The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-05-28
Tho Methodist Church Case.
SIXTH DAY.

The Methodist Church Case.
SIXTH DAY.
On Monday, in the circuit court at New York
M. Choate made most eloquent argument foI
the defence. Having publishcd the formal points
assumed BY tho compliments. we subjoin those
taken for the defence. They are ~ toilows;
!. The Methodist Episcopal Church IL religious
society established for the promotion and spread o!
Christianity, organized in 1854 as an episcopal
church independent Of the English episcopacy;
and prjoy to the secession hereinafter mentioned,
extended through every part OF the United States
II. Said religious society or institution existed
under and subject to the law Of public or charta-
BILE uses.
iii. The government and discipline of the socie
ty prior TO 1908 was under the jurisdiction and con
troll of district annual conferences. hold in each
OF The several districts into which the territories
within their limits were divided-composed of the
clergyman within their respective districts; and
from the proceedings OF those bodies generally an
appeal lay to general convention, consisting OF
the ministers, comprising the annual conferences;
and which convention exercised original az well as
appellate powers.
Nv. Property consisting of real and personal es-
tate, commonly known aud distinguished as the
Book Concern has been, and still il, held by trus-
tees, subject to the management OF said ecclesias-
cal jurisdictions Of the Methodist Episcopal Church,
which is subject to the use following viz to be APP
propriatcd for the benefit Of the travelling super
nuInernry, superannuatcd, and worn.out preach
ers their wives, widows, and children"
v. The said Book Concern was originally COM
been held. more especially since 1908, in connex-
ion with and in subordination to, the judicatorics
Of the Methodist Episcopal Church, who are the
managers Of the charity.
vi. The Methodist Episcopal Church, through Its
annual conferences. as such managers. cannot be
deprived of their power and control said funds
unless guilty Of q breach Of duty. established by
the decree Of a court Of equity.
IN frly1f .
and proceeds theebof to the Methodist Episcopal
Church and its judicatories, and bound to pay
over said income, in fulflment Of the trust under
their management and direction, to the benehci-
aries.
VIII. The benefciaries- wit, the travelling su-
pcrnumerary, and s6perannuated preachers bo-
longing TO the Methodist Episcopal Church, and
their families, have no estate in. or right to, the
said funds, or the income thereof, otherwise than
a. the same are given out to them from time to
time in the administration Of the charity.
TX Said trustees not under the control or di-
rcction Of the persons who may have contributed
tothe charity, and who thereby irrevocably parted
with the same.
<. The members in the southern annual confer.
ences or districts who left the general conference
in 1874, and subsequently formed new genera
conference, and separate ecclesiastical jurisdic
ton, under the name Of the Methodist Episcopal
Church South, seceded and separated from the
Methodist Episcopal Church, and are no longer In
connection with the Methodist Episcopal Church
which is now composed of that portion of the former
members who remained in it, and are identified
with it,
l. The general conference who adopted the re-
port of the committee Of nne-a plan Of scparation
so called-had no power to act in the premises.
2. Said report did not authorize such separation,
but was prospective, and was accompanied with
conditions and terms that have not been complied
with.
3. There was no cause of complaint against the
action Of the general conference to render separa
ton necessary expedient; their general actor
(and more especially in the case of Bishop Andrew
'Nseing warranted by the rules and usages OF ths
i&,hurch.
A. There was a special agreement about thu
property in question which should govern. III thu
action Of the general conference is avaiable,) in
virtue Of which agreement the plaintiffs under the
facts of the can have no right thereto.
XII. The secession of the members newly organ
lied separate Church, If it had been Legitimate
and fully authorized, and with the entire consent
ofthe Church, would not entitle them to any por.
ton of said funds without an express agreement tc
that effect sanctioned by court of competent ju
risdiction.
XII The plaintiffs are not entitled to any relic
prayed for in their bill.
Mr.. Choate (says the Commercial AdUertiser) WA
evidently enfeebled by illness, but, as he warmed
in the progress of hs argument, he delivered many
passages Of singular eloquence and beauty, which
were applauded by the audience, far as they
could venture TO do 60 without disturbing the de
corum Of the court.