an act, would represent, not the state, but the law, is evidently this: that the act, although performed by the executive power, would be itself not executive but legislative-an exercise, in fact, of that small portion of legislative power which the constitution and laws of England yet leave to the crown.

The sub-committee further state, that that which is received from the crown, when a charter is granted, "is neither personal nor official favour, but a modified and more equitable position in relation to the law." In confutation of this assertion, Mr. Mursell thinks it "quite enough to refer to the language of the charter itself:"- We, of our special grace," &c. But he altogether mistakes the import of this phraseology, which is in reality intended to affirm the legislative purity of the transaction, and to deny corrupt and venal motive. The granting of a charter, when satisfactory ground can be laid for it, is, on the part of the sovereign, but a due discharge of one of the public duties of his office,

"If the charter were obtained," continues Mr. Mursell," it would confer an amount of power which should not be entrusted by any religious society to any body of men." Under this head several items are mentioned, which it will not be requisite to notice in detail, because the general notion out of which they spring is altogether unfounded. The truth is, that a charter would confer on the committee no power whatever. It is not the committee that would be incorporated, but the society, that is, the whole multitude of members; and the relation which the committee would bear to the society, and consequently all its powers, would be the same as at present. Going through every sentence in this paragraph, I can most conscientiously affirm my conviction, that in every one of them the writer is wholly mistaken; and, as he adduces no proof, but makes assertions only, considerate persons may well hesitate before they give him credence.

In error in supposing that a charter would throw power into the hands of the committee, Mr. Mursel is, of necessity, still more in error in saying that such augmented power would "fall into the hands of a very few," even of the committee itself. He asserts, indeed, that "the popular character of that body is rather a semblance than a reality;" and he tells you that "the quarterly meetings are not invested with more authority in any way than" the weekly meetings. The truth is, that the constitution of the society knows nothing of quarterly meetings of the committee, this distinction having originated entirely in the fact, that, for the sake of facilitating interchange of opinion, the committee have agreed, that upon special occasions, (occurring somewhere about once a quarter), the travelling expenses of members residing at a distance from town shall be paid. That

the popular character of the committee is a reality, and no semblance, may be evident from this, that the committee is, by a rule of the constitution, open at all times to the attendance and votes of about eight hundred members of the society, and that scarcely a meeting is held at which some members, thus entitled, do not attend. This popular constitution of the committee would be in no respect altered by the society's incorporation.

I have now noticed all Mr. Mursell's statements, and if I were to conclude my observations by saying, that had he designed to collect the greatest possible number of sophisms in the least possible space, he could scarcely have been more successful, and that the whole effect of his paper is to throw dust in the eyes of your readers, I should give him no cause to complain, since I should only use language which he has set me the example of employing. If I refrain from using such language, however, let him allow me to assure him, with sincere regard and respect, that he has yet to do the subject on which he has written the justice which it demands. I am, &c., J. H. HINTON. London, March 13th, 1849.

ON THE LETTERS OF MESSRS. MURSELL,
ROBINSON, AND BOWSER.

To the Editor of the Baptist Magazine, REV. SIR,-It is due to your readers and the friends of the Baptist Missionary Society that they should be informed that the letters of Mr. Mursell, Mr. Robinson, and Mr, Bowser, in your magazine of this month, were written (if I may judge by their contents) under some misconception of the nature and effects of a royal charter.

I will not occupy your valuable space by replying in detail to those gentlemen, but content myself with assuring your readers, that a royal charter of incorporation is, in substance, a perpetual trust-deed, a grant to the persons named in it and to their successors, of power to deal with the entire property then possessed, or which may thereafter be acquired by the grantees and their successors, and these persons may be changed at pleasure without a new deed, provided the change be made in the manner prescribed by the first deed. The charter defines in general terms the powers of the grantees, and the purposes to which they shall apply their trust property, and whatever is done to the contrary is illegal. An ordinary trust-deed renders a new deed necessary every time that death or resignation requires new trustees to be appointed. It might happen that, if the Baptist Missionary Society was incorporated, persons would consent to become members of the committee, and thus invest themselves with these trust powers, seeing that without expense to themselves or the society they might resign at pleasure. If they obtained

their power under a trust-deed they might have to procure a new trustee to take their place, or be driven to the Court of Chancery to be relieved of their trust.

The London companies, and, in short, all the corporate towns in England, act under royal charters, but these documents do not so define the purposes of the corporations as they should, and some of them authorize compulsory exactions, which the proposed charter of the Baptist Missionary Society, of course, does not and never can authorize.

The proposed charter will not give an atom of religious power, nor will it profess to do so, and by no means can the society free itself from liability to control from the courts of law and equity.

The Law Institution, which consists exclusively of lawyers, has, from its commencement, acted under royal charter, and if it be admitted that lawyers are the best judges of what, on legal grounds and for practical purposes, is most likely to conduce to their own interests, their conduct in this respect may be worthy of the consideration of the friends of the Baptist Missionary Society. The American Baptist Missionary Society acts under a state charter of incorporation.

Mr. Robinson, in his letter to you, inquires the amount of responsibility which the proposed charter of the Baptist Missionary Society would entail on the members of the society. I think that this may be answered by stating that the property of the corporation would be answerable for all its engagements, and must be first exhausted, and as the liabilities of the society would be temporary there is no actual risk incurred by membership. There is no such risk as is incurred by trading companies; in these, losses have been sustained by the money invested not having been returned, but, on the contrary, lost by improvident purchases of valueless property, and by having been lent to insolvent persons.

A royal charter, although in form a royal favour, is not worthy of being so considered. The grounds of the application for one, and the form of words to be used in it, are first submitted to the legal advisers of the sovereign, who receive fees for their trouble from those who apply for the charter, and, therefore, rather feel that a favour is conferred upon them by the application for the grant, than upon those who obtain it. The sovereign acts upon the advice given by simply affixing the royal sign manual (the signature) to the charter as a mere matter of

course.

A royal charter does not grant the parties incorporated power to compel any persons to part with their houses or lands to the corporation, which is the reason that railway companies never act under a charter, but obtain an act of parliament.

A chartered company has hitherto been

treated with the same respect in a foreign country as an individual, and cannot demand more.

If the committee of the Baptist Missionary Society should hereafter provide their friends with situations of emolument and ease at the expense of the society, I have no doubt it will soon become known, and then the subscribers, instead of resorting to either a chancery suit or an action at law to remove the evil, would cease to subscribe to the society's funds, and thus peacefully cause the situations to be vacated. I have no fears for the society whilst the committees shall be constituted of such men as we have had hitherto, but that they have done everything which they could is more than can be expected.

I entreat every subscriber and contributor to the society's funds to ask himself if he has done all for the society which he could, and if he can answer the inquiry in the affirmative, happy is he! But if he would do justice to the committees he must not condemn them until he has satisfied himself that a majority of the contributors to the society have done as well as he has. Moses was deprived of the privilege of entering into Canaan for speaking against God's Israel, let us not lessen our privileges by speaking against those who have devoted themselves to the noble and holy employment of carrying out the objects of the Baptist Missionary Society, and made pecuniary sacrifices also.

I write this without the knowledge or suggestion of any member of the committee or person connected with the society, and simply to prevent my brethren raising objections to a charter founded on ignorance; if there be any founded on facts let them be stated and attended to.

ON

A LAWYER.

Camberwell, March 10th, 1849.

THE PROPOSED CHARTER OF INCORPO-
RATION FOR THE BAPTIST MISSIONARY
SOCIETY.

To the Editor of the Baptist Magazine. ` SIR,-Although you have devoted so much of your March number to the above subject, I hope you will find room in the number for April for the following brief narrative, which shows the actual working of such a charter. In the case in question there is nothing peculiar in the terms of the charter; nothing in fact, so far as I know, but such regulations as would be inserted in the proposed charter to the Baptist Missionary Society. I am, sir, Yours truly,

No. 4, New Broad Street, 3rd March, 1849.

DAVID M'LAREN.

A number of the shareholders of a banking

company in the city, incorporated by royal charter, having formed an opinion that it would be for the interest of the concern to amalgamate with another banking company, although not chartered, addressed a requisition to their board of directors, that a special general meeting of the proprietors should be called to consider the propriety of that mea

sure.

A meeting was accordingly held on the 2nd March, and was numerously and respectably attended, the solicitor of the bank and other legal gentlemen having been present.

The proposed measure was very fully discussed; but as it was on grounds peculiar to the position and prospects of the two establishments, there would be no propriety in adverting to them in this paper. Some of the proprietors attached considerable importance to the company having a charter; but it was because the responsibility of each shareholder was limited to double the amount of his stake in the concern, in which respect, there can be nothing analogous in the proposed charter for the Baptist Missionary Society.

Towards the close of the meeting, after a free and full discussion of the proposed measure, the chairman informed the proprietors that the board of directors had taken the joint opinion of the attorney-general and another eminent counsel on some points of a general nature, which may serve to explain the position in which the Baptist Missionary Society would be placed under a royal charter. It is the joint opinion of the said counsel, that an amalgamation of the kind proposed cannot be effected except by authority of parliament, or by the surrender of the present charter, which cannot be surrendered BUT WITH THE CONCURRENCE OF EVERY MEMBER

OF THE CORPORATION,

The counsel were of opinion that it would be proper to allow the shareholders to meet and discuss the proposed union, but that the chairman would not be justified in putting a resolution, recommendatory of the union, to the vote.

Of course, not a single step could be taken towards accomplishing such a union, however desirable it might be, excepting by employing the cumbrous and expensive machinery connected with obtaining an act of parliament. This it was said would cost £800 or £900.

To the Editor of the Baptist Magazine. DEAR SIR, AS the Committee of the Baptist Missionary Society have invited the attention of its friends and subscribers to the proposed incorporation by charter or act of parliament, it seems desirable that those who have formed an opinion on the subject should express it.

VOL. XII.-FOURTH SERIES.

The first and weightiest objection is, that to ask any privilege from the state to enable us to preach the gospel ourselves, or to assist those who do so, is opposed to the first principles of dissent. If it is necessary to hold houses or lands for such purposes, we must, as a Christian duty, conform to the laws which regulate the tenure of property. But the thing proposed is, to solicit a favour, and one which the state is quite as likely to refuse as to grant. By doing this we subject ourselves to the charge of inconsistency from the enemies of our nonconformity, who will say, that when it suits the convenience of dissenters they can call for the patronizing help of the government as well as others.

It is clear that we shall be asking a favour, for the words of every charter declare, and we admit that it is granted, "Of the special grace, certain knowledge, and mere motion," of the sovereign. If instead of a charter from the crown we solicit an act of parliament, we give opportunity for the thousand members of the legislature to sneer at and condemn a course which the enemies of dissent in both houses will not fail to represent as at variance with our first principles. If the bishops of Exeter or Oxford should descend from their altitudes to notice the introduction or progress of such a measure, it is easy to see what an ill-natured use may be made of such a golden opportunity. I therefore submit that we should be voluntarily subjecting ourselves, as a religious body, to reproach and the chance of defeat, for an object not warranted by our own principles.

With regard to the benefits to be derived from a charter, I am not so sanguine as the sub-committee. I admit fully the inconveniences of trusteeships, but I am not at all sure that a charter, or even an act of parliament, would remedy them in all our colonies. In those which have local legislatures, such as Jamaica, Canada, and South Australia, and in those which are already regulated by acts of the British parliament, such as India, and others, I doubt whether any act of the imperial parliament would avail, unless reenacted by the colonial authorities; and if so, any such re-enactment would be doubtful and expensive.

I object also to a charter or an act, as limiting the present unrestricted freedom of the society. It is true that the great object of the society seems to be fully expressed in the Draft Charter; but "new circumstances" may well be supposed by any lawyer of experience, in which the charter may be found to be an insuperable bar to the carrying out of the wishes of the general body of subscribers. In confirmation of this may say, that I was present myself ten days ago at a meeting of proprietors of a company incorporated by charter, when, after several hours of discussion of a plan approved by a large body of the proprietors, the chairman read

21

sequence the Archives du Christianisme, of which he is the editor, has ceased to be the organ of the orthodox party in the National Church, and announces that it is to be devoted to "the principle of free and personal adhesion." On the other hand M. Pilatte, a zealous protestant preacher, not receiving state pay, has been fined on these pretences; that though liberty is granted by law to particular forms of worship, it is not to conferences on matters of religion, and that M. Pilatte discussed and criticised a legally recognized worship, that is, Romanism. The bias towards popery of those statesmen who are now in the ascendant in France is increasingly evident.

The abolition of the inquisition in the city of Rome has been followed by an undertaking of the most auspicious character. In the immediate precincts of the Vatican, we are informed, the Christian scriptures are being printed in the Italian language, under the superintendence of Dr. Achilli.

Our readers who are familiar with the name of John Poynder, Esq., as a frequent speaker at the India House in discussions respecting government support to idolatry, and the freedom of missionary action, will learn with regret that that gentleman was removed from this world on the 18th of March.

To many of our friends it will doubtless be pleasant to see a fuller account of the arrangements for the approaching annual meetings in London than could be given either on the Chronological Page or on the wrapper. We shall therefore mention them here, as far as they have come to our knowledge. Some are not yet completed, but with regard to the following, there is, we believe, no greater uncertainty than that which belongs to all prospective views of human transactions. We shall speak of what will be done, meaning thereby that it is intended to be done; but recognizing the propriety of the apostle James's admonition respecting the dependence of all our projects on the will of Him in whom we live and move, and have our being, an admonition which the experience of all who have been accustomed to assist in making such arrangements illustrates and enforces.

THURSDAY, APRIL 19TH.

In the forenoon of this day, at eleven o'clock, the annual meeting to supplicate the divine blessing on ensuing meetings and on the societies whose interests they are intended to promote, will be held in the library of the Mission House, 33, Moorgate. This meeting is usually well attended, and affords pleasure to those who are able to be present.

In the evening, at half-past six, a sermon will be preached on behalf of the Baptist

Missionary Society, at Surrey Chapel. Mr. Sherman, the esteemed minister of that place had engaged, it may be remembered, to perform this service to the society last year, but was prevented by the illness of Mrs. Sherman, who has since been removed to a better world. He has kindly undertaken it on the present occasion.

FRIDAY, APRIL 20TH.

seventh annual session of the Baptist Union In the forenoon, at ten o'clock, the thirtyStreet. Respecting this meeting, the secrewill be held in the library at 33, Moorgate taries say, "In order that time for due attention to business may be secured, it is very desirable that brethren who attend should make arrangements for devoting to it the whole day, until five o'clock, refreshment being provided at two o'clock in the Mission House."

They desire also to call particular attention to the fact, "that the committee have, for the present session made an important alteration in the general arrangements. They have resolved to discontinue the customary public meeting, (in which of late but little interest has been manifested,) and to introduce in its stead an introductory discourse, to be delivered at the opening of the session by one of the brethren. They have, to their high gratification, prevailed on the Rev. T. Morgan of Birmingham, to render this service for the present year; and he will accordingly address the Union immediately on its assembling, on Friday morning, April 20th, at ten o'clock. By a resolution of the committee, this portion of the proceedings will be open to any Christian friends who may wish to attend."

In the evening, service is to commence at seven o'clock, at the Weigh House Chapel, Fish Street Hill, when the Rev. William Brock is to preach on behalf of the Baptist Society for promoting the gospel in Ireland.

LORD'S DAY, APRIL 22ND.

For the arrangements respecting the sermons to be preached at the various baptist places of worship in and near the metropolis on this day, we must refer to the Missionary Herald.

MONDAY, APRIL 23RD.

In the forenoon, at eleven o'clock, the annual meeting of members of the Baptist Irish Society is to be held at the Mission House. Every person subscribing ten shillings and sixpence a year, or upwards, and every baptist minister making an annual contribution or collection for the society, is entitled to be present at this meeting, at which the proceedings of the past year are to be reported, and the officers chosen for the year ensuing.