.imes' Church. In that letter the signers pronii.'ed the Bishop that we wo\iId pay the expenses in carry- ing on the trial, (1) and that we wished to prefer charges against Mr. '\V."(1) " I think it likely there was a pledge given that money should be contributed to pay the expenses of tile second trial ; don't recollect particularly." " I have sent A'iO to the Rishon to pav the expen.ses of Mr. Worthnigton."' (the Coun- sel employed by the Bishop to prosecute,) -'to (ialena. Mr. Arnold culled on me to know who was going to indemnify him as commissary. I gave him !i?20, and told him that he mu.st consider that as an evidence that he was not expected to labor for noth- ing. Have given in all SSO ; expect to give more if necessary. Have made no agree- ment with the Counsel," (Mr. A.) " but assured him that we expected to pay him for hi.i labor." (3Ir. "\V. was l.st Counsel employed by the Bishop ; Mr. A. 2d, employed by tho persons referred to bv the witness.) " I do hot feel indifTerent as to the result of this trial ; I think Mr. "NV. a very bad man, and think he should be stopped jn-eaching. " I am not a member of the Protestant Episcopal Church ; have never been bap- tized ; was brought up among the Quakers." The sister of this witness is the wife of the man noticed on page 18, in last two para- graphs of the note; in Preface; in note on page .'j; and elsewhere, as the originator and Fomenter of discontent with respect to the respondent ; and the sister of that man is the wife of this witness ! That the witness should sympathise with his brother-in-law, and act with him against the respondent, is no marvel. That brother-in-law n-ns thr. author of the letter to the Bishop noticed in the testimony ; was one of its signers, and wasbv the Bishop, in return, appointed one of the '-five persons'' to present I In liii deposition before the Commiisary; thio witness tcitiliert of that perion as fol- 33 [XI. With respect to Article XL, it may be proper here to state, that the occurrence on which it is founded was simply a mis- understanding in relation to a contract, in which each party held his own vicAvs, and thus impliedly reflected on the other. The matter was almost instantly amicably adjusted ; and the relation of the parties has in no degree been interfered with by the occur- rence. How the mole-hill became a mountain would, under other circumstances than those which have attended the presentment of the respondent, be inexplicable.] That the foregoing answers contain a full and complete state- ment of the facts to Avhich the several Articles in the presentment of 1846 relate, so far as tliose facts rest in the memory of this re- spondent, is solemnly affirmed. In full view of his responsibilities, the respondent here, in the presence of Almighty God, of the angels who may inhabit these courts, and of the witnesses now present, declares, that in so far as fault unexplained is involved in the allegations against him, that fault is to be attributed to the head and not to the heart. At the same time, the respondent acknowledges, that he has often and again " erred and strayed from God's ways ;" that he has re- peatedly " left undone the things he ought to have done, and done the things he ought not to have done ;" that he has in many ways " offended against God's holy laws ;" in short, that there is " no spiritual health in him." But, thanks be to God, " there is mercy with Him." He is " not extreme to mark what is done amiss." lows : — " He, (Sherwood,) with others, signed the letter to the Bishop calling for this trial, and saying in that letter that he, with the others, would pay the expenses of the trial. He gave something towards the expenses of those ministers that were here," (hia associate presenters.) Now this is the witness and thi' thetestimonv that servfid for the decision of the Court on Article 10th ; and this, too, witli the adili'ioiial qunlit'ying particular, that 3Ir. Rus- sel himself testified, — ■' I have no recollection of 3Ir. W. ever drinking any thing at my store." The facts in connection with the "brandy and sugar" are those, to wit : The respond- ent had been some days ill from disordered stomach and bowels ; and during the time had tried several si.mple medicinal assents without effect. On the occasion referred to, he was on his way to his house, which led him to pass Mr. Kussell's store ; Mr. R. wa8 standinar in the store door ; and as the respondent came up, he accosted him, and said, " How do you do?" The reply was, '-Not well," and the particular ailment was named ; at the same time Mr. K. was asked if he could not furnish the respondent some brandy and sugar, which he said he would like to try, for that he had none at home. While the brandy and suc;ar was preparinj;, Mr. Collins, the above witness, cam'! in, to whom the respondent mentioned his illness, and what he proposed to trv, at the same time paying jocosely what the witness alleges. Collins was at that time friendly ; hence the respondent was somewhat unreserved and familiar in his presence. Of the other allegations in the Article, no more can be said than is given in the An- swer. So unimportant were the occurrences at Russell 's deemed at the time,that they made no impression whatever on the mind or memory of Mr. R. himself; nor did the witness at- tach importance to them -'till nearly a year after I" when, after the defeat at the Easter election, charges were to be preferred against Mr. W. The " high spirits" of the re.^poudent then, when Collins had become enlisted against him, came to be deemed '' levity ;" his '• having mixed some brandy and sugar"— (that it was drank is not charged .') — to he taken medicinally for nn illness for which it is con- fessedly an appropriate remedy, at the store of his Vestryman, whose house had been for some time hishome, and telling of the matter himself, but for which it need not have been known, were now, all too obviously, sin ; and the remark, certainly not un- natural under the circumstances, (see Appendix, M,) and by no means necessarily indi- cative of improper feeling in the breast of the respondent, had come to be considered immoral — a •■' scandal and injury to the Church 1" The hostility of the witness indicated by the letter to the Bishop, the money he has eiven, and his readiness still to give, with his own declaration that he was " not indif- ferent as to the result of the trial," and his opinion of the respondent, furnish the key to the change which came over his mental vision in resre ct to the moral qualities of what fook place at Eussell's store Tt seems strange that the Court did not see, or seeing, did not apply it. 5 34 " He is gracious and merciful, slow to anger, and of great kind- ness," as He is " faithful and just" to forgive, according to His promises in Christ Jesus our Lord. Still, with respect to the alle- gations against the respondent, to which answers have been made, the declaration is true — " not guilty in the form and manner sta- ted ;" — not guilty in intention at all is equally true. To you. Rev. Brethren, the respondent now commits his case. To you, under God, he is to look for a verdict upon it, which will have a vastly controlling influence, for his weal or his wo. Your power, with respect to him, may be a savor of life or of death. Oh, may you be saved from the fearful error of causelessly breaking the bruised reed ! May the Almighty Spirit, which was sent to the holy Apostles to guide them into all truth, be poured upon you, to save you from all error, ignorance, pride and prejudice, and be to you a spirit of vdsdom and understanding, that you may have a right judgment in all the matters before you pertaining to this respondent ! Breth- ren, realize I pray you, the responsibility resting upon you with respect to this case, and seek of God His grace to enable you so to quit yourselves as shall find favor for you in the Church here, and of the Great Head of the Church, both here and hereafter. Seek to render such a judgment as shall meet with approval when we shall all finally be gathered before the Son of Man, sitting as Judge, and have rendered unto us every man according as his work shall be. In full confidence in the fairness and impartiality with which you will make up your final estimate on his case, the respondent will wait in patience, under God, for your verdict. Asking you to remember that an error against him will be irretrievably fatal, and that the most vital interests of a hopeful branch of the Church, not less than those of the respondent are at stake, the case is now submitted, — the assurance being added, that the respondent will continue instant in prayer for you, that you may be saved from all error. Faithfully and affectionately. Your brother in the Church, W. F. WALKER. Chicago, September 9, 1846. " A brief history will furnish the key to this trial. Trinity Church was united, and, for an infant congregation, in the enjoj;ment of an almost unexampled prosperity, till September 1845. The first schism in its councils took place in that month. S. J. Sherwood, W^arden, was the party in it. Feeling him- self to have been crossed in effecting the diversion to other jiurposes than those for which they had been raised, certain moneys that had been collected, through the in- strumentality of the respondent and his friends, for a specific object connected with Trinity Church edifice, he became indignant at the respondent, and sent him his re- signation ; and this, notwithstanding the following opiniim of the Bishop, by which the respondent would have been sustained, had Sherwood's supposition and allegation been true: — "The right of donors to designate the object and conditions of their do- nations is a principle in law of the most sacred character. I know of no authority to set this aside, either in Church or State. It is above Canon Law, and the Law ot Le- gislatures ; and has been so determined by Chief Justice Marshall." In reference to the same, Sherwood testified on the trial as follows : — " The day I resigned my office as Warden, and immediately after, I met Mr. W. and told him that I was satisfied that he was at the bottom of it ; and if that was to be his course of proceeding, I had made up my mind to have nothing to do with Church af- fairs ; and that I had sent him my resignation I spoke in an animated manner to Mr. W., and expressed my indignation 1 told him his conduct •was outrageous." The effect of Sherwood's treatment on the respondent at this interview, is in the tes- timony of a witness on the trial, thus : " While passing up Lake street, and when opposite Mr. Sherwood's store, Mr. Walker 35 came across the street and met me, apuarc-ntly in much aflliction, with tears in his eyes. He stated to me that he had been insulted anil abused ; and that the only way for him to secure his own peace ot'miud was to resign. " The truth is, the respondent had no heart for the struggle which he clearly foresaw Sherwood's displeasure would cost him, should he retain his position. Peculiar asso- ciations and circumstances seemed to have given Sherwood a power in Trinity Church against which, it was believed, it would not be easy to stand. The respondent was tiierefore disposed at once to sever the fie between him and that Church, and so escape the conflict. His friends remonstrated, and he yielded to their wishes. " Previous to that time," testified Sherwood, "the intercourse between myself and Mr. W. liad been of a friendly character I don't remember that there had been any didiculty in the Society previously. " Since that time, I have been opposed to Mr. W.. and have expressed myself as op- posed to him. I had no other motive than the good of the Church. I did not think he did right. My only object in opposinj; him was, that there might be a change in the ministry in this Church ; that we might get back again, and enjoy its privileges." For, he might have added, at the date in question, 1 ceased my attendance on the Holy Communion, and almost entirely on the services in Trinity Church. This was his testimony in effect. The opposition of Sherwood led him thenceforward to employ himself, with a zeal and assiduity which may be inferred from this statement, in manufacturing a senti- ment among the members of the congregation corresjjonding with his own ; " doing nothing further,'' in this way, however, w as his testimony, " tlian to state to my friends and to others interested in the Churcii, ray opinion of Mr. "W". and his conduct, and state to them what were the facts in the case." (1) Notwithstanding this adverse iuflupnce, the then Treasurer, now an opponent, testi- fied, that " the revenues of Trinity Church were greater during the last two quarters of the year," and that '• there was a gradual increase in the congregation up to Easter last." In the deposition of another witness is the following, on the same subject, from the Junior Warden, who subsequently became " a Sherwood man." " I had a conversation with him," said the witness, " some time in January or Febru- ary last," — two months before Easter. " I remarked to him that I thought they were trying to get up some disturbances against Mr. W. He remarked that he had not heard any thing of the kind, and that he should be sorry to have any disturbances ; be thought the Church was getting along finely, and he was not aware that there was any thing against Mr. AV." This may serve to show that an issue foreign to the real "good of the Church" had been made by Sherwood. Such was the state of things down to Tuesday, March 3d. In the course of the morn- ing of that day, the respondent found that Sherwood had been active in calling upon members of tlie Vestry, himself not of the Board, and urging them to hold their regular meetingthat afternoon, and pass a resolution that had been drawn up requesting the respondent to resign. The trap thus set, and all ready in a few hours to be sprung, was mercifully disclosed. But unwilling now, as before, to engage in any struggle in con- nection with the Church, having a primary reference to himself, the respondent said to his friends that he should resign ; though he would not be driven by the course an op position had proposed. A major part of the Vestry, friendly to the respondent, decided that they would not attend the meeting for that day, unless the respondent should him- .self call them together. At this time, and under these circumstances, the forged notice issued. Sherwood, from this time became open, unscrupulous and violent. Being informed that such was the fact with respect to him, the respondent determined to seek an early interview with him, and, by explanation, endeavor to allay his irritation. Opportunity soon offered. The testimony of a witness as to what occurred at the interview on the evening of March 3d, was as follows : — "Mr. Walker, Mr. W. Stuart, and Mr W. H. Adams, of the P. O.," (not the Junior Warden of the same name,) '■ and myself, met Mr. Sherwood on Clarke street, near the Post Office. Mr. W. stopped Mr. S. and offered him his hand, which he did not take ; and said to him (Sherwood) that he wished to talk about the Vestry meeting. Mr. S., in a very angry, exciting, and insulting manner, said, ' I will hear nothing from you. I consider you a tricky and dishonest man.' Mr. W. then attempted to expostulate with him. Mr. S. replied, ' Mr. W., I wish to hear nothing from you ; I will not hear it ;' and turned on his heel and left us." Foreseeing that the long-threatened issue now open was inevitable, if the respondent retained his position ; against tlie wishes of his friends, he addressed the following let- ter to the Bishop : — " Chicago, March 3, 1846. " Right Reverend and Dear Sir : "Please oblige me with your consent to my resigning the Rectorship of Trinity Church in this city, and a letter dimissory to the jurisdiction of the Et. Kev. Bishop Kemper. "My conviction is that the interests of Trinity Church will be subserved by the change contemplated, while a sphere of at least equal usefulness may be opened to me. " Yours faithfully, • W. F. WALKEE. " To the Rt. Rev. P. Chase, D. D., Bishop of Illinois " To this letter the following reply was received March 16th. 36 " To tht Rtv. W. F. Walkee, Rfctor of Tiiaity Church, Chicago. 111. " Jldile£, March 10, 1848 " Rev. Sir— " I received }'efiterda5' your letter of the 3d instant. " You say, 'Please Dblige me with your consent to my resigning the Bectorship of Trinity Church in this city." " Mr. Walker : I consider this request as out of place. " I cannot give my consent to a thing which, on examination, I may think ought not to take place. " For this reason I say : When I shall have been informed that you h:ive resigned, and the Wardens and Vestry shall have accepted your resignation," both having given their reasons, I shall think it my duty to consider'the matter, and give or withhofd my consent, as the case may appear to require. " It seems proper that the Yastry of Trinity Church, Chicago, should be apprised of your movements ;— 1 therefore shall send them a copy of this letter. " 1 am your friend and servant iu Christ, " PHILA^'DER CHASE, " Bishop of Illinois." In the mean time, the friends of the respondent rallied, and insisted that he should not resign, certifyiiig to him that a very large majority of the congregation and com- municants were in his favor. The letter of the Kishop concluded the matter in accord- ance with their wishes, by precluding a resignation. On the concluding paragraph of that letter comment is unnecessary; but it may be stated that the intimation was deemed sufficient to justify Sherwood in the supposition that he had the Bishop with him. He accordingly, on the day after the receipt of the Bishop's letter, addressed him, and gained his ear against the respondent. The reply of the Bishop was written April 2d. and inviied a trial of the respondent, thus: "If lie be a had man he never can be regularly dismissed, neither from the parish or the diocese. If he be a good man and wrongfully accused, the Church and the world ought to be disabused, his reputation being very much injured as it is." It was now given out that the respondent must resign or he would be forced to do so ; if not otherwise, that charges would be pretcrred against him, and he would " be si- lenced." Sherwood had by this time succeeded in leaguing together with him in his mea- sures of hostility some six or seven male members of the congregation ; and, through the Ladies' Sewing Society, and directly himself, iu enlisling some others in the belief that so prominent a man as himself, and some oi the six or seven who were with him, having become opposed to the respondent, it was expedient for him to resign. Of the former class were the witnesses on this trial, Hatfield and Collins ; (pages 24, '25, 32, and 83;) from the portions of their testimony, which have been submitted, it will be in- ferred how faithful as allies they proved themselves. The Easter election was now looked forward to as the time when an expression would be made relative to the respondent, that would be decisive. " Previous to the Easter election," testified a witness, the Senior Warden of the Church, " I was told it would be of no use to make much exertion in favor of Mr. W., as the Sherwood men would be on the ground and beat me. " I then determined to enquire, for my o^vn satisfaction, how the parishioners were affected towards Mr. W. The result of the enquiry was, that there was a majority of two to one of the congregation iu favor of Mr \V., and a large majority of the commu- nicants." At the election it transpired that Sherwood had succeeded in securing the co-opera- tion of nineteen in the warfare which himself had begun. His bearing at the election was given by a witness thus : " Mr. S. was very much excited ; from "his language and manner, I should think he was very angry. I do not recollect the words used by him ; only the impression left upon my mind at the time, — that 1 could not myself calmly listen to such language had I Deen in Mr. W.'s position , and wondered lioiv Mr. W. "could. 1 was observing Mr. W. very closely, feeling very anxious that, in the midst of such exciting elements, he should preserve his calmness and composure. Mr. W. comported himselt with a dig- nity and calmness with which I myself was astonished, as well as gratified, in view of the violent language used by those who were ojiposed to him. He undoubtedly felt some interest in the icsult, but I unhesitatingly sav, that his whole conduct was calm, and in accordance with his position 1 judged Mr. W. by myself. I knew him to be a msn of a generous and ardent temperament. ai d felt that 1 myself, under such circumstances, could not have maintained the composure that he did." The secret is, the respondent " knew Whom he had believed, and was persuaded that He was able to keep that which he had committed to Him." Hence, he was "in nothing terrified ;" but his " heart was fixed, trusting in the Lord." With Sherwood were " his men :" they were all " on the ground." But, in the result they were found to have been defeated by a large majority. (See page 15.) Immedi- ately, several of them took up, some tore up, their cushions, '&c. in the Church, and left, bearing them away under their arms. The hual step remained to be taken. Sherwood now became the author of a letter to the Bishop, (page 3, note,) suslung that the respondent might be tried on charges which he himself had characterised (and the opinion now stands over his own hand) as •' un- just aspersion and malicious ])eii;ecution," to wit : the charges in the 2d presentment of 1844; (see Appendix, I ;) pledging himself, with others, thus : ■• We hold ourselves re- sponsible for the expenses of the tiial, should it be granted;" and stating, '-if acquitted we propose to prefer other charges against him." This letter was signed by seven be- sides Sherwood. The Bishop thereupon decided to grant more than tlie boon nsked ; to wit : a trial on the former charges, and a chance for a second, irrespective of the condi- tions of the letter. 37 Accordingly, Sherwood was appointed one of "five persons:" Gurdon 8- Hub- bard, a complainant of the respondent, another ; the Kev. William Allanson, like- wise a complainant of the respondent, another ; the Uev. Rector of St. James' Church, Chicago, E. B. Kellogg, likewise a complainant of the respondent , another ; and the Rev. Charles J. Todd another ; who, by their act, are now known as •' presenters." To speak of persons occupying the po.sition previously towards the respondent which they occupied as the committee of "investii^'ution," contemplated by the Canon, is prepos- terous. They could not " examine the ca^e :'' and they did not attempt it. They were agreed in the opinion of the Kev. E. B. Kello^^g, that it was their " duty to proceed ex parte"! Consequently, during their session, "tney were teimed, by those in the same interest, a " a committee to get up charges." This duty they performed. There was, " in the opinion"' of Sherwood and his lour associates, " sufficient ground for prosent- ineut," and the respondent was ])resentcd accordingly 1 That presentment wus enter- tained by the Bishop ; and both he and .Sherwood were witnesses against the respond- dent on the trial '. Thus, Sherwood, by his zeal for " the good of the Church," was induced to serve, in this case, as solicitor lor the trial ; as accusing witness; as supporter, at the same time, by his means, of the prosecution ; and, at the same time, asjudge to decide upon the re- spondent's probable guilt or innocence ! Of the Bishop's testimony it is not necessary here to .speak. That of Sherwood was most remarkable. It aflbrded a striking illustration of the power of passion so to delude a man as to cause him to '• believe a lie." This must be the apology for a witness who, in his zeal to prove disrespect shown by the respondent to the Bishop, at his visit in Cliicago in 184-5, could testify, — " I was here when he arrived ; 3Ir. \V. called at my store immediately alter, and stated to me that he had seen the Bishop; and that day, or the day after, lis called again, and pro- posed to go into the country for the purpose of avoiding the Bishop;" and that he af- terwards •'repro\ed him for it, telling lumitwas his duty to return good for evil;" when, in fact, he was in New York at the time of the Bishop's arrival in t hicago, and on Lake Erie at the date of his departure ! That he meant to state an untruth i.j not be- lieved nor intended to be intimated ; indeed, '■ after conversation with some of his friends on the subject," he did correct himself in part; the matter is stated simply to illustrate a temper which has been so zealous for " the good of the Church," and which is the key to, as it was tlie cause of, the respondent's trial. That temper, it is proper here to state, does not appear to have been improved by the Verdict of the Court. Indeed, that Verdict seems to be taken harder than was the re- sult of the Easter election. Not understanding how it has come to pass that the Court did not find as he had sousrht to have them, and unwilling to own the interposition of Mercy on the behalf of the respondent, Sherwood attributes it to another agency ; and now, in a communication to the Senior Warden of his Church, characterizes him (the respondent) as bearing '• the hook and the claw." ! In this state of mind he does not of course attend on the public duties of religion in Trinity Church. Not having recovered from a dislike to St. James", which resulted in the first schism in that parish, under the re.^pondent's faithful and self-denying prede- cessor, who first occupied this field as missionary, and established the Church here, he cannot, or will not, worship there. In his zeal for " the good of the Church," he has thus cut himsell ort' from the congregations here,aud brought himself to live in the prac- tical disregard of his highest duties. Such is the temper that has here worked against the respondent ; such the spirit by which he has been pursued to the hazard of all that he in life holds dearest; such the instrumentality by which the preceding Charges were aggregated ; such the key to the respondent's presentment and trial. It occasions sincere pain to the respondent thus to write. But the duty seems to be so laid upon him, that he may not shrink from it. His friends abroad claim to know^ the things which he has suffered, with the facts attending them. For them, chiefly, this paper is intended. At home, it is neither required nor needed. In the language of the judicious Hooker, slightly accommodated : "The greater part of the good people heie at this day already peiceive, and others be like hereafter a great deal more plainly to discern, not that the respondent in the case now submitted, has been thus heaved at because he is wicked, but that these means have been used to put it into the heads of the multitude that he is such indeed, to the end that those who thirst for the control of • the inheritance which God hath given him to inherit,' may, till such time as they have their jjurpose, be thought to covet nothing but only the just extin- guishment of an unreformable person ;'^so that in regard of such men's intentions practices, and machinations against him, the part that sutt'ereth these things may most fitly pray with David, 'Judge Thou me, O Lord, according to thy rigViteousness, and according unto mine innocency : O let the malice of the wicKed come to an end, and be Thou the guide of the just.' "Notwithstanding, forasmuch as it doth not stand with Christian humility otherwise to think, than that this violent outrage of men is a rod in the ireful hand of the Lord our God, the smart wdiereof he deserves to feel, let it not seem grievous in the eyes of his Right Rev. Fathers, theBishops of this Church, or of his bretliren of the clergy and laity, who may see these pages, that the respondent should offer these things to their good consideration." The history is submitted without comment. The foregoing Answer is printed as it was read, with some slight exceptions, which are, for the most part, indicated by brackets. It deserves to be stated, in bar of a ri^id criticism, that it was drawn up in Court, during the last hours of its session, while the Counsel were engaged in summing up the case, and under the excitement and distraction necessarily incident to such a scene, and to an hour on which such is- sues were depending as the respondent had then at stake. It was not intended as evi- dence, but as an explanation. As such, it was unquestioned at the time, and is sus- tained by the decision of the Court. It therefore accords with the evidence adduced on 38 the trial. Hence, there is here furnished the data by ivhich the presenters were influ- enced to present, and the Bishop to put upon trial the subject ol their united dislike- By a comparison of all with the 37th General Canon, (see Introduction, page 3,) where- in is set forth the '■ olfences for which ministers shall be tried and punished," it may be judged whether these charges were exactly measured by tliat law, as it is commonly re- ceived ; or w'.iether the sense of that law was expanded to suit a case, according to a principle set forth by Bisliop Cliase, and believed to be peculiar to himself, to wit: "The Canon of the Church refers to the Rubric, and Kubric carries into itlcct the in- junction of Holy Scripture; and wherein the Hubric is silent as to the wifMoc/ of carry- ing the Scriptural injunctions into eJlect, it is the duty of the Bishop to jud^re whether the intent of the Kubric as founded on Scripture has been fullilled or not." — [Decision of Bishop Clidse on the case of Becker, June, 1844, Appendix, M.) Hence it is, probably, that Bishop Chase has been wont to sign himself " Bishop and Judge."' The charges preferred against the respondent never of themselves gave him but small concern. He telt, it is true, keenly felt, the odium attached to a jiresentment ; and was not insensible to the fact that abroad, where the circumstances were not understood, and the parties not known, as at home, he would inevitably sutler from such priOTaj^a- cie evidence of faultiness. But he has ever believed that the matters aflecting him would come to be understood eventually ; and because of this hope he has, for the most part, been of good courage. There have been circumstances connected with the finding, entertaining, and trying of those cliarges which have inspired deeper concern. Episcopal influence, and the in- lluence of wealth, are stern matters for a dependant presybyter to encounter and stand against. They are sometimes fearful in their bearings upon the administration of jus- tice.* But in this case, thanks to God 1 the weak things of the world have confounded the mighty. The respondent has escaped the snares ot the fowlers ; and with a united and increasing congiegation, bound to him and he to them all the more closely for the things he has suffered, strives to glorify his Lord and Master on this behalf— for that He has been to him a present help in ail the time of his trouble ; for that He has proved Himself, in his case, a strenutb to the poor, a strength to tub seedy is his distress, a REFUGE FROM THE 8T0R.M, A SHADOW FROM THE HEAT, WHES lUK BLAST OP TH« TERRIBLE OSEfl WAS A8 A 8T0BJU AGAINST THE WALL. (Isa. XXV. 4.) KIT' Answer could not be here made, as was proposed, (pa,gel3,) to the presentment of 1844, because the Court declined to sit to try it— deeming it out of Court, and defunct ; though the respondent asked and urged that he might be tried on it on his own motion, and tiie same had been consented to by all parties at the opening of this case. "We accept the proposition to nroceed upon both presentments,"' was the declara- tion of the presenters' counsel. The counsel employed by the Bishop, and the Court acquiesced. A brief answer, or explanation, shall accompany it in the Appendix. *In illustration it maybe stated, that in this case. Bishop Chase, while on the stand, as a witness, and in a manner that will not soon pass from the memory of those who witnessed it, shook his hand emphatically at the Court, and said—" They may remember that they too are amenable '." III. VERDICT OF THE COURT. The Ecclesiastical Court convened in the city of Chica"-o on the 26th of August in the year of our Lord 184G, lo try the Rev. Wm. F. Walker, on certain charges and specifications alleged against him in a Presentment bearing date the sixth of May, after patiently listening to the evidence adduced by the parties, and the aro-uments of their counsel, and carefully deliberating upon the testimony, have agreed upon the following verdict, to wit : Specificatiox First — Not guilty in the form alleged, and cen- surable only for taking any part in an election under circumstances so exciting. Specification Second — Net guilty. Specification Third — No evidence received. Specification Fourth — Not guilty. Specification Fifth — Not guilty. Specification Sixth — Not guilty. Specification Seventh — Guilty, in that he exhibited an un- christian temper. Specification Eighth — Not guilty. Specification Ninth — Not guilty, in manner and form alleged, but censurable in that he did not pay his respects to the Bishop, and present his class for confirmation. Specification Tenth — Guilty in so far as he exhibited an un- clu'istian temper. Specification Eleventh — No evidence adduced. (Signed,) CHARLES DRESSER, GEO. P. GIDDINGE, JOSEPH L. DARROW, JAMES DE PUL To the Right Rev. P. Chase, D. D., Bishop of the Diocese of Illinois : The Court above named, in accordance with the provisions of Canon first of the Diocesan Convention of 1845, still further ex- press and recommend as their opinion, that he pronounce upon the Rev. respondent the lightest penalty that the General Canon al- lows, viz. admonition. » Still farther, in view of what the respondent has already suffer- ed, and the expense of a journey to the Bishop's residence, the 40 Court would respectfully suggest that the admonition be adminis- tered without exacting; his attendance. Signed in behalf of the Court, CHARLES DRESSER, Pres't. Chicago, Sept. 10th, 1846. I certify that the above is a true copy of the verdict and opinion of the Court, as originally given. GEO. P. GIDDINGE. There are some striking peculiarities in the above " Verdict." The " decision on the charges respectively,'" it will be seen, First, is, in fact, an acquittal " on the charges contained in the presentment." Second, that it convicts for certain, /a 'frti not ^'■contained in the presentment," but de- duced by the Court. {See Dioces. Canon, page f, sec. 9.) Third, that the faults thus deduced by tlie Court are not recognised in the General Canon, which specifies the " offences for which miuit^ters shall be tried and punished." (&e Gea. Canon, pa^e 4, sec. 1 and 2.) Fourth, that the Court " still further express and recommend as their opinion," a "sentence which should be pronounced," to wit: "the lightest ])enalty that the Gen- eral Canon allows, viz., admonition, administered without cxactnighis,'' (the respond- ent's) "attendarice," which contravenes the following provision in tlie Diocesan Canon : "Before pronouncing any sentence, the Bi-hop shall summon the accused, and any three or more of the clergy, to meet him at such time as may in his opinion be most con- venient, in some church to be designated by him, which shall for that purpose be open at the time to all persons who may chose to attend, and the seuteuce shall then and there be publicly pronounced by the Bisho])." Fifth, that the " penalty" " recommended bv the Board," an'! allowed, as lecomme/id- ed, by ^^ the General Canon'," may not be exceeded, because of the provision in the Dio- cesan Canon, that the sentence which the Bisho]), (who is executive of" the Board" in so far as relates to the pronouncing of the sentence,) "shall pronounce, shall not exceed in severity the sentence recommended by the Board ; and such sentence shall be final." This, then, in short, appears to be the state of the case with respect to the " Verdict;" to wit: that the Bishop should declare judgment to have been rendered in favor of the respondent, notwithstanding the " Verdict;" and lor the reasons, 1st, That the " decision" in the Verdict, " on the charges respectively," so far as it finds the respondent guilty, does it not for "olfonces" recognized by Canon, and charged in the presentment, but touchiu" such indiscretions of the res])ondent as the Court seemed to have thought incidental to the subject matter of such charges, and, therefore, as to the Court, '• coram rwnjiidice." 2d, Because the sentence in the Verdict, if executed, must be taken in its integral character; but the sentence recommended, a.? rfc<)»i;7!rii'yff/, and manifestly allowed as recommended by the General Canon, cannot be pronounced, because of its contrariety to the Diocesan Canon ; and because the same Canon will not allow that sentence to be so pronounced, as to be in accordance with it. All this is submitted without intentional disrespect to the Court, in whose conscien- tiousness and disposition to perform their duty in the case, the respondent has and baa ever had the most entire confidence ; and towards every member of which he cherishes the regard of a brother in the Church. He is duly sensible of the difficult and embar- ■rassing nature of their position. Therefore in scrutinizing and criticizing thus their Verdict, he bars the supposition that it is his intention to liud fault with or to censure them. APPENDIX, Containing tlie papers referred to in the foregoing, and matters connected witli tliem. A, page 16. The following is so much of the provision in the " By-Laws of the Vestry of Trinity Church" on the subject of " meetings of the Board," as this issue involves : — There shall be stated meetinj^s of the Board on the first Tuesday of each month, and occasional meetings at any time, on the request of any three members of the Board ; provided, in such case, at least one day's notice be given in writing under the hand of the Hector, if there be one ; if there be no Rector, or he be absent, of one of the Church-wardens, or the time be fixed by adjournment at a previous meeting. — By-Laws of the Vestry of Trinity Church, Article V. Sec. 1. B, page 16. The following is the note referred to : Major H. : — There are no notices to be given for a Vestry meeting to-day. The Sen. Warden is engaged in Court, and, together with several members of the Vestry whom I have seen, thinks a meeting not necessary. Yours, AV. F. WALKER. [Chicago, March 3, 1846.] C, page 16. The forged note referred to was as follows : Dear Sir: Please attend a stated meeting of the Board of Trinity Church on the 3d instant, Tuesday, at 3 o'clock, P. M., at the oflSce of the Clerk of the Board of Vestry, No. 144 Lake street. Yours truly, W. F. WALKER, Rector. Isaac P. Hatfield. Clerk. Chicago, Tuesday morning, March 3d, 1846. 6 42 D, page 17. The " note" alleged, in Article IT. of the Presentment, to hare been " received from Mr. W. addressed to the V(\stry, stating that the Vestry-room of the Church was the proper place to hold the meeting, and that he would meet them there at 3 o'clock," (see page 8,) and referred to in page 17, was the following : Mr. W. H. Adams, Warden of Trinity Church. My Dear Sir : There has this moment been put iato my hands a notice for a meeting of the Vestry of Trinity Church, at the office of the Clerk of the Board of Vestry, this afternoon at 3 o'clock, purporting to be signed by myself as Rector. The object of this communI(;ation is to inform you, and any others who may assemble pursuant to such notice, — Avhich probably haa been circulated among the Vestry, — that no such notice has issued from me ; that, on the contrary, I instructed the Clerk to call no meeting to- day, and to pronounce said notice a. forfjcry. Disavowing entirely the notice, which was unnecessar)- as it was sinful, for that the By-Laws appoint the stated meetings expressly for the first Tuesday in each month, I shall be at the place at which our stated meet- ings have ever been holden — the Vestry-room of the Church — and be ready to open and be present in a Vestry meeting, should a quorum be present, and at the usual hour of 3 o'clock. Yours faithfully, Tuesday, March 3, 1846. W. F. WALKER, Rector of Trinity Church. E, page 19. Letter to the Bishop. Chicago, April 24, 1845. Right Rev. and Dear Sir: Shall our Church be consecrated, and confirmation be administered in it for my parlsli this season ? Many are the enquiries made of me almost weekly on these subjects, whicli I am unable to answer. Several candidates await confirmation, and all interested would be happy to have our neat and conmiodions Temple consecrated to Ilim for whose worship and service it has been erected. If you should visit us for the purposes named, it would gratify me and mine to have you make our house your home during your stay here ; though ]Mr. Slierwood, Warden, will claim the favor of entertaining you. That a visit to Chicago now would prove more grateful to }'ou than was your last, I may assure you with some confidence. That it would give me pleasure to hear from my Bishop, I need hardly say ; and to meet him as we parted on board of the steamboat, since which he has encountered such duties and trials, would make me espe- cially happy. I had hoped to have heard from him since his return ; but have not, except in the communication of the sentences of the suspended Bishops. Those sentences were pubhshed by me as required. I am, Bishop, yours, faithfully and dutifully, W. F. WALKER. Rt. Rev. P. Chase, D. D. 43 F, page 19. Reply from the Bishop. Jubilee, 30th April, 1845. To the Rev. W. F. Walker. Dear Sir : I received yours of the 24th of April, desiring me to come to Chicago and consecrate the new Chuich, for the building of which I gave SlOO when last in that city. Is this Church finished ? Is it out of debt ? Is the lot of land on which it is built deeded to a body corporate in law, or to an individual in trust for the Protestant Episcopal Church ibr ever '? Is there no mortgage or other lien on this pro])erty ? Please answer me the foregoing questions at your earliest convenience. My health is quite iTifirm, by reason of the injuries received in several falls, both in the steamboat, and since my arrival at home. In the night I have but little rest. Such is the diHiculty in any rccumJtent position, I seek repose in a chair. When 1 shall commence my visitations of the Di- ocese, I am unable to say. I trust to be well enough to attend the Convention of the Diocese on the 16th of June at S])ringfield. From there, I shall try to visit Alton, Albion, Chester, and (^uincy. Perhaps I may go to the northern parts of my Diocese in the fall. Your faithful servant in Jesus Christ, PHILANDER CHASE. G, page 19. A copy of the letter referred to is not to be found among the pa- pers of Trinity Church, which have come into the hands of the present Vestry. Application was made to the Bishop for a copy, but he " could not lay liis hands upon the letter at the time ;" there- fore the favor asked was not granted. The facts communicated in that letter, and for which chiefly it would be of value here, were substantially the following : Trinity Church edifice, the corner-stone of which was laid June 5th, 1844, was completed in September following. Its cost was a trifle below $3000. Two-thirds of this amount were contnbuted by friends of the enterprise, in small sums varying from $100 down to SI. The balance was obtained thus : $345 on individual notes for one year, at 12 percent, interest ; $630 on scrip — in sums, for the most part, of $50 — in form as follows : — Due from Trinity Church, Chicago, dollars, which it prom- ises to pay to , or order, out of the first surplus funds ot said Church, with interest at the rate of twelve per cent, per annum, which interest is at any time appUcable to the payment of pew rent in said Church. (Signed,) , Clerk and Treasurer of the Board.,. ^, Chicago, , 1846. No part of this indebtedness is a hen on the Church lot or edifice. Thr amount of S345, with interest, is all for which the congregation may be called upon till it has surplus funds; save that the holders of the $630 in 44 •crip may have their interest applied in payment of their pew rent at anr time ; if not thus applied, that interest is payable at the same time with the principal. The lot on v/hich the Church edifice stands was obtained through the instrumentality of the Rector from the Canal Board ; its title is in the cor- poration. The income of the Church has been more than adequate to meet its current and contingent expenses thus far ; and the congregation is uni- ted, increasing, and prosperous. Such was, in substance, the letter of the Cor. Secretary of the Vestry, to the Bishop, in May, 184.5. The debt of the Church, which precluded its consecration, is thus shown ; together with the fact of the Bishop having been officially informed by the Vestry of the state of the parish but two months before his visit in Chicago, which took place in July following. H, page 19. One month subsequent to the letter of the Cor. Secretary, the respondent reported to the Bishop, in Convention, as follows : I accepted the rectorship of St. James and Trinity Churches, in the city of Chicago, about the first of August, 184.3. My connection with the two parishes continued till the following Easter, (April 7, 1844,) when that with St. James' was terminated by my resignation, the Bishop con- senting. During the period of my charge of the two parishes, I officiated twice each Lord's day in St. James' Church, achninistered the Holy Com- munion on the first Sunday in each month, and on Christmas day, and opened the Church for morning prayer and an occasional lecture on the other stated Festivals and Holy days. From Advent to Easter, on Sunday evenings, in addition to the two regular services in St. James' Church, I officiated more particularly for Trinity parish in a public " Saloon" immediately within it. In the same period,! officiated four times and administered the Holy Communion once, in the country, 15 miles west from Chicago, in a neighborhood em- bracing some few members of our communion who desired my services. The children sent to me were instructed catechetically every Sunday. My charge consisted of about 110 families. I baptizt-d 52 (infants 44, adults 8) ; presented for confirmation 22 ; added to the communion 45 ; making the whole number of communicants 131 ; buried 10 ; and united 10 in holy matrimony. With the approbation of the Bishop, the system of weekly Sunday of- ferings, in connection with the " Offertory," was commenced by me at my entrance upon my joint charge, and was happily continued till its close. The amount thus received exceeded by a trifle 1 70 dollars, exclusive of the alms received at the Holv Communion. These oflerinss were appro- priated in part to the N. Y. B. & C P. B. Society ; to the N. Y. P. E. T. Society ; to the Domestic and Foreign Missions of the Church ; to the Bishop to defray the expenses of his visit to Chicago to institute me, &c.; and, in part, to aid in defraying some contingent Church expenses ; and to purposes of parochial charity. In addition to the Sunday offerings, funds were raised to pay for alterations and improvements in the Church edifice, for the Bishop, and for the Hector's salarj'. Since Easter, 1844, my connection has been with Trinity Church ex- clusively. Our services, which were two on each Lord's day, were held 45 in a public " Saloon" until September. In that month, we commenced the occupancy of a new, tasteful and commodious Church edifice, the corner stone of which was laid in June preceding by the Bishop, and which, with a most praiseworthy zeal, the congregation had brought to such happy completion. Tliis Church has since been open for the stated morning and evening services each Sunday, and lor instruction by mc, catecheticaliy, of such children and youth as have been sent to me for the purpose ; for morning prayers on other Festivals and Holy days ; and, from Advent to Easter, for a service, additional to the two stated Lord's day services, on Sunday evenings. I have administered the holy communion, during this period, on the first Sunday in each month, and on the Festivals ot Christmas, Easter, and the Ascension ; and have oiiiciated eleven times and administered the holy communion once, in the country, 20 miles north of Chicago, where is an interesting body of people really attached to the Church, and whose claims are urgent for a missionary to gather them together permanently in one, and to break to them " the bread of life." My charge at present embraces about 93 families. The whole number of communicants within it is 89 ; 5 have withdrawn, and 4 removed; 28 have been added as new. I have baptized 38 (infonts 35, adults 3) ; bu- ried 14 ; and married 1 2. None have been confirmed, for the want of op- portunity : several are " ready and desirous to be confirmed." The system of weekly Sunday otlerings, in connection with the "Of- fertory," has been observed in the parish, and with gratifying results. The amount received has been about S250. This has been appropriated to the Domestic and Foreign Missions of the Church; to purposes of pa- rochial and general charity ; and to aid in defraying contingent Church expenses. In addition to the offerings, the gentlemen of the parish have twice made generous contributions to the Rector, over and above the sal- ary ; and erected the beautiful temple in which we now assemble, and which awaits only the convenience and pleasure of the Bishop to be for- mally consecrated to Him for whose worship and service it is intended ; while the ladies, most zealous in the cause, have procured carpets, lamps, and trimmings for the Church, and furnished the Rector with a beautiful robe. The parish appears to be united and prosperous. May the blessing of God Almighty still be upon it I Immediately after the reading of this report, the Bishop stated, in open Convention, that Trinity Church, Chicago, was in debt, and could not be consecrated till that debt was paid off. The re- spondent attempted to explain the amount and character of the debt, to show that it was not a real obstacle to consecration, it be- ing, for the most part, merely nominal ; but the Bishop declared that he should adhere to his determination. On his return to Chicago, this was stated, by the respondent, to members of the Vestry of Trinity Church, and othei's. They felt aggrieved by it, and decided not again to seek the consecration of their Church, nor further to exert themselves to allow of its being consecrated on the Bishop's terms. Thus this matter stood, when the letter that follows, of July 12th, was received : JuBijLEE College, July 12th, 1845. To the Rev. W. F. Walker. Dear Sir : I have appointed to consecrate the Church in .Juliet on Sunday the 27th, if the Vestry and friends will pay off the debt which it at present owes. 4^ This being so small a sinn, (only $100,) I trust they will liquidate in good faith, and thus enable me to consecrate. If your people wiU do the same with St. Panr.vill appear, in its place, in this connection. Matthew xviii. 15-17, was overlooked and neglected in this case, as in that which has already been submitted. The paternal and fraternal duties therein pointed out, were unperformed. The re- spondent was unwarned of what was going on with respect to him during the entire session of the presenters. And this notwith- standing his nearness to the house at which his Right Rev. Father in God stopped, and the fact that he saw him within that time. That it all took place subsequent to the events stated in the note on page 31, may suffice to be said till the key shall be finally given. The paper containing the charges and specifications in the pre- sentment of 1844, now considered, with the statements out of which they were made, which has been mentioned as having come into the hands of the respondent, is as follows, — with the exception that under the head of " Remarks," is matter in answer or explana- tion now added by the respondent : In pursuance of instructions from the Right Rev. the Bishop of Illinois hereto prefixed, the persons therein named assembled in the Vestry-room of St. James' Church, on Thursday the Gth day of June, and proceeded to investigate the charges submitted to their consideration by J. H. Kinzie and A. C. Becker, Esqrs.,* under the following heads or specifications, to wit: First, Immnralilj/ — In that in reference to an altercation between Mr. Walker and Mr. Becker on Clarke street, Mr. Walker told Messrs. Kinzie, Strail, and Hamilton that Becker called him " a damned liar." (B.'s charge.) Mr. Becker called — States that he did not call Mr. Walker " a damned liar," and used no profane language on that occasion. A. C. Becker. Jno. H. Kinzie called — States that Mr. AValker told witness that during the altercation alluded to, Mr. Becker called him, Walker, " a damned liar." J. II. Kinzie. An affidavit signed by J. J. Stewart was submitted, marked A.f Mr. Strail called — States that immediately after the altercation, Mr. Walker called at his store and said Becker had called him " a damned liar," " cursed Uar," or words of like import. Remarks.— The matter alleged in the specification is re-affirmed, with the addition that Becker at the same time said, " If it were not for your profession, 1 would give you a d — d thrashinor." It is in the testimony of a witne.s8to whom Becker himself spoke of the interview im- mediately after, that he used profane language in giving his account of it. The " altercation" was as follows : The respondent was passing down one of the streets of Chicago, on the side-walk, when he was suddenly interrupted by A. C. Becker, who, stepping in before him, said, " Sir, have you received a communication from me on the subject of an anonymous let- ter you have received ?" The reply was, " I have, sir." Becker then said, •' Have you retracted your charges that I am the author of it ?" To which it was replied, " I have neither affirmed nor denied any thing on the subject, further than my own belief and that of others, formed upon a carelul comparison and examination of the hand writing of the letter." Then followed from Becker the language which the specification affirm* the respondent ascribed to him, with the addition heretofore given. The respondent made no reply, but continued on his walk till he met Messrs. Strail snd Hamilton, to whom be related the assault that had been made upon bim •An initial letter following each eharge will indicate who preferred it. t This affidavit the recpondent has not. 49 Second, LiiinomlUif — In that Mr Walker told Mr. Kinzie that Mrs. Becker had severely censured Mrs. Kiiizle's conduct at the parsonage, and expressed herself to have been tempted to iuilict personal cnastisement on Mrs. Kinzie. (B.'s charge.) Jno. II. Kinzie called — States that Mr. Walker told witness Mrs. Becker said she was so indignant at the conduct ol" tlie ladles, that she wanted to choke tlieiu or shake tliem. Jxo. H. Kinzie. Mr.^: IJecker called — States she did not tell Mr. Walker any thing of the kind. S. C. Beckeh. ,1/w.s (.%trlof((^ Whiting called — States she was present at the conA*ersa- tion between Mrs. Becker and Mr. Walker, and heard no such remarks from Mrs. Becker. C. L. Wuitin'G. Remarks.— The allegation studiously leaves out Mr. Becker as authority given by the resijondcnt lor wluit he is represented as having allirmed of Jlrg. Becker. Let this be supplied, and tliespeciricatiou ivill present the truth almost liturally. Becker stated tlie same to one of tlie presenters, and to several others. Sherwood te«- tilied, in his depofition for this case, as follows :— " I heard Mr. Becker say that his wife was at t!ie meetinj^ at the parsonaiije, and entirely disapproved of the conduct of Mrs. Kinzie. I told it^to J[r. VV., I believe, and to a f;"ood many others." In the deposition of another witne.ss is the following: — -'Mr. Becker said that Mrs. Becker fait very indignant, and was tempted to take Mrs. M. and Mrs. Jiiuzie by th« jieck and put them oiit of tlio door." The same wiis said by Becker to two others, besides the respondent. Ihe athdavit of Mrs. W. on the subject is subjoined. It is as follows : "Mrs. Alida K. Walker maketh oath, that in the afternoon of the sixth of November, 1813, after the meetiuj5 of ladies 'at the jiarsona^e,' Mr. Becker called at the house while the family ivere at tea ; that he came immediately to the table, on invitation, and at once said to Mr. W., ' Well, how did it •;o .' How did it go at the meeting?' To which Mr. W. replied, • Ask Mrs. Becker : I will abide her jutlgment ;' that to tnis Mr. Becker rejoined, ' 1 have asked her about it.' Upon which Mr. W. asked, ' What did she say?' that to this Mr. Becker re))lied, ' Mrs. B. felt indignant, very indignant, and was templed to take Mrs. 31. and Mrs. li. by the neck,' (or shoulders, which is not recollected,) 'and put them out of the door ;' that he then turned to this deponwit, and said, 'Why! Mrs. W., how could you stand it? Mrs. B could not have done so.' '\ALIDA R. WALKER." " Sworn to and subscribed before mc this 22d day of December. A D. 1846. " GEO. DAVIS, Clk. Co. Com. Court." Becker, at this time, was professedly with the respondent, and opposed to Mrs. K. in an issue which she had just made with him. Becker, before the presenters, stat«d that issue, in its effect on the respondent, tr) be, that ■' Mrs. K. should rule the parish no longer as she had done for nine years. Either he or she would be rector." • Third, Immorality — In that at ]\Ir. Becker's house in November last, Mr. Walker drank one-third of a bottle of claret and one hall" bottle of Madeira wine. (B.'s charge.) Mrs. Bcclcer called — States she was present, and the specification is perfectly true. S. C. Becker. Miss Ckarlolfe Wkilinfj Ci\\\ed — States that she remembers Mr. AValkftr's dining at Mr. Becker's in Nov. last, and thinks he drank half a bottle of Madeira and some claret. C. L. Whiting. Fourlh, Immoralili/ — In that at supper at Mr. Becker's house in De- cember last, Mr. Walker drank very nearly a rpiart of Madeira. Mr. Tuckerman remarking at the time to his sister, "I think the parson has taken too much." (B.'s charge.) Mrs. Becker called— States that Mr. Walker, with Jlr. Tuckerman and Mr. Warner, and her husband,drank two bottles and a half of Madeira wine. Mr. Warner drank very little, not being well. Her brother remarked to her he thought the parson ha,d rlrank too much. She replied, " I trust not." Mr. Tuckerman said, " You will find it so." Mr. AValkcr drank more than gentlemen usually do at her table, and more than her husband was in the habit of doing. Thinks he drank nearly a decanter full. S. C. B-ECKER. 3Ir. Tuckerman called — States he remcmbei'S the time spoken of. Thinks Mr. Walker drank a larger proportion than either of the others 7 50 at the table. Thinks he drank two-tliinls of a bottU? of wine, either sher- ry or Madeira ; does not remember which. They sat, perhaps, one and a half hours at tlie table. He remarked to his sister that Mr. Walker had taken too much. Thought Mr. Walker's example a very bad one, espe- cially to his brother-in-law, Mr. Becker. L. TUCKERMAX. AFixa Charlotte Whiting — Thinks Mr. Walker drank as much as any of the other gentlemen at the table. She counted five glasses that he drank of Madeira or sherry. Cannot say whether he drank one or more glasses in addition to the five. C L. Whiting. A. C. Becker states that at the supper at his house in December last, Mr. Walker drank very nearly a (juart of IMadeira ; it may have been two or three glasses less than a quart. That witness and 'Mr. Walker drank after the others left off drinking. Mr. Walker did not refuse to drink when asked. Thinks he, witness, should have stopped sooner if Mr. Walker had declined. It was his custom to fill for his guests before his own glass, as he did in this instance. A. C. Beckek. Remarks.— Specifications 3d and 4th are denied, in so far as they charge excess upon the respondent ; and against the assertions ot Becker and his family, 5Irs. B., iliss W., and his brother-in-law, Mr. T., tlic resiiondent would submit all that is known of him through his whole life on the subject of wine-drinking. Appendix, M, will probably satisfy as to the motives which prompted these charges. It deserves to be noted, however, that the specifications and witnes.«es are confined to a single house. If the respondent wore in any degree justly obnoxious to a charge of drinking, would it not have been elsewhere discovered and known, and would not other occasions and witnesses have been adduced? In preferring the.se charges, have not the presenters, in effect, declared the respondent innocent of other similar offences? If this be so ; then, in view of the position oi ]5ecker and his family with respect to the respondent, he feels that he may justly claim that his eutii-e innocence be concluded. Fifth, Immorality. — Mr. Walker told ^Mr. Becker repeatedly of his be- ing a decided Puseyite, and that he intended to engraft the principles, doctrines, and practices of the Oxford Tractarians in the parishes here. This he subsequently denied. (B.'s charge.) Mr. Becker called — States that in sundry conversations with Mr. Walker he avowed himself to be a decided Pusej-ite, and that it was his intention to introduce gradually the doctrines and practices of the Ox- ford Tractarians in the parishes here. A. C. Beckee. Mrs. Kinzie called — States that Mr. Walker told witness that he had said to the Rev. Mr. Patterson he, Walker, was a red-hot Puseyite, and he now knew what he had to depend on.* Mr. Walker never denied to her that he had made such assertion. Mr. Walker told witness that he, W., was one of a band of young cler- gymen in New York who had promised to sustain ISIr. Newman, and that he had written to him to that effect. That Mr. Walker's name had been particularly mentioned to Mr. Newman, and that he, Mr. N., had prom- ised to write to Mr. Walker. Juliette A. Kixzie. Mr. Iluhhle Johnson called — States that last winter at Capt. Russell's office, he, Mr. Walker, denied ever having acknowledged himself to be a Puseyite. Capt. Russell asked him if he was a Puseyite. He said he was not. Kemarks.— The denial charged in the specification is repeated and maintained. Let it be called to mind, that at this date the Carey ordination, &c., and Dr. Pusey's sermon on the Eucharist, were fresh topics of interest and excitement. In his inter- course with various classes, these and kindred subjects were frequently brought to the notice of tlie respondent, and his own views sought to be educed. At such times, whenasked," Are you a Puseyite?"— he has i)ften replied thus,— and this has been his fullest admission on the subject,— "If to receive the teachings of the Book of Common Prayer is PuEeyism,then I am a Puseyite." To the Rct. Mr. Patterson, Pastor of the • In the deposition of the same witness, and snch, cloubtles«, is the meaning here, ft is.-" that he and Ut. P now knew the ground which they stood upon in relation to each other, or words tu that eflVof ■' 01 ■Second Presbyterian Society in Chicago, lie once said what the witness alleges, but in this connection ;— Mr. r. said of ceitain views wliicli the respondent had dropped, " Wliv, that is I'useyism — red-hot l*u:^eyism !" to which tlie reply was, ''Very well; then 1 am a red-hot I'useyite." This was re|)eated to Airs. K.; and hence the partial statement above given in support of the sijecitication. In aliirniing that Mr. 1'. now knew upon what ground he and the res))ondent rela- tively stood, the respondent had respect not onlv to what is here related, but to a letter which had just before been addressed to the liev. Mr. Basconi, with others, among whom very prominently was the Kev. Jlr. P., which is as follows : — " Rev. Mr. Bascoh, and others. " Gtntlemtn : " Were there no other cause for my not meeting with you this evening, in my health would be found ample reason to prevent it. A threatened lever has kept me to my bed throughout the day. But, if this were not so, allow me j)lainly to .»ay, that there are such moral imix^diinents in the wav as would efleetually i)reclude my "being with you. These are to be found in those ecclesiastical diderences between us, which lead lis to pursue courses well nigh antaj^onist to each other for the accomplishment of those moral and religious ends which we, I doubt not, with eoual honesty a)id earnestness, are en- daivoring to promote. The view which Kpiscopaliaus entertain of the organization of the Church, and of Christian doctrine, discipline, and worship, so differs from that of thoi* wlio are not with them, and this diflerence so binds their consciences, as to make it impossible for them to unite with others in the manner and for the objects now pro- posed, yucli a union would involve the recognition of orders not admitted by uf>, the sanction of doctrines not approved, and the promotion of a worship which opposes our view of expediency and duty. The object you have in view commends itself at once to our understanding and our affections. 'J"hc means by %vhich that object should be pro- moted, we conscientiously believe, are to be found in that ' Church' which is ' founded upon the Apostles and Prophets, Jesus Christ himself being the chief corner-stone;' to this, tlierefore, that we may not depart from the 'Apostles' doctrine and fellowship,' must we limit our efforts for its promotion. What I can do, througli the Church, lor the improvement of the condition of Seamen, will be cheerfully done : and, as evidence of my good will in this regard, I now offer to officiate for them in my church gratuitous- ly, twice in the week, on tiie evening of each Sunday and that of any other day in the week that may suit their convenience. While we have to difl'er thus much religiously, gentlemen, it will give me pleasure to be one with you socially, and to be free m the'interchange of the courtesies of private life. You will, I am sure, appreciate the frankile.ss of this .statement, with the addition that the views herein expre-ssed govern me in regard to all religious movements which are carried on by a professed union of all denominations of Clu'istians. " I am, gentlemen, " Most respectfully and truly, " Your obedient servant, " W. F. WALKER. "Chicago, Oct. 20, 1843." Upon the copy of this letter retained, there was made at the time the following, KoTE.— The occasion of the above letter was this : the Rev. Mr. Bascom called on me yesterday, the 19th inst., and invited me, on behalf of himself and " the different min- isters in the city," to meet them at his house this evening to co-operate with them in arrangements for a public meeting of " persons of all denominations'' to awaken an in- terest m behalf of Seamen, and to raise means for the erection of a "Bethel," and the sup- port of the Rev. Mr. Roulette (Prosbyterian) as preacher in it. Thinking my reasons lor not assenting might not be appreciated, and so be misrepresented, I waived the pre- sentment of them to Mr. Bascom, informing him that he should hear from me in the course of the following day, in fuKilment of which this letter was sent. That the respondent received the views of Mr. Kewman so far as they approved them- selves as Catholic, and declared hi? determination to abide by them, and so support Mr. N., is true. His confidence in Mr. N. was such, that he was ready to repel with the con- fidence with which the same was once done by the sound and accomplished Bishop of New Jersey, the imputation that he was looking with desire towards Rome. All that there ever was of the "band of young clergymen," and of the respondent in connection with Mr. Newman, is in the following from a letter received trom the Key. James C. Richmond, bearing date " Oxford, January 1, 1842, ) " Mr. Newman's Study, 5 P. 31., in Oriel College. ) " My Dear Walker : "A happy New Year to you, and the Troy boys all." (By Troy boys was understood a number of young clergymen, friends of the writer, then in and around Troy, who held common or similar theological views.) ******* "This morning, accidentally. I went into St. Mary's Church, and there I heard a man reading, and, as soon as I looked at him, 1 knew him to be Mr. Newman : and here I am. in nis very ,ii(7)!c. B.. and C . uiid E., &c . as bcii\g ' gomeof tnc stirring men of " pff u.'m'', or Catholic, old or new views, ' which ever epithet yoTJ please, Mr. N ' said I. "I told him that you were all as much again on the qui rivr to pet every thing from Oxford as the people of England are. He caid it would he a jfreat encouragement to the young men, cowed here by authority, to hear ol symjiathy in a distant part of the Church. ******* " You will psobably, some day, have letter."* direct from Newman, or some of ;/if party, ('pshaw I y«u say,) in consequence of my visit. ******* " Take notice, the first part of this Icttei- is written with Jlr .'Newman's pen. AVhen 1 a.iked him for it, he laughed, and said, ' Vou had better take a new one ; I'm afraid it's a very bad pen.' " ****** * "When I wrote the two other letters, I meant them, as tliis, for t)ie whole ot my friends in Troy, and the Trey boys. (Signed) KICHMOND." The account of Mr. Newman which the body of the letter from which the above ex- tracts are made contains, is so remarkable as to have given it great interest at the time , and causes it, when 5Ir. N. was so much before the Church, to ue often spoken of by the respondent among his friends The following, from the deposition of Mrs. K., may possibly serve to connect the above with what she asserts was said to her, as near u& memory may be supposed to be faithful : Ck)D5BEi,. — " You have alluded to a band of young clergymen, whom you state Mr. W. said had written promising to sustain Mr. N. m his doctrines; that Mr. \Y. had reason to know that his name had been particularly mentioned to 3Ir. N., and that Mr. W. was then expecting a letter from him; let me here ask you, whether, about that time, Mr. W. ever mentioned to you the name of the Rev. James C. Richmond, and whether Mr. W. did not read to yon a letter or letters he had received from Mr. B,., or tell you the contents of such letter or letters ? Mas. K.— " It is possible that Mr. W. may have quoted to me, though I did not see the letter; I have no recollection of seeing it." The respondent regrets to occupy himself thus with what may seem to m.iny simply tattle ; but as a mountniu of "criines"' ha.« been attempted to be built u]) out of such mole-hills, there is no resource kit tor him but to notice the parts, to ellect the de- struction of the whole. Sixth. — Mr. Walker has charged A. C. Beckei* with being the -writer of aa anonymous letter, and upon his solemn denying in writing, refused to retract (B.'s charge.) Mr. Jacob Russell called — States that Mr. Walker showed him an anon- ymous letter which he said resembled Mr. Becker's handwriting, and that he thought it was from him. Becker denied it to witness, and wrote to that effect a respectful note to Mr. Walker. Capt. Rus.<>eU called — States that Mr. Walker brought to his office an anonymous letter, which he said he believed was from Mr. Becker. Wit- ness was of opinion it was Mr. Becker's handwriting until Mr. Becker as- sured him to tJie contrary. Mr. Walker charged the writing of the let- ter u]wn Becker, and expressed himself confident of it. Said there Aras no doubt of it Becker wrote a note to IMr. Walker denying the imputa- tion. Xhe letter is on file marked G.* ***** * Mr. Becker submitted the accompanying affidavit marked D,t denying the authorship of said anonymous letter, and states that Mr. Walker j^er- sated in charging him with the authorship after he, Walker, had received both a written and verbal denial thereof. A. C. Beckek. REM4RK8.— The respondent did not retract his opinion as to who was the " writer of the anouvmous letter' before the " altercation on Claike street," (specification 1st;) subsequent to that " altercation" he could not. The " anonymous letter" itself had no special importance ; it was simply a cowardly attack for a suppo.«ed endeavor on the nart of the respondent to have a young man who was a candidate for Orders, then in Chicago, appointed by the Bishop, lay-reader for * This letter, by some means unknown, got out of the possession of the respondent into the hands of these pre.^entcrs ; it lias not come back with this paper. t This affidavit is not In the respondent's possession. 53 St. James' C'lnii-cli attwr Kasteiv 1«44, mid so put it to a disadviintage as cuui])ared with Tiiulty. One nliu lias Kitice buconii' a incsciitir, asstilfii tliattlu' iijiiondent had sotiglit this, and took imioti iiitorost in iiroiiidiciii}; him on iiecoiiiit of if. While the fact is, the yoinij; man was appnintc-d 1h> -i-eadci- by tlie liishop only two days after the date of the re.spoiident's institution as lii-ctor of , St. James' Cliurch, Oct. 3, 1&13. The instrument of apijointmeut is as lollows :— "Chicago. Oct. 3d, 1S43. "During the pleasure ofthe Bishop, Mr. r?aiiklin R. Ilaffis hereby appointed a l.ay- Jleadcr in Chicago, on Salt C'reoJx, and on Anplaines J{iver, Id., to be under the direo- tion and oversight ofthe liev. Mr. "Walker, JJeclor of St. .lanu-s' Clnu-eli, Cliieago. • I'lilL'K CHASE, Bishop of Illinois." Who should rc)>ent himself for the injurious suspicion which prompted the " anony- mous letter,'' and the evil that ha.s hence resulted, is not kuovvn. Seventh — In that lie has usetl the name of the Creator in a common and irreverent manner, thercliy violatiiin; the 3d couuiiandment (B.'s charge.) Mr. A. C. Becker called — States that he has frequently heard Mv. Walker use his Maker'.? name on trivial occa.sions. In common conversa- tion, he freciuently appealed to the Deity as -witness of the truth of what he was saying. The expressions were, " God is my witness," " Good God, is it possible !" Has not hoard him swear, but his appeals to the Deity were more frequent than he has heard from any layman in this country. A. C. Becker. Mr. Kinzie does not think he is in the habit of using the Lord's name in vain on trivial occasions. Has heard him use such expressions as " God is my Judge," &c. Jxo. H. Kixzie. W. L. Whltim] states he has heard iMr. Walker appeal to his Maker in the manner described by I^lessrs. Becker and Kinzie, not irreverently, but unnecesxarUij. W. L. Whiting. REM.4.RKS. — This specification is deemed to be sulficjently explained by the statements on which it is based. The opportunity is taken, however", to deny that the expression attributed by Becker was ever made by tlie respondent. It is believed to be known to all his acquaintances, that he is characterized by an ap- propriate reverence for sacred names and thincs. The statement made by Mrs. Kinzie, but, because of its not being in the risht vein probably, not given above, was, that she was " not aware that lie is in the habit of using the Lord's name on trivial occasions." Eighth — Violation of Ordination Vows — In that the Rev. W. F. Walker has not maintained and set fbi-th as much as in him lay, quietness, peace, and love, especially amongst those committed to his charge, to wit: That he remarked to Mi-s. Ivinzie on Saturday before Christmas, that "Mrs. Whiting, with her shallow mind and great pretensions, had, throughout the whole of the affair, endeavored to make herself of a vast deal more consequence than she would ever succeed in doing;" and then related some anecdote to prove how LIrs. Whiting had endeavored to set herself up for a theological reader. (B.'s charge.) Mrs. Kinzie called — States that the above specification is substantially correct. Thinks Mr. Walker has not conducted towards his communi- cants as a pastor should do. That there are but few of them of whom she has not heard liim speak disparagingly. His conversations with witness have not been calculated to promote peace and good will, kind feelings, or a high estimation of her fellow Christians. Juliette A. Kinzie. Capt. Russell called — Was asked the question whether Mr. Walker, " when reviled he has reviled again ?" He answered, " Yes, in saying many things against members of his Church calculated to produce harsh feelings." Jno. H. Kinzie states lie knows of instances where Mr. Walker has vio- lated his ordination vows, to wit : in endeavoring to create unpleasant dif- ficulties between Mrs. IGnzie and Mrs. Whiting. Jno. H. Kinzie. W. B. Ogden called — When asked if Mr. Walker had violated his ordi- nation vows, replied — That he thinks he has in a wanton and intentional manner by -creating difffrtMiccs and din.eak harsh- ly of the opinions which diflered from his own, expressed by his parisliioners. Mr. W. expressed himself very much di.ssatislied, when he had propased preaching a course of sermons upon the doctrines of the Church to Mr. S.; Mr. 8. rather objected, and thought it would not answer to enter at once upon those subjects. Mr. W. repeated Mr. .S.'s words, shrugging his shoulders, saying, ' IVople were so timid and so afraid.' Mr \V. imitated Mr. tj. m his way of speaking. " Q. Do you know or can you state other instances where Mr. W. spoke contemptu- ously or uncharitably of other communicants of his Church? •' A. Mr. W. on one occasion, . . . asked me what I thought of baptism accord- ing to law ? I told him I did not understand him. He then repeated a conversation he had had with Mrs. Whiting the day before, at Jlrs. S's, in which Mrs W. had made the remark, that ' she believed in any baptism that was according to law.' Mr. W. laughed so loud and talked so vehemently about the absurdity ofthe answer, that it seemed to attract the attention of the passers by."' " I told Mr. "W.that Miss Emma AVlnting was a Unitarian. I had it from her own lips; openly and avowedly so. Miss E. AV. made no more of a secret of it than I did of being an Episcopalian. I never said that Mrs. W. favored Unitarianism, for she was grievedthat her daughter was one ; that Mrs. W. fold ine that she was a decided I'l-es- oyterian, and had been educated so; and that Bishop Stuart, of Canada, had admit- ed her to the communion, though she had informed him of it her herself It may be well to note the remarks under the 10th specification in connection with what is here given. NlntJi. — Mr. Walker has abused the confidence extended to him in his clerical capacity, by repeating conversations and ridiculing them in pub- lic. (K.'s charge.) A. C. Becker called — States that on the occasion of the death of Beck- er's child, Mr. Walker abused their confidence and hurt their feelings by- ridiculing, in conversation with others, Mr. and Mrs. Becker's wishes ixx regard to the burial service. A. C. Becker. •The person who thus judged of the respondent was at the time a member of the fam- ily of Whiting; has, perhaps, read the Ordinal, but is in no wise connected with the Church,— not even by baptism. lie has certain property interests in the vicinity of St. James' Church, by which he is rcgjirded as being in an especial manner influenced in his sympathies with that side of the river. 66 W. B. Ogden states, he mot Mi-. Walker near Becker's house, who said, in his usual rapid manner, that ^Ir. and Mrs. Becker had some very ri- diculous notions, " very ridiculous, indeed," which he had settled or re- moved. Did not then know to wliat he had reference from Mr. Walker. It was between the death and burial of their child. A C Becker being asked by ^h: Kellogg whether he proposed to bring forward further witnesses to sustain this charge, he, Becker, pledged him- self to do so, if necessary, herealler. A. C. Becker. Eemares. — It will be noticed how logically the specification is deduced from the stutemeuts; — a K^'ieral charce. from a single vajjue anil almost unmeaning case! Mrs. 15., nurtured in the Lnitarian system, had rciine.sleU that, at the burial of her child, the accustomed ceremony of dropping the earth be dispensed with, 'i'he respond- ent satisfied her that it was better otlierwi.-ie ; and then spoke of the objection, and of its having been obviated 1 And this \va.s an abuse of ' the contidence exteuded to him in his clerical capacity !"' O tempora 1 O M»res 1 Tenth, Immorality — Tn asserting to Mr. Bockor and Mr. Kinzic In the Vestry-room, on 22d Dec. 1S43, that the ladies of St. James' Society hissed and stamped at him on the occasion of the meeting at his house 6tli Nov. preceding. Mr. Walker next day attempted to explain by saying he had been told so, but refused to give his authority. (K.'s charge.) A. C. Becker called — States that Walker said to him, witness. In the presence of Kinzie at the Vestry-room, that, at the meeting at the Rec- tory, Mrs. Magill, Mrs. Kinzie, and ]Miss Williams stamped and liissed while he. Walker, was addressing the ladies. A. C. Becker. Mrs. Kinzie called — Sa}-s that at the meeting at the Rectory, there was no hissing or stamping by the ladies, to her knowledge. Juliette A. Kinzie. Remarks.— To an understanding of specifications 10th and 14th, with which also the 2d may be connected, it is necessary to be stated, that many professed friends of the Church, feeling that the time liad come for commencing the erection of a church edi- fice on the south side of the Chicago river, where is by far the largest portion of the population of the city, with a view to the establishment of separate services for Trinity congregation, agreeably to an understanding between both parishes and the respond- ent, at the time he accepted the Kectorsbip of the two. had come forward and oiTered certain specific cotitributions to the object, provided the Ladies' Society would co-op- erate and raise .$500 for the same ; and requested the respondent to propose the subject to the ladies, and, if possible, secure the desired co-operation. It is true that a jealousy on the part of some on the north side of the river, of any movement in favor of the south side, had shown itself previously. A witness of the presenters thus testified : " I inferred there was a jealousy existing on the part of those residing on the north side of the river towards the building of a Church on the south side." But as the establishment of Trinity Church, organized, with the approbation of the Wardens and Vestrymen of 8t. James', for the south side of the river,* was in the com- pact with the respondent, he felt that good faith towards those on the south side of the river, no less than very obvioiis duty, demanded him to regard them as far as duty to the whole people committed to his charge should seem to require, and occasion .should be given. He, therefore, readily consented to serve the interest named, by making the desired proposal to the ladies at an early opportunity, anticipating no other than a cor- dial and almost unanimous response to an application so proper to be made, and, if ac- * The following is a resolution which was adopted at a meeting held June 28, 1842, preliminary to its organization : " Resolved, That in the opinion of thi.s meeting, it is important and necessary to the interests and increase of the Episcopal Church in this city, that a Church be perma- nently established on the south side of the Chicago river." This being approved by the Wardens and Vestrymen of St. James' Church, and other persons connected with that congregation, the organization took place on the 5th of March next following. The faihire of all efforts made to secure the services of a clergyman for the newparisli. caused the interest in it gradually to subside, till at the respondent's arrival in Chicago, Trinity Church existed only in name. But that the respondent might legally and canonically have the oversight of the entire field, the Wardens and Vestry 'of that Church invited him to their spiritual oversight in con- junction with his rectorship of St. James' ; both congregations, however, forming but one, worshiping in St. James' Church edifice; and it being understood, at the same time, between all the parties,that Trinity Church should receive some distinct services, be revived, it possible, and, in due time, be permanently established. (Query. Does not the resolution above throw some light on the subject of parish boundaries in Chicago? Let this be considered in connection with a statement invol- ving this subject in the note on page 27.) 56 riuiesced in, so proiiii-^iiis; of gooil to ilie Master's ciiusc. The contrary, however, trans- pired. 80 soon as it came to be nnderstooil that at a };in;ii niiH-iinj; of the ladies tho liroposal named would be submitted, an u|>i)Osition to the plan and tlie respondent urose among liis parisliioiieis in the nortli. ForeniO!-t in this o|)position was Airs. K., who, till then, liud expressed herscU', toucliin;; tlic respondent, in terms of hi-'h satis- faction, nieir relation may be gathered from Mrs. K.'s testimony; it was as iollows : "I became aciiiiaiutfd with Mr. \V. in 1S43. He remained an innnitc of our family a little more tlian tiirec weeks. After he left our house, we frequently invited liim there. He came to our house more familiarly and intimately than any other ac- iiuaintance." — Her local relation to St. James' Church is in her testimony thus: "St. James' Church is opposite to our house; the street divides us from the Church." — Her interior relation to tlie parish may perhaj's be inferred tVom the declaration before no- ticed, attributed by lieckcr to the res]>oiident as liavini; letii made just at this juncture, to wit. that'- he would ])ut Mi-s. K. down. She should rule the parish no longer, as .she had done for nine years. Kither he or she would be Hector." At the lime contemplated, the pi-oiiosai which the responclcnt had been desired to present to the ladies was made. JVIrs. J\. hastestilied of it thus:—" Mr. W. did in ray inx'fence propose to the ladies of St. James' Sewiuf; Society, which at that time em- traced a number of the ladie* who, it was sui)posed, would become a part of Trinity congregation, to go to work vigorously and prepiu-e for a Fair, at which be said he liad no doubt they could raise i^!')W ; that with that money they would go to work and lay the foundation of Trinity Church ; and there was no doubt that the gentlemen would use every effort to complete it." The manner in which Mrs. K. received the proposal, and tlie character of her oppo- siticjn, aje thus given by a witness of the prcenters : — ■' We had some money on hand, and a good many articles. AVe were preparing for a Fair, wlien we were expecting to receive a considerable sum. Mr. W. wi.slied tiiat the money should be approjiriated to the building of a Church on the south side of the river. He wished the ladies to co- oper:ite, as I understood it. " 1 have said that 1 thought Mrs. K. said loo much, and that I did not like to have it ridiculed — our having a Church on this [the south] side of the river." " Mrs. K. said if the geutU-nien were going to appropriate the ladies;' money, they had better come and cut out tJio aprons and work, and have some knitting." (.') The meeting of the ladies at which tliis took place being but partial, not embracing the entire ladies of his charge, the respondent, on tliu Sunday following, uotilieda gen- eral meeting to be held at the parsonage tlie next day. to allow him to submit the pro- posal to and invite the co-operation ol all. On Monday afternoon, Ts'ov. fjth, the meeting was held. The respondent addressed the ladies pres'-nt on the subject whicli had been the means of their assembling, and urged a general anil united co-operation with the gentlemen in an ell'ort to builil Trin- ity Church ; insisting that sectional leclings and local interests should be disregarded in view of the char:icter and magnitude of the results sought to be accomiilished ; that the division of the city by a email river should not be allowed to divide Churchmen in a great efloit for the Church, like that proposed. This is the meeting referred to in spe- cification loth. In the light of what has been stated, it may be judged from testimony educed from presenters' witne.s.ses, wkether the respondent might not have .said " that ladies hissed and stamped at him on the occasion of that meeting ;" and, to substantiate tho asser- tion, might not have said that others knew the .same, for they had told him so. It is proper to state, that what Mr. AV. asserted to Jlessrs. Becker and Kinzie in the Ves- try-room, (see specification ,)was said in answer to a reouest that he would state his causes ol grievance, with a view to explanation and reeonciliatiou. It was said, therefore, aa to the chief party herself— to 3[r. K., that he might state to Mrs. K. what were the re- spondent's views and feelings with respect to thecouise she had taken. Sherwood testified thus :— '■ I heard ladies, who were present at the meeting, censure Mrs. K.'s conduct at that meeting. I do not remember any more except my wife ; there were others, but I have foi-'jottcu who." Mrs. Sherwood thus : '• I have .said that ths manner of the ladies was not respectful." Another witness thus : '• I don't remember much about it, it was so long ago. They showed no respect to Mr. W." Another thus : " I presume Mrs. W. and Miss R. heard me sixjali of signs of disap- probation exhibited by the ladies towards Mr. W. at the meeting referred to, as I have done to others. '• I heard Mrs. JI., tapping the floor with her foot, sav, ' Walker wants to be Bishop himself.' 1 consideied Mrs. M.'s conduct a very great disrespect. " Mr. W. said he showld not think they would allow a little stream, Chicago river, to make any difference towards this [the south] side. Alter this remark, Mrs. M. made the above remark, and tapped witli her foot as above stated. 1 did not hear the ex- pression, ' Shame, shame I' but I was told it was said." A witness of the respondent testified with respect to this last point thus : "When Mr. W. said the ladies ought not to let it appear that the river would divide their feelings, he was interrupted by, I think, **»**»**» **•**»•», saying, ' For shame, Mr. W. for making such a remark.' I sat ne.xt to her." The same could have been corroborated by other witnesses. So much may suffice, however, for a fair judgment on speciticatiim lOtli, and to aid somewhat iu the forma- tion of the same on the 'Zd and 14th, and, perhaps, some others. Elevenih — Mr. Walker asserted to Mr. Becker that he was pained to see the indignity and contempt -with which Mrs. Kinzie treated Mrs. AVhi- ting in company. This he admitted that he had said in the meeting at Mr. Kinzie's lioiise iu the aflcrnoou of the 22d December, in the pres- ence of Jlci'srs. Rogers, Saltonstall, ^^^^iting, &c. ; but the next morning i>7 retracted it, with uiauy otLer thiugs, in coiiversatiou with Mrs. Kinziti, on tlie ground that he had not understood what was attributed to him. (K.'s charge.) Mrs. Kinzie states that Mr. Walker admitted his having said that Mrs. Kinzie had treated Mrs. Whiting with contempt and indignity. The following day he denied having ever said what was stated by Mr. Becker, and when reminded that he had edmitted it the previous day, said he would not have done so, if he had understood it. Juliette A. Kinzie. A. C. Becker states that Mr. Walker expressed his surprise to him that Mrs. Whiting should so warmly sustain Mrs. Kinzie in her opposition to him, Walker, after the indignant and contemptuous manner in which Mrs. Whiting had been treated by Mrs. Kinzie, at a party, when the Bishop was present A. C. Beckek. Remarks. — The respondent did say to Becker, when told that Mrs. Whiting sustained Mrs. Kinzie against him, that he was surprised at it, after having herselfbeen treated with such disitispect by Mrs. Iv., but a short time before. When this was complained of by Mrs. K. to the respondeat, (for IJecker soon communicated it to her,) he said that «uch was his impre.s.«ion other course towards Jlrs. W. ; but, as it was a matter of opin- ion simply, if Mrs. W. did not so view her conduct, did not feel that she had been treat- ed contemptuou.sly., the respondent was ii.dilferent. Uis own tastes and habits led him to a difl'erent estimate of the case ; and he spoke of it from his own impression. The re- traction referred to is to be found in tlie above explanation, and there only, whatever may have been Mrs. K.'s understanding of it. It is submitted whether Mrs. K.'s teeling and interest in this case, would be most fa- vorable to a precise and literal reoollectiou, such as is professed, of conversation* had long before. It is upon this very exact memory that the main points in several of thes* specifications depend. The following question and answer from the deposition of Kinzie, may serve to show that very possibly there was smne foundaUon for the respondent's impression : " Q. Did you or your family speak lightly to Mr. Walker of Mrs. Whiting, because ot a certain matter in regard to wliich appeal was made by Mrs. Kinzie to Bishop Chase ? " A. There was a question upon a passage in the Bible, about which Mrs. K. and Mrs. W- were in conversation one evening at Mrs. Magill's, Bishop Chase being pres- «nt. They both agreed to leave it to him to decide. He cttncurred with Mrs. K. 'When we returned honte in the eveuingj Mr. Walker being present, the subject was moved, and remarks made both by Mrs. Kinzie and Sir. W. about Mrs. Whiting's ignorance or the passage in question. I do not recollect what expressions were made." Twelfth, Immorality — In calling his Maker to witness that he was not on the building committee, by directions of whom the alterations in the Church were made. (K.'s charge.) Jno. H. Kinzie. — A minute of the proceedings of the Vestry held at Capt. Russell's office on the 19th September, marked B, was read.* Mr. Kinzie states that this minute was read to ]Mr. Walker ; that the latter subsequently told witness he had nothing to do with superintending al- terations in the Church, and did not know he was on the committee. He, Walker, directed the alterations, and they were made under his su- perintendence. Parry was the carpenter employed. Jno. H. Kinzie. Y W. L. Whiting states that Mr. Walker called God to witness he did not know he was on the committee of alterations, until long after the altera- tions were completed. W. L. Whiting. W. W. Sedionstall made some explanations — States that he was present at the Vestry-meeting, and was not himself aware of Mr. W.'s being on the committee. Wm. W. Saltonstall. Mr. Parry called — Says Capt. RusseU engaged him to do the work and referred him to Mr. Walker for instructions. Mr. Walker took charge of the alterations. Mr. Kinzie requested his pew to be made of a certain size. •'- BxxABEe —The case of the respondent wm precisely that of Mr Wm. W Saltonstall "given above ; he did not know that he was or the committee, but supposed that in all * This minute came not to the respondent with thlp paper 8 58 ne did he wbs acting for the coininlttoe, BRreeably to s request by C apt Rtusell that li« would do 80. This was the view wheu Capt. R. eniployea tliu tarpcuter, Parry, aud told him to abide the directions ot the respondent. There was no complaint on tliis oubject until Kinzie's, Whiting's, &c., fell out with the respondent, when it became an object for Mr. K. to change tlit- responsibility of hia pew being made, in the course of tlie alterations, more spacious than that of Whiting, of which the Whitinj^s had seriously complained, by placing it upon the respondent. This point is providentially settled by the statement of I'arry, givea above. Tlie respondent could never have said that he had nothing to do with superintending the altsrations ; this was toooiieu aud manifest : 3Ir. K. is mistaken here. Thirteenth. — Mr. Walker assigned as a reason for not complying •with Mrs. Kinzie's request for an interview and explanation of matters in which she felt aggrieved, that he had acted entirely by the advice of Mr. Saltonstall, -who thought Mrs. Kinzie's letters "so improper," that Mr. Walker could not, in justice to himself, take any notice of them. On the same occasion, he gave as a reason for not acceding to the above request for an interview, that Mr. Becker told him it was to be a meeting pre- liminarj' to forcing him to resign the rectorship of St. James'. (K.'s charge.) Juliette A. Kinzie. Mrs. Kinzie called — States the above specification is entirely correct Mr. Saltonstall called — States that Mr. Walker called on him. and showed him Mrs. Kinzie's first letter, (marked E,) requesting an inter- view. He told Mr. Walker as it was an important matter, he should pre- fer having Mrs. K.'s specification. On receiving the second letter, (marked F,) witness advised him to take 24 hours to consider of it, and give it serious and prayerful consideration. A. C. Becker states, that he did not tell Mr. Walker it was to be a meet- ing preliminary to his being forced out of the parish. He told liim noth- ing of the kind. A. C. Becker. , Remarks.— Of the latter clause in the specification, a re-affirmation of what Becker told the respondent may suffice. The correspondence itself, taken in connection with the above statement of Mr. Sal- tonstall, may be sufficient respecting the former. It is as follows ; " Sir,— " If you think proper to accede to the request of Mrs. Kinzie contained in the accompanying note, will you please specify to me the time at which it will be most con- venient to you to call at our house, in order that Messrs. Whiting and Becker may bo at leisure to meet us. " Respectfully yours, " JNO H KINZIE. " TOBSDAT MOWJISO, Dcc. 12, 1843." , "Rev. Sib,— " A very painful impression has been left on my mind by certain injnrl- ons statements respecting ine, reputed to have been made on your authority. "In the relation in which we stand, of clergyman and parishioner, I cannot doubt you will hasten to offer such an explanation as will remove all cause of complaint. I trust, therefore, you will think me justitied in requesting you to name the earliest hour convenient for an interview, in ordur that the truth may be made manifest. " As parties concerned in the statements in question, I should wish that both Mr. Whiting and Mr. Btcker might be present on the occasion, and it would also be ray wish to invite the attendance of an old and valued friend in the Church, who may Judge impartially in the matter. " Very respectfully yours, " JULIETTE A. KINZIE. "Chioaoo, Dec. 12, 1843." ".J. H. Kinzbb: " My Dear Sir:— A reply to the letter of Mrs. Kinzie, enclosed in yours of to-day, to me, is herein sent to you. By handin" it to Mrs. K., you will oblige, " Your friend and pastor, "W. F. WALKER. " CnicAoo, Dec. 12, 1843." "Mb8. J. H. KutZIE: " Dear Madam .—On being informed what are the ' statements raipecting y«n, repu- ted to have been made on my authority,' by which ' a painful impression has beea left on your mind,' as is stated to have been the case in your note of to-day, I ' will hasten,' as you have not doubted I would, 'to offer such an explanation' as I shall be able ; and, by making ' the truth manifest,' will endeavor to ' remove all canse of complaint.' But while, as at present, ignorant of tht ' statements,' the utter impossibility of my replying to them, or pronouncing upon tht-m, must be apparent. Whether ttiey have been made by my ' autherity' or not. presents, lo far as I can diieover, no question for arbl- 5U tration i for lu eo ftir ae thev are true, iiivolviug no mijapprelieusiou or niiirepresenta- tion, 1 Bliall oertaliilf aiinilt them, aiid so far shuil cheerfully consent to be lield an- swerable to you. IJut, in so fur us tUey Involve miaapprehension or luisreprestntation, 1 shall as certainly deny tliein ; and hold it us a case solely hotween niytelf and thti Xjersou or per^ons'tlirouf^h whom the ' statements' have been made to you. " Ko ' statements- which 1 have made or authorized regarding; you, Jladam, not mis- apprehended or misrepresented, can. I am pure, be otherwLse 'injurious' than as the truth may so jirove : and this certainly could not liav»i given the • painful impression' which ' h"a. • " Verv respectfully yours, "JULIETTE A. KINZIE : " Chicaqo, Wednesday. Dec. 13. 1843." < i To this letter no reply was made, because, under the conviction attained through the adviee of Mr. Saltonstall, it was forbiddpn. Subsequently, the meeting with Kinzic and Becker in the Testry-room took place, where a meeting with Mrs. K ., for a mutual statement ot giievances and explanations was agreed upon for the 23d of December, and which is often mentioned in these charges. The meeting was ultimately productive of no good, as this paper sufficiently shows. Fourteenth. — Mr. Walker asserted to Mr. and Mrs. Kinzie on the 1 2th Not., that at the meeting of the Ladies' Society at j\Ij-s. Foot'.", one of the ladies had told him something with regard to Mrs. Kinzie, but which of the ladies it was "7;e could not furhii^ life recollect" when urged to give his name ; but afterwards, on tlie '23d Dec., in the presence of Rogers. Saltonstall, &o. admitted that he "■did recollect" and denied that he had told Mr. and Mrs. Kinzie that " he could not do so." (K.'s charge.) Mrs. Kinzie states that every word of the above is true. Juliette A. Kinzie-.. Jno. II. Kinzie states that the above specification is true.* ■Jno. H. Kinzie. John Roqers states, that in the interview at Mr. Kinzie's house, Mr. Walker denied saying to Mr. and Mrs, Kinzie that he could not recollect • And yet this same person, under oath, depo.'ed as follows : " Mr. Walker told Mrs Kinzie, iii my presence, that, at the Sewing Society at Mrs. Foot's, he had been told that she had said something against him: and when she asked what it was, and who told him, he said he ' would not teil,' or ' could not tell.' When that convcrsiition was referred to subsequently at my house, he said he ' knew the person, but would not give the name;' the witness gnre it first, and then erased these words, and said instead, ' could not for his life recollect' who told him." By this testimony tlie offence of the alleged deniaj.at least, is removed; while it shows how very uucerfnin, after al!. ie the exacteat lutmoiy in regard ro precise word* used in conversation. 60 the name of the lady who gave him the information. He was then asked to give the name, which he declined. John Rogers. Remarks.— An extract from the deposition of a witness of the presenters, taken in connection with tho Itemarks under Speciiication 10th, may perhaps sufficiently explain Specification 14th. That the testimony was elicited in a cross-examination will be ob- vious. It is as follows : " Q. Does it consist with your knowledf^ that any lady at that meeting [at Mrs. Foot's] informed, Mr. Walker that Mrs. Kiuzie, during that afternoon, had been ridi- culing the plan that it was understood Mr. W. intended that evening to propose — to have the ladies co-operat* by lending their eft'orts and appropriating money to build Trinity Church? "A I don't know of any lady informing Mr. W. that Mrs. Kinzie ridiculed his plan, but I know that it was talked of in his presence, but don't know that any one particularly told him. " Q. Did not you state, in abed-room in your house, at that meeting, to Mrs. Walker and another lady, that Mrs. Kiuzie had ridiculed Mr. W ■.« plan that day ; and did you not express yourself to them as much injured in your leeliiigs by it ? " A. I don't remember of .saving it to Mrs. W. 1 liave said tliat 1 thought Mrs. Kin- zie said too much, and that I did not like to hear it ridiculed — our having a church on this [south] side of the river. " Q. Did you not, among other things, say on that day, or at any other time, to Mr. W. himself," that Mrs. Kiuzie had said that if the gentlemen wanted the money, they had better oe furnished with some knitting, &c. &c.? " A. Mrs. Kinzie said if the gentlemen were going to appropriate the ladies' money, they had better come and cut out the aprons and work, and have some knitting ; and I presume I told it to ili>. W." The witness did tell it to Mr. W., and that too on his entering the house at the meet- ing of ladies referred to. When the respondent mentioned the circumstance, he wa« pressed to disclose the name of the lady who told him. Not wishing to involve her ■with Mrs. K., he declared that he could not give her name. That " he could not re- collect," is a misunderstanding of his words, lie believes that he always " did recol- lect" the witness above quoted as the author of what was referred to, wliich was what is given above from her deposition. The denial on the 23d of December, was in correc- tion of the misunderstanding referred to. Fifteenth. — IMr. "Walker told Sir. and ISIrs. Kinzie, that he had left his parish in Troy voluntarily, and in consequence of some misunderstand- ing with Dr. !MiInor. (K.'s charge.) Mr Becker states that Mr. Walker has told him the same thing, and that he had never been except on terms of peace and harmony with any of his congregations. A. C. Becker. Mr. Kinzie heard Mr. "Walker say that he left his parish in Troy volun- tarily, in consequence of a difficulty with Dr. Milnor. Jno. H. Kinzie. Mrs. Kinzie states that she has heard him make the same assertion. Juliette A. Kikzie. Remarks.— That the respondent did resipn his rectorship of Christ Church, Troy, " voluntarily," and without its being anticipated either by tne Vestry or congregation, or ever suggested by either, is here affirmed. It is believed that, at the time, it waa neither thought of nor desired by any. The harmony that was in the relation which was thus severed, may be inferred from the fact, that the Wardens and Vestry empow- ered the respondent to call his successor, by a resolution like the following : " Resolveri, That the Rev. W. F. Walker, understanding the wants of this parish, be and is hereby authorized to call the Rev. , at salary, to the rectorship which he has just resigned." By virtue of this resolution, the Rev. Edward Ingersoll was invited, by the respond- ent, to the position named; and the vacancy, at the expiration of about six months, du- ring which time tlie chip-ch was supplied by the respondent, was thus filled. Tne determining cause which led to the respondent's resignation at that precise junc- ture, was an occurrence that took place on occasion of a visit to his church of Bishop Meade, and the late Dr. Milnor. That occurrence is stated by tho witness, Mrs. K., as having been related to her by the respondent, two and a half years before, with an ex- actnes.s with the facts themselves sucti as will bring a .scene of painful interest to the memory of the Rev. Dr. Barry, of Jersey City, and those brethren of the clergy, then in and about Troy, who were present and witnessed it ; and to some of whom w'as at once communicated by the respondent his intention in view of it ; an intention which was executed within a few hours after. The occasion on which the occurrence referred to took place, was that of a visit of the Rt. Rev. Bishop Meade, the Kev. Drs. Milnor and Barry, and the Rev. clergy then in and about Troy, to the church of the respondent, on the evening of the 23d Sunday after Trinity, it is believed, 1839. Bishop Meade preached ; the respondent said prayers. Dr. M. had expected to have done this ; out the respondent having been informed by a brother that he had said he should, by his manner, "give Walker a brush in his own church," he was not asked ; but was seated with the other clergy within the chancel. 61 Says the witness, " the Bishop had hardly finished the Benediction, after hie sermon, and the congregation had not left the cliurch, when Dr. JI. jumped up and danced about, exclauning. ' Oxford Tracts and Popery ! Oxford Tracts and Popery !' He, Mr. W., was very much mortified, and told Dr. M. he desired to know what he alluded to. Dr. M. said, in the first place, the very lorm and finishing of the church was objection- able. Mr. W. told him it was built, [arranged rather, as rcjjards the chancel,] upon a plan recommended by Bishop O., and had been followed in instances before, and he did not suppose that any fault would be found with it. Dr. M. then objected to the bowings and gestures [?] that Mr. W. had made use of in the service. Mr. W. replied he was not conscious of^having made use of any bowings and gestures, except the bow- ing at the name of Jesus in the Creed, as is cu.'itomary in the Church. Dr. M. replied that he should bow his head reverently, and not the knee, or in some way found fault with Mr. W.'s manner of doing reverence. Dr. M.'s remarks were of such a character, and made openly, before many of the congregation, who had stoi)ped to listen, and Mr. W.'s feelings were so much hurt, that lie went home and wrote his resignation to the Vestry that very evening, and that he would not remaiu in charge of the church ano- ther dav after such an occurrence had taken place, lie stated that the parish had been gathered together by his, Mr. W.'s, exertions; that he had embarked a good deal of his own property in it;" ($500 were given by the respondent towards the building, besides gratuitous .services for a long while;) •' that they were not a very strong Church people, and he was afraid of the cfll-ct of remarks coming from such a source on people of tnat character, that it would occasion trouble in the parish," &c. This scene was related by the respondent before the venerable brother whom it in- volves had " fallen asleep." It is due to his memory to state, that to a Rev. brother now in Is'ew York City, he subsequently expressed his regret for the occurrence, and thought he had gone too tar. Sixteenth.* — Mr. Walker reproved Mrs. Kinzie for using the expression " Trinity Parish," and told her to say " Our Church over the river" that there was no such thing as " Trinity Parish," that " it had ceased to exist," and subsequently claimed to have been called conjointly to St. James' and Trinity parishes, and assured Anson Sperry that the call he received was by a conjoint letter from the two parishes, written at Mr. Norton's store. (K.'s charge.) Mrs. Kinzie con'oborates the above so far as it refers to herself.f Juliette A. Kinzie. Mr. Kinzie confirms the specification, and .states he was present when Mr. Walker reproved Mrs. Kinzie for using the term " Trinity Parish." Jno. H. Kinzie. Mr. Anson Sperry states, that three or four weeks before Easter, Mr. Walker told witness he had received a call from Trinity Church as well as St. James', and the call, as he understood, was given by both parishes at the same time, written at Mr. Norton's store. He heard Mr. Walker state at Mr. Skinner's, before he went East for his family, that they had done the fair thing by him ; that he had received a call from both churches. Semasks.— The note to " Kemarks" under Specification 10th, page 65, will explain what is alleged to have been said by the respondent touching the existence of Tnnity Church ; and the fact that the canonical certificate of his election to its rectorship waa sent by its Wardens to the Bishop August 9th, 1843, might be sufficient to substantiate the claim asserted to have been made. But as concluding more perfectly, if possible, that point, and at the same time evincing the present relation of the respondent to his parish, the following, from the Records of Trinity Charch, officially communicated to the respondent Feb. alth, 1844, is submitted :— " Whereas, in the month of August last, the Rev. W. F. Walker accepted the Rec- torship of Trinity Church, in conjunction with that of St. James', in this city, on an in- vitation from this Board ;— and "Whereas, it was then believed that such partial services as it was supposed he would be able to render this parish, in connection with those required by hjs other charge, would be commensurate with its wants, the contrary of which is now indicated, by the unexpected prasperity of this Church and its promising prospects for the future ; — and " Whereas, a change corresponding with the change in our circumstances, it is be- lieved, should be made in the relation to us of our Rector,— the substitution of his en- tire services for the partial oversight contemplated in our present relation : — Therefore, " Resolved, That the Rev. \V, T. Walker be invited to the Rectorship of Trinity Church exclusive of St. James' ; and that he be requested to enter fully upon his duties as such Rector, at the earliest period compatible with the engagements by which he is at present holden." * This specification was not in the Presentment which was served on the respondent. t " Perhaps I should rather have said that he corrected the expression than that he reproved me," explains the witness, Mrs. K., in her deposition. 62 Ibe canonical certificate uf tbe ivbovc was at once sent to tht Uishop by tbe Wardeui It was in form ae fulluwit : "We. the Churelnrnrdenp, do certify to the Ri^'ht licv. I'hilander Chase, D. D., Bishop'of the Diocese ofl'linoi-;. tli:\t llie Kev. W'm. P. Walker has been duly cboteu Eector of Trinity Church, in the City of Chicago." • The above Charges and Specificationp were served on the re- .«;pondent, in the form of a Presentment, June lOth, 1844. A Citation Avas prefixed to the document, calling on the respon- dent to appear and answer thereto, in the basement of St. James' Church, Chicago, on the 8th of July then folloAving, before a Court consisting of "the Bishop as Judge, and not less than three or more than six presbj-ters, assessors with him ;" said '• presbyters" to be " selected by the accused* out of a list of the clergy of Illi- nois,"t which w^as therewith furnished. The following note accompanied the Citation and Presentment : (Private.) To the Rev. W. F. Walker :— Dear Sir, — I have fixed the time of your trial according to the Canons. It can be altered, should you wish an earlier period. Please to let me know before I write to my Counsel. Your obedient servant and friend, PHILAN. CHASE. Monday, lOth June, 1844. As soon as these papers were received, the respondent sought a friend, whom he induced to accompany him in a call on the Bishop. At the interview then had, the respondent asked, 1st, That "some neighboring Bishop be requested to preside upon the trial," as the Canon allowed, where the Bishop of the T)ir ocese was " a party concerned ;" — 2d, That the time for the trial be some two or three weeks later than "that appointed, to allow of some testimony being obtained from Troy, touching Specification 15th ; and from New York, Philadelphia, and Boston, to impeach the " swift witness," Becker. In relation to the former request, such solemn asseverations of im- partiality were made, that it was at once waived ; and txa the latter, it was replied, that Specification 15 did not belong to the Present- ment ; that it had been ordered to be stricken out, and that the tes- timony of Becker might be set aside. " . ' Two great impediments being thus removed, the respondent was anxious for an immediate investigation, and urged the Bishop to allow the provisions of Canon with respect to time to elapse before trial, (as suggested in the note from the Bishop above given,) as- sessors, &c. to be waived, and permit the whole case to come at once before him alone, as Judge and final arbiter. He seemed disposed to listen to this proposal, till dissent was expressed by the Rev. Ezra B. Kellogg, then present. To Mr. K. the respondent simply remarked, that he had called to see and consult with the Bishop ; and to him, therefore, he renewed hi? proposal, and urged its adoption. ' At this stage of the matter, the Bishop demanded, " You must. sir, enter into a recognizance for the costs of the trial, before any thing further can be done !" Startled by the introduction of so • See Canon XIV. of 1838, sec. 5, page 46. t Nine in number, exclusive of two of the Bishopj family, and the B#v. presenter. 63 extraordinary an issue, the respondent and his friend both object- ed to the demand as novel and oppressive, and claimed that of those who had sought the trial the demand should have been made, — of the plaintiffs, and not of the defendant. With the exception that the time for the trial was postponed one week, to the 15th of July, and the new issue respecting a recog- nizance, which might result in the postponement of the trial in-, definitely, was made, the interview was without account. At 4 o'clock P. M, of the day following, a letter, of which the following is a copy, was sent to the Bishop : Chicago, June 11, 1844. Rt. Rev. and Dear Sir : From the hst of the Clergy in the Diocese, wlilch you kindly furnished me last evening, I would select the llev. Joseph L. Dai-row, the Rev. Geo. P. Giddinge, and the Rev. James De Piii, to " sit as assessors "with the Bishop," on the trial of myself, appointed for the 15th of July. I shall, God ■willing, be ready, at the time and place appointed, to an- swer to the Charges preferred, and I hope to the satisfaction of my Bishop. As regards provisions for the expenses which will be incident to the trial, not including those to which I must be subject in procuring my tes- timony, it can hardly be that the prosecution will claim an exemption from the rule which Is ever observed in civil cases. The rules which pre- vail in such cases, we have been taught were to govern here*, and if so, that matter is settled at once. It is ail that I can bear, and more than I ought to be subjected to at this time, for I am truly poor, to secure the testimony and the counsel which it will devolve upon me to procure. I cannot, therefore, do any thing towai-ds defraying other expenses of the trial. The feelings of my friends generally are like those expressed to you by Mr. S******* this morning, as far as I can gather. Could the proposal which I made this moruing, to dispense with the forms of law, and seek at once the merits of the Charges, be acceded to, I am of opinion the cause of right and the good of the Church would be promoted. If this may not be, I abide within the rights secured to me by the Canons, and conceded by my Bishop, and hold myself ready for the trial as appointed. DutifuUy, Your presbyter, W. F. WALKER. Rt. Rev. P. Chase, D. D. At 5 o'clock, P. M. of the same day, the following was received :t To the Rev. W. F. Walker : Dear Sir, — I gave you the list of the Clergy of Ulinois, from which you were respectfully requested to select such as you desire to be assessors with the Bishop on your trial. You have not as yet made the selection ; and if you had so done, I am precluded from writing to them to attend at the time appointed, ^•iz. on the 15th of July next, by the fact of your friends having refused to enter iiv! to an agreement to pay their expenses in travelling to Chicago. ' I am not able to bear this expense ; nor they to endure it without in- jury to their famihes. '^ * Allusion is here made to declarations made by the Bishop on the trial of Becker. Appendix, M. , t It would appear that the letter of the Bishop was written before that of the respond- ent reached him. If so, it narrows the time allowed the respondent for deliberation and decision, from the time the Presentment was served on him, to less than one day. Still the Bishop says, " You have not as ypt," &c. Cyf thi» haste to conclude a pcint against the respondent, otheri may judge. 64 I am compelled, therefore, to postpone your trial till a sufficient sum of money has been raised to bear the expenses thereof. Your friend and servant in the Lord, PHIL'R CHASE. Chicago, 11th June, A. D. 1844. The Bishop having succeeded in getting the respondent pre- sented, had caused him to be thus brought more especially under his power ; and while a time had been " iixed" for a trial, had in- troduced a foreign and before unheard-of issue, by which to keep the respondent " fast bound," until, perhaps, lie should be finally broken. For this is the complexion which the course of affairs, at this time, assumed. How true is this judgment the sequel will show. On the morning of the 12th of June, the following letter was put into the hands of the respondent by the Rev. E. B. Kellogg, who said that the Bishop was then on the steamboat, and was to leave the city in a few moments : Chicago, 12th June, 1844. To the Rev. W. F. Walker : Dear Sir, — I cannot require the presence of the named assessors on your trial in Chicago, at their own expense, nor at mine. They are poor, and I am without means of support. More than SI 00 will be required to indemnify them their loss ; and only one half of this sum is promised to be raised by the members of St. James' congrcojation. Unless, there- fore, something be done, I must of necessity be obliged to defer your trial till we all meet in Convention in Springlleld. As to the matter of " equitj-" in " dispensing with the forms of law," I have no right to do so ; these forms of law meaning in this case, the Canons of the Church.* These we are all bound to obey by our ordina- tion vows. By no other means can " the merits of the case," as mentioned by you, " be attained," and legal sentence pronounced. I can on this head, add no more than this ; that if, when Mr. Becker's testimony, (against which you so strongly object,) is withdrawn, you can say you have done wrong, and are willing to stand corrected and advised by your Bishop, and promise to do so, no more ; asking God's forgive- ness . In this case acting sincerely, by divine assist- ance, you can live down all things now alleged to your disadvantage. Your faithful friend, P. CHASE. The respondent hastened to the boat, where he found the Bishop ; when there followed the interview related in the Answer on pages 20 and 21. Of that interview, the Bishop testified thus : " The boat was just going off. Mr. "Walker appeared in great agitation, and requested that something might be done before I went off. I told him I knew of nothing to be done, excepting his confessing his crimes. His crimes were stated in the presentation. I observed to him that al- though there appeared to be an impossibility in bringing him to trial, that there was one way he might evade a trial, and that was by peni- tence ; that his accusers would, and I knew, if he was truly penitent, God would forgive him ; and thus he might be restored to peace and useful- ness in the Church. He professed to be very sorry, and I hoped he was sincere ; and, under the influence of that hope, felt very friendly to him. spoke friendly to him, and expressed my sincere wishes that Grod would * By the note of .Tune 10th, page 62, it win be seen that the Bishop offered thip very thine, thus, to wit : " The time ot vour trial, fixed accordirjr to the Canons, can be al- teped," &c. 65 bless him. I accordingly desired him, as tliere was uo opportunity tlicu to write any thing to my satisl'uction, as the boat was going otV, I desired him to address me at Detroit. He promised so to do. When in Detroit, I waited for his letter with anxiety. 1 received a letter, and it was en- tirely unsatisfactory. lie treated the subject as il" it was a quarrel be- tween him and his parish, instead of his being guilty of crimes. lie foi^ gave them, and hoped they Avould forgive him." The letter referre(4 to \va.s as follows : Chicago, June 12, 1844. To the Rt. Rev. V. Chask, D. D. : Ml/ Itcar Bishop. — Gratitude for tlu; termination of one of the mo.xt trying dillicultics I could be called to encounter, prompts a hearty ao- Jcnow^ledgment tor the kindness of your manner to nic this morning, and of your parting assurance. 1 trust in God that henceforth you shall liave cause only to be satisfied with the faithful service of one who has ^vithout intentional tiiult, been the occasion of so much suffering as you must have endured on this account during your late stay among us ; and that by a walk chastened by the heavy titrokes with which I have just been visited, I may more en inently glorify the Master Avhom we together own and adore as our Hiiad and Lord. That I have been without fault in all that has oecured here, I would not pretend ; to tiiis extent I have never sought to justify n)ys(;lf. For iill the wrong I have done, I certainly " am willing to stand corrected and advis-ed l)y my Bishop, and to promise, ' God being my helper,'" to endeavor hencetbrtli so to live and serve as shall meet your tavor, and secure for myself and for that loved branch of the vine over which I am placed, that "blessing by which we may together be built up and mtido '• strong in this grace wherein we stand." Further, I most cheerfully pro- fess that I '• am content to Ibrgive from the bottom of my heart all that any here or elsewhere have trespassed against me, and to make amends for all that wherein I myself have offended." In the exer(!ise of such charity, I hope, "by Divine assistance," to perform the duties before me, and so to commend mj-self to men's consciences in the sight of God, as to *' live down all thijigs now alleged to my disadvan- tage." I should be glad to meet all who have set themselves against me. and to have that reconciliation which must be effected here in order to the admission of us all into the kingdom glorified hereafter. I shall attend to the matter of the scholarship, to which no thought could before be given by me, because of the overwhelming pressure of the cares that have been upon me. Mr. H*** will be made ready for Jubilee as soon as possible. We shall get him off, in all probability, in the early part of week after next. Command me as yoii will. Bishop, and T shall prove myself most truly. Your affectionate and faithful presbvter, 'W.'F. WALKER. Such was the. letter which the Bishop has characlerizerl as '• the 00th Tract I" (See the statement of Col. Davis, page 31, note.) And, in the above testimony, is his judgment rendered on the case of the respondent in the Prepentment before given of 1844, to mt: ** Guilty of crimes ; the crimes stated in the presentation !" And yet, -will it be believed ? in June, 184t% and again in August follow- ing, he claimed to sit as a "Judge" to try the respondent, on that very Presentment, upon which he had already, in efiect, rendered such a judgment ! And that, too, it Avill presently be ?cen, not only withoar, but contrary to Law '. For Canon XIV. of 1838, had, in the mean time, been rcy)ealed. and Canon I. of 184.') been ndopied. The Bishop's reply to vrhni he has termed tlic " OOth Tract," was as follow? : 9 66 Buffalo, 20th June, 1844. To the Rev. W. F. Walkkk : Dear Sir, — I received your letter while at Detroit, but had no time to reply. I wish you had made my written communication to you while at Chi- rago, instead of the oral conversation on board the steamboat, the sub- ject matter of your letter. I referred you to that communication, and now repeat that reference. I have the promise of the gentlemen of Trinitj'Tarish Testry concern- ing the payment annually in advance of S50, for a scholai-ship in Jubilee.* The other SuO I have received in advance from St. James' Vestry already. The vacation in Jubilee, 3 months, ■\vill commence on the 1st of Au- gust . It would not be advisable for him (Mr. H***) to go to Jubilee till afler I return, which will, if the Lord will, be about the first of November. ' With kind regards to the members of Trinity Church, " , I am, 'I', Your obedient servant in Christ, P. CHASE. Finding themselves thus disappointed by the Bishop, in the non- fulfilment of the assurance he had given them, that he should stay in Chicago till all the matters touching the respondent, concerning which he wished to institute enquiry, should be set at rest, and he be acquitted or condemned, and by which they had been influenced to serve on the enquiry and to join in the Presentment, four of the presenters, laymen, addressed the Bishop as follows : To the Right Rev. P. Chase, D. D., Bishop of the Diocese of Illinois: The undersigned beg leave respectfully 1o state, that, in June last, they were by you appointed members of a Committee of Enquiry into alleged charges against the Rev. W. F. Walker ; that, impelled by a de- sire to elicit the truth, by an impartial hearing of the charges preferred, and the assurance that it was but preliminary to a full, speedy, and final trial, — thus affording the accused an opportunity to adduce testimony and offer explanations which they were confident would rebut entirely, or materially qualify, the charges preferred, — they concurred in his present- ment ; but, being now satisfied that the design and object of their acqui- escence in the presentment of INIr. Walker have been entirely frustrated, by the postponement of his trial to an uncertain and distant period, thereby subjecting him to unmerited reproach, and them to the painful conviction that their own act (intended solely to afford him the occasion of exculpating himself) has been misintei'prctcd, to his injury, as an ex- pression of their helief in his moral guilt ; they are constrained to with- draw their names from the Presentment submitted to you by them, as members of the Committee of Enquiry. In thus relieving themselves from the false position In which they have been placed relative to Mr. Walker, they deem It not less their duty than pleasure, to express their conviction, of his innocence of moral wrong as alleged, and then* full and cordial satisfaction with him as their Rcctor.f His steadfast devotion to the cause of his IMastcr through trials, we be- lieve, ■without a precedent, they have witnessed with pride and gratitude. * This was giren in oonformitv with wbnt is stated in ttie Ailftwer, on page 28. TJie position subsequently assumed by the Bishop towards the respondent and liis parish, prevented it* fulfilment. : Thus, four of the presenters liclieved the respondent " innocent of moral wronr as alleged;"' he beliivcMl himself innocent, and tliiiiks he b&e shown, in his "Hemarks^' under each siicciticution, that ;lic was so; and vet the Bishop helioved him "guilty,"' (•haracterize, fi,) was adopted; by which. Canons XIV. and XV. of 1838, (see sec. 13, page f),) were repealed. A few days after the Convention, the respondent met the Bishop on the IMississippi River; and, by his manner, was so pained that he resolved to seek peace once more, or a separation. He. there- fore, addressed to him the following : — Afitsissippi River, June 23, 1815. Ht. Rev. axd Dear Sir — Since leaving Springfield. I have thought much upon our position relative to each other ; and the conclusion to which I have come is, that you would feel it a relief to have me leave your Diocese. Painful, there- tore, .as it will be to my feelings to break up thus my connection with the Diocese of Illinois, T will yet observe what T believe to be your pleasure, by asking a letter dimis.sory to Bishop Kemper, stating, of course, all the circumstances of my present position; and that T be allowed to resign my present rectorship. Ff the Bi.shop prefer otherwise, "will he please regard me as betorc him for admonition and correction whereinsoever he niay have thought me to have erred, and let me thereupon be restored to a measure of that favor which T hoped to enjoy when I came into his Diocese ? The present es- tr.angement is too trying. My chastisement. Bishop, h.as been a sore bur- den : relieve me, if you can consistently; if not. let me encounter the lesser pain of separation, as above requested. Faithfully and dutifully. Your Presbvter, W. F. WALKER. Bt. Bkv. r. Chase, D. D. "With respect to this letter, the Bishop testified : '' T did receive that letter : I received a similar one to that now read me, and did not answer it, for the rea.son that he had refused to do the acts of penitence expected before." Under these circumstances, two weeks later, came the letter from 69 fhc Bishop, of July 12th, (sec page 4,"),) of which siifTuMent has been said in tlie Answei* on piijii-s !?9 uud 'MK April 2^5d, 1846, is tluMliiteol' the next comniimication : it result- ed iVom Sherwood's application, (pasre ^0, last paragrapli,) and wa^ as follows : — Jnhilre Cnllege. April 2S, 184t). To the Rev. W. F. Walkf:i?. of Chicajro: " ' Dear Sir — Your trial, which I was compelled to postpone fi-om the Ifith d.av of July. 1844, till T slionid have a suHicicnt sum of money raised or pledged to bear tlic expenses thereof,* is now appoiulcd to take place at G«lena, on the 18lh of Jiuie. 1846; the Court opening at 10 o'clock, A. j\l., in such building in that town as the Rector of Grace Church, or any of his friends, may designate and prepare for that pur- pose : the difficulty which occiisioncd the postponement, as above named, having now for the first time been removed. For thistrial it is my duty .'solemnly to advise youto prepare. by confes.s- ing your faults or proving your innocence. Your faithful Pastor, PITILAXDER Cn.YSK. Bp. of Illinois. A comrais.5ion was issued at the same date for the pre.sentraent of 1846. (See last par<'igra])h on page 36.) By May 14th that presentment was made, a Commissary appointed to take testimo- ny, and a notice of all duly served on the respondent. Under a protest against the entire proceedings had, and proposed to be had, in whole and in part, as uncanonical, unjust, and oftpres- sive, and with an express re.«erve of the right of exception subse- quently, the respondent engaged in the taking of testimony before the Commi.ssary. by depositions, (see page 11,) "touching the charg(!S and specifications" contained in the presentment of June 1844, and in that of IMay, 184<), with a view to the trial of the former June 18th, just before, and of the latter "on the d;iy imme- diately following the rising of, the Convention, at Galena," on or about June 24tli, agreeably to an appointment by the Bishop,, for- mally communicated through the Kev. Ezra B. Kellogg. ., _ |r,. In a letter irom Bishop Chase to P. Ballingall, Esq.', ai that time received, was the following, by which the respondent was warned that hi.s Bishop was no more favorably di.spo.sed towards him than he had been judged to have been for the two and a half years preceding ; and that nothing, therefore, nuist be left o|ien or undone in reliance upon his clemency : "If he, the Rev. Mr. "VValker," is the language, "be not prepared to come to trial on his presentment to me in 1844. and for good and suffi- ■cicnt reasons postponed, on the 18th of June, 184fi, the fault is his own. " The Counsel on the part of the Church will be there, and if the Board of Trial do their duty, they will be present al.«o on that day, viz. the 18th day of June instant, at Galena, that justice may be done — the innocent cleared, or the guilty punished, as the case may be,*.' This, in connection with the peculiar introduction into the • Compare this with the closing sentence of the first pamgraph in the letter of Juub 12th, 1844, page 64. where, it will he seen that the trial was never postponed as is here stated ; but is set down for ,Sprinj,'licld, at the time of the Convention, absolutely, " un- less something be done," that is,nuinoy raised by the respondent or his friend.s, to bring it on earlier. It is remarkable that all failures of memory scorn to be againstthe respondent. The discrepancy in these letters is striking, and is of this character. 70 Bishop's corrosiKdidence ot" tliat time of tlie expression, "I am not irquired to be present at either of Mr. Walker's trials," had the effect, strange as it may seem to those unacquainted with Bisho{» Chase, of awakening fear, and causing the suspicion that an at- tempt was to be made to spring upon tlie respondent, suddenly and unexpectedly, the repealed Canons of 18-j8, by which he would be placed in the power of the Bishop as his judge, who, at his pleasure, might suspend him, should he " neglect or refuse to appear." (See Canons, pages 46 and 47.) ' ' Hence, anxious for a canonical issue of all the matters affecting him, and equally deprecating extra-canonical proceedings against him, in order, if possible, to secure the one and frustrate the other, should they be attempted, the respondent crossed the State to Ga- lena, and was there, with his Counsel, ]>unctually at the date ap- pointed ; but found neither Court nor Bishop to meet him. On the morning of the next day, June lOth, he received the fol- lowing : Galexa, 19th of June 1846. Rev. W. F. AValker : Rev. Sir — You are hereby notified that the Court for the trial of the case wherein you are defendant, against certain charges as specified in a presentment against you, in the year of our Lord 1844, will open in the Protestant Episcopal Church, Galena, at hidf past (3) three o'clock (P. M.) this afternoon. Your friend and Obedient servant in the Lord, , »rw PHILANDER CHASE,; -f Bishop of the Prot. Epis. Church in Illiiiois.i,.t The point that was to be met was now foreseen. But, having ascertained that the civil power might be successfully invoked to stay, by injunction, from the unlawful extreme that seemed to be threatened,* the respondent was i^ronipt in his compliance with the above notice. The Bishopt took the chair as Court and Judge ! declared thfe Court open, and called on the respondent to plead to the " Indict- ment," which, however, Avas not read. Thereupon the respondent rose, and begged to introduce J. A. McDougal, Esq., Attorney General of the State, his Counsel, through wliom he would an- * On this subject of the inlerpo«i(icn of courts of laiv, so " as to ol liL'e the members of any religious society to abide by tlie true inttat and meaning of their own Church Law, and thereby, as betveni such members, makctlint Church Law tlie law of the land," the learned author of '• Contributions to the l-"x;clesiastical History of the L. S. A.," himself an accomplished civilian, thus ohuerves —"The courts of Jaw enter not into investigations of ortliodoxy and heterodo.xy, they undertake not to settle what is, or is not doctrinal ly tnic in religion; but into Church law and Church usage, into the polity of the Church, into the rules of conduct wherebv itj? members have voluntarily bound tliemselvos, by joining the Church, our courts of justic«do and will inquire : and they will uphold such rules, and deem every member of the so- ciety to be bound by them, so lonR as such Church regulations or canons violate no principle of the constitutional, cemmon, or statute law of the laad.'^—EccU.siastkat Contributions, page 286. The same author, on page 364 of the same work, says,—" Under onr system of gov- ernment, a bishop has no right, directly or indirectly, to try a clergyman fhe is entitled to be tried by his brother presbyters, because, among other reasons, they are supposed to have some sympathy with him, and to understana from experience something of the troubles he has to encounter It is of vast impostance to the well-being of the Church to preserve their just rights to that large body of real operatives, the pa- rochial clergy." t What tollows, to the adjournrniit from Galena t o Chicago^ is from a repori made at the time by competent hands. 71 « 8wer, so far as it might be proper for liim to make answer in the case. Tlie Bishop replied tiiat the Counsel offered would be re- ceived, if qualified according to the Canon ; and called for the reading of the Canon on that subject. Whereupon "J. T. Wor- Ithingtou, Counsel for presenters," read Sect. 4 of Canon XIV. of 1838, (page 4G,) and remarked that the law of 1838, being that under which the Presentment wa^ made, was that by which the cnse was to be tried. " The Court being informed that Gen. McDougal is not a conununing member of the Church, he was not received as Counsel."* The respondent made answer that there Avas now no such law in force as that which had been read; that Canon XIV. of 1838 was unqualifiedly repealed Ijy Sect. 13 of Canon I. of 1845, (page 6 ;) and that in the Canon under which alone any trial might be had, there was no restriction whatever on the subject of Counsel, except that the presenters should not appear by Counsel unless the* defendant should exercise thdt privilege. (Sect. 11, page 6.) Moreover, tliat he had been taken by surpinse by the question thus raised, for that he had been assured by the Counsellors for the pre- senters in Chicago, neither of whom were comnmnicauts in the Church, that the holding of a Court under the Canon of 1838 was not contemplated ; that the Bishop had given his sanction to this view by the statement above given, that " under the new Canon he was not required to be present at either of Mr. "W.'dker's trials ;" that thus assured, lie had induced Counsel to accompany him all the way from Chicago, at a great sacrifice to his Counsel of time and mo- ney ; that the point made was of real importance, and, if main- tained, would deprive him of a just and canonical right, and leave him dependant on his own efforts, which, not having been contem- plated, he was not prepai-ed foi*. He, therefore, asked that the question thus raised be treated as an independent preliminary question, not as a part of the case, and that he be permitted to be heard in respect to it by Counsel ; and, at the same time, suggested that even Sect. 4 of Canon XIV. of 1838, need not of necessity be interpreted so rigidly a? it had been ; that it was intended to ren- der the reception of Counsel, qualified in a certain way, obligatory on the Court, but not to prevent the reception of Counsel without such qualification, should the Court so please ; deeming the clause as intended tor the protection of the Court simply, and thei'efore within its discretion. During, and before the conclusion of, the argument by the re- spondent, the " Judge" decided against him. Upon Avhich the re- spondent observed that the decision having been made while he was arguing the point, further argument seemed to be unnecessary. The Counsel for the presenters replied as before ; and stated that the privilege asked could not be granted, though he would not take the respondent by surprise. He would be in favqr, thej'efore,, of giving him time to prepare for his own defence. ,' ^ ,; •' .,{t The respondent said this would be neccsstiry, in case the decisiort of the Bishop already given was maintained ; and that he believed he should be able to satisfy " the Court" that his view of Canon ' Courti Record. XIV. of IH'iS was just mmI triK*. from u<»uge in civil pouits, and from the pruotice in civil legislatures — law-interpreters and law- makers. To this " the Court" replied, — '• This Court is a Court of equity, and will not regard the tochnicid I'ules of Canon or Statute law; these, therefore, will Ik- submitted in vain ; i-iiles of equity alone will jrovern flii# Court. 1 hope Mr. W. will not introduce any sueh matters ; it will not be so well ibr him thus to meet the case ; he should meet the case otherwise; and I hjpe he will prove him- self clear of the charires. 1 intend to (h'cide imjjartially." The Court then said the jury would not be called till the next day. " Thereon he gave .\ir. W. time, till 10 o'clock, A. M. of June -iOth, 1846. " The Court then," at 5 o'clock, P. M., " ailjourned to meet in the same place at lU o'clock, A. M., of June 20, 184G."* The next morning, June 20th, " the Court" took his Chair pur- suant to adjournment, and ajipointed the Re^'. C. Dresser to act as Clci'k jijro te)i/. The minutf'jsof the day before having been read, "the Court" enqui- red if there wei'e any objections to them : upon which the respond- ent observed that he wished to say nothing respecting them; that he intended neither to say nor do any thing which might be con- strued into an acknowledgment of the jurisdiction of that " Court ;" that he had bel'ore entered a Ibruial jn'otest against it, and that he adhered to the views then entertained ; that he would make no ob- jections to the minutes as not stating things substantially as they took place ; but his objections went to the right of the Court to ad- judicate upon the matter in question. "Mii. WoKTHiNGTON. — Then I ask the Court to sign the min- utes. . "TijE Court. — I shall sign the minutes as they are." The Minutes having been disposed of, "the Court" said he would proceed to the consideration of the subject postponed from last eve- ning, and that the respondent would then be heard. ; ■The respondent opened by an allusion to the position in which he stood. He stated that he had prepared himself with (•ounscl, upon whom he had relied ; and he would be believed when he said that he was taken by surprise in having his counsel excluded from appearing on his behalf, in the inves- tigation of the subject then in hand. Tliat surprise, he stated, was great- ly heightened by the fact that he had been justified in anticipating a con- trary course ; 1st, By a precedent furnished by the same " Court," in a case, the aual» ogy between which and that under consideration was so close, in refer- ence to tlie same matter, as to make it conclusive ;t 2d, By the assurances given, by the Counsellors for the presenters, that the case would be tried under the Canon of 18-15; and by the decl.ara- tion of "the Court"' himself, that "under the new Canon he was not re- quired to be present at either of Mr. AV;dker's trials."' thereby recognizing the abohtinn of the old Canon, and the authority of the new in respect to the then proposed trial ; and, 3d, By the practice of the presenters, tolerated in the very ra.'ie under con$iderajtion ; Coiin.spl having been ;illowed to ihem in direct oontmriety •• C'nurt's Rprord. » The r!i«e nf Becker (Appendix, M ) wa« here reffrrrd to 73 to what the respondent had been denied ; two out of three of their coun- sellors not being communicants in the Church, one of them not even an attendant on her services; while the Counsel offered by him was not only an attendant on the services of the Church, but her liberal supporter, her true, and, it was hoped, through Grod's grace, might soon become her loy- al son. He conclu.led that he had, therefore, a right to believe that the Coun- sel whom he had offered would not be denied him ; yea, that he had no right to anticipate that such a question would be raised. Hence, he had never for a moment supposed that he should be called upon to make an- swer for himself. He felt that he was now disqualified for the task. Ho had given to the subject but a few hours' consideration, and the main points connected with it lay in a proiession to which he was well nigh a stranger. More, that the uuitteis pending were of such vast importance to him, that it might well be presuni«d, from his known temperament, that his feelings would be too deeply wrought upon to allow that he should even ivttcinpt to make answer tor himself. But, he said, the ne- cessity being laid upon him, in weakness and much fear, he must proceed ; stating in ailvance, as a bar to any improper interpretation of what might fall from him, that. If his feelings should betray hun into any seemingly harsh or unkind expressions, he hoped they would be overlooked and forgiven, in view of his ])osItion, especially when he gave the assurance that he would not willingly or intentionally injure the feelings of any one. "The Cottrt — {Here interrupting.) — It is thebetterway, Mr. Walker, for you to go on and state what you have to say, and the Court will hear you. "Mr. Walkkr. — I wished to make these observations in explanation of any remarks that might fall from me. " The Court. — The, Court will hear you so long as you are in order ; but, when you shall say any thing improper, the Court will of course stop you. The Court sits to hear and do justice ; but it cannot listen to any thing out of place." The respondent then argued against the jurisdiction of "the Court" before which he then was, substantially as follows : All Courts, ecclesiastical or otherwise, are the creatures of law. By law. Courts arc created and invested with all their authority; and upon the same law, their existence and authority continually depend. As there could be no civil Court without a municipal law, so there can be no ec- clesiastical Court without a Canon law. When a law is repealed its existence ceases, and every thing depend- ing thereon must fall, unless preserved by some excepting or saving en- actment ; an authority or juristllctlon resting in the repealed law, falls with the law repealed. This is a rule universally recognized, and its operation is constantly witnessed in the course of uumicipal legislation. In a few instances, the question has come before the civil courts, and, in every instance, the rule contended for has been recognized as unques- tionably true. That there are not more decisions on the same point, i.-i owing to the very obvious character of the rule putting it above question. In Harrison's Digest, vol. 3, p. 2063, It Is said, that " no proceedings can be had under a repealed statute, though commenced before the re- peal." Bacon's Abridgment, vol. 6, p. 372, quotes tie decision of fho King's Bench in Miller's case, in which the Court held, tiat " no act of jurisdiction oould be done by the Sessions after the repeal of the statute, though the proceedings had begun before." The eaine casM is reported in T7m. BIack?toae's Eej>orts, ■''ol. 1, in •which *-fce Co-art say, "VoThiPj; i? iuore«"Ie«r thsv: ♦>.!*• ■inr:J"':":i'n '? n'^'w jT'Sne." 10 '74 Bacon's Abridgment, page .T72, before referred to, lays down the rule, " That if a statute directs that trom and after the passiii"; of it, no person shall be subject to prosecution by indictment for a ]>articular offence at common law, it nuts an end to the prosecution ot that offence, com- menced and carried to conviction before the passing of the statute, but in which no judgment has been pronounced." This text in Bacon is taken from the decision of the Supreme Court of Pennsylvania in " the CJom- monwealth vs. Duane ;" reported 1st Binney, p. 601. Upon the same page in Bacon, it is further stated, that "after an amend- ment to the Constitution of the United States, taking from the Courts of the United States jurisdiction in certain cases, no jurisdiction can be ex- ercised by those Courts in such cases, though suits had been previously brought, and were depending when the amendment was adopted." This rule, exactly in point in this case, rests upon the authority of the decision of the Supreme Court of the U. S., in the case of " Hollings- worth vs. the State of Virginia;" reported Dallas, vol. 3, p. 381-2, in which "the Court delivered a unanimous opinion that there could not be exercised any jurisdiction in any case of the kind past or future." Hill's Reports, vol. 1, p. 324, gives the decision of the Supreme Court of the State of New York, in the ease of Butler vs. Palmer, m which the precise rule now contended for is thus laid down : " The repeal of a stat>- ute conferring jurisdiction, takes away all right of proceeding under the repetded statute, even In regard to stiits pending at the time of the repeal." And Cowan, Judge, in the same case, p. 334 of Hill as above, says : " The amount of the whole comes to this, that a repealing clause is such an express enactment, as necessarily divests all inchoate rights which have arisen under the statute which it destroys. These rights are but an incident to the statute, and fall with it, unless saved by express words in the repealing clause. * * * * " The statute being simply repealed, the very stock on which they were engrafted is cut down, and there is no rule of construction by which they can be saved." And on page 336, he further says, " It seems to be equally a violation of principle as of authority to say, that any one of its provisions can be enforced or executed after it has been repealed by a general clause." It will be perceived that the rule recognized by these authorities, and here insisted on, is no technicality in law ; but rests on laws and princi- ples that lie at the foundation of all human authority. It rests in that great truth, that the power that gives may also take away ; that the power that creates a Court and clothes it with authority-, may, at any instant, withdraw that authorlt}-, and, If proper, confer it on another. By virtue of law — the power of the Church in Convention — this Court was created and invested with a specific jurisdiction. The power of the Church in Convention has abrogated that law, and thereby withdrawn from this Court the charter or commission under which it was created. The law of 1838 was the "power of attorney" from the Convention to this Court ; that " power of attorney" having been revoked or rescinded, this Court is without authority ; as it regards jurisdiction in this case, it is dead. It is not contexded that the rights of the presenters have been vitiated or in any degree impaired; but that THEIR REMEDY IS CHANGED. Their Case is simply dismissed in one Court, and they are directed to another ; a very common occurrence in civil courts. And to obviate all difficulty on this score, it was proposed to bring the case, now out of Court, immediately Into a Court canonically •constituted; that Is, constituted under the Canon of 1845, and to ask that it be tried, with the presentment of 184H. But there being now no au- thority in C'anon for this Court to act, its acts mu?t be totally void of force or effect as regards this rcspnnflcnt. •* " Again, proceedings in this case have been discontinued; 75 ,- Ist, For the reason that on the day named in the Citation, to wit : on the 8th day of July, A. D. 1844, at the Vestry-room of St. James' Church in the city of Chicago, the respondent was preparei], willing, and desirous to respond and answer to the charges and specifications ; but there was no Court then and there convened ; nor did the Court ap- pointed to try these specifications and charges convene at the place aforesaid at any time thereafter ; whereby the said Court, and this cas« depending before, it expired ; 2d, Because, on the 12th day of June, A. D. 1844, in a letter address- ed to the Bishop of the Diocese, the respondent fulfilled the condition up- on which, in his letter to the respondent of the same date, and in a verbal conversation on board of the steamboat, the said Bishop had made the, re- mission of these charges and specifications to depend ; and they thereby ceased to exist. (See letters herein referred to, on pages 65 and 64.) 3d, Because four of the presenters in this case, on the 27th day of Au- gust, A. D. 1844, withdrew irom the presentment, on the ground that the condition upon which they were induced to concur in it, had not been met, (see letter, page 66 ;) by which it failed to be the expression ol a majority of the committee of enquiry ; by which its existence was termin- ated.* 4th, Because, afterwards, in June, A. D. 1845, in obedience to a notifii cation from the Rt. Rev. the Bishop of the Diocese, the "Judge" and "Court'* now addressed, (see first paragraph of the letter of June 12th, page 64,) the respondent appeared at the city of Springfield, in this State, then and there to answer to these specifications and charges, and was then and there ready, willing, and anxious, to be heard respecting them ; notwithstand- ing which, this "Court" did not then and there convene ; nor was any op- portunity ofiered to the respondent then and there to appear and answer to these charges and specifications ; and, therefore, he said that, by rea- son of these premises last mentioned, he had good reason to believe that «aid charges and specifications had been abandoned ; and he insisted that, by the operation of rules recognized in all like causes, this Court expired, and this cause was discontinued. 5th, and last, Because, after these charges and specifications were pre- ferred, the respondent, by one of the plainest rules of equity, as well as by the plain intent of the Canon, was entitled to a hearing, trial, and de- termination of his case, without delay ; and notwithstanding he never so- licited for delay, never consented to postponement — but was, at all times, ready, willing, and anxious to be heard In the premises ; yet the Court never, until this 19th day of June, A. D. 1846, convened or offered to examine into these matters alledged against him; thereby permitting these charges and specifications to sleep for the space of more than two years, and now to be revived against him ; all of which, he insisted, is manifestly unjust, and against the established rules of law universally recognized. In consideration of each and every of these reasons, the respondent in- sisted that this case had no existence, so far as Canon XIV. of 1838 and this Court are concerned ; that it is dead. Relying upon the Canons of the Church, as intei-preted by rules uni- versal in their character ; relying upon Canons confessedly in force, whose meaning Is unquestioned, for protection in his just. rights — for protection against Episcopal usurpation and oppression, on the one hand, and lay aggression on the other, the respondent insisted that that tribunal had no authority to sit in judgment on this case ; protested against Its further proceeding ; and claimed for himself a trial according to the Canon of the Diocese, adopted in Convention June, A^ D. 184-5, and a9w poijjfessedljf in force. -T'-J' ■; -■1 J. T. Worthington rising to reply, ^e' respondent enquired of " the * Had the four who withdrew concurred in the presentment unconditional Iv. it is ad - mitted that their withdrawal would have hccn vofd of force with respect to that instru- ment. But here the case was otherwise. Hence the validity ot their act of ^vithdrawaJ 76 Court" whether he might be permitted to answer Mr. W., should it seem to him necessary. '■ The Court" intimating that he would not be heard again in reply, the respondent made a few additional remarks, and, by reading a letter from an able jurist, one cf the Standing Committee of the Diocese, sustaining the position he had taken, closed his argument. " Me. Worthixgton. — The only question wc are to discuss here^ is as to the jurisdiction ; that is the only point, and the only one to which I shall direct the few remarks 1 am to make. The gentleman has spoken of being surprised in having to take this matter up in this way, and at this time; but I am convinced that this point was not prepared here : it haa been prepared before ; and the surprise cannot be so great. The ability of the gentleman's argument is such, and evinces so much labor, that I cannot believe it was prepared here. Mr. Walker. — It has been prepared since the adjournment last night Mr. Worthing ton. — I acknowledge my error, and in doing so, I pay the highest compliment to the gentleman. The gentleman has spoken of the feeling under which he labors in this case ; that is natural. But I have no feeling in this matter. I should be flad to be spared the performance of the duty which devolves upon me- am no prosecutor; I stand here as the advocate of the Church, and my duty is plain. I make no argument but to the Court, and to the question before the Court for its present consideration. I shall make no addres* for the benefit of other persons, and turn my back upon the Court. Ha» the Court jurisdiction, and should this case bo tried V These are the ques- tions to be determined. Mr. Worthington then went into an argument of considerable length, to show that it was the duty of the Court to go on and try this case, under the old Canon of 1838; that the gentleman had prepared himself and se- lected his triers under that Canon, and it could do hira no injustice to be tried under it ; that if the case was not tried under the present proceed- ing, it would probably never be tried, and the Church would sufier.(!) The assurances oi counsel to the gentleman are not binding : they might have been wrong. This Court is to decide. The Bishop might have been wrong, too, in his opinion ; and if so, he should change it, and act accord- ingly. The Bishop. — If the question is whether this Court has jurisdiction, I say yes. The Court is in existence. So far as this case is concerned, I declare it in existence, and demand assessors. Mr. AVorthington. — We have only a copy of the presentation. If Mr. Walker will admit the copy, I presume the case can be tried. If not, we must have it continued, for the purpose of procuring the original. Mr. Walker. — We were instructed by the Bishop to be ready for tri- al, at this place and at this time ; that the case would be tried at all events ; and if we were not ready, we should have to abide the consequences. Af- ter this admonition, it seems strange that the prosecution should not be prepared. Mr. Worthington. — It is not our fault that the original presentment is not here. Its absence would be good cause of continuance. Mr. Walker. — I came here prepared to have this case tried, lliese charges have been standing since 1844, and I have never been able to ^et a hearing. I have sought and desired investigation. I now desire a lull canonical investigation of everything. It has given me great trouble. From the assurances I received, I had supposed, until very recently, that the chaises had been dismissed The Bishop, (interrupdi^ff.) — They are not dismissed. You are accus- ed of immorality, sir. It will affect you through life. I would advise you, as a friend, not to be finding fault with this Court, but to have these charges investigated. If such charges were made agjunst me, nothing should prevent an investigation. I would almost throw this book (taking 77 up a large Prayer Book) at the man's head who should stand between m« and such an investigation. Mr. Walker.— -1 now address j'ou as my Bishop, and not as a Court. I have determined upon the course I shall pursue, under a full sense of the duty I owe to myself, my family, and the Church. I have made every preparation for a hearing of this case at this time. I have been at great expense in procuring my testimony, in preparing and coming here for this trial. I have almost taken bread from my family to prepare myself for the trial of this case here. I was going on to remark that, until recently, I had supposed these charges had been dismissed — '- — The Bishop, (interrupting.) — They arc not dismissed ! Sit down, sir. I call you to order, sir. If you will not avail yourself of my advice, I will adjourn this case. I think I know my place. Mr. Walkkr. — I ask pardon, Bishop, if I have said aught that is im- proper, or anything that is calculated to create unpleasant emotions. I did not intend The Bishop, (interruptimj.) — I would not have such charges against me. Mr. Walker. — All I can do, is to ask that my protest may go on record.* Mr. Worthixgtox. — It is, perhaps, proper that the protest should become a part of the record ; but there are some parts of it to which I ob- ject The Bishop. — The Court will read over that protest. If it be proper, it shall go on the record ; but I will not have anything irrelevant placed there. You are weaving toils, sir, to entangle yourself with. Mr. Walker. — They have been woven by others, sir. Mr. Worthingtox. — The protest can go on file. -* The Bishop. — Yes, so much of it as is proper. The consideration of the case was then postponed until the 24th day of August, 184G, at Chicago.f Under the above terms, the respondent concluded to retain his protest. He felt that, if he should throw it into the proposed cru- cible of revision, it might subsequently fail to exhibit his position correctly ; and therefore, he would forego, with respect to it, what he had asked, — certainly what was offered. In consequence, the following correspondence was subsequently had: Chicago, Aug. 22, 1846. To the Rev. W. F. Walker : Dear Sir — I wish you to return to me, to-day, the " Protest" which you filed by permission in Court at Galena, June last, against my decision. — After filing it, I permitted you, on your request, to take the Protest with you, for the purpose of making some corrections. ^The Protest, having been filed, became one of the Papers of the Coiul, and must be preserved as such in the oflice of the Cour(. You will 2)lease return it to me forthwith. Your faithful serv't in Lord, PHILAIJDER CHASE, Bp. Chicago, Aug. 22, 1846. To the Rt. Rev. P. Chase, D. D. : Dear Sir — I requested that the " Protest" which I made against your decision at Galena, might be embodied in the records of yourself, sitting •This protest embraced substantially the argument of the respondent given above. t It is just that it be stated again that the above account of this case, so far as relates to what took place at Galena, is from a report made at the time by one whose character and standing avouch sufficiently for its general correctness. It its, of course, for the most part, but an abstract. 78 as a court, and it was clenieJ me. Permission was, however, granted to have it, under certain limitiitions — being modified, corrected, and portions of it, which might be deemed objectionable or irrelevant, stricken out — placed on file. At the moment, I thougiit I would copy it, and allow it to go among your pa[ier9 on the terms named. AV'ith this view, I retain- ed it On reflection, my convictions with rc?pect to it were changed. I came to the conclusion that, in the process ot revision contemplated, it was not unlikely those portions of the " Protest" to which I should attach importance, might be deemed irrelevant or objectionable, and be stricken out; and so the paper that should finally be filed, fail to exhibit my argu- ment as it was made, and be not, therefore, my real " Protest." I came thus to the determination not to be under obligation to "the coui-t" for favor on this wise at all. That which I had asked having been denied me, I resolved that I cared not. on the whole, to avail myself of what was offered in its stead. The original is, therefore, one of my private papers, and is preserved by me as such. I have made no copy of it, and have not now time to make one. If you desire a copy of the "Protest," and can cause it to be made, I shall allow the use of the original, at my own rooms, for this purpose. Faithfully vours, W. F. WALKER. — fi Chicago, Hi, Bishop's Chamber, Aug. 24, 184(5;->(, Rev. Wm. F. Walker : j Your letter of the 22d inst., in reply to my requisition of the same day, that you should forthwith return to me the Protest filed by you in court at Galena, in June last, was received and duly considered. On further reflection, my opinion is unchanged. I insist that that Pro- test became, by filing at your request, one of the records of the court, and now belongs to this court. Therefore, I now issue this my positive command, that you return the said paper to me this day by 3 o'clock, P. M. Signed, PHIL. CHA6E, Bp., -i and Judge of the Ecclesiastical Court, i^ To this remarkable letter no reply was given, nor attention paid. On Monday morning, August 24th, about 9 1-2 o'clock, the re- spondent was informed by the person who served on him the above extraordinary ecclesiastical quasi chancery order, that the Court, for his trial, was to open at 10 o'clock, then following, in Trinity Church, and that the Bishop and others had already gone there. Astonished that he should have received no notice of the meet- ing of the Court, and that Trinity Church should thus, by an as- sumed right, have been designated as the place for holding it, with- out an application for its use, either to tlie Rector, the Wardens, or Vestrymen of the parish, the respondent replied that Trinity Church could not be used as was proposed ; that neither himself nor the officers of the Church would consent to its being thus taken possession of. Trinity Church accordingly remained closed. Very soon, it was reported that the Court had assembled in the basement of St. James' Church. By advice of cotmsel, thes respon- dent repaired thither without delay, , The proceedings there, as reported for the respondent, were as follows : ^> Prayer by Bishop Chase J. V. Smith was then appointed Clerk ; up- 79 on which the Bishop callod for the minutes and record of the Court at Galena. Mr. Worthington moved an amendment as to the time that the second Court was to be held, to wit: " That the trial on the 2d presentment be held immediately after the conclusion of the trial on the Ist presentment." The amendment was ordered. The Bishop then informed the assessors that, accoi-dinirto Canon, every thing had been done to bring on the trial legally. '• I am authorised," said he, "to appoint time and place. I appointed the time, to-day ; and Trinity Church the place. I went there, and found the ('hurch shut. I wrote an adjournment to St. James' Church, immediately.* I declare, therefore, that this Court is regularly open for the trial afore- said. (To the Clerk.) Let the names of the assessors be called. Clerk called G. P- Giddinge, James De Pui, Joseph L. Darrow : each answered, and the Bishop declared ■' all present." Mr. Worthington. — I ask that the Defendant be called by the Clerk. The Bishop. — Let Defendant be called. Clerk.— The Rev. W. F. Walker. Mb. Walker. — Present. Mr. Worthington. — About a paper that was filed at Galena by Mr Walker. I made application for it to Mr. W. there soon after. 1 wished it, to prepare an answer. I now ask to file and read an answer. Mr. Walker. — I move that the proceedings at Galena be read. ^ The Bishop. — I wrote a note to Mr. W. I ask to have his reply read. Mr. Walker. — I renew my motion relative to the reading of the pro- ceedings at Galena. The Bishop. — To whom belongs our records on file ? Mr. Giddinge. — Are our consultations to be public or private ? The Bishop. — We had better hear what I want to have known. I have made application for a paper, and been denied. Let the letters be read. Mr. Giddinge. — If the Court were properly constituted, the paper in question [the protest] would belong to the Court. Mr. Worthington. — This question is to be decided by the Judge alone. Let the Bishop decide. This is not a question for the jury. I consider the desire of the Bishop coirect. The paper filed at Galena is part of the record. Mr. Walker. — I object to the reading of the letters here : they are pri- vate letters. The Bishop. — Let the letters be read. Mr. Worthington. — They are official letters. (There was here read the first two of the last three letters given above ; the letter from the Bishop to Mr. W., and his reply ; also a copy of Mr. Worthington's ap- plication to Mr. W. at Galena for his protest.) The Bishop. — I addressed Mr. W. again on the subject ; has it been served on him ? Mr. Worthington. — It has. The Bishop. — Here is a paper which I request to be read. r (Here was read the above quasi Chancery order.) Mr. Walker. — I deny that the protest was ever filed. Here is the paper ; there is no mark of its having been filed upon it My Counsel, General McDougal, who was present in Galena, knows that the protest never went into the hands of " the Court ;" that it was' always in my power alone. '■♦The notice, posted on the Church, was as follows : — " The Ecc'l Court appointed to be held this day at Trinity Church, is hereby adj; The Bishop. — Your opinion, sir, is respected. Mr. Giddixge, — (Taking Jm hat.) — I must take leave of this Court. The Bishop. — Yes, sir ; you are excused. (To the other Asspusors.) — The majority of the Court can now proceed. Mr. Darrow.— I am sorry to say that I am of the same opinion, {at the same time rising and taking Ms hat.) The Bishop. — Do you speak for yourself alone, sir? Mr. Darrow. — I have heard Mr. DePui say the same. Mr. De Poi, (rising and taking his hat.) — I am, sir, of the ?ame opin- ion. The Bishop. — Very well, sir. Upon this, the last two named assessors followed Mr. Giddinge, and left the Bishop sitting alone. * The respondent Uavins: prepared himself with a Chancp.rv injunctior, ard havicg^ tecnred the presence of the Sheriff to execute it vrhen ordered, was prepared for the ■worst frat might be threatened, and thus apceared again as in the momiDg. 11 82 The Bishop, (as if in amazement.) — Well ! well ! this is a new era in the history of the Church. I have no desire 1 regret it on accoant of the gentleman ; 1 regret it on account of Mr. Walker. There are thincs on record against him. of a criminal nature.* I must now desist. I should have been pleased had the assessors seen fit to have gone on. Wkether the arguments brought forward by counsel for the prosecu- tion have weight or not, I know not ; they are mine. I would have been the first God forgive me, if I have done wrong. The counsel have nothing to say, of cour.sc. It only remains that I order a nolle prosequi to be entered in this case, when the good people present shall have joined me in prayer, for forgive- ness wherein we have done wrong. Let us pray. (Here teas a prayer.) I order a nolle prosequi to be entered, Mr. Clerk. You will deliver all papers in this case to me. Thus was concludedf what, by way of emphasis, is known as " the Presentment of 1844." It was, in fact, however, the second of that year ; another, to be hereafter noticed,t having prior rank in the order of time. A verdict on this case, for which a canonical Court was repeat- edly and earnestly sought, but in vain, will now be rendered by those who may receive these papers. This verdict, the respondent will hopefully await, for reparation, in some degree, for his " very much injured reputation." By it, he is free to say, he will be content to abide. If it be that he is '•' a bad man," '• guilty of the crimes in the presentation," according to Bishop Cliase, he will submit, and withdraw from his position, so far as he may ; if it be the reverse, and that he has been " wrongfully accused, the Church and the world ought to be" thus " disabused," and he to enjoy the benefits of an acquittal, " his reputation being very much injured aa it is," by the means of these presentments, as Bishop Chase has truly said. (Extract from letter to Sherwood, page 36.) Till this time, the respondent has made no appeal but to the ec- clesiastical authorities in the Diocese. He has " refrained even from o-ood words" to his friends abroad, and from acting on behalf of many interests connected with the Church, which he was wont to cherish, that he might not even seem to be attempting to make weight for himself, by enlisting other influences than those immedi- •Soe testimony of the Bishop, page 64. t This was supposed at the time, and is still maintained ; thongh, lor the purpose of •xhibitinp; and refuting the Charges, the respondent asked to be tried on them, upon his own motion, under the Canon of 1845 ; and to this end offered to waive all prelim- inaries, and consider himself regularl)- before the Court in the presentment containinz them, accordine to what is stated in the laet paragraph but one of the note on iMige 13, and at the conclusion of the matter, immediately preceding the note, on page 38. The Counsel for the presenters, Mr. Worthing'ton, employed by the Bishop, and who may be supposed to have spoken for him. tonka ditfercnt view, which, in a letter to the respondent, he, the next day, presented thus : " Consider, sir, the effect on you of tjie proceedings In Court yesterday. " You were not iicr|uitted. The charges still stand against yon ; and, unhappily, there is now but one way to be relieved from them. " You were presented to your Bishop by a high and honorable Court. Many and reputable witnesses have testified against you in confirmation of that Court." (Two wftnesses only were adduced by the presenters, Mr. and Mri. Kinzie; and thej only "testified in confirmation of that Court.") "All this is of record in the Bishop's Court. " Yoti are, of course, prima fade guilty in hi.s sight, and can never, under existing circumstances, demand or receive from him letters of credit to another Dioccse." It is proi)er to state that this letter was a gratuity ; uncalled for by any address IJroiB the respondent, to whom its author was well nigh a total stranger i Appendix, M. S3 ately and neoefisarily allied to his cause. It is kuowu to his Right Rev. Fathers, and to his brethren of the clergy, with whom he has communicated, that he has never, even in connections, at times, very inviting, obtruded his difficulties upon their notice. He knows that he has greatly suffered by his silence. But it has been his choice rather to bear and suffer thus, striving, in all lawful ways, for the restoration of unity and peace, than, by act or word, to jjut " a stumbling-block" in the way, such as an earlier vindication might have proved. Duty to himself, to his family, and to the Church, it must be now everywhere conceded, requires that he should " keep silence" no longer. This, therefore, is now given ; and other matters pertaining to the Church in Elinois will, at a fu- ture time, follow, should the sense of duty remain as at present. J, page 21. Pages 55 and 56, it is believed, sufficiently vindicate the admit- ted declaration. Should any think otherwise, the entire of the next preceding papers may be referred to ; and they, surely, will not fail to satisfy on this point. K, page 21. The letter of June 20th, from Buffalo, may be seen on page G(j; that of June 12th on page 64 ; and the reply of the respondent, of the same date, on page Go. L, page 22. The resolution of the Testry was as follows : Resolved, That so much of the revenue of Trinity Church, arising from pew rents and offerings, as shall remain and be collected after payiug the mterest on the Church debt, contingent expenses, and such amount as may be collected for special purposes, shall be paid over to and consti- tute the Rector's salary ; this resolution to take effect on and after the 24th day of September, 1845, it being the first day of the third quarter of the ecclesiastical year of 1845. — Records of Trinity Ohurch. M, page 28, note. The testimony in the note on page 27, and the case for which reference, there and elsewhere, has been made to this place, are thus introduced by Bishop Chase in his testimony on the trial : " There was another case in 1844, separate from all that have been spoken of. It related to Mr. Walker's disobedience to ray orders as a Bishop, requiring him to sustain his charges against Mr. Becker in per- son ; on which charges he had suspended Mr. Becker, and Mr. B. had appealed to me. For some reason or other," &c., as in the note on p. 27. 84 The case referred to must, of necessity, occupy considerable space ; but as it contributed essentially to give tone to the bearing of Bishop Chase, subsequently, towards the respondent, — as out of it sprang the embodiment of charges which has been termed " THE presentment of 1844," — as a prior presentment, the first of that year, was immediately connected with it, — and, more particu- larly, as it involves pi'inciples in which the whole body of the Church have an interest, it will be presented at length. When the respondent came to Chicago, in 1843, he found, in St. James' congregation, the person whose name distinguishes the case now to be presented. A German by birth, though quite at home in the English language, less than middle aged, active, ar- dent, apparently generous and ingenuous, intelligent, a professed admirer of the Church, though a communicant in the Lutheran connexion, zealous for the Church's interests and interested in all that pertained to them, (as Lutheran offices were not then adminis- tered in Chicago,) of social pretensions, claiming to be consul for the Autocrat of Russia, a gentleman in address, and in the enjoy- ment of comparatively full leisure, his assiduous attentions were received by the respondent, his professions credited, hospitalities were exchanged with him, — in short, he was very soon regarded and treated by the respondent as a warm-hearted, generous li'iend. All the freedom and familiarity of friendship were, therefore, per- mitted and manifested. He came to the respondent's house and study at pleasure, and entered into all his interests, opinions, and wishes, as though they were his ovra. Some time after this perfect freedom of intercourse had been es- tablished, he proposed that he be admitted to the communion of the Church pro tempore, declaring that he could not attach himself to the Church peraianently, because of his determination never to renounce Lutheranism, in which he and his fathers before liim had been reared. The respondent referred him to the rubric, at the close of " The Order of Confirmation," in the Book of Common Prayer, to-wit : " There shall none be admitted to the Holy Com- munion, until such time as he be .confirmed, or be ready and desi- rous to be confirmed ;" and told him that he was bound to observe that law ; that, agreeable as it might be to his feelings to grant the proposal, duty forbade it. In frequent interviews, the proposal was renewed, and urged with especial reference to Christmas, then approaching. At length, the respondent consented to address the Bishop on the subject, and to abide his decision. The character of that address may so readily be inferred from the reply, as to render unnecessary the insertion of the letter here. Under date of Nov. 16th, the Bishop made answer as follows: " Ml/ very dear Sir : — I received your letter, anti answer it by i-eturn of post, about admitting the Lutherans ^^ro tern. " The subject has long occupied my mind ; (for many such cases there are in these Western States ; and I suppose also tlirough the IT. States ;) and I think ought to be decided on by general consultation of all the Bishops. If / were to decide on it, and require my clergy to conform to what / deem the right course ; and, at the same time, a neighboring Bish- op were to require a contrary course ; it would be entirely schismatical — - a thing which my soul abhorreth. 85 " You must, I think, follow the dictates of your own consfieiice, on the case before you, and act on the rules of general charity. Perhaps, when we meet in General Convention, (seeing It promises to afford such great subjects to set us on talking, and every one speaking his own sentiments.) seme course may be agreed on by us all, in which the matter you men- tion may be put at rest." This answer from tlie Bi.>hop, was very soon shown to Becker ; and, from it, he so contended that his desire might be granted, that, unhappily," consent was finally given ; and he was told that he might offer himself for communion on Christmas day. In the meantime, discrepancies and inconsistencies came tQ be detected, such as diminished the respondent's confidence in him ve- ry greatly ; but yet nothing was discovered so openly and manifest- ly wrong as to cause a denial of the privilege which had been conce- ded. Accordingly, on Christmas' day^, Becker received the Holy Communion at the hands of the respondent, in St. James' Church. Directly after, one and another spoke to the respondent on the sub- ject, alleging Becker's moral unfitness for the privilege Avhich had been allowed him ; representing him as a Sabbath-breaker, a profane person, and an excessive drinker. This led to a closer observation of him, by which all that had been alleged of him, togetlier with his treachery and double-dealing with respect to the respondent, came to be discovered. In view of all, the respondent resolved that he would no longer continue to him the privilege of communion in the Church; but, that the act of refusal might not appear to him as simply personal with the respondent, his repulsion was made in conformity with the Church's law, as though he were of the Church. The following was, therefore, privately addressed to him : ^Ir. a. C. Becker : Sir — By a law of the Church, for the execution of which every minis- ter is pledged by his ordination a'ows, it Is made the duty of the minister, " if, among those who are partakers of the Holy Communion, he shall know any to be an open and notorious evil liver, or to have done any wrong to his neighbor, by word or deed, so that the congregation be thereby offended, to advertise him that he presume not to come to the Lord's Table, until he have openly declared himself to have truly repent- ed and amended his former evil life, that the congregation may thereby be satisfied ; and that he hath recompensed the parties to whom he hath done the wrong ; or at least declare himself in full purpose to do so, as soon as he conveniently may." And Canon 42 of the General Conven- tion declares, that, " If any persons within this Church offend their breth- ren by any wickedness of Ufe, such persons shall be repelled from the Ho- ly Communion, agreeably to the Rubric." Such is the Church's law. That these rules of discipline are after the pattern presented in Holy Scripture, and have ever been acted upon by this Church, as good and wholesome. It is unnecessary here to prove. Painful as is often the per- formance of the duty thus imposed ujjon the minister, he is, nevertheless, as he would " be accounted faithful," not permitted to waver in its dis- charge, or neglect to " advertise" as required. As " an open and notorious ovil liver," as stated in the Rubric, or " by- wickedness of life," as It Is In the Canon, exemplified in profanity and in- temperance, as is commonly reported, and is sufficiently known to me, and by " uncharitableness" manifested in " hurt done to" your '' neighbor by word and deed," you have given such offence to " bretiren" and caus- ed the Christian name and profession so to suffer, as to make It my duty to " advertise" you t!iat, without " repentance," " amendment," and " re- 86 compense" so far as may be, and a return to godly unity, you *' cannot be sufliered agaiu to be a partaker of the Lord's Table." You are, therefore, hereby repelled. An account of this act of canonical discipline has been submitted to '^h« Ordinary," to whom, I may inform you, you can appeal, and by whom alone you can be restored. (See Art. XXXUI.) That you may speedily obtain a just sense of duty, and, "by God's grace, return to a better mind, we shall not cease to make our humble petitions unto Almighty God our Heavenly Father." Yours, &c., (Signed,) TV. F. WALKER. Easter Even.., 1844. The Bishop was thereupon notified as follows : Rt. Rev. P. Chase, D. D. : My Dear Sir — I have this day repelled from the Holy Communion, A. C. Becker, in the manner and tor the causes set forth in the following notice to him of his repulsion. His profanity is notorious, his excess in drinking as much so, and the hurt done by him, by word and deed, to his neighbor, is not slight. Should he appeal, particulars will be mven. f Yours, faithfully, (Signed,) W. F. WALKER. Easter Even., ^April 6retion you had permitted me, and that Mr. B., if you were disposed, might, my successor being willing to admit him on such permission, be allowed to partake of the Holy Com- munion again as he had done before." You will, therefore, please excuse my declining to be considered Mr. Becker's accuser. I stated to him and to you "causes" for my discontifi- uance of the exercise of a certain discretion in his behalf: this is all. I preferred no charges, for I anticipated no trial in a case to which there was no law to apply- I promised you that, •' should he appeal, particulars would be given." That promise I made good in my letter of the 4<^ 92 Those particulars were with me " causes" which determined my action,' if my Bishop deems them insufficient, or doubts my ooui-se, 1 shall re- gret not to be allowed more of his ronfidenee. With Mr. Becker, I can have nothing to do. My vie^vf of him was partially given in my letter of the 4th, since which he has further so prostituted liim^oit before me, that I must regard him, mor.ally, as one of the most undeserving of men. That it was within my province, under the circimistances, now famil- iar, under which Mr. B. came to be a partaker of the Holy Communion in the Church, at any time when it should cease to be my pleasure longer to continue to him the privilege he had enjoyed, through me, to withhold it from him, and so to repel him, without assigning " causes" for the act, without a reference to the Ruljrics and Canons, and without giving an account of the same to the Ordinary, i.=-., I suppose, unquestioned. There could then, of course, be no " inquiry," and certainly there could be no direct restoration ; for the Bishop could not more consistently readmit than he could in the first instance decide that his pres])yter should admit such a person ; the principle involved in both cases would be the same. Can my consideration, then, in assigning "causes" for what I did, and in adducinff the IluV>rics and Canons to show that the course observed to- wards him was only that which I should be bound to observe towards " the members of this Church," so change the whole case as to place Mr. B. in possession of rights, — otherwise confessedly not his, — the rififhts of the children of the Cluirch ? Can it have made him a " member of this Church" Avho was no member, and so render me justly liable to be challenored by him to the vindication of a course which rested with my conscience simply, on his appoal, " in a court of inquiry," " by lawful ev- idence ?" I cannot so view the matter. Tiiat the case of Mr. B. has gone to the public, is to be attributed sole- Iv to himself / gave it to you and himself only. If, thereibre, he com- plains of being aggrieved, because of the position into which he has been brought relative to the Church through me having come to the knowl- edge of the public, the complaint must be against himself simply. My complaint might be that I was so imposed upon by him in the first instance ; and then, when I have discharged a duty for which I alone must answer, at the tribunal of conscience here, and at that of my Maker and my Judge hereafter, this should be laid hold of, as I will assure you, Bishop, it seems to have been by some here, as another and available means of oppression and persecution. But as I have borne, so will I still bear, God helping me, ivithout complaint. I rely upon I he integrity of my cause, upon the faithfulness of the Master I ser\e, " Who knoweth how to succor," and upon the dispassionate consideration of my Bishop. " Audi alteram partem" is a rule which I have full confidence will be observed with regard to all the matters concerning which complaint has been made to vou.* That the Spirit of Grodmay then guide to a right judgment is all that I can ask. I trust my Bishop will appreciate the assurance of unfeigned regret which is experienced when, on the strength of views now before him, I decline a compliance with his " respectful request" to me to participate " in a court of inquiry" " appointed" on the case of IMr. A. C. Becker, to be holden " at the Vestry-room of St. James' Church" to-morrow. With sentiments of dutiful regard, I am, Rt. Rev. and dear sir, Your faitliful presbyter, W. F. WALKER. It subsequently transpired that " the Court" met at the time and place appointed ; but, the respondent not being present, broke up, without considering the case. * In this confidence the respondent was most sadly disappointed. Hi« Bishop ad- judged him " guilty" without a hearing in any way. 93 Having heard of the Bishop's arrival in the city, asreeablj to' expectation, and of his having taken up his quai'ters with the fam- ily of Kinzie, known to himself to be most opposed to the respond- ent, where his ears must of necessity be filled with prejudiced state- ments, and w^hcre very few of the respondent's friends cared to go, instead of with his presbyter, who had cordially invited him to ac- cept the hospitalities of his house, anticij)ations of a no very pleas- ing or promising character wei'e entertained, when, on the morn- ing of Saturday. June 1st, a call upon him was resolved upon. About 10, o'clock, A. M., the call was made. The Bishop's tes- timony sets out what had taken place. " For some reason or oth- er," said he, (and those reasons are contained in the above corres- pondence,) " Mr. Walker had refused to obey my orders as his Bishop. There were then three clergymen in town, to "whom I gave the information, and required them to present Mr. W. for trial, in consequence of his having broken his ordination vows. They did present him as having broken his ordination vows." That presentment is as follows : Chicago, June 1st, 1844. At a meeting composed of the Rt. Rev. P. Chase and four of liis Pres- byters, the following question Avas put by the Bishop to each of his Pres- byters, viz : Do you think that the Rev. W. F. Walker, in refusing to appear at the time and place appointed, to make good his charges against A. C. Becker, has violated the spirit of his ordination vow? The answer to this question was in the aifa-matlve, by the following Presbyters : — E. B. KELLOGG, Wm. ^Y. BOSTWICK, Wm. allanson, dudley chase. This document is addressed to the Bishop, here present. E. B. KELLOGG, Secretary of the meeting. The respondent had but just entered the room, when he was ac- costed by the Bishop, thus : " You, sir, are the man who has bro- ken his ordination vows ; and you are presented, sir — you are pre- sented. There — read that," — pointing to the above presentment ! lying on the table. Then, shaking his hand, clenched, with start- ling emphasis in the respondent's face, he said, with an eai'nestness almost peculiar to himself, " You have got to come down, sir, — you have got to come down !"* The respondent took up the paper and read it ; when the Bishop said to him, " When will you be ready for trial, sir ?" The reply was, " At any time, — on Monday next, if you please." But, after a moment's reflection, the answer was varied, thus : " I will take some tune to consider my position, and wiU then communicate with yon." After which, i-ising to leave, the respondent said, '" Bishop, I suppose you will officiate for me part of the day to-morrow ?" When, with an accustomed and pe- culiar emphasis. Bishop Chase said, " No, sir, — I dont't think I'll officiate for you at all: I regai'd you as ipso facto suspended, sir ; the case is so clear." * With what devotion the purpose thus declared has been pursued, from that date to this pteseat, the papers wliicn this publication presents sufficiently show. 94 The respondent counselled with his friends, as to what course he should now take; Canons XIV. and XV. of 18.'3« were examined, by which it appeared that the Bishop, though a party in the case, might be Judge ; hence it was thought that the respondent might as well admit the penalty at once, as to submit to any such trial as he would be able to obtain. It was decided, therefore, that, while he should reserve his oion vieio of the case, he should " bend to the powers," against which to attempt to stand, under the circumstan- ces, as the law then was, would be to be broken. Accordingly, the followijQg note addressed to the Bishop that afternoon : Chicago, June 1, 1844.. . Right Rev. and Dear Sir, — Allow me to assure you that your " request" to me to appear before the " Court of Enquiry a])pointed" by you " on the case of A. C Becker," was not understood in the sense oi an admoni- tion to which a canonical obedience would be required. Since that con- struction has been put upon it by yourself, my view of the case must yield to my conviction of the duty of submission to my Bishop, and I hereby consent to " substantiate in a Court of Enquiry," on Monday morning next, at 10 o'clock, at the Vestry-room of St. James' Church, the causes I have alleged as the grounds of my repulsion of JNIr. Becker. Yours dutiiully, ^Y. F. WALKER. P. S. — May I ask that the Chairman of that Court summon the late Wardens and Vestrj-men of St. James' Church, or so many of them as may be now in the citj-, to appear at the time and place mentioned, to give in evidence what they may know toucliing the charges alleged in this case ? On Monday morning, the Rev. E. B. Kellogg called on the re- spondent for " specifications of charges," which he said the Bishop required ; also that the respondent should appear by Counsel.* Thus was a regular suit insisted upon. B. S. Morris, Esq., in a spirit which has ever chai*acterized him with respect to the respondent, a spirit corresponding with that of the Counsel in August, 1846, came generously forward, without fee or reward, or hope of the same, and gave himself to the respon- dent's defence ; for in a trial of him it, in effect, resulted. The re- port of the trial is interesting, corresponding very nearly with the two reports already presented, but is too long to be inserted here. The Bishop was trier, or Judge, and finally gave his decision thus ; In making known my decision in the case of the appeal, made to rae by Mr. A. C. Becker, against the sentence of the Rev. W. F. Walker, repelhng him from the Holy Commuuion, it is necessary to review the grounds upon which the decision is based ; for that purpose the foUowiDg paper, read at the opening of the Court, will first be read. Be it kxowx, that the Rev. W. F. Walker, did, sometime in A. D. 1843, being at the time, Rector of St. James' Church, in this place, admit to the privileges of a communicant of the Protestant Episcopal Church of the United States of America, Mr. A. C. Becker,! * confirmed mem- * The inconsistency in requiring Counsel at one time, and denying the same at an- other, is etriking. The Counsel now demanded and accepted wasnot a communicant. 1 Kot so; he was permitted to commune in the Church temporarilj ; fcut was not admitted to the "jvift/fgcj of a communicant'' ,, . \xt of the [Danish] Protestant Episcopal Church,* in the use of a discre- tion generally conceded as being the right of the Rector iu such cases, of which the Rev. ^V. F. Walker was duly advised by the Bishop of the Diocese, on application made to hira for information. On Easter Even last, the said Rev. W. F. Walker did proceed to repel from the Holy Communion, the said A. C. Becker, and duly notify him of the same, and also the Ordinary, according to Canon, and referred it to him as "a case of Canonical discipline," alleging as the grounds of said repulsion, notoriously immoral and uncharitable conduct in the party re- pelled. Said Walker did also inform the repelled party that he might, according to Canon, appeal to the Bishop, and that he could alone be re- stored by him to Communion. The repelled parly, did rightly make such appeal, and demand an investigation of the alleged causes of his re- pulsion. Agreeably to such request, the Bisho^t of the Diocese did nom- mate the Rev. E. B. Kellogg, the Rev. Wm. AV. Bostwick, and the Rev. Wm. AUanson, to be a Court of Inquiry, to investigate facts, and to ob- tain evidence, upon which the judgment of the Bishop might be based, and inform the parties of the same, and request the Rev. W. F. Walker to appoint a time of meeting. The Rev. W. F. AValkcr did refuse to fix any time, and allege as a cause of said refusal, that said A. C. Becker had never been a member of the Church. Upon the case being again refer- red to the Bishop, he overruled the Rev. W. F. Walker's judgment in the case of Mr. Becker, and adjudged that he was entitled to use the Canons of the Church to whose communion he had been admitted, in defence of his character in the alleged causes of his repulsion, and moreover did fix a day, Fiiday, .31st of M.ay, 1844, for the meeting of tlie Court above named, in the vestry room of St. James' Church, Chicago, and respect- fully request both parties to attend. The Court assembled at the time and place mentioned. Mr. A. C. Becker appeared. Rev. W. F. Walker did not appear personallj- or by proxy ; whereupon the Court adjourned. The Bishop having been Informed of the issue, required the opinion of four of his presbyters whether they judged that the Rev. W. F. Walker had broken the spirit of his ordination vows, by neglecting to attend the Court of Inquiry, when officially requested so to do '? The four present answered in the affirmative, viz : Messrs. Kellogg, Bostwick, Allanson, and D. Chase, and signed an mstrument of writing addressed to the Bishop, to that efiect, (a copy of which instrument was furnished Mr. Walker.) Whereupon, after deliberation, the Eev. W. F. Walker addressed the Bishop, alleging that the cause of his non-attendance was a mistake in not consldermg the official request in the fight of an injunction to attend,f and offering to meet the Court of Inquiry on Monday, June 3d, at 1 A. M., for the purpose of submitting to the investigation of the case. Whereupon tids Court is now opened for that end, (Signed) P. CHASE, Bishop. Monday, 10 A. M., Jur.e 3, 1844. The Court duly assembled in the Vestry Room of St. James; Bishop Chase, presiding. Counsel was allowed on both sides in this case. Rev. W. F. Walker appeared by his Counsel, B. S. Morris, Esq. ; Mr. A. C. Becker appeared by his Counsel, I. N. Arnold, Esq. ; Mr. A. Hunting- ton, Secretary for recording evidence. ♦This pretension was entirely new, set up expi-cssly for tliis defence of the Bishop ; or in his own words, '' review of the grounds upon which the decision is based." A plausible fou.,dation for the course re,';olved on was felt to be needed ; and an ingenu- ity equal to the emergency supplied this before unheard-of pretext. It was never a.?- serted or made till presented by the Bishop in this pap'^r. It is therefore a fraudulent plea, introduced for a make-weight against the respondent. t The respondent never said a word about " mistake," as is here asserted ; there was no " mistake ;" he retained his original understanding of the case throughout, and re- tains the same to this day. His letter to the Bishop, (page 94,) wonld seem to be too plain to allow of Eucb a statement. ye The first question raised in the regular course of (rial, was that of Ju- risdiction, i. «., the right ot the persou appealing to be heard on that ap- peal. This, it was contended by the repelling party, he had not, because lie was not regularly admitted to the privileges of Church Communion. It was decided by the Court that the question was settled by a common principle of justice, — that he who was subject to the rf/sc/^j/me of the Church, was entitled to the benefit of her protective laics, in the defence of his Christian Character, when accused, whatever informality there might have been in his admission And as, moreover, in this case, the Rector used the authority and directions of the Canons and Rul)rics of the Church in repelling, and did himself acknowledge the right of ap- peal in the person so debarred from the Communion, it was decided by the Court that he had a right to be heard on that appeal, and have his case adjudged by the Bishop.* The second question raised was a request by the repelled party to be furnished with specifications of facts, under the general charges of im- moral conduct, by which it was alleged the act of repulsion was sustained. It was decided that it was the duty of the plaintiff to furnish the accused such specifications, that a just opportunity might be given to produce rebutting testimony. Accordingly the following alleged causes of the repulsion of Mr. A. C. Becker,irom the Holy Communion by Rev. "W. F. Walker, was produced in Court.f The causes alleged by me for the repulsion of ]\Ir. A. C. Becker, and which I shall endeavor to substantiate by lawful evidence in the Court of Inquiry appointed on the case, are : — First, Profaniti/ — i. e., the use of language commonly deemed profane, in the presence of J. B. F. Russell, in ti\e City of Chicago, prior to his repulsion at Easter last, and since the first day of October, A. D., 1843; and before others in said City. Second; Excess in Druxkinc] ; — i.e. the use of intoxicating liquor or liquors to such extent as to be commonly deemed excessive, at the City Hotel in the City of Cliicago, since October last, and prior to his repul- sion ; and at divers other places in the City of Chicago ; also in carrying it in his pocket for his use at his pleasure. Third; Hurt done to his neighbor bi/ word and deed, — i.e., having so spoken of his neighbor, and so given himself concern in his affairs as to be commonly regarded as inflicting essential hurt; to wit : to the Rev. W. F. AValker, and through him the Church, by the use of abusive language addressed to him on Clark st, in the City of Chicago, on or about the 23d March, A. D. 184-i, and also in being actively engaged in fomenting ill-feeling against said Walker, about tlie time last albresaid, with and amongst the brethren of the Church, and in pursuing (by his opposition) him, said Walker, to the breaking up of tlie said Walker's Pastoral connexion with St. James' C'-urch, to the hurt of said Walker, and of a large body of his parishioners, as they have formally alleged. (Signed) W. F. WALKER. The 3d charge and the specifications accompanjing it were not sus- tained, no evidence being offered to that effect; upon trial it was with- drawn.J • The " Court" here means Bishop Chase. It was a further decision of this " Court," "that any person who has received baptism in the name of the Father, and of the Son, and of the Holy Ghost, may claim the Gom- munion.and cannot be deprived of it;" thus null il'yinp; every restrictive provision of the Church, though bound upon Bishops and Clergy by the oaths of ordination. t This question was raised and determined by the '• Court," before it opened in the Vestry-room. (See statement on page 94.) The "specifications," so termed, were banded to the Rev. Ezra B. Kellogg, in obedience to the Bishop's mandate, in the morninff. The Bishop had them, therefore ; and by him they were " produced in Court ;" not, however, until there had been some contradiction about their having been furnished, and some confusion tending to the prejudice of the respondent. t No evidence was offered under " the 3d charge." It bad come to be pretty well On the Isl and 2il cliar^fs and .^pfxnlio.atioiis, tin- loUowinj^ is tlic opirl* ion and decision of the Bishop. They are both fsnstaincd, in part, iti POINT OF FACT. Thc acoused, therefore, stands reproved, and is herf(l)y solemnly exhorted to repent and amend. "' But in point o{ moral turpitude, the true intent of the Rubric author- izing a repulsion from the Holy Communion has not been fulfilled. It is as follows : '* If among those who come to be partakers of the Holy Communion the minister shall know any to be an open and notorious evil liver, or to have done any wrong to his neighbors by word or deed, so that thc con- gregation be thereby offended, he shall advertise him that he pi esume not to (>ome to the Lord's Table until he have openly declared himself to have truly repented and amended his former evil life, that the congrega- tion may thereby be satisfied, and that he hath recompensed the parties to whom he hath done wrong ; or at least declare himself to be in full purpose to do so as soon as he conveniently may." ■•) This Rubric is founded on the Word of (xod, Avhicli is as follows, JMatt* 18thc., 15, 16, 17 vt;.* " If thy brother shall trespass against thee, go and tell him his fault be- tween thee and him alone. If he shall hear thee, tJiou hast gained thy brother. But if he will not hear thee, then take M'ith thee one or twO' more, that in the mouth of two or three witnesses every word may be es- tablished. And if he shall neglect to hear them, tell it unto the Church ; but if he negle(;t to hear the Church, let him be unto thee as a heathen man and a publican." Gal. 6:1. " Brethren, if a man be overtaken in a fault, ye which are spiritual restore -euch an one in the spirit of meekness, considering thyself lest thou also be tempted." The Canon of the Church refers t© the Rubric, and Rubric carries into olTcct the injuncj;ion of Holy Scripture, and whei"ein the Rubric is silent as to the inethod of carrying the Scriptural injunctions into efiect, it is the duty of the Bishop to judge whether the intcni of the Rubric, as founded oi* Scripture, has been fulfilled ornot.f In this case of the repulsion of Mr. Beckr- troni the communion of St. James' Church, Chicago, the injunctjious of the Rubric, as interpreted by the Word of Gk»d, have not been complied with. It was the duty of the Rev. Rector of St. James' Church to have admonished Mr. Becker before he repelled him from the communion, of the faults contained in his charge of being an excessive drinker. Instead of this, it appears, on evidence, that he was intimate with Mr B. for some time, and drank "with him, one understood that the aim was indirectly to try the respondent ; and that " tJie 3d charge'" was to be the available means " to that effect." Tlierefore. it was withdrawn. " Notes," by a friend, taken at the time, furnish thc folIowinf{ : " The Counsel for the Hector here offered to withdraw the third spocifitation ; but the inipartiiil Court decided it would be evidence the plaintiff could prove nothing. New as this charge embraced • tattling,' and that amony women, it was thijught advisable to withdraw it, rather than liave an infuriated Sewing Society brought on to the stand. " Some desultory conversation ensued, and the third charge, by agreement, was dropped." * This assertion so unhesitatingly made, is original with Bishop CSase. And by all who examine the matter, it isust certainly be admitted to require a degree of theologi- cal acumen not less than th«t which distinguishes hira, to discover the shadow of a re- lation between the Rubric and the Scripture, so undoubtingly alleged to be its foun- dation. The discovery was timely, and valuable for its application to this case. It af- forded a turn upon tlic respondent that probably was as gratifying as it certainly was indelicate, unkind, and unjust. It will here be seen that JIatt.xviii. 15-17, was once in the mind of Bishop Chase, in connection with what was professed to be ecclesiastical ju.stice ; however aeeply it may be rec;retted that the impression was not such as to iufiuence him permanently in the line of its teachings. But when its application would require duties to be perform- ed that might favor the respondent, it appears to have been entirely lost sight of; in no instance has it been recognized in respect to him, except in the above, when it was wrested into a connection in which obviously it does not beloug,^and, contrary to testi- mony, made to bear against him. t This opinion is so monstrous, beyond any precedent that has ever been furnished by a Protestant Bishop, that it cannot fail to attract merited uoticc, and show the loae at its author, without comment by the respondent. 13 time, a glass of spirits," and Rt another, ** in company with a third pcreoc, one bottle of Claret, and half a quart bottle of Madeira or Sherry wine."* From this testimony, it appears that Mr. A. C. Becker has not been dealt with according to the true intent of the Rubric, which is to promote penitence in the offender, as well as to remove scandal from the Church. The Bishop, therefore, does not sustain the repuhiun of Mr. A. C. Beck- er from the Holy Communion, by the Rev. Mr. Walker, but considers him at a communicant admonished of his fault, and exhorted to repentance and a godly life.\ PHIL. CHASE. Bishop of the P. E. Chh. in 111. Jtcne 4th, '44, Chicago, 111. To the Rev. W. F. Walker. Thus was Becker restored to what the Bishop had decided h^ could not say should be granted him, lest it should, in a certain event, lead to results " entirely schisraatical ;" restored to what was never his, and what, within a very few days, on the steamboat, be- tween Chicago and Buffalo, by the grossest dissipation, he proved himself unfit to enjoy. And thus vN^as fastened on the respondent an enemy whose boasi it was that he could and would crush the respcuident, for he had the Bishop on his side. His work was immediately commenced; with what succes.s he andKinzie prosecuted it, aided by some few, mostly of, or in alli- ance with their families '^the presentment" that followed, " Mf pre- sentment of 1844," is evidence. N, page 29. The letter referred to may be seen on page 68. • To the statements in this paragraph, the respondent excepted at the tinsc. as foI!ow» " 1st. That I did not admonish Mr. Becker before lii« repulsion, does not appear in the evidence, and cannot tlieretbre, consistently, be so stated ; and, ".2d. That I ' drank with liim, and a third person, one bottle of Claret, and half b (luart bottle of Madeira or S^herry wine,' the ovidiuce does not show. It was in evi- dence most expiicitiv that; on the" occasion lelerrcd to, ladie.> '.vere at the table, in ad dition to the gentleriien named; and this was true to the nuniliur of three ; thus making the total who participated in the wine six, at least, iu-'^tcad of ihrec only, as the d*-cii- ion untruly asserts." Why were these points thus strained beyond the testimony ? Did justice, or cliarity or truth require it? tOn the decision in the case of Becker above given, a friend propa^ed, at the tim< ,ili« following queries : — '■ 1st. Can a Lutheran, communinp in the Church on sufferance, if repelled, have the right of appeal as contemplated in Canon XLIL? • 2d. Becker having been a communicant on sufl'ernnce simply, can Bishop Chaw, under the advice ijivcn in hi.s letter to the Kector of Kov. lUMi, coDiisteutly or rieht- I'ully entertain his appeal ? '■ M Can a Lutheran, or other dis.<=enter, who lefuscs to submit to the Rubrics and Canons of the Church, specially a^ regards conflrmation, claim, to ttaud on a footing, iQ point of jjrivi'eRe, with loyal members of the Church ? ■'4tli. (;an a dissenter who owuh not allegiance to the Church, and contemns her laws, claim the i)rotection of the ( hurch, orthe application of her laws, in yindicatinj iiimself against the e.\pres9 torms of those laws' ■' 6th. Can Bisliop Cnase compel hi.s prc-bytcr to appear as prosecutor on appeale, in ,iHf case; but nivire especially in the ca.se of a dissenter? •' Gth. Does the right of appeal extend to Mormons, who, under the decision of Bian- i>p Chase, hat^i;? been bapjiwd Uttj^Cl >>«^|SiOf the Trinity, may claim the right oi Communion in the Church ?" ' ' ' ' — ,<.j '.i iii-y.: ■'•■■I' '" '•'■ '■■■