Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-08-31
lFrom oar Evening Edi,isn.J
A Church Case.


rAe 1ermas Reisrnea Church. Complainant,
Nicholas Eberhard others, defe.a,,,.
The opinion of the Vice Chancellor in mi. c... w..
delivered on Tuesday the 2sth inst The follow;.g h.
a succinct statement Of the matter
About two years ago difficulty arose among ,he
officers and members Of this church situated in FORSYTH
street, in this city, in regard the managemes, Of II,
concerns temporal and spiritual The controversy re-
suited in filing the bill in this Cause BY this FIVE Of the
Trustees sought in the name Of tho Corporation pre-
vent their four ordinate Trustees from taking any
part in the further direction Of the concerns OF tho
church.
The church originally established in l77e, in
Nassau street. in this city, a. German Reformed
Church, and one allegation against the defendants
charged that IL their intent to transform il ine
Lutheran Church. The four Trustees insisted that the
hve compliments were irresponsible and incompetens
now, and unfit to manage the Of the church,
and that their intentions misapply its properly
which s Of great value.
The difficulties which led 70 the bill arose on the
death OF the Pastor Mr. Schmidt about three years ago.
and became apparent to the public. during the last
eighteen months, in the shape Of various riots in the
church, on the occasion Of the attempted installation Of
new pastor, the Ave Trustees insisted upon their ia
vorite candidate, under the peculiar style Of worship
preferred by them. and the four urging with equal
strenuousness the choice Of the Of their selection
The four Trustees were supported by nearly the
whole Consstory and large majority Of the congregs
ton Of the church, whilst the Ave being majority had
the legal custody and control Of the property OF the
church and paramount voice in its government.
Whenever therefore, personal contest arose the four
were victors but in any legal contest the five
that the Mayer and other authorities were compelled
frequently TO interfere, preserve the peace against all
the parties. High Constable Hays was for some time
in possession Of the church, and Ultimately preserve
its property, the Vice Chancellor compelled
close the church, and to appoint Receiver to bring
under the protection Of the Court its houses munimens
and revenues The church, under this order has re-
| manned closed for several mentis past.
To fveT IF he fTact of,
Jory over the four Of them indicted and con-
vcted of perjury before the United States Court ohs
District and matters remained in this situation, when
each OF the parties applied 10 the Court open to them
the church, the four Of the original minority insisting
that it was independent church. free from the juris-
dction of any ecclesiastical classes and the Eve insist
ing that its Jurisdiction belonged either the classes Of
the German Reformed Church Of Pennsylvania or TO
the classes Of the Dutch Reformed Church Of this city,
Each OF these religious bodies, by their official acia
insisted that the church belonged its respective su
hority and attempted the ind pendena off,
GERS the church The four, considering this exercise
OF power an usurpaton both hands claimed she pro-
lection OF Chancery against il.
Atthe last annual church election few months since,
the parties held separate polls and each elected distinct
sfcers, so that there existed conflicting bodies
each claiming the control and government of the
church.
To decide which was the regular bedy OF church Off.
GERS entitled to the custody q the church and the 90
Vice Chancellor.
The Vice Chancellor delivered a lengthy opinion in
which ne freely and Thoroughly scanned the original re-
ss coz 81 the aiS1 and he therefore decide ,hs,
the Forsyth Church Independent in rs pre-
sent character and position, and had he sole right Of
governing ITSELF He also decided that the election Of
church officers by the defendants in this suit was rseu
lar. and he directed the Receiver appointed by tAo
Court TO open the church under the control or tho
independent Trustees for the Of them and their Sd
herents.
This involving questions Of deep interest in re-
gard TO the relative rights Of church officers and mem.
bers. was thoroughly and ably argued by Campbell
Bushnell Esq for the Eve semplansn,s and He.ry m.
Western, Esq, for the four defendants.