Semi-weekly Camden journal. [volume] (Camden, South-Carolina) 1851-1852, 1851-11-18
From the New York Evening Express, Nov. H.
IMPORTANT DECISION.
Case of the Methodist Book Concern.


In the U. S. Circuit Court, Judges Nelson
and Belts upon the bench, decision was given
this morning, by Judge Nelson.
The Judge reviewed the various points IN
the case, referred to the fact that the Metho-
dist Church was organized in the United States
in 1854 under the superintendent and sover-
eighty of the travelling preachers, who, in Gen
eral Conference, were the whole power of the
Church, the lay members then and now, hav-
ing no voice in Church government.
Before this the Methodist Church was con-
duc:ed by John Wesley and his agents, and
the change was made by his assent and wish.
The Church was never incorporated but held |
together and kept organized by certain printed
rules.
The Plaintiffs say that the difference between
the Northern and Southern branches of the
Church, sprung up previously to 1914, as to |
the ownership of slaves. This breach threat
ened the safety of the Church. The question
arose in 1914 whether or not there should be
a separation, and resolutions were passed by a
large majority of the conference Of that year,
held in New York, deciding that should the
annual Conference in the Slaveholding States,
consider it best to separate, they might do so.
All the Southern annual conferences, were
in that event to be organized in separate
church to be called the Methodist Church
South" 1t was also decided that travelling
Ministers might attach themselves to either
Northern or Southern burch
The plaintiffs allege that the Conference had
this power, and this was confirmed in lS45 by
a council of Northern Bishops
The members were free to say what was the
best policy of accomplishing the great design
of the Master in whose service they were enga-
ged, the object being the spread of the Gospel.
The Court also thought that the idea that the
Church had but limited and prescribed powers
was erron sous. The Canada Conference was
originally part of the American Methodist
Church, but in 1928 was allowed to separate.
The Texas Conference was also brought into
the American Church. and in both cases b. the
act of the General Conference.
The Court considered that the complainants
had the same right as previously to the sepa-
ralion-that the claimants were still travelling
preachers, and their field of labor within their
original jurisdiction. Assuming that the Gen
eral Conference was unauthorized to make the
division, still the complainants were not depri-
we'd Of their rights to share in the fund, not
having forfeited 1t; it was not in law in the
power Of even the Conference to take it from
them.
The Court so concluded, but whether pro rata
or in proportio to the capital, is left for future
adjudication.
The Court also earnestly hoped that the dif.
fculty might now be amicably settled by the
parties interested. If the conclusions arrived
at should restore harmony in the Church, it
would not regret the labor which had been ex-
pended upon the case.
The Court also considered that the Trustees
of the Book Concern stood in the light of the
Benefcares of Il Charitable uud which had been
endowed by third parties. Accordingly to the
decision OF the original founders the proceeds
and profits had been devoted to their use, and
If they came within the regulations they were
still entitled to such proceeds and profits.
The Court desired to administer the law in
behalf of the claimants, their case exciting Pc
culiar sympathy. The plan Of separation in
1914 provided that there should be Il pao rata
distribution, and that each should have their
share 1t bore the impress Of good will and
good feeling, and was founded, SO far rs the
Court knew, on strictly equitable principles.--
1t was adopted by vote of l47 to % in
body where more than 1000 preachers were
represented.
As to the powers of the General Conference
the Court considered that they were as they
were originally, and that they were not aflec-
ted by being delegated to any lesser number,
the reduction of numbers, or the representative
principle, being necessary incident to the
growth of the country. They originally had
the power to make as many distinct organiza
tions as they pleased. The conference had
the same power in 1914 as in 1884, when the
whole body acted for itself.
The Church, the plaintiffs then say became
divided into two distinct bodies, Northern and
Southern, and that the South was entitled to It's
share Of the property belonging to the body.
The Church owned large amount of property,
among which was the N. Y. Methodist Book
Concern worth S75O,OOO, but the agents ofthis
concern as well as the principals refused to al
low any division.
The plaintiffs further say that part of them
are travelling minister's and that they and 1900
other travelling ministers have an interest in
this fund - that the church has about 400, 900
members South and that there are about $780,.
900 North.
The defendents, (Nfessrs Peck, Bangs and
others, agents of the Book Coucern,) acknowl |
edged the adoption of the Resolutions, but
state that they were intended to meet a contin.
pency which never occurred and that the plan |