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


effect, provisional and contingent, and were IN
tended to meet future emergency, that it was
supposed might arise in the Church between
the Northern and Southern members; and fur.
Their, that the said resolutions, called the plan OF
| separation, were not duly or legally passed
and that the general conference had no compe-
tent power or authority to pass or adopt the
same, except that portion comprising the recon-
mendation TO the annual conferences to change
the sixth restrictive rule and that the last named
resolutions, when adopted, where null and void,
and without any binding force, except as mat
ter of Recommendation. The defendants further
insist, that even had the so called plan OF sepa-
ration been constitutional and valid it merely
provided for prospective plan, which, without
the happening of certain future conditions, or on
the failure of which conditions, or either of
them, could not, by its express terms, nor was
it ever intended to have, any force or validity,
and is null and void. And that the same was
never ratified by the annual conferences named
therein and that the Southern annual confer
ences, have, in all respects, as to the Church
South, a,ted on their own responsibility, with
ont any authority from the general conference
of 1874.
The defendants admit that the resolutions set
forth in the compliments bill were adopted by
the convention of delegates from the annual con-
ferences in the slayeholding States, assembled
at Louisville, Kentucky, on the first OF May,
ls45: but they deny that the delegates comPris-
ing said convention were elected on the basis,
or according to the authority of the provisional
plan Of separation of 1874. And they insist that
the Methodist Episcopal Church, South, exists
as separate ecclesiastical communion, by the
actions and doings Of the individual bishops,
ministers, and members attached to such church,
proceeding in the premises on their own respon-
sibility; and that such bishops, ministers, and
members have voluntarily withdrawn themselves
from the Methodist Episcopal Church, and have
renounced all their rights and privileges in the.
communion and under her government
The defendants further admit that the council
bishops of the Methodist Episcopal Church,
called the Northern bishops in compliments bill,
met and adopted the resolutions therein stated.
They deny that this Church, as it existed before
the year 1874, or as it at any time existed, was
lawfully divided into two distinct Methodist
Episcopal Churches, as alleged in the said bill
but that the separation and withdrawal from the
Church, of portion of the bishops, ministers,
and members, were an unauthorized separation.
The defendants admits that before and on the
eighth day of June 1874, the Methodist Enis-
copalChurch owned and pc ssessed large amounts
of property in various parts of the United States,
and that the property, consisting OF the Book
Concern, with all houses, lots, machinery, print
ing presses, &c, is now, and always has been,
the property of the preachers belonging 10 the
travelling connection of the Methodist Episcopal
Church, and their families; but that, if such
preachers do not, during life, continue in such
travelling connection, and in communion, and
subject to the government of the said Church,
they forfeit, for themselves and their families, all
their ownership in, and all claim upon said Book
Concern and the produce thereof
They admit that all lands, property, and eff.
fects, pertaining to the said Book Concern, are
in the possession of the defendants, Lane d
Scott, as agents duly appointed by the general
conference
They admit, ALSO that the said Book Concern
was originally commenced by travelling minis
tiers of the Methodist Episcopal Church, on their
own capital with the desire, in the first place, Of
circulating religious knowledge, and by whom
it was surrendered to the ownership Of all the
travelling preachers in full connection, and made
subject TO the control of the travelling preachers
in their general conference and that it was
agreed from time to time, the profits arising
from the sale of the books should be applied to
pious and charitable objects, but principally to
the support Of travelling ministers and their
families, until, in the general conference of 1896,
il was determined that the said moneys should
in future be applied wholly to the relief Of
travelling preachers, including such Of them as
were superannuated, and the widows and or
phans Of such as were deceased and that il was
resolved in that conference that the produce of
the sale of the books, after the book debts were
paid and sufficient capital provided for carry.
ing on the business, should he regularly paid
for the relief of dstre ssed travelling preachers
| 60 tha IA of I'D Co
the superannuated and worn out preachers, and
the widows and orphans of preachers"
We have thus stated what we regard the ma.
terial parts of the bill and answer. A good deal
Of documentary proof was read on the hearing
| but upon the view we have taken Of the case, II
will not be necessary 10 refer particularly TO il,
except as stated in the course of this opinion,
most IL not all of the facts material to be noticed
are not matters Of serious dispute. Indeed, the
/ bill and answer present most Of the facts upon
which our opinion will be founded.
| The compliments include travelling super
numerary, and superannuated preachers, belong.
| ing 10 the travelling connection Of preachers In
the Methodist Episcopal Church South, repre-
senting in this suit, numerous body in that
connection, and claim their proportionate share
in the profits Of the Book Concern, which this
description Of persons were confessedly entitled
10 before the division Of the Methodist Episcopal
Church into two distinct organizations took
place, under the plan of separation Of 1874.
4 This Book Concern was established at a very
early day, by the travelling preachers in connec-
ton with that church, and the profits TO be de-
rived therefrom devoted by them TO the relief Of
their distressed supernumerary and worn out
brethren, their widows and orphans The es
Enlistment was small at first, but at present is
one Of very large capital, and Of extensive
operations, producing great profits 70 be applied
in behalf Of the objects Of the charity. II has,
doubtless, been conducted with great judgment
and prudence by the agents in the immediate
charge Of il; but its growth and present mag
ntude are not less owing 10 the labors and de-
] votion Of the body Of the travelling preachers,
who have always taken the principal charge Of
the circulation and sale Of the books in the
) Methodist connection throughout the United
States, accounting TO the proper authorities for
! the proceeds.
The travelling preachers Of this Church were
L