The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1851-11-15

80 The New York Commercial Advertiser
gives the following extract Of the final decis.
Ions In the great Methodist church case--an act
Of justice long delayed
DscisIsros ~ rHE GREAT METHODIST CASE
U. \. C,RcuIr CouRT. Before Judges Nelson
and Belts IT. b. Bascom and Others w. George
Lane and others. The opinion Of the court in
this case was delivered this morning by Judge
Nelson, and We may now expect that the con.
troversy between the Methodist Episcopal
church. and the Methodist church, South, In re-
ation 20 the division Of property will be defiin.
itely settled. The case was argued several
months sgo by George Wood and Rufus
Choaie, for the defendants, and Daniel Lord
and Rsverdy Johnson. for the compliments. We
reported the facts az considerable length nj the
time, and II 10 therefore unnecessary TO recapitu
late them. The opinion OF the court Is volum-
NOUS, and occupied an hour and q half IN is de-
livery. Judge Nelson requested that is publ
cation might be deferred until tomorrow, NJ he
desired in the mean tune 10 revise the proof
sheeis. but there will be such q general anxiety
to know the result, that We give the substance
Of the decisions TO day.
| The greater part Of the document consists of
summary Of the complaint and answer. The
FIRST point considered 10 the power Of the gene.
raj conference TO authorize separation, and this
the court hold 10 have been clearly shown. .ln-
dependent Of property" they say, .the power
OF severance Is written upon every page OF their
proceedings They then advert to the plan of
separation in lS44. by which the only condition
upon which permanent separate organization
was made to depend was the voluntary action
Of the annual conferences in the slaveholding
States. These conferences determined upon the
separation, and ipso facio il became complete
II was stipulated in the plan Of severance that
ministers might attach themselves rithom blame
to either branch of the church, and the local pro-
perry within the limits Of each branch was not
to be claimed by the other. The general pro.
perry, such rs notes, the Book Concern, &C.,
was reserved for disposal upon equitable prin-
ciples after further consideration, II being con.
sidered essential before this part of the division
could be accomplished. that two-thirds of all the
annual conference, North and South, should con.
sent to the repeal Of the sixth restrictive article
Of the Church. This article not having been &c
repealed, the court held that If there was nc
other consideration in the case, the NJ. E. Church
South, might not perhaps be entitled 10 a share
Of property.
But, the rights of the church, South, rests
upon established principles of law and equity
which make it the duty of court Of chancery
to interfere and see that the fund is properly
distributed, especially as it is by no means Ger.
tain that the distribution claimed would be even
in contraveution Of the sixth restrictive article,
What have the travelling preachers OF the South
done to deprive themselves of their rights in the
fund II was agreed on all hands that two dis
tinct ecclesiastical organizations, though identi
cally the same in faith and discipline, were me-
cessary for the promotion of their holy mission
ito spread gospel holiness through these lands, '
aud by the plan of separation, ministers were
permitted to attach themselves to either without
blame. The compliments are not only within
the description but are among the very persons
designed by the spirit if not by the letter of the
article. "...
upon the whole, our conclusion is that the
compliments are entitled to their share of the
produce Of the Book Concern and a decree
will be ordered accordingly. Whether the funG
shall be administered by an application of the
produce pro rata CO by the apportionment of the
capital, are questions reserved until the settle
ment Of the decree"
The decision concludes by expressing The
hope that an arrangement may yet be effected
in spirit Of harmony and Christian feeling with
out the legal enforcement of the decree.