USA > New Jersey > Hudson County > Bergen > Annals of the classis of Bergen, of the Reformed Dutch Church, and of the churches under its care: including, the civil history of the ancient township of Bergen, in New Jersey > Part 18
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In June, 1824, the Classis of the True Reformed Dutch Church resolved that the body should be there- after known and distinguished by the name of the General Synod of the True Reformed Dutch Church in the United States of America, and organized two Classes, by the names of Hackensack and Union, un- der the care of the Synod. The True Reformed Dutch Church then contained, according to the table publisli- ed in their minutes, sixteen churches or congregations, ten ministers, two candidates and one catechist. In 1825, the General Synod of that Church contained 12*
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twenty-one congregations and twelve ministers. In 1826, the like numbers, according to the table in the minutes of their Synod, the last enumeration we have before us.
On the 2d February, 1824, a meeting of the minis- ter and all the elders and deacons, composing the Consistory of the Church of the English Neighbor- hood, was held. Commissioners of the Classis of the True Reformed Dutch Church attended, and having asked whether the Consistory had determined unani- monsly to dissolve their connexion with the Classis of Bergen and the General Synod, and to place them- selves and the Church, under the care of the Classis and Synod of the True Reformed Dutch Church, and each one of the deacons and elders having answered in the affirmative, the usual token of reception was given to them by the commissioners. A minute was made on the books of the Consistory. At the succeeding meeting of the Classis, the name of Synod not having been yet taken, of the True Reformed Dutch Church, in June following, upon application from the minister, elders and deacons of the English Neighborhood, they were, by vote and record on the minutes, received in- to connection with and under the care of the Classis, and one of the elders as the representative of the Church, took a seat in that body.
In June, 1825, a committee of the General Synod of the True Reformed Dutch Church, made a report to that body proposing that the ministers, elders and deacons who composed the Synods, Classes and Con- sistories of the Reformed Dutch Church, so called, and all those members who then were and should con- tinue to remain in communion with and subject to them, should be excommunicated. The consideration of this report was deferred until the ensuing session in June, 1826, when the subject was indefinitely post- poned. I advert to these proceedings merely to show their recognition of the existence of the ancient body
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and the avowal of their separation from it. In the report it is said, " We have separated from the Synods, Classes and Consistories of the Reformed Dutch Church so called, for substantial scriptural reasons." In the preamble of the resolution for indefinite post- ponement, they say, " the separation between us and the body styled the Reformed Dutch Church, is of such a nature and for such reasons, that there can be no ecclesiastical communion between us and them until the ministers and members of that body return to the ground from which they have de- parted." In the pastoral letter of June, 1825, they speak of "The stand we have been enabled by divine grace to take in pleading with our mother, by a for- mal and public separation from her communion."
Such being the prominent points in the history of these transactions, so far as I deem them material to the right understanding of the subject before us, the question recurs whether this body called the True Reformed Dutch Church is the Reformed Dutch Church mentioned, known and recognized in the act of the legislature for the incorporation of religious societies. If this body is the Reformed Dutch Church so known and recognized, and if the Classis to which the Consistory became and yet is attached, is a legiti- mate and constitutional judicatory of that Church, then do the minister, elders and deacons in question belong to the Reformed Dutch Church ; otherwise so far as respects themselves and their own acts, or as their connection with that Church may depend there- on, they have ceased to be its members.
From the constitution of the Reformed Dutch Church and from precedents in the acts and proceed- ings of the Reformed Dutch Church and of the True Reformed Dutch Church, it appears that the forma- tion of a new congregation or Consistory or church judicatory, in connection with and subordinate to that Church. is to be made with the consent and by
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the authority of the proper ecclesiastical assembly. A portion of the members of the Church, or converts professing its faith, cannot by their own act and with- out the sanction prescribed by the constitution, form a new Consistory, Classis or Synod within the pale of the Church. Rules of church government, art. 29, 30, 38. Explanatory articles, 39, 52. Acts and pro- ceedings of General Synod of 1800, 1809, 1821. Acts and proceedings of True Reformed Dutch Church, 1824. Indeed this principle so evidently results from the very nature of regular government, that a re- ference to reasoning or authority seems unnecessary to establish it. A new State cannot be admitted into this Union, without the consent of Congress ; nor can a new State be formed or erected within the jurisdic- tion of a State or by the junction of two or more States, or parts of States, without the consent of the legislature of the States concerned as well as of Con- gress.
The position maintained by the defendants' counsel, that there may be and are distinct ecclesiastical bodies in this Church, is true. It is shown not only by article 51 respecting the Dutch and Walloon Churches, which was cited, but by the whole frame of government. There are distinct Classes and Par- ticular Synods every where. But they, like the Dutch and Walloon Churches, are connected together and have a common head and governor in the General Synod.
The ecclesiastical body then which was formed in 1822, and called first the Classis, - and afterwards the General Synod, of the True Reformed Dutch Church, not having been organized in the manner provided and sanctioned by the constitution of the Reformed Dutch Church, cannot be deemed a con- stitutional judicatory of that Church. Indeed they do not theinselves claim so to be, but avow themselves to have separated from and to be disconnected with that body.
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I do not mean to say they had not lawful right and good grounds to withdraw from the ancient Church, and to constitute a new church. We are not called to express any opinion on that point. Nor do I mean to say they are not entitled to the most full and free enjoyment of religious rights and privileges and to worship the Almighty according to the dictates of their own consciences.
I mean simply to say, as indeed they themselves in effect say, the new body is not a judicatory of the Reformed Dutch Church.
Is then the body formed in 1822 the Reformed Dutch Church, the body known and distinguished as such in the act respecting religious societies, which had existed many years before, both de jure and de facto, and which, as all admit, exists and acts, de facto at the least, to the present hour ? These bodies are separate, distinct and independent. Both cannot then be the Reformed Dutch Church. The new body can be so only by taking the place of the old, now de- funct. Is then the ancient body dissolved ? Its Clas- ses, Consistories, Synods destroyed ? Its ministers deposed ? Its people no longer members of a lawfully constituted Church ? And all, without process, trial or condemnation. Have they lost all their civil and ecclesiastical rights by the formation of a new body, even if the allegation is true that errors of doctrine and of practice had crept in among them ? To enter on a course of reasoning to resolve these questions is superfluous. No one, as it appears to me, will hesitate to answer them in the negative.
By this view of the case, it is, I think shown, that the minister, elders and deacons of the English Neighborhood, so far as depended on themselves and their own will, were separated from and ceased to be a minister and elders and deacons of the Refornied Dutch Church.
We are now to enquire what has been done on the
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part of the church, of which prior to January, 1824, they were as is admitted, members and officers.
At a meeting of the Classis of Bergen on the 18th of February, 1824, to which Classis the congregation of the English Neighborhood belonged, the Rev. Cor- nelius T. Demarest, then the minister of that congre- gation, was suspended from the office of the ministry. Was this suspension within the jurisdiction of the Classis ? The jurisdiction, I understand to be express- ly given by the thirty-ninth explanatory article. " Classes are invested with the power of approving or disapproving calls, and of ordaining or deposing ministers or dismissing them when called elsewhere." The shortness of the notice given to the minister to appear and defend himself was the subject of some forcible remarks on the argument at the bar, and when we recur to the deliberate procedure of courts of law, the time seems indeed to have been brief. I find, however, no rule prescribed in the constitution of the Church, and of course it is subject to the dis- cretion of the Classis. The sentence of suspension then appears to have been a judgment of a competent court, within its jurisdiction, having authority over the party and the subject, liable to an appeal to a higher tribunal by any one aggrieved, from which, however, no appeal was taken; and to which, there- fore, we are bound, sitting in another judicatory, to give respect and effect, without enquiring into the truth or sufficiency of the alleged grounds of the sentence.
On the same day, the Classis proceeded to investi- gate the charges against the Consistory, or the elders and deacons ; and after hearing the evidence, which is spread on their minutes, they declared vacant the seats of the Elders and Deacons as members of the Consistory of the Church at the English Neighbor- hood, and deposed them from their respective offices.
The jurisdiction of the Classis in such case, is, I
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think, fully sustained by the constitution. The prose- cution was instituted and the charges were made, it is to be observed, against the whole Consistory, against all the elders and deacons. It was therefore a case not within the seventy-ninth article, which provides for a decision by the particular Consistory and that of the next adjacent church. It was obviously a case to which the particular Consistory was incompetent. From the nature of government in general, it would seem that a remedy should be sought in the next
higher judicatory. Article, thirty. " A greater as- sembly shall take cognizance of those things alone which could not be determined by a lesser." Article, thirty-six. " A Classis has the same jurisdiction over a Consistory which a Particular Synod hath over a Classis and a General Synod over a Particular." Ex- planatory article, thirty-nine. " Classes have cogni- zance of whatever respects the welfare of their particular churches, for the management of which the Consistories may be incompetent." Appendix two hundred and sixty-one. "Any lower judicature as a Consistory or Classis, esteeming itself aggrieved by the judgment or censure of an higher, enjoys the same privilege" (of appeal). In addition to these clauses, we find a practical illustration of the subject in a resolution of the General Synod in June, 1823, directing the Classis of Paramus to depose the Consis- tory of a particular congregation and to organize a new one.
Here are then the sentences of a competent tribu- nal, in the exercise of its constitutional jurisdiction, deposing the elders and deacons as well as the minis- ter, from their respective offices ; and from the com- bined force of their own acts and the acts of the church by its judicatory, without estimating the relative in- fluence of either, it seems to me to be fully established that the then incumbents ceased to be the Minister, Elders and Deacons of the Dutch Reformed Church of the English Neighborhood.
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Upon the argument at the bar, it was insisted not- withstanding the acts of the incumbents and the proceedings against them, they remained trustees, inasmuch as the act of the Legislature declares that every minister, elder or deacon constituted a trustee, shall continue in office until another person shall be elected, appointed, or called in his stead; and that although the act elsewhere says the minister, elders and deacons, for the time being, shall be trustees, they can be superseded, as trustees, only by a new election, appointment or call. There seems some in- congruity in the doctrine that if the incumbents regu- larly resign or are lawfully deposed from the elder- ship or deaconship, they nevertheless remain trustees until others are elected. We need not, however, at present examine whether this position is correct. For as has already been remarked, unless the lessors of the plaintiff were duly elected and constituted elders and deacons and thereby trustees, they cannot recover the premises in this action, whatever may be the con- dition of the defendants.
It remains then to enquire whether they were so elected and constituted.
After the elders and deacons were deposed, as al- ready mentioned, the Classis ordered the male mem- bers in communion to meet and elect others to fill their places. An election was held, but was after- wards, at a meeting of the Classis in April, 1824, declared irregular, and set aside, and a new election ordered, the following resolve having been first adopt- ed, " On request made by certain members of English Neighborhood Church, Resolved that the mode here- tofore used for electing Elders and Deacons in the Church of the English Neighborhood, be and hereby is altered; and that in future, the members of the Consistory shall be chosen by the male members in full communion."
An election was held accordingly on the first of
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May ; the persons then elected were ordained on the ninth of May ; and at a meeting of the Classis in De- cember following, a report of the election and ordina- tion was made, accepted by the Classis, and the persons therein named were declared to have been duly ordained to their respective offices.
To avoid any mistake, it may be useful here to notice that all the incumbents named in the pleadings are not on either side precisely the same as they were in 1824, some changes having been made by subse- quent circumstances. It is, however, admitted in the state of the case before us, that the elders and deacons who were elected on the first of May, 1824, were regularly sworn into office, and that the elders and deacons on both sides have from that time onward, regularly taken the prescribed oaths ; so that the sub- sequent changes are not material as to the result of the matters in controversy.
The question whether the elders and deacons of the first of May, 1824, were elected and constituted ac- cording to the manner, usages and customs of the Reformed Dutch Church, is, according to what I deem, the just construction and effect of the eighteenth . section of the act respecting religious societies, closed by the act of the Classis of December just now men- tioned. "If any dispute shall arise respecting the validity of the election, appointment or call of the said trustees, the same shall be referred for final de- cision to the superior church judicature to which such congregation is subordinate, according to the customs and constitution of the said Reformed Dutch Church." The Legislature have wisely placed this matter in the proper hands. Whomsoever the church judicatory decide to be the spiritual officers, we are bound to re- spect as such, and consequently as the trustees.
The language of the section fairly and fully excludes any power in this court to decide on the validity of their election, appointment or call. The decision of
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the church judicatory is not final if we may after- wards examine its merits. I do not mean that we may not in a regular manner enquire who are the of- ficers or by what authority individuals exercise these functions. But in my opinion, according to the in- tention of the Legislature, the solution of such en- quiries is shown by the decision of the church judica- tory. If we ask, as we doubtless may do, by what warrant individuals exercise the powers and duties of minister, elders and deacons, they may answer, by an election, appointment or call, the validity of which has been decided and sustained by the superior church judicatory to which the congregation is subordinate. Such being the fact, ulterior enquiry, on our part, is closed ; and I think, with much propriety and wisdom.
Notwithstanding, such is, in my judgment, the law whereby we are to be governed, I shall proceed brief- ly to consider, as it may not be without profit, the conformity of the election to the usages and constitu- tion of the church, at least so far as objections were raised to it upon the argument.
1st. The power of the Classis to order a new elec- tion. Assuming that the seats of the former Consis- tory were vacant, the power of the Classis to provide for supplying their places by a new election is shown by the articles thirty and thirty-six, and the explana- tory article thirty-nine, which I have quoted in an- other place. It is further supported by the spirit, if not by the letter, of the thirty-eight and thirty-ninth articles.
2d. The power to set aside the election reported by the Rev. Mr. Van Santvoord. The irregularity and il- legality of that election are obvious and uncontro- verted. It was made prematurely, before the arrival, and without the presence of the clergyman appointed, according to the usage of the Dutch Church, to pre- side on such occasions. No regular minute was made
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of their proceedings ; nor did it appear that the electors had been called together or in any wise notified of the election. Such being the case, the Classis, the next higher church judicatory, was the proper tribu- nal by which that election should be declared illegal and set aside. Article, thirty-nine; Explan. art. thirty-nine. Moreover, the persons then chosen were afterwards chosen at the subsequent election, and under it accepted the offices, whereby both they and the electors adopted and ratified the act of the Classis ordering a new election.
3d. It was objected that the Classis altered, without authority, the mode of election.
The ancient mode of choosing elders and deacons, long used in that congregation, as appears by the consistorial records, was, according to one of the modes pointed out in the twenty-sixth explanatory article, by the Consistory for the time being. Inas- much, however, as at the period in question there was no Consistory, necessity required that some other mode of election should be pursued. The only mode left was prescribed, to wit, by the members; as both the others required an interference of the Consistory. The Classis rather pointed out the mode which the exigency of the case required than made an altera- tion. Unless this mode had been pursued, there could not have been another election. The twenty- sixth article just referred to does, however, provide for an alteration, and does not as was argued, require the application for that purpose to be made by the Consistory alone. In the present case a previous ap- plication was made, and by members of the Church .*
4th. It was objected that the choice was unlawfully restricted to the male members in full communion.
* NOTE. "On request made by certain members of the English Neighborhood Church, Resolved that the mode heretofore used for electing Elders and Deacons in the Church of E. N., be and is hereby altered, and that in future, the members of the Consistory shall be chosen by the male members in full communion." Extract from the minutes of the Classis of Bergen, April 20, 1824.
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I am not satisfied there has been an illegal restric- tion. If the term "members of the church" in the* twenty-sixth explanatory article be in any wise vague, it is explained by the* twenty-second article, in pari materia, to which also the* twenty-fourth article re- fers ; "the members in full communion." Whether the term members has been held in practice in the Dutch Church in general, to extend the right of suf- frage to females as well as males, I have not found, in the evidence, precise information. It cannot be said there has been in that congregation any custom or usage which has given a construction to the constitu- tion including females in the right to vote; for as al- ready mentioned, the members to fill up vacancies in the Consistory have been chosen by the Consistory, from time to time, for many years and during the whole period of which their minutes have been fur- nished to us. In June, 1823, the Classis of the True Reformed Dutch Church, recognized an election of elders and deacons in the congregation of Charleston, in the State of New York, which had been made by the male members in full communion. Where or how then is it shown that the females were accustom- ed to vote in the choice of these officers or were en- titled to do so? I cannot say, from the evidence,
* Explanatory Art. 26. "The manner of choosing elders and deacons is not rigidly defined. A double number may be nominated by the Consistory, out of which the members of the Church may choose those who shall serve ; or all the mem- bers may unite in nominating and choosing the whole number without the inter- ference of the Consistory; or the Consistory for the time being, as representing all the members, may choose the whole and refer the persons thus chosen by publishing them in the church, for the approbation of the people. This last method has been found most convenient, especially in large Churches, and has long been generally adopted. But where that or either of the other modes has for many years been fol- lowed in any Church, there shall be no variation or change, but by previous-applica- tion to the Classis and express leave first obtained for altering such custom."
Art. 22. " The elders shalt be chosen by the suffrages of the Consistory and of the deacons : in making this choice it shall be lawful, as shall best suit the situation of each Church, either to nominate as many elders as shall be judged necessary for the approbation of the members in full communion, or to propose a double number, that the one half of those nominated may be chosen by the members."
Art. 24. "The deacons shall be chosen, approved and confirmed in the same manner as the elders."
The articles were adopted in 1771 ; the Explanatory Articles in 1792.
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that the rights of any persons have been illegally withheld. On the part of those, if any, who may have been affected, we hear no complaint.
From a careful and anxious examination of this cause, the deep interest and importance of which all must feel and realize, I am led to the conclusion that the elders and deacons who are the lessors of the plaintiff have shown themselves to be the legal trus- tees, and as such entitled to the premises in question. I repeat a sentiment I wish distinctly to be under- stood, that in what I have said, I mean not to make the most remote allusion to the propriety or impro- priety, the policy or impolicy of the secession of the True Reformed Dutch Church, in a religious or spiritual sense. I seek only its legal effects and con- sequences.
In my opinion, judgment should be rendered for the plaintiff.
Inasmuch as the ecclesiastical questions and action thereon, have, as to the facts and principles of the Se- cession, been heretofore set forth under the history of the Churches of Hackensack and Schraalenbergh, we shall leave this painful part of our history at this point. The great legal questions involved in this English Neighborhood suit claim the attention of all our ministers and consistories.
It is due to Mr. Demarest's ministry, to say, that prior to his secession, the records of the English Neigh- borhood Church show, that during his pastorate, there were admitted to communion, on confession of faith, fifty-one persons, and twelve on certificate ; and an additional piece of ground was purchased in May, 1818, for enlargement of the grave-yard.
The tracing of the history of the Secession Churches
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the author does not attempt; and only so far as to convey a truthful history of the Churches in the Clas- sis of Bergen, does he narrate the acts of the Secession. However dark the present prospect, yet it is fervently to be hoped that the day will come, when this breach will be healed-when "Ephraim shall not envy Judah, and Judah shall not vex Ephraim."
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