The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1851-11-15
From the Nsp York Times.
LEGAL DECISION.
The Methodist Episcopal Church.
THE CHURCH NORTH AND SOUTH,
DECISION OF JUDGE NELSON.

DECISION OF JUDGE NELSON.
In the United Staets circuit court on Tuesday
Judge NELSON pronounced the following abl'
and interesting decision in the case of Henr!
b. Bascom and others VS.. George Lane am
Others, in Equity:
The complainants state in their bill, that be
fore and on the eighth day of June, l84S, there
existed in the United States of America, a vol
untary association known as the Methodist
Episcopal Church, not incorporated. but CON.
posed of seven bishops, four thousand eight
hundred and twenty-eight preachers belonging to
the travelling connection; and, in bishops, min
listers and membership, about one million one
hundred and nine thousand nine hundred and
sixty, then being in the United States and terri
tories thereof, united and holden together in one
organized body, by certain doctrines of faith and
morals, and by certain rules of government and
discipline. That the general government OF this
church was vested in one body called the Gen.
eral Conference, ard in certain subordinate bod
les called Annual Conferences, and in bishops,
travelling ministers, and preachers; and that the
constitution, organization, form of government,
and rules of discipline, as we'll as the articles of
religion and doctrines Of the church, were of
general notoriety; but for the more particular
information of the court, reference is made to a
printed volume, entitled "The Doctrines and
Discipline of the Methodist Episcopal Church !"
and the complainants alege that differences and
disagreements having sprung up between what
was called the Northern and Southern members,
in respect to the administration Of the church
government concerning the ownership of slaves
by the ministry of the church, of such charac-
ter, and attended with such consequences, as
threatened fearfully to impair the usefulness Of
the church, as well as permanently to disturb it's
harmony and, that it became question of grave
and serious importance whether a separation
ought not to take place by some geographical
boundary, so that the church should thereafter
constitute two separate and distinct Methodist
Episcopal Churches; and, thereupon the COM
plainants alege that at general conference OF the
church, holden according to usage and discipline,
at New York, on the eighth day of June 1874,
the following were duly adopted by
q majority of over three-fourths of the entire
body. As the principal question il the case
arises upon these resolutions, we copy them en-
tire.
RESOLVED, By the delegates of the several an
nual conferences, in general conference assem-
bled:
l. That should the annual conferences in the
slaveholding States find it necessary to unite in
distinct ecclesiastical connection, the following
rules shall be observed with regard TO the North.
srn boundary of such connection: All the socie-
ties, stations, and conferences, adhering to the
church in the South, by vote of majority OF
the members Of said societies, stations, and con.
ferences, shall remain under the unmolested
pastoral care of the Southern Church and the
ministers of. the Methodist Episcopal Church
shall in no wise attempt to organize churches or
societies within the limits of the Church South,
nor shall they attempt to exercise any pastoral
oversight therein; it being understood that the
ministry of the South reciprocally observe the
same rule in relation to stations, societies, and
conferences, adhering by vote of majority TO
the Methodist Episcopal Church provided also
that this rule shall apply only to societies, sta
tons, and conferences bordering on the line of
division, and not to interior charges, which shall,
in all cases, be left to the care of that church
within whose territory they are situated.
2. That ministers, local and travelling. Of every
grade and Office, in the Methodist Episcopal
Church, may, rs they prefer, remain in that
church, or, without blame, attach themselves TO
the Church South.
RESOLVED, BY the delegates Of all the annual
conferences in general conference assembled,
That We recommend TO all the annual confer
ences at their first approaching sessions, to au-
thoriLe a change Of the sixth restrictive article,
80 that the first clause shall read thus: They
shall not appropriate the produce Of the Book
Concern, nor Of the chartered fund, TO any other
purpose other than for the benefit or the travel.
ing, supernumerary, superannuated, and WORKOUT
preachers, their wives, widows and children, and
to such other purposes as may be determined
upon by vote Of two-thirds Of the members o
the general conference.
A That uhanavar thu animal cnnferanrp- hv
q vote Of three-fourths Of all their members
voting on the third resolution, shall have con.
CURED in the Recommendation to alter the sixth
restrictive article, the agents at New York and
Cincinnati shall and they are hereby authorized
and directed, 10 deliver over 10 any authorized
agent or apPointee Of the Church South, should
one be organized, all notes and book accounts
against the ministers, church, members, or cit'
zens, within its boundaries, with authority tC
collect the same for the sole use OF the South
em Church; and that said agents also convey Il
aforesaid agent or appontee Of the South, al
the real estate, and assign 10 him all the property
including presses, stock, and all right and inter
est connected with the printing establishments
at Charleston, Richmond, and Nashville, which
now belong to the Methodist Episcopal Church
g. That when Icp annual conferences shall
have approved Jresaid change in the sixth
restrictive ar here shall be Transferred u
the above /for the Southern Church q,
much Of Pital and produce Of the Method
list Boo hcern as will, with the notes, bool
account presses, &c, mentioned in the las
resolution, bear the same proportion TO tb
whole property Of said Concern, that the travel
ing preachers in the Southern Church shal
bear 10 all the travelling ministers Of tn
Methodist Episcopal Church. The division 4
be made on the basis Of the number Of travel
ing preachers in the forthcoming minutes
8. That the shove transfer shall be In thu
form Of annual payments Of $4,000 per an
mum, and specifically in stock Of the Book Con
Germ, and in Southern notes and accounts du
the establishment, and accruing as the frs
transfer mentioned above; and until the pay
ments are made, the Southern Church shall shar
in all the net profits of the Book Concern, in III
proportion that the amount due them, or in ar
rears, bears 10 all the property Of the Concern
4. That Nathan Bangs, George Peck, an,
James b. Finley be, and they are hereby ap
pointed, commissioners, TO act in concert witt