Cheraw gazette and Pee Dee farmer. [volume] (Cheraw S.C.) 1838-1839, 1839-05-17
Frca. Lae Philadelphia Presbyterian.
PRESBn TERRAIN CHURCH CASE.
OPINION OF THE COURT.

9Th, as follows;
TO exiricat: nc q;rsion from the multi.
farlous myss Of lr:c!rsan. matter IN which
it is enclosed we r:ns:, in the first place, aS.
certain the s1ecii!c Character Of tn. General
Assembly, and the Relation it bears to he
cor?oraIloo which IS tic immediate subject
OF or cogn zancc. This Assembly has
"een called quasi corporation; of which
it has not ica;urr. A quasi corporation
has capacity 10 sue and be saed as an art
ficial person which the Assembly has not.
|, is also esabisi.. d by law ; which the AS
sc,nbly IS not. Neither is the Assembly 4
particular ordr or rank in tie corporator,
though the la ter wa "reate'l Tor .,s convtn
Ience; such, for instance, as share holders
of bank or ions ork COMPANY, WHO are
an incgrant part Of the b. DIV. 1t is seq.
reSaed ASSOCIATION, which, tnough It Is tie
reproductive organ OF corporate succession.
ls not Itself n n"mber of the body; and IN
that respect it is auomalous. Having 10
corporate quality in itself, It is not 4 suffice,
of our corrective jurisdiction. or Of our Scru-
tiny. further than u aScc: ain how far is
organic Sirrlcturr nrv bear on tAe question
of lis personil identity or Individuality. Bv
tie charter OF the Corporal OF, O!WhIcA It is
rhe handnaid and nurse, it has limited CT.
p,ci;v to create vacancies in il, and an un-
lsni cd power over the form and manner OF
choice in filing Them. 1t woull be sufi-
rienl for the civil tribunals, therefore. that
tho assembled commissioners lad cons':ts-
It'd an ac;ual botiy; ana tiIG: it had made
is appointment in It's own way, W.tEout re-
gard TO lis fairness in respect 10 is nlem-
hcrS viii dis Limitation, however, that i
had the assem- Of thc constitutional majority,
of which the official act Of au;aent:ca;!on
would be, Il; least, prima facic evidence. 1t
would be nmacrial 10 the legally ofi!e
choice that the majority had cxprled the
minority. provided 4 majority Of the whole
body concurred in the choice. This may
be safely predicaied ofan undivided Assem-,
bly,, and It would be an uu,rring test in the
c.,se Of division could Il quorum moi be
constituted oflcss than snch mi!jorIty bui
unfortunately, 4 quorum of the General As.
srra"ly may be construed cf very small
minority, 50 lhat two, or even more, dis.
tInct paris may have all the external organs
OF Legitimate existence. Hence. where, as
IN this instance, The members have formed
themselves into separate bodies, numerical.
iysuificlcnt for corporate capacity AMI Or
ganc action, il becomes necessary to ascer.
tain how far either Of them WAS formed in
obedience to tie conventional law Of The is.
sucialion, which. for that purpose only, is 20
be treated as rule of civil obligation.
The division whoa, for purposes Of de.
sisnaton, ii Is convenient to call the Oh.
school party was certainly organized IN obc.
dpnce 10 the established order: AID, 10 le.
climate the separate organization of is ri
val, IN con;rayenton, as it certainly was.
ofesery thing Ike preceden', would requrs.
the presentation Of a very urgent ,slrrsen,
cy. Al the stated time and placs COR tie
opening OF the session, the parties assem-
bled, without any ostensibe division; and,
when the organization Of the whole had
proceeded 10 certain point. by the ins RI
mentality of the Moderator of,hc preceding
session, who, for tha, purpose. was the con-
satuiopal organ, provisional Moderator
was suddenly chosen, by minority OF those
who could BE- entr! d to vote, including lh'
exscmdcd commissioners. The question
Oh the motion to elect, was put, not by the
Chair. but by tho mover himself; afer
which, the seeding parry elected perma.
nent Motera or, and immediately withdrew,
leaving the other party to GIish is process
OF organic llon, by he choice OF lis MGvr.
raaW for the sess,on.
In justification oithis apparent irresa-
i.:ity, ii is urged that the consti uionai
Moderator had refused an appeal TO th
Commissioners in attendance, from his dc
cision, winch had excluded from the roll the
names of certain Commissioners who hai
. been unconstilutionally severed, as il is al
hged, from the Presbyterian cunns ION by
a vote the preceding sessions. 1t is con
ccdcd by the argument, that if the Syuods
with l!e dependent Presby,erics BY which
tlOsc>CommssIonrrs were sent, had been
corstiuionaIly dissolved, the moion was
one which tine MoLrtaler was not bound TO
put, or the Commissioners 10 no:ice and
lhe whotever implication Of assent 10 tn"
decision which eusued. might otherwise be
,oeJuced from the silence of those who re.
fused 10 speak out, about which 1t will be
necessary TO say something in the sequel,
there was no room for any such i,nplica ion
in lhe particular instance. ltwoui follow
also, that there was no prctcnce for the de-
posal Of the ,Moderuor, if indeed such u
thing could be legisima.cd by any circum.
Stances, for refusing an appeal fiom his ex,
clusion Of those who had not colour OF title,
and, consequently. that what else mig int be
reform, would be evolution. And this !eads
to an inquiry into ;hc coDslituto .aIuy OF The