The native American. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1840, 1839-04-13
THE CHURCH CASE.

The Charge Of The Court and Verdict of the
Jury.-Before the opening of the Court, this
morning, the U. S: District Court Room was
packed, should say, as full as it could be, but
few more did actually find ingress after the arri-
val of the Judge. Many who sought, however,
could not press themselves into the dense mass.
All who had been in court during any part of the
progress of the trial, seemed anxious to catch the
words from his honor-which were regarded as
to be the decisive audit of the great question at
issue in this case.
The charge was distinct and lucid statement
of the law on the points which his honor consi-
dered applicable to the case, and occupied about
one hour and quarter in the delivery. During
this period, the mass of intelligent countenances
which filled the room, marked by deep and vary
ing emotions, as the several points were distinctly
presented in the clear and decisive tones of the
Judge, was an object for painters pencl-not
for my pen--to describe
| The first apparent breathing, or sensible change
OF the position of an auditor in the house, was at
the moment when, having succinctly stated the
great points in the history Of the Presbyterian
Church from 1853 to 1887, including its plans of
correspondence with 'cognate bodies, and parti-
cularly the plan of union,' of 1901, and having
ntlmaed, though uncourteous to do SO, it was
within the power of the Assembly to abrogate
that plan, the Judge announced, in strong and en-
phac tones, that the extending acts of the AS
sembly of 1887 WERE UTTERLY UNCoNsT1TU-
TIoNAL AND VOID.
In the subsequent progress of the charge, the
Judge stated distinctly the points set up by the
Realtors, in relation to the organization of 1888
and those alleged on the other hand by the De-
PENDANTS, and the particulars in which they con-
tradiced each other-wherein he told the Jury
that they must find the facts-that if they believ-
ed that the Moderator and Clerks the Assembly
of ls37-acting in the incipient steps for the or
ganization of the Assembly of ls3s-were act
ing in pursuance Of plan, concert and conspiracy,
to carry out the acts Of 1887, and thereby effect
the organization of an unlawful Assembly, by the
rejection of members who had constitutional
right to participate, and that on the other hand
those who were called the new school party in
this case effected the organization which met af-
forwards in the First Church, were acting openly
in resistance Of these unconstitutional measures,
designing not to secede from the Church, but to
organize the assembly of that Church on it's true
and unconstitutional basis, affording all commits
soners present an opportunity to understand their
object, and to participate in their votes if they had
chosen to do so, and that the essential questions
put to the house, were reversed to allow an OPP
portunity for negatives--then that body which
elected these Realtors, Trustees, &c. were the
General Assembly, and their verdict would be
for the Realtors, otherwise the Defendants.
| The Jury were absent about an hour, when
they returned with UNANIMOUS VERDICT for the
Realtors.