The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-05-30

- 49,. Wy. =. Illl
~ ue1Ae<1t ehng~A Goea.
On Maaday, = ~ sapsuM eosH etTtsw
York, Mr.. Chosse mAds N sygn14nt lbs ths
defence. Having publishsd the foEmai points
assaaned by the complainanta, we sahjoiA tAAss
taken fos Tho defense. Thsy ~ - fallows:
]. The Methodist Episcopal church Il ~
ligious society. sstablishsd fbr the promotion
and spread Of Christiaaity. organised Ia 1854 !.
episcopacy; and, prior 10 the secession herein
after mentioned. extended through every part
Of the United States.
! IL. Said religious society or institution e.
listed under and subject to the law Of public or
charitable uses
| Ill. The government and discipline OF the
society prior 10 1908 was under the jurisdiction
and control of dstrict Or annual conferenoee
held in each Of the several districts into whlch
the territories within their limits were divided
composed OF the clergymen within their respec-
tive distrcts; and from the proceedings Of
those bodies generally an appeal lay TO aen-
eral convention, consisting Of the ministers,
comprising the annual conferences and which
convention exercised original a. we'll al appel
late powers.
Nv. Property consisting of real and personal
estate, commonly known and distinguished a
the Book Concern, has been. and still il, held BY
trustees, subject to the management Of sad &C.
clesiassical jurisdictions Of the Methodist Epis-
copal church, which is subject to the use follow
ing, viz: to be appropriated . for the benefit OF
the travelling supernumerary, supeannuated,
and WORKOUT preachers, their wives, widows,
and children"
v. The said Book Concern was originally
commenced by the travelling preachers, and It
has been held, more especially aimee 1908, in
connexi0n with, and in subordnation To-. the iu-
dcatories Of the Methodist Episcopal church,
who are the managers Of the charity.
vi. The Methodist Episcopal church. through
its annual conferences, az such managers, cannot
be deprived of theirpower and contrul over ssid
funds, unless guilty Of breach Of duty, esaub
lished by the decree of court of equity.
VII. The trustees are accountable for those
funds and proceeds thereof to the Msthodkt
Episcopal church and its judcatories, and are
bound to pay over said income, ia fn6lment Of
the trust under their management and direction,
to the benefciaries.
! VIII. The benefciaries-to wit, the travelling.
supernumerary, and superanuuated preachers
belonging to the Methodist Episcopal church.
and their families, have estate in, or right to-
the said funds, or the income thereof, otherwise
than as the same are given out to them from
time TO time in the administration of the charity.
TX. Said trustees are not under the control or
direction of the persons who NAV have contri
buted to the charity, and who thereby irrevocaby
parted with the same
x. The members in the Sou .hern annual CON.
ferences or districts, who left the general con-
ference in 1874, and subsequently formed new
general conference, and separate ecclesiastical
Jurisdiction, under the name Of the Methodist
Episcopal church South, seeded and separated
frnnV I'm ,<h As.< H.
no longer in connection with the Methodist Epis-
copal church, which is now composed of that
portion of the former members who remained
in it, and are identiGer with it.
i. The general conference who adopted the
report of the committee of nine-a plan Of se->
paration so called-had no power to act in the
premises
2. Said report did not authorize such separa-
ton, but was prospective, and was accompanied
with conditions and terms that have not been
complied with.
g. There was no cause of complaint against
the action Of the general conference to render
separation necessary or expedient; their gene raj
action (and more especially in the case Of Bishop
Andrew being warranted by the rules and US
ages of the church.
d. There was a special agreement about the
property in question which should govern, (if
the action of the general conference is avaable,)
in virtue of which agreement the plaintiffs
under the facts of the case can have no right
thereto.
XII. The secession Of the members newly or.
ganized as separate church, if 1t had been legit-
mate and fully authorized, and with the eniire
consent of the church, would not entitle them
to any portion of said funds without an express
agreement to that effect sanctioned by court of
competent jurisdiction.
XII. The plaintiffs are not entitled to any re-.
lief prayed for in their BILL
MIR. Choate (says the Commercial Adpsrsiser)
was evidently enfeehed by illness, but, MS he
warmed in the progress of his argument, he de-
Ilvered many passages Of singular eloquence and
beauty, which were appauded by the audience,
80 far as they could venture to do 80 without
disturbing the decorum Of the court