The southern press., 1851-06-04
THO MethodIst Chnrch Case,

On Monday, in the circuit court at New
York, Mr.. Choa'e made an argument for the
defence. Having published the formal points
assumed by the compliments, we subjoin those
taken for the defence. They are as follows
l. The Methodist Episcopal church is a re-
ligious society, established for the promotion
and spread of Christianity, organized in 1854 as
on episcopal church independent of the English
episcopacy; and, piior to the secession herein
after mentioned, extended through every part.
of the United States.
Ii. Said religious society or institution ex-
listed under and subject to the law of public or
charitable uses.
Ill The government and discipline of the
ociety prior to 1903 was under the jurisdiction
and control of district or annual conferences,
held in each of the several districts into which
the territories within their limits were divided
composed of the clergymen within their respec-
tive districts; and from the proceedings of
those bodies generally an appeal lay to gen.
era convention, consisting Of the ministers,
comprising the annual conferences; and which
convention exercised original as well as appel
late powers.
w. Property consisting of real and personal
estate, commonly known and distinguished as
the Book Concern, has been, and still is, held by
trustees, subject to the management of said &C.
CiesiistlCui Vi NleIlOQSb Epls-
copal church, which is subject to the use follow
ing, viz: to be appropriated " for the benefit Of
the travelling supernumerary superannuated,
and worn-out preachers, their wives widows,
| and children"
V. The said Book Concern was originally
commenced by the travelling preachers, and it
has been held, more especially since 1908, in
connexion with, and in subordination to, the ju-
dicatories of the Methodist Episcopal church,
who are the managers of the charity.
vi. The Methodist Episcopal church, through
it's annual conferences, as such managers, cannot
be.depriyed of their power and control over said
funds, unless guilty of breach of duty, estab-
lished by the decree of court of equity.
VII. The trustees are accountable for those
| funds and proceeds thereof to the Methodist
Episcopal church and its judicatories and are
hound to pay over said income, in fulhment of
the trust under their management and direction,
| to the benefciaries.
Will The beneliciaries-to wit, the travelling,
supernumerary, and superanuuated preachers
belonging to the Methodist Episcopal church,
and their families have no estate in, or right to,
the said funds, or the income thereof otherwise
than as the same are given out to them from
time 10 time in the administration of the charity.
| TX. Said trustees are not under the control or
direction of the persons who may have contr-
buted to the charity, and who thereby irrevocably
parted with the same.
X. The members in the Southern annual con-
ferences or districts, who left the general con-
ference in 1874, and subsequently formed new
general conference, and separate ecclesiastical
jurisdiction, under the name of the Methodist
| Episcopal church South, seeded and separated
from the Methodist Episcopal church, are now
no longer in connexion with the Methodist Epis-
copal church, which is now composed Of that
portion of the former members who remained
in it, and are identifer with it.
!. The general conference who adopted the
report of the committee of Dine-a plan of Sc
paration so called-had no power to act in the
premises.
2. Said report did not authorize such separa-
ton, but was prospective, and was accompanied
with conditions and terms that have not been
complied with.
8. There was no cause of complaint against
the action Of the general conference TO render
separation necessary or expedient; their gene raj
action (and more especially in the case of Bishop
Andrew being warranted by the rules and US
ages Of the church.
4. There was a special agreement about the
property in question which should govern, Gf
the action Of the general conference is avaiable)
in virtue of which agreement the plaintiffs
under the facts of the case can have no right
thereto.
XI. The secession of the members ncwly or.
ganized asia separate church. if il had been leeti-
mate and fully authorized, and with the entire
consent of the church, would not enttle them
to any portion of said funds without an express
agreement to that effect sanctioned by court of
competent jurisdiction.
XII. The plaintiffs are not entitled TO any re-
lief prayed for in their bill.
Mr.. Choate (says the Commercial Adrertiser)
was evidently. enfeebIed by illness, but, as be
warmed in the progress of his argument, he de-
livered many passages Of singular eloquence and
beauty, which were applauded by the audience,
so far as they could venture to do so without
disturbing the decorum of the court.