The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-13

business should be regularly paid "fsr the relief
of distressed travelling pre- schers for thsfsmies OF
travelling chers, and for the supsrannua ted and
worn out preachers. and the widows and orphans OF
preachers"
We have thus stated what we regard the nate.
rial parts Of the bill and ans wer A good deal Of
documentary proof was read on the hearing; but,
upon the view have taken of the case, it win not
be necessary to refer particularly to it, except as
stated in the course Of this opinion, as most If not
all the facts material to be noticed not nat
ters of serious dispute. Indeed, the bill and aniwer
present most of the facts upon which our opinion
will be founded.
The compliments include travelling, s1pe,uu.
merary, and superanuated preachers, belonging to
the travelling connection Of preachers in the Metho
dist Episcopal Church, South, representing ia this
suit numerous body in that connection; ard claim
their proportionase share in the profits Of the Book
Concern which this description Of persons COZ.
fessedly entitled to before the division of the Me
thodist Episcopal Church into two distinct oryaniza
tions took place, under the plan of separation Of
1874. This Book Concern was established alta very
early day, by the travelling preachers in c9nne'.
ton with that church, and the profits to be 6rived
therefrom devoted by them to the relief of then dis
tressed, supernumerary, and worn out brethren,
their widows, and orphans. The establishment was
small at first, but a. present, is of very arge
capital and Of extensive operations, producing treat
profits, to be applied in behalf of the objects 6the
charity. 1t has, doubtless, been conducted with
great judgment and prudence, by the agents in The
immediate charge of it; but its growth and present.
magnitude are not less owing to the labors and To-
votiOn of the body of travelling preachers, Who
have always taken the principal charge Of the cir
lation and sale Of the books ia the Methodist con-
nection throughout the United States, accounting
to the proper authorities for the proceeds.
The travelling preachers of this church were tie
founders of the charity, and have designated tie
objects and purposes to which it shall be applied;
and, If it is, at any time, wrongfully withheld by
those in the immediate charge of it, or diverted
from the objects designed by the founders, it /
the duty of the Court to interfere and enforce thu
execution Of the trust
The foundation of this charity is peculiar and
novel, differing essentially from the cases of thi
description that have heretofore fallen under the
equitable Jurisdiction Of a court of chancery The
travelling preachers are both the founders and the
benefciaries. They are the projectors of the cha
ritabe fund, and, according to the constitution
under which the endowment was made, also enti
tied to its proceeds
We do not perceive, however, that these cons-
derations can in any way affect the nature cha
racter Of the interest Of the com painants or
fers upon them title 10 the enjoyment of their
proportion Of the proceeds superior to that of be-
son has made the endowment in the ordinary way
Tor charitable and pious uses, that 1t be ad
ministered upon any other principles than those
governing courts of equity in this class of cases
For, according to the original constitution Of this
fund by the founders, who had right to prescribe
the terms and conditions upon which the proceeds
or profits should be distributed and the persons to
whom, and, which, when prescribed, furnishes the
profits have been devoted to the relief Of distressed
travelling, supernumerary, and out preachers
in the connection of the Methodist Episcopal Church.
their widows and orphans; and to entitle the COM
plainants, and those they REPRESENT to the enjoy
ment, they must bring themselves within the des-
criRtion.
this body with the original establishment, and SUBJ
sequent growth Of this fund.- as portion of its
founders, give to their claims peculiar merit,
which cannot but impress upon the court anxiety
SO to administer it as to secure to them the benefit
Of the fruits of so sacred trust, if reasonably
sistent with the rules and principles Of equity, and
intent Of the original founders
The bill brings the compliments clearly within
the description of persons entitled to distri button
of the proceeds of the fund.- and the main question
IN the case, therefore, arises upon the answer and
proofs in support oft.
II is insisted,
l. That the revolutions Of the General Confe-
renee Of 1874, when properly understood, do not
impart an unqualified assent Of that body to q dv-
sion of the Methodist Episcopal Church into two
separate and distinct organizations, or churches;
that the assent thereby given was conditional and
contingent, and that the onditons we're not COM
piled with, nor has the contingency happened.
That, II otherwise, the General Conference was
not possessed of competent power and authority to
assent to or authorize the division. And,
3. That the division, therefore, that took place,
was nullity; and the separate organization q
wrongful withdrawal and disconnection from the
mem bershir, communion, and govern nent of the
church, by reason OF which the travelling, supernu
merary, and worn out preachers composing the
separate organization taken out OF the descrp.
tion Of the benefciaries Of the fund
There were some other matters brought into view
IN the course OF the argument, which we may no.
tice hereafter; but the above positions present the
main grounds upon which the defence rests.
l. AS to the resolutions, or plan OF separation, as
they are usually called.
The fret one declares, that, should the annual
conferences 1.-THE slaveholding States find it neces-
sary TO unite in distinct ecclesiastical connection,
the following shall be observed with regard to the
northern boundary of such con nection. All the
societies, stations and confer ences adherng to the
church in the South by a vote Of the majority Of
the members, shall remain under the unmolested
pastoral care Of the Southern church and then fol-
lows q mutual stipulation that each church shall
abstain from Organizing churches societies with
in the boundaries of the other; and also, from ex
ercsing any pastoral oversight therein.
The second, that ministers, local and travelling,
Of every grade ard office in the Methodist l. pisco
church, or without blame attach themselves to tho
Church South.
The ninth resolution declares, that all tho pro.
Ierty OF the Methodist Episcopal Church, In meet
ing houses, personages, colleges schools, confer
ence funds, cemeteries, and Of every kind, within
the limits Of the Southern organization, shall be
free from any claim set up on he part Of the Me-
thodist Episcopal Church, SO far as this resolution
can be OF force in the premises.
The third IL q recommendation to the annual
conferences, at their pproa,hing sessions, 70 au-
thorye charge of the restrictive article Of the fun
eamental law CT TIE church, which we shall have
occasion to examine with some particularly in
another braboh Of this case, and which prohibited
the General Conference from appropriating the pro-
euce of the Book Concern to any other purpose
than for the benefit Of the travelling supernumerary
ard worn out preachers, their widows and orphans,
without the concurrence Of the annual conferences.
The change recommended was to add to the
clause of limitation, "and 10 such other purposes
as may be determined upon By vote Of twO-thirds
Of the members Of the General Conference"
The object Of recommending this change, was to
enable the General Conference to proceed at once,
and make an equitable division Of the property and
effects belonging TO the Methodist Episcopal
Church, as then organized, between the two sepa-
rate organizations, which had been authorized in
the preceding resolutions. For this purpose, the
heat resolution provided that soon as the annual
conferences shall have concurred in the recon-
nendation. toe agents at New Nosk and Cincin-
tad were directed to deliver over TO the agent Of
the Church, South, all notes, Sc against the
n inistcfs, members, or citizens within It's boun-
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