Weekly national intelligencer., 1851-11-15
DECISION IN THE METHODIST CHURCH CASE

In the u. s. Circuit Court, at New York, on
Tuesday, Judges NELSON and Belts being on the
Bench, the opinion of the Court in the case OF
II. b. Bdscom and Others VS.. George Lane and
Others was delivered by Judge NELSON, and we
may expect that the controversy between the Methods
Episcopal Church and the Methodist Episcopal Church
South, in relation to the division Of property will be def
ntey settled The argued several months ago by
GEoReE WooD and RuFUs CHoATE for the defendants ant
DANIEL LORD and REvERDr JOHNSON for the compainans
We reported the facts considerable length the e anc
it therefore unnecessary recapulate them The Com
mercal Advertiser gives the following summary of the de-
sision
The opinion Of the Court is voumnous and occupied an
hour and half in its delivery. The greater part of the do
consists Of summary Of the complaint and answer
The first point considered the power of the General Con-
ference to authorize separation. and this the Court hold
have been clearly shown Independent of property" hey
say the power of is written upon every page Of
their proceedings They then advert to the plan Of sepa-
ration ls44, by which the only condition upon which
separate organization made to depend the
voluntary action Of the Annual Conference in the savehod
ing States These Conferences determined upon the sepa-
ration, and po aco became complete It stipulated
in the plan of that ministers might attach them
selves wout blame to either branch Of the Church, and
the local property within the limits of each branch was not
to be claimed by the other The general property, such
notes. the book concerns &c., reserved for disposal
equitable principles after further considerations being con-
oereu essential before THIS part OF the division could be
compshed that wo-thds of all the Annual Conferences
North and South, should consent the repeal Of the sixth
restrictive article of the church. This article having
been repealed, the Court held that if there was no other
consideration in the case, the Methodist Episcopal Church
South might not perhaps bo entitled share of the pro-
pery But the rights of the Church South upon esab
lshed principles Of law and equity, which make the duty
of Court Of Chancey TO interfere and that the fund is
properly distributed, especially is by no means certain
that the distribution claimed would be n conravenon
Of the sixth restrictive article. What have the travelling
preachers of the South done deprive themselves Of their
rights to the fund 1t agreed on all hands that two
distinct ecclesiastical organizations, though denticay the
same in faith and discipline necessary for the promo
ton Of the holy mission ST spread gospel holiness through
these lands" and by the plan of separation ministers were
permitted attach themselves either without blame The
compliments only within the description, but are
among the very persons designed by the spirit not by the
letter Of The article. Upon the whole, conclusion s
that the companans entitled their share Of the pro-
duce Of the Book Concern and decree will be ordered
cordingly Whether the fund shall be administered by an
application of the produce pro rata by apporonmen
OF tie capital questions reserved until the settlement Of
the Decree"
The decision concludes by expressing the hope that
rangement may yet be effected in spirit Of harmony and
christian feelings without the legal enforcement of the decree