The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1851-11-15

couTt--these proceeds and profits have been de.
voted to the relief of distressed, travelling, su,
pernumeraIy, and worn.out preachers in the con
nection of the Methodist Episcopal Church, theil
widows and orphaus and to entitle the com
plainants and those they represent, to the enjoy
ment, they must bring themselves within the
description.
We must add, however, that the connection
of this body with the original establishment
and subsequent growth of this fund, as por.
ton of its founders, give to their claims pecu
liar merit, which cannot but impress upon the
court an anxiety 80 to administer il as to secure
to them the benefit of the fruits of 80 sacred q
trust, if reasonably consistent with the rules
and principles of equity, and intent OF. the orig
nal founders.
The bill brings the compliments clearly
within the description Of persons entitled to a
distributor of the proceeds Of the fund; and
the main question in the case, therefore, arises
upon the answer and proofs in support of it.
1t is insisted, :, 49,. .
l. That the resolutions of the general confer.
ence of 1914, when properly understood, do no,
impart an unqualified assent of that body to a
division of the Methodist Episcopal Church
into two separate and distinct organizations or
churches; that the assent thereby given was
conditional and contingent, and that the condi.
tons were not complied with, nor has the con.
tiugency happened. .-
2. That, if otherwise, the general conference
was not possessed of competent power and au.
thority to assent to or authorize the division.
And, ..''. .."
8. That the division, therefore, that took place
was nulity; and the separate organization a
wrongful withdrawal and disconnection from the
IS 10
church, by reason of which the travelling, super
numerary and worn-out preachers, composing
the separate organization, are taken out of the
description of the beneficiaries of the fund.
There were some other matters brought into
view in the course of the argument, which we
may notice hereafter: but the above positions
present the main grounds upon which the de-
Tense rests.
l. As to the resolutions or the plan of sepa-
ration, as they are usually called,
The first one declares, that should the animal
conferences of the slaveholding States find it
necessary to unite in distinct ecclesiastical con.
nection, the following shall be observed with
regard to the Northern boundary of such con-
nection. All the societies, stations, and confer
ences adhering to the church in the South by a
vote of the majority of the members, shall re-
main under the unmolested pastoral care of the
Southern church and then follows mutual
stipulation that each church shall abstain from
churches or societies within the bound
aries of the other; and, also, from exercising any
pastoral oversight therein.
The second, that ministers, local and travel
ing, of every grade and Office in the Methodist
Episcopal Church, may, as they prefer, remain
in that church, or without blame attach them
selves to the church South
The ninth resolution declares that all the pro-
perty of the Methodist Episcopal Churches, in
meeting houses, colleges, schools, conference
funds, cemeteries, and every kind, within the
limits of the Southern organization shall be free
from any claim set up OH the part of the Meth
odist Episcopal Church, as far as this resolution
can be Of force in the premises.
The third is a recommendation to the annual
conferences, at their approaching sessions, to
authorize change OF the restrictive article Of
the fundamental law Of the church, which We
shall have occasion TO examine with some partic-
ularity in another branch Of this case, and which
prohibited the general conference from appro-
priating the produce of the Book Concern to any
other purpose than for the benefit of the travel
ing, supernumerary and WORKOUT preachers,
their widows and orphans, without the concur
renee OF tue annual conferences.
The change recommended was to add to the
clause of limitation, " and to such other purposes
as may be determined upon by vote of two
thirds of the members Of the general confer.
ence"
The object Of recommending this change, was
to enable thegeneral conference to proceed at
once, and make an equitable division of the pro.
perry and effects belonging TO the Methodist
Episcopal Church, as then organized, between
the two separate organizations, which had been
authorized in the preceding resolutions. For
this purpose, the next resolution provided that
as soon as the annual conferences shall have
concurred in the recommendation, the agents at
New York and Cincinnati were directed TO de.
liver over TO the agent Of the Church South, all
notes, &c, against the ministers, members, or
citizens within its boundaries, for the sole use
Of said church and, also, TO convey to such
agent all the real estate and other property, con.
nected with the printing establishments at
Charleston, Richmond, and Nashville, which
then belonged to the church and in the one fol-
lowing, that there should be transferred to the
said agent so much of the capital and produce
Of the Methodist Book Concern as would, with
the property and effects before mentioned. bear
the same proportion TO the whole property Of
the said concern, that the travelling preachers in
the Southern Church bore TO all the travelling
preachers Of the Methodist Episcopal Church.
The terms and mode Of payment were then
prescribed, and commissioners appointed to meet
commissioners TO be appointed by the Southern
organization, 10 estimate and FIX the amount
that might fall due them according to the pre-.
ceediug arrangement. And, in winding up, the
bishops are requested TO lay that part Of the re.
port (resolutions) requiring the action Of the
annual conferences before them as soon as pos.
sible.
Now il will be seen from this analysis Of the
plan Of separation, that the only condition or
contingency upon which an absolute division of
the church organization was made 10 depend,
was the action Of the several annual confer
ences in the slaveholding States. If these
should find il necessary to unite in favor Of n
distinct organization, by the very terms Of the
plan the separation was 10 take place according
TO the boundary designated. 1t was leftto them
to Judge Of the necessity; and their judgment
is made final in the matter And when the de-
csion IL made, and the church divided into two
separate bodies, il is declared that ministers Of
every grade and Office in the Methodist Episco-