OF THE CASE BETWEEN THE REV. CAVE JONES, AND THE RECTOR AND INHABITANTS OF THE CITY OF NEW-YORK IN COMMUNION OF THE PRO -NEW-YORK. AS THE SAME WAS ARGUED Before the five Judges of the Supreme Court of the state of BY MATTHEW L. DAVIS. LIBRARY NEW-YORK: PRINTED BY WILLIAM A, DAVIS. 1813. District of New-York, ss. BE IT REMembered, that on the nineteenth day of November, in she thirty-eighth year of the Independence of the United States of America, MATTHEW L. DAVIS, of the said District, has deposited L. S. in this office the title of a Book, the right whereof he claims as proprietor, in the words and figures following, to wit: Report of the Case between the Rev. Cave Jones and the Rector and Inhabitants of the city of New-York in communion of the Protestant Episcopal Church in the state of New-York-as the same was argued be fore the five Judges of the Supreme Court of the state of New-York. Arbitrators to whom the differences between the parties were referred by a rule of the said Court. By Matthew L. Davis. In conformity to the Act of the Congress of the United States, entilled "An Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books to the authors and proprietors of such copies, during the time therein mentioned." And also to an Act, entitled "an Act, supplementary to an Act, entitled an Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books to the authors and proprietors of such copies, during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving and etching historical and other prints." THERON RUDD, Clerk of the New-York District. PREFACE. THE importance of the controversy between the rev. Mr. Jones and the Vestry of Trinity Church, will, it is hoped, be deemed a sufficient apology for offering to the public this "Report of the Case." To episcopalians, in particular, this controversy was important because, the interesting questions, whether a bishop could resign? and if he could, whether, in our country, such resignation must be made to the state convention, or to the house of bishops? seemed to be involved in the final decision of Mr. Jones's case. By the construction given to the terms of submission, between the vestry of Trinity Church and the rev. Cave Jones, it appears, that the arbitrators were not compelled to give any decision or opinion," as to the validity of the proceedings previously instituted. It was, however, generally understood and believed, that the bord was imperative; and that a decision on this point would have been one of their first acts-But the award must speak for itself. It evidently determines nothing except the question of compensation. Of the opinion of the arbitrators on the legality of those proceedings, as they have not offered their sentiments, the public are left to form deductions from the compensation allow ed; which has been increased from two thousand five hundred, to seven thousand five hundred dollars. From a private and respectable source, it is stated, that their silence on this head, arose from an unwillingness to interfere with the province of the ecclesiastical authority. To those who are unacquainted with the proceedings, previous to the reference, the bond, which is the first docus |