Daily Richmond Whig

To the Editors of the Whig.

I herewith send you for publication the act of the Legislature of Rhode Island, incorporating the yearly meeting of the Society of Friends. The object of wishing this extraordinary and dangerous document published, is to expose to the People of the United States the danger of such corporate bodies to the political and religious liberties of the citizens, that a corporate body of this character should have its existence at an age when mankind have become more generally enlightened, and their minds expanded with liberal sentiments and increasing attachment to the republican Institutions of this country, is still more extraordinary.

There is something so remarkable and novel in this act of incorporation, as cannot fail to strike with astonishment every person at all acquainted with the history of the people, called Quakers, from their first existence, as a Society, to the date of founding this empire of religious wealth, under the specious colouring of benevolent, charitable, religious and other purposes. It is well known, that of all the people in Christendom, the Quakers have been the most zealous advocates for keeping the State and Church unconnected; and that religion should stand or fall upon its own merits; that the Society of Friends should be the first religious body to apply for and obtain an act of incorporation, embracing women and children in perpetual succession, with all the powers usually granted corporate bodies, to sue and be sued, &c., is to my mind, and must be to the mind of every reflecting man, a conviction of the great degeneracy from those pure, highly liberal, & sound republican principles maintained by Fox, Penn, and a host of others, for a hundred and forty years. Religious communities (as such) feeling the influence of wealth, under a liberal civil government, becomes the most dangerous institutions, to the happiness and prosperity of mankind, of all others existing in a country whose government is founded upon equal rights. There is a very remarkable fact in this act of incorporation, and one that exhibits much ingenious duplicity on the part of the knowing ones, wishing to be lords of the heritage, and that is, in guarding against alarming the more honest part of the Society, by not using the words usually expressed in charters, giving the incorporated the powers to sue and be sued, implead and be impleaded. By this sagacity, the bulk of the members, no doubt, were ignorant that Friends' Yearly Meeting could sue and be sued, because they were equally ignorant of the powers granted, in law and equity, to corporate bodies; yet the knowing ones were not disposed to dispense with having the power of doing all matter and things, not repugnant to the laws of the United States or the State of Rhode Island: and therefore use the technicalities of law, to keep in darkness those whose honesty would have revolved at the idea of being dragged before the civil authority of the state by any member, that might think proper so to do, from an imaginary or real cause. Suppose for instance there should be a war, and some of the members should take up arms in defence of the very property secured by this charter, their act would be in conformity with the laws of the U. States and the State of Rhode Island—would not the society, in maintaining their peaceable principles, against War disown those thus violating the discipline? I should suppose they certainly would: then the Members so disowned would have a real cause of complaint, by being disfranchised from participating in the advantages, of educating their children upon free cost, as well as other interest they may have in the funds. It is more than presumable that they would cite the Yearly Meeting to appear before the civil authority, to show cause why those disowned persons have been prejudiced in their rights by the meeting, for complying with the laws of the land: thus, in every case of disownment, for complying with the laws of the United States, of the State of Rhode Island, the once peaceable Quakers, always opposed to wars, to law suits and litigations of any kind, would show a new and novel scene, exhibiting to the world another fact to the many recorded in history, of the incompatibility of great wealth, legal influence, and vital religion, harmoniously progressing together. There are many other cases which might be stated, showing the evil likely to grow out of this charter, to the body politic itself; but, presuming I have said enough to satisfy every reflecting mind of the danger there is in giving such power and opulence to any religious sect, or any power whatever, beyond that necessary to exist in a civil character only, I have answered my object in addressing you.

In General Assembly, October Session, A. D. 1823.
An act to authorise and enable the Yearly Meeting of Friends of New England to receive, hold, manage, appropriate, and dispose of, property for charitable, and benevolent, and other purposes:

Sect. 1st.—Be it enacted by the General Assembly, and by the authority thereof, it is enacted, that Moses Brown, and others together, with the other members, of the Yearly Meeting of Friends of New England, who with their predecessors for more than a century past have usually held their general annual meeting in New Port in this State, be and they are hereby invested with the power usually given to corporate bodies, for the holders receiving, managing, disposing, and appropriating, real and personal estate, for charitable and benevolent, and other uses, by the name of the Yearly Meeting of Friends for New England, and that they and their successors being admitted and approved as members of the said yearly meeting, according to their usual order and discipline, shall by the name of the Yearly Meeting of Friends for New England, aforesaid, have perpetual succession, and be able and capable in law to receive, hold, and enjoy, by purchase, devise, gift, or otherwise, land tenements and hereditaments, goods and chattels, estates and property of every kind, provided the net income thereof shall not in any one year exceed the sum of thirty thousand dollars, of which they shall stand seized and possessed, notwithstanding any misnomer, or imperfect description in the gift, grant, or other transfer, and conveyance thereof, provided the intent be evident, the said Yearly Meeting shall take the same to use, manage, improve, or otherwise dispose of, as their will and pleasure, and establish all such rules and regulations relative to the management of the said property as they may deem expedient, provided the same are not repugnant to the laws of the United States, and this State, and generally to do and perform all acts, matters and things, relative to the purpose aforesaid, that a corporate body could by law have power to do and perform, provided, nevertheless, that in every case in which any donation of any kind has been made to the said Yearly Meeting of Friends, for New England, in trust, or for any particular object or purpose, the interests of the donor shall be forever regarded, and the donation shall be forever used, employed, and appropriated to the full and faithful execution of the trusts and the object and purpose of the donation, according to the true intent and meaning of the donor thereof.

Sec. 2.—And be it further enacted, That whenever said Yearly Meeting of Friends for New England, at their annual or other meeting, held at such times and places as they may judge convenient, shall appoint a clerk, secretary, treasurer, trustees, committees, and other officers or agents, for any length of time they may deem expedient, to act for them or in their behalf. The clerk or secretary, treasurer, trustees, committees, and other officers, and all agents which they shall or may appoint in their usual way and manner of appointing them, shall be considered and deemed to be their officers and agents enumerated and designated in this act.

Sec. 3.—And whereas certain devises, bequests, and donations, real and personal estates and annuities, have heretofore been made and given by different persons, more especially by the late Obadiah Brown, dec'd, in and by his last will and testament and codicil thereto, and also by Silvester Wicks, Thomas Folsome, and Lydia Tillinghast, in their last will and testaments, to and for the use and benefit of the poor of the Yearly Meeting of Friends, or to their Committee of Sufferings, of said Yearly Meeting, or to their Treasurer of the Yearly Meeting School Committee, or to the Treasurer of the School Fund, in trust for the use and benefit of said Yearly Meeting Boarding School, being a school under the government and patronage of the said Yearly Meeting of Friends. Reference being had to the respective wills and codicils of the late Obadiah Brown, Silvester Wickes, Thomas Folsome, and Lydia Tillinghast for a more particular description of the devises, bequests, donations, and annuities. Be it therefore enacted, by the authority aforesaid, shall and singular the devises, bequest, donations, and annuities aforesaid, principal, income and interest, are hereby declared to be charities and devises, bequests, donations and annuities, and to charitable uses; and that as such, they be holden, used, managed, improved and appropriated to the objects and purposes expressed by the respective benefactors and donors thereof, according to their true intent and meaning.

Sec. 4.—And be it further enacted, that all the estate and property of every kind, now holden and belonging to the said Yearly Meeting of Friends for New England, either for their own use, or in trust, is hereby secured & confirmed unto them the said Yearly Meeting of Friends for New England and to their successors, in the capacity in which they stand by virtue of this act and they are hereby authorized and empowered to hold and enjoy, and manage and otherwise dispose of all the estate and property belonging to the said Yearly Meeting of Friends in their own right or according to the provisions of the trust.

Sec. 5.—And be it further enacted, that the said Yearly Meeting of Friends for New England, be, & they are hereby authorized and empowered by virtue of this act to demand, take, hold, use, and manage all estates and property, aid all bequests and devises, donations, and annuities, principal, income and interest, given to, and for the use of the said Yearly Meetings, Boarding Schools, to the said Yearly Meeting of Friends, or to the Treasurer appointed by the Meeting of Sufferings, of the said Yearly Meeting, or to the Yearly Meetings School committee—or the Treasurer of the Yearly Meeting's School Funds, or which are made and given subject to the direction and control of the said Yearly Meeting of Friends or to their School Committee or the Committee for Sufferings of the said Yearly Meeting of Friends or to the Treasurer of the Yearly Meeting of Friends' School, or to any other person or persons in whatever capacity in trust for the use and benefit of any literary, moral or religious institution, of the said Yearly Meeting of Friends, or under their care and patronage, and especially the devises, bequest, donation, and annuities, principal, income, and interest, given as before herein stated by Obadiah Brown, Tho. Folsome, Lydia Tillinghast, and Sylvester Wicks all and singular of which, the said estates and property, devises, bequests, donations and annuities, principal, income and interest, are hereby secured and confirmed to the said Yearly Meeting of Friends for New England, in the capacity in which they stand, by this act, to be by them taken, holden, manage, improve, and appropriate to the faithful execution of this trust, and to the object and purpose for which the same were given according to the true intent and meaning of the benefactors and donors thereof, and the same aforesaid, Yearly Meeting of Friends for New England, are hereby authorized & empowered to bargain, contract, and compromise for, and respecting all and singular, the estates and property, devises, bequest, donations and annuities, in the section mentioned with the person or persons having the possession, control and management thereof, and it shall be lawful for and moreover the duty of all, and every person or persons, now having, or who may hereafter have, the control, possession, or management of any such estates and property, devises, bequest, donations and annuities, whether they have the possession, control, aid management thereof as trustees, executors or administrators, or in whatever capacity, they have the same, by good and sufficient deeds, to transfer, assign and deliver to the said Yearly Meeting of Friends, for New England, in their capacity as aforesaid, all and singular said estates, and property, bequests, devises, donations and annuities, principal, income and interest, or the amount and value of the same, as may be agreed, contracted, or compromised for them, said Yearly Meeting of Friends, for New England, and in particular, the agreement or compromise already made between the executors of the said Obadiah Brown, and the said Yearly Meeting of Friends, for New England; whereby the said Yearly Meeting have agreed to receive fifty thousand dollars, as principal or funds in lieu of the annuity of three thousand dollars which, by the last will and testament of the said Obadiah Brown, is to be paid annually, after one year from the time of his decease, for the use and benefit of the said Yearly Meeting's boarding-school: and also the agreement or compromise, by which the said Yearly Meeting is to receive one other sum of fifty thousand dollars, as a principal or fund, at the decease of Doreas Brown, widow of the said Obadiah Brown, in lieu of an annuity of three thousand dollars which, at her decease, accrues, and by the aforesaid last will and testament of the said Obadiah Brown, is to be paid for the use and benefit of the said Yearly Meeting's boarding school, are hereby confirmed by this act; and the person or persons, so transferring, assigning, and delivering to the said Yearly Meeting of Friends, for New England, hereby authorized to receive the same, shall thereupon and thereafter, be exonerated and discharged from their trusteeship and from all manner of liability and accountability, for the said estates and property, devises, bequest, donations and annuities, principal income and interest, to intents and purposes whatsoever, and the rest and residue and remainder of the estates and property of the said Obadiah Brown, Sylvester Wicks, Thos. Folsome and Lydia Tillinghast, and of all, and every benefactor and donor, which now is, or may hereafter be, held by executors, administrators, legatees, trustees, or heirs, he shall also be exonerated & discharged from all liability, or accountability, therefor; and the said Yearly Meeting, thus qualified shall thereupon become seized and possessed of said trust estates, or property, devises, bequests, donations and annuities, aforesaid principal, income and interest, in trust, and they are hereby declared trustees thereof, to hold, manage, improve and appropriate the same to the faithful execution of the trust and the objects and purposes, for which the same was devised and given, according to the true intent and meaning of the benefactors and donors thereof, and shall be accountable for the same, and for the faithful use, management, and appropriation thereof, in law and equity.

Sec. 6.—And be it further enacted. That the said Yearly Meeting of Friends for New England, hereby authorised, may vest in a Clerk or Secretary, Treasurer, Trustee, Committees, or other officers or agents which it may appoint from time to time, power and authority to manage and improve the estates and funds in the possession of the said Yearly Meeting of Friends, for the use and benefit of literary, moral, and religious institutions, according to the direction given to them by the said Yearly Meeting of Friends, for the use and benefit of literary, moral, and religious institutions, according to the directions given them by the said Yearly Meeting, and subject always to such rules and regulations as the said Yearly Meeting in their usual mode of transacting their business, may establish.

Sec. 7.—And whereas there are lands, property, and estates, belonging to the monthly and other subordinate meetings of Friends, which composed a part of the Yearly Meeting of Friends for New England, which said Yearly Meeting do not claim property in, it is therefore hereby further enacted and declared, that it is not the intent or meaning of this act, that the government, power, or authority of the said Yearly Meeting should extend over any such property, any further, or more than was vested before in the said Yearly Meeting, according to their order and discipline heretofore established by the said Yearly Meeting.

Sec. 8.—And be it further enacted, That nothing in this act shall impair, or alter, or in any measure affect any of the usages, customs, orders, modes, and rules of discipline used and practised by the said Yearly Meeting of Friends, or in their Committee (or meeting) for Sufferings or other subordinate branches of the said Yearly Meeting of Friends, touching their religious concerns, all which usages, customs, modes, orders, rules and discipline, are reserved to them in the same way and manner, and with the same effect as though this act had not been passed.