The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-11-13

H4- 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;
DECISION IN THE GREAT METHODIST CASE
u, s. CiRcUIT CoURT.-Before Judges Nelson
and Belts H. Is. Bascom and others vs. 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 Method church, South, in re-
lation to the division of property will be defiin-
itely settled. The case was argued several
months ago by George Wood and Rutds
Choate, for the defendants, and Daniel Lord
and Reverdy Johnson, for the compliments. We
reported the facts at considerable length at the
time, and it is therefore unnecessary to recaptu-
late them. The opinion of the court is volum-
NOUS, and occupied an hour and half in its de-
livery. Judge Nelson requested that its publ
cation might be deferred until tomorrow, as he
desired in the mean time to revise the proof
sheets, but there will be such a general anxiety
to know the result, that we give the substance
of the decisions to day.
The greater part of the document consists OF
a summary of the complaint and answer. The
first point considered is the power of the gene
raj conference to authorize separation, and this
the court hold to have been clearly shown. SIN
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 1874, by which the only conditio
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 facto it became complete
1t was stipulated in the plan of severance that
ministers might attach themselves aoith0A blame
to either branch of the church, and the local pro-
perty within the limits of each branch was not
to be claimed by the other. The general pro-
perty, such as notes. the Book Concern, &C.,
was reserved for disposal upon equitable prin-
ciples after further consideration, it 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 80
repealed, the court held that if there was no
other consideration in the case, the M. E. Church,
South, might not perhaps be entitled to 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 contravention of the sixth restrictive article
What have the travelling preachers of the South
done to deprive themselves of their rights in the
fund! 1t was agreed on all hands that two dis
tlnet ecclesiastical organizations, though identi
caly the same in faith and discipline, were ne
cessary for the promotion Of their holy mission
"to spread gospel holiness through these lands"
and by the plan of separation, ministers were
permitted to attach themselves to either without
blame. The complainants are not only wi hin
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
complainants are entitled to their share of the
produce of the Book Concern and decree
will be ordered accordingly. Whether the fund
shall be administered by an application of the
produce pro rata or 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.