and reverend client, whose evidence is our text, has set us a good example of moderation and gentleness, which with due allowance for my humour, I will endeavour to follow. That the majority of the inhabitants and citizens of this state, were protestants when the constitution was formed, I do not dispute. But in establishing a constitutional code, different from that of England, they did nothing but unshackle themselves and the catholics together. I have read the case of a long and angry persecution of two Dutch calvinist clergymen in this very city, under the acts of conformity and uniformity, and for that I refer the gentleman to Smith's history of NewYork, where it is fully detailed. But I will tell him further that if he should prevail so far as to do away the strong and wholesome provision of our constitution, he might himself that instant become a member not of a protestant, but of a catholic country. For when Lord Kenyon in Dubarre's case observed, the catholic religion is not now known to the laws of England, it was because the statute books had established another in its place. But all English statutes are abrogated in this state, and I should be glad to know what else prevents the catholic religion from being the common law of this land, as it was of England before those statutes? We know that it was the common law, and that the fathers of the law as well as the fathers of the church, were catholics! Alfred and Edward, Briton, Bracton, Glanvill, Heugham, the authors of the Mirror and Fleta, and many more such, were all catholics; and to crown the list, the revered Sir Thomas Moore, at once both witty, wise and great, the patron of judges, the elegant correspondent of Erasmus, lost his head.

upon the block, for adhering to his religion, and opposing the lust of a King.

But let no man be alarmed. We claim no supremaey. We seek nothing but pure and perfect equality. From the bottom of our hearts we sincerely tolerate you all. We will lay hands on none of you, for your worship or profession; and for ourselves, we claim neither more nor less. Hands off on all sides. And if any of you are aggrieved we will invoke the constitution in your favour, as we do in our own. We will join with all good citizens in loving, respecting, and defending it. For it is our own. If the protestant dissenters, as the English term goes, are not so foolish, so neither are we so simple, as not to know the difference between the toleration act of England and the toleration of the constitution of New-York. The one may ease the load, but the other takes it off. The former is from one

latter is a compact be

set of subjects to another; the
tween freemen. Let us have our rights to-day, that
when it falls to our turn to judge, as it may to morrow,
we may know of "no preference or discrimination.'
Every citizen here is in his own country. To the pro-
testant it is a protestant country; to the catholic, a ca-
tholic country; and the jew, if he pleases, may es-
tablish in it his New Jerusalem. Not only so, but this
very plank upon which I stand, as long as I continue to
occupy it in arguing this cause, is my catholic plank;
and if this gentleman be a calvinist, that, he stands
upon, is his calvinist plank. These sayings are home-
ly! No matter; they are plain. I wish to be plain;
very plain-past all mistaking. As I am a friend to
catholics, I would not have them vexed; were I their

1

enemy, and thought them dangerous, I should not give them such advantage.

As to this idea of danger to the state, from the secreoy enjoined on the confessor by the catholic church, it is quite strange at this time of day, to call it in question, as dangerous to any state, seeing it has existed since. christianity, under all the various forms and modulations of civilized society. Indeed, if this tenet could be assailed upon the pretence of danger, there is no part of the catholic religion that could stand; for it is that one of all their sacraments, that never has been attacked upon such score by the sharpest assailants; and those who have spared no other have been tender of this.In a collection of German writings, by Martin Luther, p. 273, that author pronounces in its favour so strongly as this, "that he would rather fall back under the papal tyranny than have it abolished."

* The protestant ministers of Strasburg, also, after the reformation was fully established, regretted so much the abolition of auricular confession, that they petitioned the magistracy to have it restored, but were answered that it was then too late; for to restore that and not the rest would be like putting on a wooden leg. And in those queries of Mr. Pitt, it is not even glanced at as dangerous.

Having disposed of the argument of danger to the state, I must now proceed to shew the innocence and the excellence of this institution. For it would be hard that because I am not a Roman catholic I should not do justice to the sentiments of my much respected clients. They have put into the hands of their coun

*Schaeffmacher, p. 282.

sel a little book, full of good matter, written by the Reverend John Gother. It has been cited by Mr. Ri ker. It is entitled, 'The papist misrepresented and represented. It contains a two-fold character of popery: giving on one hand a sum of the superstitions, idolatries, eruelties, treacheries, and wicked principles laid to their charge; and on the other it lays open that religion, which those termed papists own and profess; the chief articles of their faith, and the principal grounds and reasons which attach them to it. I shall read but one page of this little work, which I think will be satisfactory to the court. It is page 24, of the first American, from the nineteenth London edition.

"OF CONFESSION."

"The papist, misrepresented, believes it part of his religion to make gods of men; foolishly thinking that these have power to forgive sins. And therefore as often as he finds his conscience oppressed with the guilt of his offences, he calls for one of his priests; and having run over a catalogue of his sins, he asks of him pardon and forgiveness. And what is most absurd of all, he is so stupid as to believe, that if his Ghostly Father, after he has heard all his villainies in his ear, does but pronounce three or four Latin words over his head, his sins are forgiven him, although he had never had any thoughts of amendment, or intention to forsake his wickedness."

There spake bigotry!

"The papist truly represented, believes it damnable in any religion to make gods of men. However he

firmly holds, that when Christ speaking to his apostles said, John xx. 22. Receive ge the Holy Ghost; whose sins you shall forgive, they are forgiven; and whose sins you shall retain, they are retained; he gave them, and their successors, the bishops and priests of the catholic church, authority to absolve any truly penitent sinner from his sins. And God having thus given them the ministry of reconciliation, and made them Christ's legates, 2 Cor. v. 18, 19, 20. Christ's ministers and the dispensers of the mysteries of Christ. 1 Cor. iv. And given them power that whosoever they loosed on earth shall be loosed in heaven. Matt. xviii. 18. He undoubtedly believes, that whosoever comes to them making a sincere and humble confession of his sins, with a truc repentance and a firm purpose of amendment, and a hearty resolution of turning from his evil ways, may from them receive absolution, by the authority given them from heaven; and no doubt but God ratifies above the sentence pronounced in that tribunal; loosing in heaven whatsoever is thus loosed by them on earth. And that, whosoever comes without the due preparation, without a repentance from the bottom of his heart, and real intention of forsaking his sins, receives no benefit by the absolution; but adds sin to sin, by a high con tempt of God's mercy, and abuse of his sacraments."

There spake charity!-Let us chuse between them.

No wonder then, this latter being the true character of confession, if the bitterest enemies of the catholic faith have still respected it; and that discerning minds have acknowledged the many benefits society might