Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-11-15
DECISION IN THE GREAT METHODIST
CASE

U. S. CIRCUIT CoURT.-Beiore Judges Nelson and
Belts. T. B. Bascom and others vs.. George Lane and
others The opinion Of the Court in this was de-
liyered this morning by Judge Nelson, and may
now expect that theconuoversy between the Methodist
Episcopal Church, and the Methodist Episcopal
Church South in relation 10 the division of properly
will be definitely settled. The argued sew
eraI months ago by George Wood and RUFUS Choate
for the defendants, and Daniel Lord and .Reverdy
Johnson for the complainans. The opinion OF the
Court is vouminous, and occupied an hour and a
half in its delivery.
The greater part of the document consists of sum-
OF the complaint and answer. The fret point
considered is tine power of the general conference to
authroze separation, and this the Court hold to have
been clearly shown "Independent of property" they
say, the 'power OF severance is written upon every
page OF their proceedings" They then advert to the
pan of separation in 1874 by which the only condition
upon which permanent separate organization as
made 10 depend, was the voluntary action OF the
nual conferences in the slavehodiug states. These
conferences determined upon the separation, and ips0
tacto it became complete. 1t was stipulated in the
plan of severance that ministers might attach them.
selves without blame TO either branch OF the Church,
and the local property within the limits OF eacn branch
not to be claimed by the other 1ne general pro-
perry, such notes, the Book Concern, &c, was re-
erved for disposal upon equitable primo pies alter turhr
consideration, it being considered essential before this
part OF the division could be accomplished, that two
thirds OF all the annual conferences, North and South,
should consent 10 the repeal OF the sixth restrictive
fcle of the Church. This article not having been SO
repeated, the Court held that if there other
Iteration IN the case, the M. Il. Church, South,
might perhaps be entitled TO share OF the properly.
But the rights oil the Church South, rest upon es-
tablizhed principles of law and equity, which make
the duty of court of Chancery interfere and
tnat the fund is properly distributed especially as
j. by means certain that the distribution claimed
would be even 10 conrayention of the six restrictive
article. What have the travelling preachers of the
South done to deprive themselves Of their rights in he
fund.- 1t was agreed on all hands that two distinct
ecclesiastical organizations, though identcay the
faith and discipline were nece airy for the promotion
OF their holy mission o spread gospel holiness through
these lands, and by the plan of separation, min steGs
wsre permitted to attach Themselves TO either without
bls ne. The cenplanans are not only within the de.
scfption but are among the persons designed by
the spirit il not by the letter OF the article.
Upon the whole, our conclusion IS, that the com
plainants entitled 10 their share OF the produce OF
Inc Book Concern and decree will be ordered aecor-
dngly Whether the fund shall be adm Mustered by
application oftne produce pro rata or by apportion-
of the capital, are questions reserved until the
settlement OF the decree"
The decision concludes by expressing the hope thai
an arrangement may yel be effected in spint OF har-
nony and Christian feeling, without the legal enforce
meni Of the decree.-N T. Com