USA > New York > Otsego County > History of Otsego County, New York : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 27
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Mr. Thorp, father of Edward, John, and Charles, was a
111
HISTORY OF OTSEGO COUNTY, NEW YORK.
pioneer north of the village. Edward died on the home- stead, aged ninety. The same premises are now occupied by Hon. Henry Thorp, a prominent citizen, who was a mem- ber of assembly in 1873. Charles Thorp was town clerk in 1806-8, and subsequently became a Presbyterian minister.
The father of Charles Root was an early settler in the east part of the town, and the old homestead is now occu- pied by a son of Charles,-Major Charles P'. Root.
James Myrick was also a pioneer in this locality, and many of his descendants reside in the town. A. M. Beardsley and a son, Daniel, early located in this vicinity. The latter died at the age of about ninety years, and the old homestead is now occupied by descendants.
Daniel Adcock, a brother-in-law of Richard Musson, settled in about 1790 on East Hill, and lived and died there. Nathaniel Hesloys, also a native of England, located in about 1790 on the farin now occupied by a nephew, John Hesloys. He married a sister of Richard and Wil- liam Musson, who was a prominent woman in the Presby- terian church.
Still another native of "old Albion" was Thos. Strongi- thams, who with his wife located in an early day on a farm south of the old village plat, which has since been divided and added to the village.
A prominent pioneer was Deacon Samuel Shaw, who moved with his wife and family from Massachusetts in about 1796, and settled about two miles cast of the present .. village. He died in 1799, this being the first death in town. William and Colonel David Shaw, brothers of Samuel, came into the town at the same time. The former settled about one mile from the village, and was accidentally killed while logging. The latter settled about three miles east of the village, and was a farmer. He died here in 1837, aged eighty-seven. He served with distinguished ability in the war of the Revolution, and refused to receive a pension, saying that he entered the service through the promptings of patriotism alone. He was one of the first to espouse the colonial cause, and served through the entire eight years of that unequal contest. He was supervisor of the town in 1810 and 1811. His family consisted of three sons and three daughters. Colonel David, Jr., mar- ried Miss Chapin, of Winfield. He was active in the affairs of the town, and was supervisor in 1826-7-8-39. He was also prominent in the military, and for several years was colonel in the militia. Colonel David, Jr., and his wife both died within a week of each other, in the year 1843.
" The black crunch death halts once at each door, A mortal must mount to return nevermore."
John Shaw moved to Iowa, where he died, and Clark lived and died on the farm ; Elizabeth married A. S. Rock- well, and of their family of eight children, only three sur- vive. Catherine married A. R. Rockwell, and a son, Dr. George A. Rockwell, is a dentist in the village of Gilberts- ville; Mrs. Stebbins lives in Norwich, and Mrs. Dr. A. L. Comstock near New York. Sarah married JJared Comstock, and died in 1864, at the age of sixty-eight years. Mr. Comstock resides on a farm near the village, which he has occupied since 1828. He condocted the woolen manufac- turing business for twenty-seven years, in the factory that
was erected by Nathaniel B. Bennett in 1808, which was the first in the town. Ferdinand Shaw, a son of Colonel David, Jr., is a merchant in the village of Gilbertsville, of the firm of Hurd & Shaw.
William Shaw, a cousin of Colonel David and Deacon Samuel, came from the same town in Massachusetts, and early located in the vicinity. He was celebrated as a wolf- hunter, catching them in traps. It was not an uncommon occurrence for him upon finding a wolf in the traps to tie its nose with a piece of bark to prevent biting, and, placing it on the horse with him, jog along to the house with it alive. Two daughters of Mr. Shaw are residents of the town,-Mrs. Sally Gamble and Mrs. Phebe Shaw.
Joseph Chapin came from Massachusetts in about the year 1796, and settled across the creek on the premises now owned by Thomas G. Hukes. A grandson, Luke, lives in the south part of the town.
In the locality known as " Gregory Hill," Noah Gregory and Nathaniel Huntington were pioneers.
Abner Ford was a pioneer from Greene county. Ilis sons were Valorous, John, Corydon L., and Hiram.
A prominent pioncer in that locality now known as " Dimock Hollow," in the present town of Morris, was James Blackman. James, Jr., a son, lived there many years, on the old homestead, which originally embraced 600 acres, a portion of which is now owned by A. T. Black- man. J. Russell Blackman now owns the farm lying above the grist-mill, where his father lived and died, and on this farm was crected the first Presbyterian meeting-house. 1. J. and J. Russell Blackman reside in the village, and the latter has held the office of supervisor six terms. A daughter of James Blackman, Jr., is the wife of Dr. II. II. Wickes, and they reside on a large farm at Maple Grove, in Morris.
A pioneer tavern-keeper was John Marsh, who emigrated from Hartwick, Mass., in about 1790, and located above the village, where he opened a public-house, which was for many years the leading tavern in this section. Here the town-meetings were held, and it was also the headquarters for the " general trainings." A son and son's widow reside near the village.
An active pioneer was Captain John Bryant, a son-in-law of Abijah Gilbert. He was the proprietor of a taunery, and was also postmaster many years, and at various times officiated as supervisor and town clerk. A son, Henry C., lives in the village.
Benjamin and Eli Rockwell and other brothers were pioneers, and many of their descendants reside in the east part of the town. James M. occupies the old homestead. and Selah and Dr. Geo. A. Rockwell are residents of the village.
Other carly settlers were Ezra Calkins, Elisha Burgess. Charles, Joseph, and Elisha Smith. Edmund Pettingill. Jason Lee, Samuel Comstock. Reuben Biber and -on Martin, Major Alexander Bryant, a Revolutionary pon- sioner, Jared Lillie, Russell Millard, Ezra Calking, and EJ- ward Davis. The widow of the latter resides on the ol.l homestead, at the advanced age of nearly one hundred years.
The village of Gilbertsville is pleasantly located on the
112
HISTORY OF OTSEGO COUNTY, NEW YORK.
west side of the Butternut creek, and contains many costly and attractive residences. It has suffered severely from the effects of fire, the first of any importance occurring in 1866, when a portion of the business part was destroyed. It was rebuilt, and began to resume its former prosperity when, in 1874, it was again visited by a disastrous confla- gration, which swept away more than thirty buildings.
The present business interests are as follows, viz., general stores, J. K. Brewer, Hurd & Shaw, William Oliver (es- tate), G. Sturdevant ; drugs and groceries, G. O. Whit- comb, W. W. Stockwell ; hardware, Bedient & Freeman ; furniture, F. Blackman ; jeweler, C. V. Daniels; Otsego Journal, William Dietz, proprietor; marble works, Park & Ward; planing-mill, etc., H. C. Bushnell, H. R. Shade; foundry, etc., J. Mayne; boots and shoes, S. B. Cone, L. W. Parks; dentist, Dr. G. A. Rockwell; attorney-at-law, William C. Bentley ; physicians, F. H. Winans, H. H. Wickes, and L. E. Thorp ; photographer, William R. Smith ; millinery, Mrs. J. B. Howland, Miss M. N. Roek- man ; grist-mill, John S. Kellogg ; blacksmithis, A. L. Thompson, A. J. Dixon & Son, R. S. Hollis ; wagou-shop and blacksmithing, John Morrissey ; harness-shops, E. Griffen, C. Coos, Wm. Wood ; barbers, L. H. Coye, P. Loos; billiards, C. L. Gregory; cooper, Jehiel Griffen ; livery, H. Gregory, L. Emerson ; tailor, Robert Drysdall ; brick, Mr. Middleditch ; cheese-factory, J. H. Gilbert.
There are four churches in the village, viz., Episcopal, Presbyterian, Methodist, and Baptist.
The following is a list of the supervisors and town clerks from 1796 to 1878.
Supervisors.
1796 Lewis Franchot.
1797
1798
66
16
1799 ¥
1800. Joseph Shaw.
1801 ..
Pasehal Franebot.
1802
Jacob Morris.
1803
1804
1805.
1806
Charles Thorp.
1807
1808
1809
V. P. Van Rensselaer. David Shaw.
Willard Coye, tanner.
1810 1811 ..
1812 Paschal Franehot.
1813
=
1814
66
1815
1816
1817 V. P. Van Rensselaer.
1818
Samuel Cotton.
1819 Paschal Frunchot.
1820
Samuel Cotton.
1821 Paschal Franchot.
1822
David Walker.
1823
1824. Jacob Morris. Paschal Franchot.
1826
David Shaw.
1827
Jr.
1828
Jr.
1829
A. C. Moore. ¥
1531.
John C. Morris.
1832 1. C. Moore.
1833. ..
1834 1835 Ansel C. Moore.
1836 John Bryant.
1837 Ansel U. Moore.
1838 Paschal Fran :hot.
1839 David Shaw.
1810 Jacob K. Lull.
1811 .. Chauncey Moore.
Supervisors. Town Clerks.
1842
Lovel B. Luce.
Holland B. Yates.
1×13.
. Jacob K. Lull.
1844. Samuel C. Gilbert.
1845. Chauncey Moore.
1846. Holland Yates.
1847
1848
Hezekiah Sturges.
1849.
Francis Walker.
1850 Geo. M. Hollis.
185] Daniel Knapp.
1852.
Hezekiah Sturges.
1853
William D. Babcock.
1854 Enos S. Halbert.
1855
1856
1857
Franeis Walker.
1858
Enos S. Halbert.
1859
1860
Jas. R. Blaekman.
1861.
John Troue.
¥
1862
Enos S. Halbert.
"
1863
.Geo. M. Hollis.
1864 Jus. R. Blackman.
1865
"
IS66
66
1867
"
1868
1869
J. R. Brewer.
1870
1871
1872
Henry D. Donaldson.
=
1873 HI. H. Wickes.
66
1875
John R. Brewer.
1876.
1877
44
G. O. Whiteomb.
The present town officers (1877) are as follows :
Supervisor .- John R. Brewer.
Town Clerk .- G. O. Whitcomb.
Justice of the Peace .- Alvin Powers.
Assessor .- Stephen Morse.
Commissioners of Highways. - L. T. Bushnell and Alonzo Hakes.
Overseer of the Poor .- John A. Bedient.
Inspectors of Election .- James K. Briggs, H. D. Don- aldson, William D. Babcock.
Collector .- Andrew J. Cowen.
Town Auditors .- Thomas A. White, J. R. Blackman, H. O. Gray.
Constables. - Jacob Wilbor, Richard Gage, Herbert Sergeant, A. J. Cowen, John Coon.
Game Constable .- C. Frank Bushners.
BUTTERNUTS LODGE, NO. 515, F. AND A. M.,
was chartered March 4, 1861, with the following members, viz., Elias Light, Hezekiah Sturges, Silas Caulkins, J. W. Still, Peter Brink, E. Brink, M. Brink, William C. Bentley, Daniel Knapp, J. W. Stranahan, John Light, and F. W. Edson.
The first officers were as follows : Elias Light, W. M .; J. W. Still, S. W .; P. Brink, J. W .; II. Sturges, Treas. ; W. C. Bentley, Sec. ; Rev. J. V. Hughes, Chap .; C. D. Spencer, S. D .; G. C. Bedient, J. D. ; G. Miller, Tyler.
John Bryant.
1830
Hiram Hume. Chauncey Moore.
J. C. Gorton. Torrey P. Luce.
Jonathan M. Lull.
Hiram Kinne.
Alfred A. Coye. Chauncey Moore. George Hollis.
William D. Babcock.
Horace M. Perry.
S. J. Brundige.
Nathan'l Stevenson.
Norman Randall. Humphrey Lyon.
Charles Myrick.
Warren D. Smith.
Geo. W. Lillie. John Blackınan.
Abner Wood. Charles Myrick.
¥
Town Clerks. Hezekiah Dayton.
16
66
"
Benajah Davis. Willard Coyc. Benajah Davis. Samuel Cotton. John Bryant.
1825.
Ansel C. Moore.
The following have served as Masters, Senior and Junior Wardens, from 1861 to the present time, viz., 1862, James E. Cook, W. M. ; C. D. Spencer, S. W .; Geo. C. Bedient, J. W. 1863, James E. Cook, W. M. ; C. D. Spencer, S. W .; Geo. C. Bedient, J. W. 1864, C. D. Spencer, M .; G. C. Bedient, S. W .; E. IL. Cobb, J. W. 1865, C. D. Spencer, M .; Geo. F. Graves, S. W .; E. C. Gilbert, J. W. 1866, Niles Scarles, M .; E. N. Cobb, S. W .; R. A. Stenson, J. W. 1867, Geo. F. Graves, M .; R. A. Stenson, S. W. ; H. O. Gray, J. W. 1868, R. A. Sten-
4€
¥
1874
RESIDENCE OF J. H. RAWLIN
AITERNUTS, OTSEGO CO., N. Y.
11.200
PHOTOS. BY W. R. SMITH, GILBERTSVILLE N Y.
John Af Rawlings Mrs & H Rawlings
JOHN H. RAWLINGS.
John H. Rawlings is a native of Burbage, Leicestershire Co., England, being born April 5, 1833. His father, Isaac H., was a native of the same county, and there married Miss Mary Munson. The family came to America in the ycar 1834, and settled in the town of Butternuts, Otsego County. Three years later they moved on to the farm now owned by John Rawlings.
Isaac H. Rawlings was a man of great force of character, very industrious, and withal a model farmer. He did much to raise the standard of agriculture in his neighborhood, and converted his farm from an inferior to a high state of productiveness. He was a regular attendant of the Presby- terian church. He died Aug. 8, 1870, highly respected by all who knew him.
Mrs. Rawlings survived her husband only a few weeks ; she died Nov. 7, 1870. She was a member of the Presby- terian church, and her death was deeply lamented by the community at large. The memory of these parents is Bacredly cherished by their only son, John II.
John HI. Rawlings is the only survivor of a family of four children, the others having died in infancy. He was one year old when his father emigrated to this country. His advantages for obtaining an education were such ouly as the common schools afforded. Being the only child to reach maturity, he remained with his parents upon the
farm, assuming control of the same many years prior to his father's decease.
Jan. 1, 1856, he married Miss Ann Beale, the daughter of William and Hannah Beale, who were also natives of Leicestershire Co., England. She was born March 9, 1826. When she was fifteen years of age her father, with his family, emigrated to the United States, and settled in the town of Butternuts. She was the eldest of a family of nine children, eight of whom are now living. She has resided in the town of Butternuts ever since her arrival in this country; but her parents subsequently removed to Chenango Co., N. Y.
Mr. Rawlings is a very enterprising farmer, and is ex- tensively engaged in the manufacture of butter and English cheese. His farm is considered one of the best in the town, being under a high state of cultivation. His buildings are commodious and convenient. A view of his beautiful home can be seen by referring to other pages in this work.
Mr. Rawlings has voted the Republican ticket since the organization of the party. He has contributed liberally of his means and time to the support of church and educa- tional interests. He is a man of undoubted integrity, and highly esteemed by his townsmen. Mr. and Mrs. Rawling: are withal very hospitable, and are apparently enjoying the comforts of a pleasant rural home.
HISTORY OF OTSEGO COUNTY, NEW YORK.
113
son, M .; H. O. Gray, S. W .; W. H. Thompson. J. W. 1869, Geo. C. Bedient, M .; C. B. Luce, S. W .; H. H. Wickes, J. W. 1870, Geo. C. Bedient, M .; L. G. Cor- nell, S. W .; O. E. Gardner, J. W. 1871, Geo. C. Bedi- ent, M .; L. G. Cornell, S. W .; F. S. Clinton, J. W. 1872, Geo. C. Bedient, M .; L. Cornell, S. W .; Joseph Winson, J. W. 1873, II. O. Gray, M. ; Win. H. Thomp- son, S. W .; R. M. Stenson, J. W. 1874, H. O. Gray, M .; Wm. II. Thompson, S. W .; R. M. Stenson, J. W. 1875-76, Geo. F. Graves, M .; N. S. Donaldson, S. W .; J. R. Woodland, J. W.
CHAPTER XXXIII.
TOWN OF BUTTERNUTS-Continued. Collegiate Institute and Churches.
THE GILBERTSVILLE ACADEMY AND COLLEGIATE INSTITUTE.
IN giving the history of the inception and growth of the Gilbertsville academy and collegiate institute we are led to inquire into the influences that resulted in the establish- ment of this institution.
The town of Butternuts has been noted for the excellence of its sehools, and its general interest in educational matters, from the time of its settlement, in about 1790. As early as the year 1817 it had an academy, a wooden building standing on the present site of the " marble-shop," and which was burned, and rebuilt of stone, as it now stands, by the individual liberality of Samuel Cotton, J. T. Gilbert, Edward Thorp, and John Brewer, by whom it was owned and controlled. Levi Collins was principal of this academy, and its success was largely due to his efficiency. The impetus given to the cause of education in this town by this able instructor, and by this academy, was a prominent factor in the choice of influences that eulminated in the founding of the Gilbertsville academy and collegiate insti- tute.
In the interval between the years 1828 and 1838 the project was constantly agitated, and finally took definite shape Oet. 18, 1830, when fifty-one men signed a paper, and agreed to pay the amounts signed opposite their names on that paper, provided two thousand five hundred dollars or over should be subscribed, the object stated in that paper being, "The building and endowing an academy in Gilbertsville, town of Butternuts, Otsego Co., N. Y."
€
The requisite amount of money having been subscribed, J. T. Gilbert, in addition to having subscribed one-fifth of this amount, gave to the institution the grounds upon which to locate, and later, built and added to this gift a house for the use of the principal.
.
The academy was immediately erected, and opened for scholars in the fall of 1840, under the charge of J. G. Truair as principal.
In a paper addressed to the board of regents, and bear- ing date Jan. 25, 1841, J. T. Gilbert, T. Benediet, E. Com- stock, J. Kellogg, E. Thorp, R. Morris, S. Shaw, L. E. Thorp, C. Donaldson, Wm. Shaw, J. Bryant, A. Convers,
J. Comstock. S. Marsh, A. Gilbert, S. C. Gilbert. and H. Kinne stated " that they contributed more than one-half in value of the real and personal property and estate col- lected or appropriated for the use of the academy," and made application that it might be incorporated ; the appli- cation was granted, and the charter was recorded May 17, 1841.
The first regent's report is dated Nov. 24, 1841, and re- ports a library of 184 volumes, and philosophical apparatus valued at $150.
About the year 1853 the citizens of the town made an effort to endow the institution with a fund. The sum of $2500 was raised, to which has since been added $600 by the bequest of Miss Betsey Prentice. This is all the endowment the institution has at the present time.
The academy is at present under the charge of Rev. A. Wood as principal. The citizens of the town may justly be proud of the record of their academy and the work that it has done. The influence it has exerted and is still exert- ing is too manifest to require any notice but that of indi- vidual observation. The work that it has done and is still doing vindicates the wisdom of its founders, and is the re- ward of their far-sighted public spirit.
The institution has made constant progress since its founding, and never merited the jealous eare of those in- terested in it more than it does to-day. The buildings and grounds have been improved from year to year, until at the present time they are in better condition than they have ever been before. The academy has always been one in which thorough work was done, and still maintains its reputation.
THE FIRST PRESBYTERIAN CHURCH OF GILBERTSVILLE.
The first meeting for the purpose of considering the feasibility of organizing a church at this place was held on May 2, 1797, of which Agar Nash was moderater and Timothy Donaldson scribe. The moderator was instructed to invite the Rev. Mr. Gilbert, of Ballston, to attend and organize a church. Accordingly, on Sept. 3, 1797, Mr. Gil- bert formed the church, consisting of nine male and twelve female members, as follows: Nathaniel Coyle and Bridget his wife, Samuel Shaw and Mary his wife, Timothy Don- aldson and Abigail his wife, Amos George and Betsey bis wife, Azar Nash and Rhoda his wife, William Shaw and Hannah his wife, William Shaw, Jr., and Lydia his wife. Edmund Petengill and Sarah his wife, Stephen Wood and Chloe his wife, Lydia Haines, Catherine Donaldson, and Elizabeth Shaw. These persons were all from New Fag- land, and the church was named the First Congregational church, of Butternuts. Strong Calvinistic articles of faith were drawn up-twenty-three in number-and sub-eribei to by all the members ; and Samuel Shaw was chosen den- con, and Timothy Donaldson scribe of the church. Note of the original members are now living. Mrs. AS_ 3 Shaw, the last one, died May 13, 1854, aged ninety -..!:. ..
The church was too feeble at first to enjoy a settled ! :-- torate, but was supplied at intervals by various minister. some of whom were missionaries preaching to neighboring churches. This was then missionary ground, and the church was indebted to home missionaries for an occasional
114
HISTORY OF OTSEGO COUNTY, NEW YORK.
supply ; but it does not appear that the church ever re- ceived missionary aid. Meetings were held in Timothy Donaldson's barn, and in a barn which is now standing on the Brewer farm. Previous to the organization of the church, there were occasional meetings in Abijah Gilbert's barn.
Among the ministers who supplied the church in those early years were Rev. Messrs. Stone, Woodward, Kirby, Gris- wold, Harrower, Williston, Brainerd, Chapman, and Bull. The latter was an eccentric Englishman, an old bachelor, celebrated for long prayers and for longer sermons. It was no unusual thing for him to occupy an hour in publie prayer, and still more time in preaching, his serions rang- ing freely through the entire Scriptures. On one occasion, he held a meeting in the Brewer barn, commencing in mid afternoon ; he did not cease preaching till it was so dark the last hymn could not be read without candle-light. Many years afterwards, he was calling upon Prof. White, of Union theological seminary. The doctor happened to be in a hurry that morning, so he said, " Brother Bull, will you lead us in a short prayer ?" "Pray yourself," replied the old man, bluntly, " and pray as short or as long as you please."
June 12, 1801. Reuben Cady and Amos George were chosen deacons, and Charles Thorp was elected to the same office in 1806. In September, 1805, the church united with the Susquehanna Congregational Association, then in session at Great Bend, Pa.
In about the year 1805 the first meeting-house was erected, across the valley, on a farin then owned by Timothy Donaldson, and now the premises of J. R. Blackman. It was quite an imposing structure for those days, being two stories high, with a deep gallery in the interior. It seems that the gallery was not completed on the day of dedication, and a ladder temporarily took the place of a flight of stairs leading to the upper auditory. The question arose how to get the ladies into the gallery by means of this ladder. It was then that the genius of Daniel Root, who was a car- penter, came to the rescue. At his suggestion, the ladder was nailed upon boards, and thus the ladies aseended with due propriety and gracefulness.
The pews were square, with high backs, and the pulpit was literally a work of high art. It was of a circular form perched upon a single pedestal, presenting the appearance of a vast goblet. This lofty throne was ascended by means of a back flight of stairs. Directly over the pulpit was a canopy, also circular, painted blue, containing the sounding- board,-the whole suspended from the ceiling by au iron rod. " Often have I thought when a child," said one of the members, " now if that rod should break and the canopy should fall, how nicely the minister would be boxed up." The house was provided with no means whatever for being warmed, but the women brought little foot-stoves and their big muffs, while the male portion of the congregation came clad in heavy " box coats," as they were then called. The singing in those days was good, as the Rockwells, the Huntingtons, the Morgans, the Halberts, and the Donald- sons constituted a choir then famed for its excellence.
June 5, 1808, Joseph T. Gilbert, afterwards known as Deacon Gilbert, united with the church, and on the 26th
of June, 1811, was elected deacon, and continued to serve in that capacity with great ability until his death, which occurred July 13, 1867.
At the same meeting, June 26, 1811, Samuel Com- stoek was chosen deacon ; and he also filled the office, with great usefulness and acceptance, until he died, June 10, 1840.
It is proper in this connection to make honorable mention of Mrs. Elizabeth Heslop, who joined the church in 1809. She was long known as one of the most active and con- sistent members. She was distinguished for force of char- aeter, piety, and liberality, giving in her last years nearly all her surplus income to benevolent objeets. She was, indeed, a mother in Israel,-one of the excellent of the earth. Mrs. Heslop left the communion of this church to join the church triumphant, March 24, 1846.
In the year 1808, Mr. Isaac Garvin, a heentiate of the Hampshire South Association, accepted a call, and on the 28th of September of that year he was ordained and in- stalled the first pastor of this church, by a council consist- ing of clerical and lay delegates from the churches of New Windsor, Jericho, Franklin, Hartwick, Burlington, and Oxford. The pastoral relation thus consummated was continued for twelve years,-the longest period any minis- ter has served the church,-and was productive of results at once the most happy and the most unhappy, as the sequel will show. It is not stated what salary Mr. Garvin received at first, but in 1815 the society voted to give him $150. For several years the church seems to have had rest and prosperity. The records are occupied principally with ae- counts of additions, infant baptisms, and cases of discipline. The discipline of the church must have been very thoroughly administered in those days, and, as Mr. Doubleday observes in his historieal sermon, " We must conclude that either those early days were much more fruitful in erime than the present, or that the church now is culpably negligent." .
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