The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-06-05

flow Of Lake Winnpiseogee, among the hills of
New Hampshire, would be likely to sweep over
the plantations Of South Carolina.
In relation 70 the case ofthe Rev. Mr.. Harding.
he COMMENDED that the action ofthe Baltimore Con.
ference did not affect the condition of the Metho.
dist clergy of the Southern States. That conference
was an anomalous one. 1t was on the frnnt;er
and comprised Of free States as well as Maryland'
and the discussions were always, of necessitv.
sharper and fiercer than elsewhere.
The truth was, the sole ground on which this
secession was declared and carried out was the
action Of the General Conference in the matter of
Bishop Andrew. He argued that it was mot tine
that that gentleman was suspended from the office
OF bishop. There were two classes of opinion.
both in the South and the North, on this subject
One was that the resolution amounted merely to
an expression of wish that he would retire, d.
| r1nte smpsdtmento from the exercise of the duties
Of his office but that it was left to his own udp.
ment whether he would do so or not. Some. on
| the other hand, regard it as a command. But what
| sort Of command can this be said to be, where
the party utterng the language in question, uno ct
60 dem ata declare it to be merely their general
| sense, and carefully abstain from any thing like
positive exercise OF authority?
If this was Interpreted as he expected the Court
would interpret it to be merely the expression of
| wish he submitted, that the Conference did not
transcend its constitutional powers
The question OF law being settled, we were then
| to inquire whether such an outrage was committed
under forms Of law. as would warrant IL, foro con-
setcntio the secession OF the plaintiffs Who was
it that attempted the introduction of substantial
innovation into the forms and usages of the Meth
odist Episcopal Church! Was it the delegates
from the free States ? No. 1t was the established
and well settled practice of the church for sixtv
years, that stakeholder should be elected to the
office of bishop And although the actual diff
Guilty arose in the case of an individual who had
become stakeholder after he had entered on the
performances Of Episcopal duties, the principle
was the same. Bishop Andrew was nominated
and elected, precisely because he was not slave
holder, and when he changed his condition the
| innovation was on the part OF the South.
| Out of nine bishops elected for the past sixty
years, seven had been Southern men, And so far
from 1t being social injustice never to elect
STAKEHOLDER to the office of bishop, it was nothing
IN the world but carrying into effect the general
/ rule which the Methodist Cherch has acted upon
| since 1854. Every man and woman entered the
church with the knowledge that that was the es.
tablished law Of election. In haze fedora pen;sti
IS the answer to the whole argument of the plain
tiffs The North were no innovators at all. They
were standing in the old paths, carrying out the
| old laws under which everybody in the church had
entered it, All they did was to apply the old prin-
cples to new facts. If under the law candidate
could not hold slaves, was it to be supposed that
the moment after his election he might take such
property?
The ground taken for the plaintiffs is that it was
| too late for the Conference of 1874 to suspend
| minister from his office, because he became DOS
sessed of slave property. They say that COM
promise made in 1900, when the resolution
was passed that travelling preacher should exer-
else ministerial functions so long he held slaves
provtded the laws Of the State in which he lives
admit of manurnssion. And the question will then
be for this Court to determine whether the words
travelling preachers comprises bishops
Mr.. Choate here read from various parts of the
L of Mi md Sc IL
OF the various conferences, to show that the usus
foquendt OF the church makes positive distinc-
ton between bishops and travelling preachers
He cited Dwarris on Statutes, 100, to show the
common law rule OF Interpretation, and was pro-
ceeding in this line Of argument when we left.
Through the kindness Of the Hon. Mr.. Ewing,
we have been furnished with the formal points
taken Tor the defence, which are as follows
| l. The Methodist Episcopal Church is religious
society, established for the promotion and spread
of Christianity, organized in 1884 as an Epsco pal
Church independent of the English Episcopacy ;
and prior to the secession hereinafter mentioned
extended through every part of the United States
2. Said religious society or institution existed
under. and subject to the law of public or CHART.
able uses
prior to 1908, was under the jurisdiction and con-
troll of district annual conferences held in each
OF the several districts into which the territories
within their limits were divided-composed of the
+ cergymen within their respective districts and
from the proceedings of those bodies generally an
appeal lay to General Convention, consisting OF
| the ministers comprising the Annual Conferences
| and which Convention exercised original, as well
| as appellate powers.
FL d. Property consisting of real and personal es-
tate, commonly known and distinguished as the
Book Concern, has been, and still is, held by
teal jussdie e &C. q ne Ms6odisi Erseona
Church, which is subject to the use following,
viz: 10 be appropriated " for the benefit of the
travelling supernumerary, and superanuated and
WORKOUT preachers, their wives, widows and chill.
dren.
S. The said Book Concern was originally com.
menced by the travelling preachers, and it has
been held, more especially since lS08 in connec.
ton with and in subordnation to, the judcatories
OF the M. E. Church, who are the managers of the
charity.
6. The M E. Church, through its Annual Con.
lerences, as such managers, cannot be deprived OF
their power and control over said funds. unless
guilty of breach of duty, established by the de-
cree of a court of equity.
| 7. The trustees are accountable for these funds
and proceeds thereof, to the M E. Church. and its
Judicatores, and are bound to pay over said in
come, In fulhlment of the trust under their man.
agement and direction, to the benefciares.
.. The benefciaries, towit, the travelling super
nunerary, and superannuated preachers belonging
to the M. E. Church, and their families, have nc
estate IN, or right to, the said funds or the income
| thereof, otherwise than the same are given out
to them from time to time, in the administration o.
| the charity.
8. Said trustees are not under the control O,
direction oil the persons who may have contributed
to the charity, and who, thereby rrevocaby parted
| " It'll the same.
10. The members in the Southern Annual Con
ferences or Districts, who left the General Confer
ence in 1874 and subsequently formed new Gen.
eral Conference. and separate ecclesiastical juris
diction, under the name of the Methodist Episco
pal Church, South, seeded and separated from the
Methodist Episcopal Church, and are no longer il
connection with the M. f. Church, which is now
composed oil that portion of the former members
who remained in it, and are identified with it.
First The General Conference, who adopted the
report OF the committee Of nine-a plan of separa-
ton so called had power to act in the premises
Second, Said report did not authorize such sep
araton, but was prospective, and was accompanied
with conditions and terms that have not been com
piled with.
Third, There was no cause of sompleint against
the action Of the General Conference to render q
separation necessary or expedent; their genera
action, and more especially in the case of Bishor
Andrew, being warranted by the rules and usage,
of the church.
Fourth, There was special agreement abou
the property in question, which should govern, ii
the action Of the General Conference is available
in virtue OF which agreement, the plaintiffs undel
the facts Of the case, can have no right thereto.
II IL. The secession OF the members newly organ
lied as separate church, if il had been Legitimate
and fully authorized, and with the entire consen
of the church, would not entitle them to any por
ton of said funds, without an express agreemen
to that effect sanctioned by court of competen
jurisdiction.
IL. The plaintiffs are not entitled to any relic
prayed Tor in their bill.
Mr.. Choate was evidently enfeebled by illness
| n q n he Of