The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-06-06
Methodist. Church Case in New York

Methodist. Church Case In New York.
SEVENTH DAY.
The court room was again crowded this morning,
though not quite so denseiy as yesterday.
Mr.. Choate resumed his argument nv saying that
if on review of the Conference of 1882, The Court
should be of opinion that it has been clearly estah
lished as an historical fact that it was alb Orgine
clothed with absolute power, it then becomes a
question whether the General Representative Body
Of 1908 was meant by its constituents to be clothed
with the power of dividing the church. He could
discern no trace of intention to confer such power.
The language of its constitution was simply it
shall have power to make needful rules and regu-
atons for the church." However broad and COM
prehensive the terms in which this body was origi-
mated, it must be construed Secundum materidm
Is the power to dsmember body TO be implied in
the power TO make rules and regulations for its gov-
eminent and guidance!
Mr. Choate here alluded to the case in the LIST of
Peters, cited by Mr.. johnson, and argued that
there was no analogy whatever between the pow
ers of che Federal Government and those of the
General Conference of the Methodist Episcopal
Church
Z He cited a passage from the second volume OF
Bangs History, page 229, to sustain his view of the
powers OF conference, and argued that they were
restricted from dividing the chIrch. They were
prohibited from changing the articles of religion,
and was it to be supposed that they were desgne
to have the power to dismember the church +!
So much for the law of 160S, Now what has
occurred since then, affecting this subject! Only
three things, the Canada case, the action of the
Conference of 1874 and of thai of 1S4S As to the
Canada case, it could not be considered TO have
much to do with the Methodist Church in the Uni
ted States. Mr.. Wesley had severed his connection
with the old church of England with reluctance,
and it was only from the most absolute necessity
that he granted to the Methodists of this country
The privilege of forming an independent church.
The resolutions of any body of American ministers
could not, proprio uigore, have any control over
their Canadian brethren.
The tie was only conventional. He cited case
In the I'd of DEMO TO show that two churches, en-.
rlrely independent of each other may form league
Of union without minging together, and may dis
solve that connexon without schsm. The con.
.nexion between the Canadian and the American
churches was Just such union as this, and the acl
treaty of compact clearly shows this to have been
their deliberate opinion. He submitted that no
fair legal historical inquirer could doubt that this
view OF the Canada case was correct.
In regard to the proceedings of 1874, the Con-
ference OF that year was composed of del gates
elected in the ordinary way, without any special
reference to the division of the church. There is
not partc of evidence that in their preparatory
studies, in their Annual Conferences, in the in
structons of their constituency, they were all pre-
pared for such a solemn and important act. The
Conference of lS48 was composed OF men who had
cooled from the angry discussions Of the previous
meetings. Public opinion had ripened, and their
action was more deliberate, and entitled to some
consideration.
Mr.. Choate examined the case of - as. Arm.
strong, Ben. Monroes Rep. 507, which had
been cited by Mr.. Lord for the plaintiffs.
He next proceeded to the discussion Of the point
that these plaintiffs, having voluntarily abandoned
the organization of the Methodist Church, have
forfeited their right to any proportion of the funds
of the Book Concern. Il was the original plan o
that Institution to appropriate its profits to what il
law must be termed charitable use. From 179t
| to the present day that has been the law unde
| which it has been conducted. The beneiciaries o
| this are the superannuated and worn ou
preachers, their widows and orphans, as we say
| remaining in connection with the Methodist Epis
copal Church. The right of these benefciaries i.
not these plaintiffs claim, perfect right. 1t il
a right which is iachoated by coming within tn,
deStg a0tiO persO1iardDl, aid only maintained By
continuing to be comprised in the class specified a
bene6cares. The argument of the plaintiffs, tina
| the ministers, by selling the books, acquire lega
| property in the profits is mere theory OF socialism
and no importance could be attached to it in thi
court. 1t was an argument which every lahore
might urge to claim an interest in the goods of hi
| employer.
The only argument of the plaintiffs which h.
was able to appreciate, was that the old church j
gone and two ones founded on its site. Il
their view the ship had struck upon the rocks AM
gone to pieces, and every man is to seize plank
or whatever he can take hold of. They profess t.
treat this fund species Of joint stock company
and argue that it is dissolved by mutual consen
and that all the members are entitled to come i
for their share.
This is the theory set up by them in their argu
| ment-but the whole frame of their bill OF CON
plant contradicts and refutes the assertion In tina
they constantly treat the defendants as belongin
to the old Methodist Church co nomtae.
The plaintiffs have established no legal or eou
| table right to the funds they claim. The Geners
Conference did all that it could for them. 1t re
commended to the Annual Conferences to annul tn
sixth restrictive rule but they declined to acced.
This Court is not in the habit of looking to tn
consequences of its judgments, but it will admin
lister the law strictly. Aside from his mere pre-
fessional duty in this case, he might be permitted
TO say that there nothing a good man and
patriot should much desire this day as a re
union of the whole Methodist Church. He had n
means OF judging with accuracy of its probablt,
but he hoped for it, and believed it still possible,
the Court should refuse the prayer of the con
| plainants.
| There were thousands of Southern Methods,
still in the bosom of the Old church in Maryland
in Kentucky, in Western Virginia, in Arkansa
| and in Texas, and their constant desire was tha
this secession might yet be healed, and the glor
Gus fabric of Methodism in the United State
lt.r. tsu