
    Caleb Howard and the rest of the Inhabitants of the First Ecclesiastical Society in Pomfret v. Waldo.
    The court will not, on a motion, decide a question relating to the power of agency which involves in it the merits of the cause to he tried.
    Where a number of persons dissent from the same church, etc. • and form themselves into a church or society separate from the other church and society— there is no need of their lodging any certificate, etc. and they thereupon become disabled to vote in said first society, except in matters pertaining to schools and schooling.
    AotioN of trover for tbe society’s book of records conver-sión laid, in February A. D. 1793.
    Tbe defendant challenged tbe power of tbe agent who appeared, to prosecute in bebalf of tbe plaintiffs; because be was not regularly appointed.
    Tbe facts were — That on tbe 1st day of December, A. D. 1792, a new voluntary society was confederated and formed, consisting of tbe members of said first society; by tbe name of tbe Catholic Reformed Christian Church and Congregation; and contained tbe greater part of tbe legal voters, which belonged to said first society; which confederation and agreement was kept concealed. On tbe 19th of December .the annual society meeting was held in said first society, and all tbe legal voters in tbe old and new formed society, were present and voted in tbe choice of a committee, and of tbe defendant to be clerk. On tbe 29th of tbe same December tbe Reformed Catholic Church, etc. met pursuant to a ¡regular warning, chose a moderator, clerk and committee; and voted to give Mr. Dodge a call to settle amongst them in tbe work of tbe gospel ministry, and on tbe 6th of January A. D. 1793, be was ordained. On tbe 8th of February A. D. 1793, tbe first society, pursuant to a warning given, to all tbe legal voters in said society, exclusive of tbe members of said new Catholic society, for that purpose met, and in legal meeting, voted that Samuel Waldo, and twoi of said committeemen chosen on tbe 19th of December aforesaid, bad gone off from them and joined said Catholic Reformed Society, etc. whereby their offices bad become vacant — and then proceeded and cbose a clerk, and two committeemen in their room, and appointed Oapt. Setb Grosvenor an agent to commence and prosecute this suit for said book of records, by twelve voters; being all that were left in said first society. Against which appointment, thirty-seven voters belonging to said Catholic Keformed Society, voted and protested.
    The question upon this state of facts was.— Whether the agent was legally appointed. The court wore unwilling in this .summary way to give a peremptory answer to a question, which entered so deeply into the merits of the cause. As the agent had got a formal appointment of record by the first society in Pomfret, he had right to appear and prosecute; whether that body, the twelve voters who appointed him, were the first society in Pomfret .or not, was the question to be decided upon the merits. The defendant plead not guilty. Issue to the jury.
    In the cause upon the merits the written covenant and confederation of the Catholic Eeformed Church and Society was produced and read: In that they expressly declaro, “ that they do covenant and confederate together agreeable to the law, entitled an act securing equal rights and privileges to Christians of every denomination in this, state,” which agreement was subscribed by them individually. None of them had lodged any certificate with the clerk of said first society —- and claimed a right still to vote in the first society, in all matters equally as before said association.
   The jury found a verdict for the defendant, from which the court dissented, and delivered to the jury their opinion upon the law — as follows:

The design of this statute is to secure to every denomination of Christians equal rights and privileges, and to give to all liberty to worship God, according to their consciences, and to prevent every kind of intoleration and oppression either towards the dissenters, or those dissented from.

The law goes upon the idea, that public social worship of the Deity, is a part of natural, as well as revealed religion; indispensably obligatory upon every individual, and essential to the well being, peace and happiness of society.

The first paragraph provides how an individual, whn conscientiously dissents from the church or society to which he belongs, may regularly separate from it, and join to. another church and society of a different denomination, by lodging a certificate of his dissent, and choice of the church or society to which he is joined.

The second paragraph is conversant .about dissenting churches.and congregations, which were already formed; or which may hereafter be formed, for the purpose of public social worship among themselves; granting to them certain power's and privileges, as of building meeting-houses, settling and maintaining ministers, etc. etc. And every person who claims the benefit of either paragraph of this act, is disqualified to vote in any meeting of such first society, except in matters which relate to schools.

The Catholic Reformed Church, etc. associated themselves into a church state; they went off in a body; the instrument containing the articles of their union is evidence of their having separated, and having become a church by themselves; and they expressly claim the benefit of this law in their very act of incorporation; and for them after this to control said first society in their meetings, by their superior numbers, is a perverting of the privilege the law granted to them, to. the oppression of their neighbors in the first society.

The jury went out and returned with a verdict in favor of the plaintiffs, and £15 damages.

Upon a suggestion from the bench, that as the right was the principal question, and the book of records could be of no use to any but the plaintiffs, and that the book and not damages, was the object of the suit, the parties'had better compromise the matter. Col. Grosvenor who was present, declared in behalf of the defendants and said Catholic Society, that he acquiesced in the decision of the court, and that the book should be delivered. Thé damages were remitted to. forty shillings.

I would observe, that although this is the law where a new church is wholly or principally formed from one society, yet, should a new church be formed, by taking a few members from a number of other churches, the law might be otherwise, and it would be necessary for them to lodge certificates agreeable to the first paragraph of the law.  