Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-10-27
ALEXANDRIA GAZETTE.
BY REQUEST. ],

| IMPORTANT LEGAL DECISION.
Methodist Church Of Pittsburgh, vs.. Stephen Re-
naingtcn and others.-h, The Supreme Court
| for The Weaern District, Pa
! This cause came before the Supreme Court for
argument on the 5th September last. Present,
| Hon. j. B Gibson. Chief Justice. Hon. Motion
&. Rogers, Hon. Charles Huston. and the Hon.
John Ross. associate Justices The arguments
OF counsel occupied the greater part Of four days.
On Saturday. the S0th September, the Chief JUS
tice stated verbally The opinion Of the Court, in
which all the judges ooncurred. He mentioned,
also, that the opinion would be drawn up at
length as soon as time would permit. The con-
| troversy, thus brought to close, involved,
amongst other questions, the validity Of certain
trusts contained in two deeds Of conveyance
one for lot at the Intersection Of SmithfeId and
Seventh streets, and the other for an acre OF land
in the Northern Liberties of the City, purchased
for burylug ground.
The deed of conveyance for the lot first men
toned, on which large meeting house lie now
erected. pursues the torn set forth IN the D'Sci-
pine Of the Methodist Episcopal Church. The
lot Vas conveyed to certain trustees tn hold to
them and their successors forever, in trust,
that they shall erect and build, or cause to be
erected and built thereon, a house or place OF
worship. for the use OF the members of The Me-
thodi.t Episcopal Church in the United States OF
America, according to the rules and discipline
which from time to time may be agreed upon and
adopted by the ministers and preachers o. the
said church, at their general conferences in the
United States OF America; and in further trust
aud confidence that they shall at all times. for
ever hereafter, permit such ministers and preach
ers, belonging to the said church. as shall from
time to time be- duly authorized by the general
conferences OF the ministers aud preachers OF
the said Methodist Episcopal Church, or by the
yearly conferences authorized by the said gene
raj conference. and none others. 10 preach and
eXpoGnd Gods holy word therein; and IN fur
Their trust and confidence, that as often as one or
more of the trustees herein aforementioned,
shall die, or cease TO be member or members
Of the said church, according to the rules and
discipline as aforesaid, then, and in such case,
it shall be the duty Of the stationed minister or
preacher (authoriZed as aforesald) WIN shall
nave the pastoral charge of the members OF the
said church, to call meeting OF the remaining
trustees, as soon as conveniently may hej and
when so met, the said minister or preacher shall
proceed to nominate one or more persons to hl
the places of him them whose Office or Offices
has Tor have) been vacated as aforesaid.
Prouidsd. The person or persons so nominal
ed, shall have been one year q member or mem
bers Of the said church Immediately preceding
such nomination, and be at least twenty Lone yeats
OF age; and The said trustees, SO assembled, shall
proceed to elect, and by majority OF votes, ap
point the person or persons so nominated to hi
such vacancy or vacancies, IN order to keep up
the number Of nine trustees forever; and in case
of an equal number of votes for and against the
said nomination, the stationed minister or preach
e. shall have the casting vote"
Ine burying gruundwas also conveyed to trus-
tees aud their successors; the use OF the proper
" to be regulated by certain articles Of associa
citation, TO which the deed referred. BY those
articles portion Of the ground was sub divided
into $50 burying los" for families, &C., and
sold at the price of six dollars each, The resi-
due was left for common burning ground 10 be
used bv those who should pay the prescribed
charges for graves. By the articles of assacia-
ton none but members of the Methodist Episco
pal Church could purchase or hold burying lot.
aud the revenue arising from the sale OF graves
was to be paid into the hands ut the Steward OF
the Methodist Episcopal Church in this station.
The decision Ut the Supreme Court, as an.
nounced by the Chief Justice, WAS in substance,
that the trusts above mentioned. other words,
that so much of the deeds Of conveyance as gave
to the general or annual conferences. or TO the
preachers of the Methodist Episcopal Church any
interest in or control over the property in ques-
ton. or its tevenues. Is illegal and void. And
that the property belong. to those who purchased
and paid for IL.
In order that the bearing Of the decision OF the
court upon the Methodist society in Pittsburgh
may BE- fully understood BY the reader. il is prop
er to mention, briefly, the circumstances under
which The controversy arose. In 1928. the
members of the society procured an Act Of As
sembly to be passed, by which they were erected
into a body politic and corporate. under the ii.
tie of the 'Methodist Church OF Pittsburgh
The Church property, including two meeting
houses, and burying ground, was conveyed By
the trustees in whom the legal title had been
vested, TO the trustees of the corporation, subject
to the trusts set forth in the original deeds of
conveyance. majority Of the trustees of the
corporation, being attached to the reform party,
and large number Of the Methodist society be-
ing dissatisfied with the conduct Of the preacher |
in charge. it was determined to solicit the ser.
sSee form of Deed Of Settlement, IN the Dis