USA > Pennsylvania > Dauphin County > Harrisburg > Centennial memorial, English Presbyterian congregation, Harrisburg, Pa. > Part 27
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THE CHARTER OF THE CORPORATION.
To all whom these presents may come : know ye, that we, whose names are hereunto subscribed, citizens of the Commonwealth of Pennsylvania, having associated together for the purpose of worship- ing Almighty God, agreeably to the gospel of our Saviour, Jesus Christ, and desirous of acquiring the powers and immunities of a body politie in law according to the form of an act of the General Assembly of the said Commonwealth, passed the sixth day of April, Anno Domini, one thousand seven hundred and ninety-one, do hereby declare that we have associated ourselves together for the purpose aforesaid, by the name, style and title, and under the articles and conditions following, that is to say :
ARTICLE I. The name, style and title shall be THE ENGLISH PRESBYTERIAN CONGREGATION OF HARRISBURG.
ARTICLE II. The subseribers and such others being citizens of the said Commonwealth as shall hereafter become members of the said congregation, and who maintain and adhere to the system of religious principles declared and exhibited by the General Assembly of the Presbyterian Church in the United States, shall become and be a corporation and body politie in law and fact to have countenance by the name, style and title of the English Presbyterian Congregation of Harrisburg.
ARTICLE III. The subscribers and their successors respectively shall have full power and authority to make, have and use one common seal with such device and inscription as they shall respectively deem proper, and the same to break, alter and renew at their pleasure, and by the name, style and title by them respectively provided and de- clared as aforesaid, shall be capable in law to sue and be sued, plead and be impleaded in any court or courts before any judge or justices in all manner of suits, complaints, pleas, causes, matters and demands whatsoever, and all and every matter or thing therein to do in as full and effectual a manner as any other person or persons, bodies politie and corporate within this Commonwealth may or can do, and shall be authorized and empowered, and they are hereby respectively authorized and empowered to make rules, by-laws and ordinances and to do everything needful for the good government and support of the affairs of the said corporation ; Provided, always, The said by-laws, rules and ordinances, or any of them, be not repugnant
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to the Constitution and laws of the United States, to the Constitu- tion and laws of this Commonwealth, or to this instrument upon which the present association is founded.
ARTICLE IV. The subscribers and their successors respectively by the name, style and title declared as aforesaid shall be able and capa- ble in law according to the terms and conditions of this instrument, to take, receive and hold all and all manner of lands, tenements, rents, annuities, franchises and hereditaments and any sum or sums of money and any manner or portion of goods and chattels given and bequeathed unto them to be employed and disposed of according to the objects, articles and conditions of this instrument or according to the articles and by-laws of this corporation or of the will and inten- tions of the donors: Provided always, nevertheless, That the clear yearly value or income of the messages, houses, lands and tene- ments, rents, annuities or other hereditaments and real estate of this corporation, and the interest of money lent shall not exceed the sum of five hundred pounds.
ARTICLE V. A board of trustees consisting of seven members (four of whom shall be recognized by the Church Session as being in full communion with the church) shall be chosen by ballot in church on the first Monday of January next, of which previous notice shall be given two weeks from the pulpit : and until trustees shall be elected in virtue of this instrument. the temporal affairs of the congregation shall be managed as heretofore.
ARTICLE VI. The persons capable of voting at the election of trus- tous and at all other election- shall be pew holders and shall possess at least one half a pew in the church which has been in his or her occupancy one year, at least, previous to the election (except that the five large pews occupied as aforesaid shall be entitled to four votes. provided so many persons occupy them as are otherwise qualified to vote ; Provided, nevertheless. That no one shall be permitted to vote at any election whose pew rent shall be six months in arrears and unpaid.
ARTICLE VII. The trustees shall meet on the first Monday after their election (four of whom shall be a quorum) and afterwards as often as business shall require. They shall choose from their own number a President, Secretary and Treasurer.
ARTICLE VIII. The power of the board of trustees shall extend to making by-laws for their own government and that of the temporal concerns of the church, such as providing regulations and keeping in repair a burial ground, providing and keeping in repair a house of worship, renting pews and collecting pew rents, receiving and paying all debts due to er by the congregation, employing, paying and dis-
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missing a sexton, fixing and paying the salary of a clerk, but they shall be chosen by the Session. The trustees shall not have power to alien the real estate of the congregation or to expend more than three hundred dollars without the consent and approbation of a ma- jority of the congregation.
ARTICLE IX. Meetings of the trustees may be called at any time by the president, or at the request of two members.
ARTICLE X. Congregational meetings may be called by the trustees or at the request of six pew holders, of which at least three days pre- vious notice shall be given.
ARTICLE XI. The trustees shall lay before the congregation at each annual election a full account of all the transactions of the past year.
ARTICLE XII. The choice and salary of a pastor shall be determined by a majority of the congregation entitled to vote.
ARTICLE XIII. In case of a vacancy in the board of trustees the President shall call a meeting of the congregation (on one week's notice from the pulpit) to fill the vacancy.
ARTICLE XIV. The trustees at the first meeting after their elee- tion shall divide themselves into three classes, two of which shall consist of two members each and the third of three; the first class shall continue for one year, the second for two, and the third for three years. An election by ballot shall be held annually on the first Monday of January in church to fill the vacancies respectively in rotation, of which previous notice shall be given two Sabbaths from the pulpit.
ADOPTED October 5th, 1818.
John Stoner, Thomas Smith,
Ira Woodworth,
Joseph A. MeJimsey, Geo. Bryan,
Jno. Fisher,
Isaac Meguier,
Robt. Harris,
Rachel Awl,
William Murray,
Sarah Mooney,
James Emerson,
Robert Sloan,
Hester Hall,
P. C. Nabb,
Hugh Hamilton,
Richd. M. Crain,
William Graydon. Samuel Agnew,
Henry McKenney,
J. Wallace, Hillary B Talbot.
James Sayers,
Warum Holbrook,
James S. Espy,
Elizabeth Elder,
Moses Swan, A. S. Dearmond,
John. Neilson,
Charles Hinckley,
A. M. Piper, Jno. Frazer, James Roberts,
James Trimble,
J. W. Buffington, James Alricks, John McChesney,
Moses Gillmor, Tho. Walker,
W. N. Irvine,
John Woodward,
James R. Boyd, George Whitehill,
Win. Shannon, Robert Dickey,
William Armstrong,
Mord. Mckinney,
H. Antes,
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Samuel Sees, Joseph Smullen,
William Michael,
Gilbert Burnett,
Mary Hanna,
Sarah Barr,
Rebecca Orth,
Thomas Whiteside,
Eleanor M. Wallace,
Samuel Weir,
Frs. R. Shunk,
Joshua Elder,
Andrew Mitchel,
Rt. MeElwee,
John B. Thompson,
William Allison,
Rose Wright,
Nancy Anthony.
Abiathar Hopkins,
James Peacock,
J. Kearsley, Mary B. Potts,
J. Montgomery.
I certify that I have perused and examined the within instrument and association, and am of opinion that the objects, articles and con- ditions therein set forth and contained are lawful.
AMOS ELLMAKER.
HARRISBURG, November 16, 1818.
We, the Justices of the Supreme Court of Pennsylvania, do certify, that having examined and perused the foregoing instrument of writ- ing, we coneur in opinion with the Attorney General that the objects, articles and conditions therein set forth and contained are lawful. Witness our hands the 14th day of December, Anno Domini, 1818. WILLIAM TILGHMAN, JOHN B. GIBSON, THOMAS DUNCAN.
Fee $1, charged by Judge Gibson.
PENNSYLVANIA, SS :
In the Name and by the Authority of the Commonwealth of Pensyl- iunile.
WILLIAM FINDLAY, Governor of the said Commonwealth.
To Thomas Sergeant, Esquire, Secretary of the said Commonwealth. Sends greeting .
WHEREAS, It has been duly certified to me by Amos Ellmaker, Esquire, Attorney General of the said Commonwealth, and by William Tilghman, Esq., Chief Justice, and John B. Gibson and Thomas Duncan, Esquires, Associate Judges of the Supreme Courts of Penn- sylvania, that they have respectively perused and examined the annexed act or instrument for the incorporation of, "The English Presbyterian Congregation of Harrisburg," and that they concur in opinion, that the objects, articles and conditions therein set forth and contained are lawful : now know you, that in pursuance of an act of the General Assembly, passed the sixth day of April, in the year of our Lord one thousand seven hundred and ninety-one, entitled, "An act to confer on certain associations of the citizens of this Common-
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The Charter of the Corporation. 405
wealth, the powers and immunities of corporation or bodies politic in law," I have transmitted the said aet, or instrument of incorporation unto you, the said Thomas Sergeant, Secretary as aforesaid, hereby requiring you to enroll the same at the expense of the applicants, to the intent that, according to the objeets, articles and conditions therein set forth and contained, the parties may become and be a corporation and body politic in law and in fact, to have continuance by the name, style and title, in the said instrument provided and de- clared.
Given under my hand and the great seal of the State, at Harris- burg, the fourth day of January, one thousand eight hundred and nineteen, and of the Commonwealth the forty-third.
BY THE GOVERNOR.
THOMAS SERGEANT, Secretary. SECRETARY'S OFFICE, January 4th, 1819.
Enrolled in charter book, No. 2, page 523, containing a record of acts, incorporating sundry religious, charitable and literary societies.
Witness my hand and the lesser seal of the State at Harrisburg, the day and year above written.
THOMAS SERGEANT, Secretary.
Note IV. on page 243.
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ACTION OF THE CONGREGATION IN 1838 .*
The following proceedings took place at a congregational meeting of the Presbyterian Church of Harrisburg, July 2d, 1838. The meeting was held in consequence of a recommendation to that effect, made by the Session and Board of Trustees conjointly, and which had been read by the pastor of the church from the pulpit on Sunday, the first of July, 1838. The proceedings of the Session and the Board of Trustees embodying this recommendation, it was thought proper to introduce into the minutes of the congregational meeting of July 20, 1838, and it is believed they are nowhere else preserved. This copy of these proceedings is taken from a copy carefully examined, com- pared and attested by Charles C. Rawn, one of the secretaries of the meeting.
The pastor of the English Presbyterian Church and congregation of Harrisburg, read from the pulpit on Sunday, the first day of July, 1838, the following statement :
Harrisburg, June 13th, 1838, the Session and Trustees of the English Presbyterian Church on invitation of the Session met in the lecture-room of the church for the purpose of mutual consultation in reference to the ecclesiastical relations of the church with which they are connected. President William R. De Witt, Moderator of the Session : William Graydon. John Neilson. Alexander Graydon and. Alexander Sloan. members of the Session; Robert Harris, William Allison, Gilbert Burnet, Mordecai MeKinney and James R. Boyd, trustees. The meeting was opened with prayer. After some consultation Herman Alrieks, Alexander Graydon and William R. De Witt were appointed a commitee to take into consideration the subject of the ecclesiastical relations of the English Presbyterian Church of Harrisburg, Pa., whether any, and if any, what action in reference to the relations shall be recommended to the church and congregation. Adjourned.
June 30th, 1838. The Session and Trustees met in the lecture-room of the church. Present, William R. De Witt, William Graydon, John Neilson, Alexander Sloan, Alexander Graydon and J. W. Weir, members of the Session ; Robert Harris, William Allison, Herman Alrieks, Gilbert Burnett, James R. Boyd, Mordecai MeKinney and
* This is taken from a document in the hand-writing of Dr. DeWitt, which is pre- served in the archives of the church .-- EDITOR.
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Action of the Congregation.
John A. Weir, Trustees. The meeting was opened with prayer. Rev. William R. De Witt was appointed Moderator and J. W. Weir Secretary. The minutes of the last meeting were read.
The committee to whom was referred the subject of the ecclesias- tical relations of the English Presbyterian Church, Harrisburg, Pa., and whether any, and if any, what action by the said Church should be recommended report : That in consequence of the Commissioners chosen to represent the Presbyteries of the General Assembly of the Presbyterian Church in the United States of America, appointed to meet in the Seventh Presbyterian church, Philadelphia, Thursday, May 17th, 1838, having separated and organized two bodies, each claiming to be the General Assembly of the Presbyterian Church in the United States of America, and claiming the right to exercise, as such, ecclesiastical jurisdiction over all the subordinate judica- tories and churches in connection with the said General Assembly ; it seems important and necessary that this Church should either decline the ecclesiastical jurisdiction of both bodies, and all the sub- ordinate judicatories that adhere to them or declare to which body they adhere and submit to as the General Assembly. That although the ecclesiastical relations of the Church can effect only the mem- bers in full communion with the Church, and although it has been the practice of Churches of Pennsylvania to submit all questions involving their ecclesiastical relations to her members in full com- munion, yet as the pew-holders may feel interested in the question, and as it is desirable to continue and promote by every possible means the harmony which has so long distinguished this congre- gation, it be recommended that all the members of this Church recognized by the Session to be in full communion together with all the pew-holders assemble on Monday evening, July 2d, at half-past. seven o'clock in the church, for the purpose of deciding on their future ecclesiastical relations.
In pursuance to the foregoing the said congregation assembled in the Presbyterian church in the borough of Harrisburg, Monday even- ing, July 2d, 1838, at 7:30 o'clock, and organized the meeting by calling Robert Harris to the chair and appointing James W. Weir and Charles C. Rawn Secretaries.
On motion it was agreed that the Rev. William R. De Witt, Pastor of the congregation, open the meeting with prayer, which was done.
On motion it was agreed that the proceeding of the Church Session and Board of Trustees as above in part should be read. Whereupon the same was read with the further proceedings of the said Session and Board of Trustees following, to wit :
" That when thus assembled the Pastor of the Church be desired to
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Centennial Memorial.
invoke the divine blessing upon the deliberations and actions, and also to give a brief statement of the facts which render some action on the part of this Church necessary. That he then state that the Session and Trustees conjointly have had this subject under- serious deliberations, and have concluded to propose the three following resolutions to be offered and acted upon by the meeting in the order in which they shall be read, and to recommend and urge an acqui- escence in whichever of the resolutions shall be adopted by a majority of the meeting.
WHEREAS, The Commissioners chosen by the different Presby- teries to represent them in the General Assembly of the Presbyterian Church in the United States of America, appointed to meet in the Seventh Presbyterian church, of Philadelphia, on the seventeenth of May; 1838, separated and constituted two bodies each claiming to be the General Assembly of the Presbyterian Church in the United States of America, and also claiming jurisdiction over the subordinate judicatories and Churches connected with the said General Assembly; wherefore,
1. Resolved, That this church and congregation recognize and acknowledge as the General Assembly of the Presbyterian Church in the United States of America the body composed of commis- sioners from the Presbyteries which assembled in the Seventh Presbyterian Church and organized by electing Rev. William Phimer, of Virginia, Moderator, and Elias W. Crane, Temporary Clerk, and which continued their sessions in said church until their final adjourn- ment, June, 1838.
2. Resolved, That this church and congregation recognize and acknowledge as the General Assembly of the Presbyterian Church in the United States of America the body composed of commissioners from Presbyteries which, assembled, in the Seventh Presbyterian Church of Philadelphia May 17th, 1838, and organized by electing Samnel Fisher, D. D., Moderator; Erskine Mason, D. D., Stated Clerk ; E. Gilbert Permanent Clerk, and John W. Blatchford. Tem- porary Clerk, and after that adjourned to meet in the First Presby- erian Church, Philadelphia, where they continued their Sessions until their final adjournment, June, 1838.
3. Resolved, That the English Presbyterian Church in Harrisburg, Pa., deeline the jurisdiction of either body, and also the jurisdiction of all subordinate judicatories, which are or may be organized, and which may claim in virtue of the former ceclesiastical relations of this church the right to exercise jurisdiction over it."
The Rev. W. R. De Witt, pastor of the congregation then proceeded to make a detailed statement of the proceedings of the Genera
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Assembly of the Presbyterian Church of 1837, referring at large to the alleged eauses leading thereto, to the plan of union formed in 1801, and to such matters connected with the whole subject as were calculated to possess the meeting with a more perfect knowledge of the business and duties it had been assembled to attend. He also very feelingly referred to the long and affectionate relations of nineteen years and more that had subsisted between him and his congregation, during which time he had received only accumulating evidence of the kindest regard and esteem from them. He stated a continuation of the harmony and Christian fellowship, which had during all the time of his ministrations among them so peculiarly and unprecedently distinguished their intercourse as a church, congregation and people, was to him an object so desirable that he would sacrifice his personal feelings and wishes (without compromising principle) rather than interpose any obstacles thereto. And that should the congregation decide by a reasonable unanimity to acknowledge the jurisdiction of that body as the General Assembly which organized in Philadelphia on the 17th of May, 1838, by electing the Rev. William Plumer, Mod- erator he should most cheerfully acquiesce in such a decision and unanimity, though it would compel him to withdraw from their pas- toral charge and oversight, and tear himself from friendships and places consecrated by ties strong and lasting as the affections of his nature, as he had ever regarded the acts of the Assembly of 1837 in the excision of the four Synods and the proceedings which had grown out. of them as unconstitutional, unjust, unkind, and could perceive no reasons for changing his opinions. He also further stated that should they similarly decide to acknowledge the jurisdiction of that body as the General Assembly of the Presbyterian Church, which organ- ized in Philadelphia on the 17th of May, 1838, by electing Samuel Fisher Moderator, or decline the jurisdiction of either or both of said bodies and all subordinate indicatories which adhered to them or either of them he would continue with great satisfaction to minister to them in the pastoral office. After Me. DeWitt had closed his remarks, C. C. Rawn moved that the general rules for judicatories found in an appendix to a book containing the Confession of Faith of the Presbyterian Church in the United States of America be adopted so far as applicable for the regulation of the proceedings of this meeting.
William MeClure moved to postpone said motion, which was agreed to, and the said rules were not adopted. John M. Poster then moved the adoption of the following preamble and resolutions :
WHEREAS, This meeting of the English Presbyterian congregation of Harrisburg and members of the church in communion with the same, sincerely regret that dissension prevails in the General Assem-
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Centennial Memorial.
bly of the Presbyterian church in the United States, to such an extent that that once united and respected judicatory of our church has sep- arated itself into two distinct bodies, each claiming to be the rightful and legal General Assembly, and appealed to the laws of the land for a decision of their respective claims to that character ; and,
Whereas, During the pending of that appeal it would be as inde- corous in this meeting, as it is foreign from their intention, to volun- teer any expression of opinion on the merits of the legal controversy ; but in the meantime this meeting has the right, which it may exer- eise without disrespect to any tribunal, legal or ecclesiastical, to indi- - cate their future course in matters connected with that controversy, over which neither tribunal has any absolute or binding control ; and,
Whereas, The congregation and church, composed of the members of this meeting, have now, for the long period of twenty years, had for their pastor one endeared to us all by many considerations, one whom we admire for his talents, confide in for his integrity, love for his virtues and revere for his piety, such a connection pleasant and happy as we know it to have been in times past, and which we see no just reason to apprehend will be less so for the future, we cannot and will not, on our part, voluntarily sever, as the condition on which we may be connected with or continue by any church judicatory what- ever ; therefore,
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Resolved, That we will not consent to any acknowledgment of the ecclesiastical jurisdiction of either party, now claiming to be the . General Assembly of the Presbyterian church in the United States, nor to any connection of the church and congregation, with any Pres- bytery or church judieatory, which shall exact as the condition of such acknowledgment or connection, a dissolution of the subsisting relation between us and our pastor, the Rev. William R. De Witt.
Charles C. Rawn moved to postpone the consideration of the pre- amble and resolution, offered by Mr. Foster, for the purpose of intro- ducing the following preamble and resolution :
WHEREAS, It is absolutely necessary that the government of the church be under some definite form ; and,
Whereas, We hold it to be expedient and agreeable to the Scripture and the practice of the primitive Christians that the church be gov- erned by congregational, Presbyterial, Synodical and General Assem- blies ; therefore,
Resolved, That we will as a church anxiously avoid any action cal- eulated to destroy or impair the regular legitimate succession of such ecclesiastical tribunals :
Resolved, That no official joint meeting of the Church Session and Board of Trustees as such for the church is recognized by or known to the Form of Goverment and Discipline of the Presbyterian Church:
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Action of the Congregation.
Resolved, Therefore, that this congregational meeting possesses no other or greater authority by virtue of the particular recommenda- tions causing it, than any other voluntary assemblage of the mem- bers of said congregation after request or notice for that purpose ;
Resolved, That it is now unnecessary and inexpedient, if not wholly unauthorized by the forms of the Presbyterian Church government and discipline for this congregation to assume the de- cision of the question proposed for its consideration and action :
Resolved, That the Session of this church is the regularly consti- tuted tribunal to deliberate and decide upon ecclesiastical relations, and that we do most cheerfully confide in the body we have so con- stituted for a regular decision at proper and expedient time of those questions now presented and all others requiring its action.
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