Arkansas democratic banner., 1851-12-09
Decision in the Great Methodist Case.

The New York Commercial Advertiser gives the following extract of the final decisions in the great Methodist church case-an act of justice
 long delayed:
 U. s. CIRCUIT CouRr--Before Judges Nelson and Betts. H. B. BaScom and others vS. George Lane and others. The opinion of the court Tn this case delivered this morning by Judge Nelson, and we may now expect that the controversy be- tween the Methodist Episcopal church, and the Methodist church. South in relation to the division of property will be definitely settled The case was argued several months ago by George Wood and Rufus Choate, for the defendants, and Hapiel Lord and Reyerdy Johnson, for the complanants. We reported the facts at considerable length at the time, and it is therefore unnecessary to re- capitulate them. The opinion of the court IS voiumnious, and occupied an hour and half Tn
 4s delivery. Judge Nelson requested that it's pub
 cation might be deferred until to morrow, as he desired in the time to revise the proof sheets, but there will be such general anxiety to know the result, that we give the substance of the de- eison today
 The greater part of the document consists of a summary of the complaint and answer. The first point considered IS the power of the general con- ference to authorize a separation, and this the court held 10 have been clearly shown. "inde- pendent of property" they say, "ihe power of severance is written upon every page of their pro ceedings," They then advert to the plan of sep. aration in iSi4, by which the only condition upon which permanent separate organization was made to depend was the voluntary action of the annual conferences ih the Slayeholding States. These conferences detefmined upon the separation, and ipso fdcto it became complete. It was stipulated
 in the plan of severance that ministers might attach themselves lcith0at blatne 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 as notes, the Book Concern, etc, was reserved for disposal upon equitable principles after further consideration, it being considered essential before this part of the division could be accomplished, that two-thlrds of all the annual conference, North and South, should consent to the repeal of the sixth restrictive article Of the Church. This arIcle not having been so repealed the court held that II there was no other consideration in the case, the NJ. F. Church, South, might not perhaps be entitled to share of property.
 But, the rights of the church, South, rests upon established principles of law and equity, which make ii the duty of a court of chahcery to inter
 fere and see that the fund is properly distributed, especially as 1t IS by no means certain that the distribution claimed would be even in contraven- tion of the sixth restrictive article. What have the travelling preachers of the South done to de prive themselves of their rights in the fundl It was agreed all hands that two distinct ecclesl astical organizations, though idenhcally the same
 in faith and discipline, necessary for the pro
 motion of their holy mission "to spread gospel holiness through these lands," and by the pan of separation, ministers were permitted to attach themselves to either without blame. The com plainants are not only within the description, but
 are among the very persons designed by the spirit If not by the letter of the article
 "Upon the whole; our conclusion is that the compliments are entitled to their share of the pro ddce of the Book Concern and decree will be ordered accordingly. Whether the fund shall be
 administered by an application of the produce pro rata or by the apporiionment Of the capital, are questions reserved until the settlement of the decree"
 The decision concludes by expressing the hope that an arrangement may yet be effected in spirit of harmony and Christian feeling, without the legal sn nf the deerep