flesh, or drink blood by way of religious festival or triumph; that bacchanalian orgies, or obscenities should not be tolerated under the name of liberty of conscience. They might have pointed out strange and freakish excentricities of self-professing christians, such as the denouncers of false judgments, and false pretenders to commissions from heaven, where they went so far as to break the peace by terrifying the innocent, and causing abortions and convulsions. They might have mentioned by name, the sect of the Adamites, that go naked in their devotion. But then, besides the difficulty of describing with certainty, things so remote and obscure, and little within their experience or observation, they had minds too extensive, and conceptions too congenial to the mighty subject entrusted to them, not to know that there might be people yet undiscovered by us, and to whom we are yet unheard of, who might, nevertheless, in the course of a few years, become our fellow citizens. Thence the necessity of this general proviso; but to suppose that it meant, by a sidewind or indirect equivocation, to proscribe a vital part of the religion of three fourths of the christian world, and that of all others the most known, is a monstrous calumný upon those, whose memory should live in never-fading honor.

But I have been too long. The peculiar reasons I have had to dread and abhor every colour and shade of religious persecution, has communicated to my argument, perhaps, an over earnestness. Those who have not seen and felt as I have done, may think it common place. I think indeed, without so many words, the point was gained. In that case, I am more beholden to the patience of the court. So that our cause be gained

I go contented, I can do no more than those great doć tors who pleaded half a day before the magnanimous giant, that he would replace their bells of notre dame, which he had taken down. He heard them graciously, and then informed them, that they had spoken right persuasively, so much so that all the bells were up before they came.

The sum of all is this: The constitution has spoken plain, the gospel plainer to our purpose. When Christ had put the Sadducees to silence, he was still tempted by a cunning lawyer of the Pharisees, asking, which was the great commandment. Mark his answer:

"Thou shalt love the Lord thy God with all thy heart, with all thy soul, and with all thy mind. This is the first and great commandment which I give unto thee, and the second is like unto the first, THOU SHALT LOVE THY NEIGHBOUR AS THY SELF."

On Monday, the 14th of June, the Jury were called, and all appeared; the Honorable DE WITT CLINTON, Mayor, then proceeded to deliver the DECISION OF THE COURT, premising, that the Bench were unanimous in their opinion, but had left him to pronounce the reasons of that opinion, and that responsibility he had taken upon himself.

In order to criminate the defendants, the reverend Anthony Kohlmann, a minister of the Roman catholic ehurch of this city, has been called upon as a witness, to declare what he knows on the subject of this prosecution. To this question he has declined answering, and

has stated in the most respectful manner the reasons which govern his conduct. That all his knowledge respecting this investigation, is derived from his functions as a minister of the Roman catholic church, in the administration of penance, one of their seven sacraments; and that he is bound by the canons of his church, and by the obligations of his clerical office, to the most inviolable secrecy-which he cannot infringe, without exposing himself to degradation from office-to the violation of his own conscience, and to the contempt of the catholic world.

In corroboration of this statement, a book entitled "The Catholic Christian instructed in the sacraments, sacrifices, ceremonies, and observances of the church, by the late right reverend R. Chalhoun, D. D." has been quoted, which declares, "That by the law of God and his church, whatever is declared in confession, can never be discovered, directly or indirectly, to any one, upon any account whatsoever, but remain an eternal secret between God and the penitent soul-of which the confessor cannot, even to save his own life, make any use at all to the penitent's discredit, disadvantage, or any other grievance whatsoever." Vide Decretum Innocentie XI. die 18 November, Anno. 1682 (page 120) and the same book also says, that penance is a sacrament, and consists, on the part of the penitent, of three things, to wit-contrition, confession, and satisfaction on the part of the minister in the absolution nounced by the authority of Jesus Christ.

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The question then is, whether a Roman catholic priest shall be compelled to disclose what he has received in confession-in violation of his conscience, of his

clerical engagements, and of the canons of his church, and with a certainty of being stripped of his sacred functions, and cut off from religious communion and social intercourse with the denomination to which he be longs.

This is an important enquiry; It is important to the church upon which it has a particular bearing. It is important to all religious denominations, because it involves a principle which may in its practical operation affect them all; we have therefore, devoted the few moments which we could spare, to an exposition of the reasons that have governed our unanimous opinion: But before we enter upon this investigation, we think it but an act of justice to all concerned in it, to state, that it has been managed with fairness, candour, and a liberal spirit, and that the counsel on both sides have displayed great learning and ability; and it is due particularly to the public prosecutors, to say, that neither in the initiation nor conducting of this prosecution, has there been manifested the least disposition to trespass upon the rights of conscience-and it is equally due to the reverend Mr. Kohlmann to mention, that the articles stolen, were dedelivered by him to the police, for the benefit of the owners, in consequence of the efficacy of his admonitions to the offenders, when they would otherwise, in all probability, have been retained, and that his conduct has been marked by a laudable regard for the laws of the country, and the duties of his holy office.

It is a general rule, that every man when legally called upon to testify as a witness, must relate all he knows. This is essential to the administration of civil and criminal justice.

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But to this rule there are several exceptions-a husband and wife cannot testify against each other, except for personal aggressions-nor can an attorney or counsellor, be forced to reveal the communications of his client-nor is a man obliged to answer any question, the answering of which may oblige him to accuse himself of a crime, or subject him to penalties or punishment.

In the case of Lord Melville, upon a witness declining to testify, lest he might render himself liable to a civil action, the question was referred to the twelve judges; and eight, together with the lord high chancellor, against four, were of opinion, that he was bound to answer. To remove the doubt which grew out of this collision, an act of parliament was passed, declaring

that a witness cannot by law, refuse to answer a question relevant to the matter in issue, the answering of which has no tendency to accuse himself, or to expose him to a penalty or forfeiture of any nature whatever, by reason only, or on the sole ground that the answering of such question, may establish or tend to establish that he owes a debt, or is otherwise subject to a civil suit, either at the instance of his majesty or of any other person or persons." This statute has settled the law in Great Britain. The point in this state, may be considered as res non adjudicata-but I have little doubt that when determined, the exemption from answering of a witness so circumstanced will be established.

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Whether a witness is bound to answer a question, which may disgrace or degrade him, or stigmatize him the acknowledgment of offences, which have been pardoned or punished, or by the confession of sins or vices, which may affect the purity of his character, and