The Early History of the Catholic Church in New York [pp. 515-525]

Early His p ry of the Catholic Ckurck in New York. 519
ciety, was ere long to be placed near could be called upon to give evidence which
the new church. would expose him to infamy, he dedared
this period a strange case that the only way was to excuse a priest
During from answering in such cases."
occurred in a New York court that
settled f~ that State, at least, a ques- This decision, by the influence of
tion of importance to Catholics. It De Witt Clinton, when Governor of
settled as a principle of law that the the State, was incorporated into the
conkssion of a Catholic to a priest Revised Statutes as part of the lex
was a privileged communication, scn~ta of the State.
whid~ the priest could not be called With this period, too began the
upon or permitted to reveal. publication of Catholic works in New
`4 York, which has since attained such
Restitution had been made to a man a wonderful development. Bernard
named James Keating, through the Rev
Father Kohlmann, of certain goods which Dornin stands as the patriarch of the
had been stolen from him. Keating had Catholic book trade of New York, of
previously made a complaint against one which an interesting sketch will be
Philips and his wife, as having received the found in the appendix to Bishop
goods thus stolen, and they were indicted
for a misdemeanor before the justices of the Bayley's work. He also gives a list of
peace. Keating having afterward stated subscribers to some of the earliest
that the goods had been restored to him works, which will possess no little inthrough the instrumentality of Father Kohl- terest to older Catholic families, who
mann, the latter was cited before the court, can here claim ancestors as not only
and required to give evidence in regard to
the person or persons from whom he had Catholic, but devoted to their faith,
~eceived them. This he refused to do, on and anxious to spread its literature.
the ground that no couft could require a We have looked over the list, and
priest to give evidence in regard to mat- amid familiar names have endeavored
ters known to him only under the seal of
confession. Upon the case being sent to to find the oldest now living. If we
the grand-jury, Father Kohimaun was sub- do not err greatly, it is the distinpoenaed to attend before them, and appear- guished lawyer Charies O'Conor, Esq.
ed in obedience to the process, but in re- When Pope Pius VII. was restored
spectful terms again declined answering
On the trial which ensued, Father ~o~ to Rome, another son of St. Dominic
mann was again cited to appear as a witness was chosen; and the Rev. John Conin the case. Having been asked certain nolly was consecrated the second biquestions, he entreated that he might be shop of New York. After making
excused, and off~red his reasons to the such arrangements as he could in Irecourt. With consent of counsel, the question was put off for some time, and finally land for the good of his diocese, he
brought on for argument on Tuesday, the set sail from Dublin, but experienced
8th of June, 1813, before a court composed a long and dangerous passage. From
of the Hon. De Witt Clinton, mayor of the the absence of all notice of any kind,
dty; the Hon. Josiah Ogden Hoffman, recorder; and Thaac S. Douglass, and Rich- except the mere fact of his name
ard Cunningham, Esqs., sitting aldermen. among the passengers, his reception
The Hon. Richard Riker, afterward for so was apparently a most private one.
many years recorder of the city, and Coun- He was utteriy a stranger in a strange
sellor Sampson, volunteered their services land, called from the studies of the
in behalf of Father Kohl mann..
"The decision was given by De Wi?t cloister to fbrm and rule a diocese of
Clinton at some length. Having shown that, considerable extent, without any preaccording to the doctrine and practice of vious knowledge of the wants of his
the Catholic Church, a priest who should flock, and utterly without resources.
reveal what he had heard in the confession
al would become infamous and degradeJ His diocese, which embraced the
in the eyes of Catholics, and as no one State of New York and part of New