New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-12
Great Methodist Church Case

| Judge Neson-We give below the siiag points IN
the decision Of Judge Nelson. Tins important ise
| Nov. l0.-Henry b. Bascopl and others vs.. George
| Lane and ofiGrS, IN E9ufy-The cOmplainanls state
IN their BILL mat before and on the eighth Gay oi
| June, lS45 there eI sted the UIitei states OF
America, voluntary assoc, alton known as The Mein-
cd 81 Episcopal Church, Dot incorporated, bat Com
posed o. seven bishops four thousand eight hundred
and twentyeIeht preachers belonging to the travel
ing connection and. Ia bishops. ministers ard me NJ
| bershp about one million ore hundred ana n'hs
thous nd nine hundred and sixty, then being ia
| the United states and Territories th5Teof, united
| and holden together IL ore organized BODY, by
certain doctrines OF faith aud mOrals ana ~
! certain rules of government and 0isclpine MAJ
the general government OF this church was yeste1
in one body, called the General Conference ana 10
/ certain subordinate bodies caile1 Annual toH
ferences, and in bishops. travelling minister's ana
| preachers ard that the constitution. organizanon
form OF government and rules Of discipline well
| as the articles OF religion and doctrines of the
church, were Of general Dotorep but, ior the more
particular II formation OF the Court. reference IS
made 10 a printed volume, entitled " The Doctrines
! and Discipline Of the Methodist Episcopal Church
. and the compliments allege that dheTences ana
disagreenents having sprung up between Whal W4'
| called the NortherB and Southern members, IN re
spect to he adninis.rd ION of the church govern
ment, nceming the ownership of slaves by the
| ministry OF the church, OF such character anu
| attend ed with such consequences, as threatened
iearuy to impair the usefulness OF the church, as
well as permanently to disturb ITS harmony aho'
that 1t became question OF grave and serious IN
place by geographical boundary so as th@t tne
CHURCH should thereafter constitute two separate ana
distinct Methodist Episcopal Churcnes ana theie-
upon the compliments alege that al a General Con
ference Of the church, holden according 70 usage
and discipline, at NewYoTk, on the eighth day of
! June. 1874, and subsequent occasions certain
resolutions were duly adopted By majority OF over
threeOurhs Of the entire body, by virtue of which the
Methodist Episcopal Church IN the United States as
/ il had existed before the year leii, became and
was divided into two distinct Methodist Episcopal
Churches, with distinct and independent orgdniza-
| tons, powers aud authority, composed OF the sew
eral annual conferences charges, stations, ana soci-
etles, living beng situated north and eouh OF me
| aforesaid line of division.
! After stating the material parts Of The bill and an
swer, Judge Nelson proceeds good deal OF uocu-
! mentary proof was read on the hearing but, upon
the view have taken of the case, 1t Will not oe
necessary refer particularly TO it, except as stated
III the course Of this opinion, as most II NOT all OF
the facts material TO be noticed not matters OF
serious dispute Indeed the bill and answer present
most Of the facts upon which our OPINION VIII De
founded
The complainants include travelling, supernume-
rary, and stperaDuaed preachers, belonging 10 the
travelling connection OF preachers IN the METHODIST
Episcopal Church. South, representing IN TINS sun
numerous body IN that connection. and clam Their
proportionate share il. the profits OF the Book Con-
| cern which this description OF persons were con
esedy entitled to before the division OF the Memo
dist Episcopal Church into two disnct organizati0hS
+ took place under the plan OF separation oil Isli.
! This Book Concern established at a very early
day. by the travelling preachers IN connection win
church, and the prOhts 10 be derived tnCrelTOn
devoted by them to the relief OF their distressed SUI
peTnumeraIy, and WORKOUT brethren, their WILLOWS,
and orphans. The establishment was small, at first,
but at present OF very large capital. and OF
extensive operations, producing great prohts 10 De
applied H. behalf q the objects OF The charity. IL
! has doubtless been conducted with great judgment
and prudence by the agents IN the Immediate charge
/ Off but It's growth and present magnitude are not
less owing TO the laboIs and devotion OF the body OF
travelling preachers, who have always taken the
principal charge of the circulation and sale OF the
n Methodist tlTOugnOilt
United States, accounting TO the proper authorities
for the proceeds.
founders of this charity, and have designated the OBJ
Jects and purposes 10 which 1t shall be applied, and
! # 49, at any time, vrongtully withheld by those
IN the immediate charge Of II, or diverted from the
objects designed by the founders 1t Is the duty of the
Count to interfere and enforce the execution OF the
! trust
! The foundation of tins charity is peculiar and
novel; differing essentially from the OF this de-
scrpton that have heretofore fallen under the equit-
! able jurisdiction of Court OF Chancey The lrav-
cling preachers are both the founders and the bene-
! fciarles They the propnetors Of the charita-
! BILE fund and, according to the constitution under
which the endowment was made. also entitled 10
We DO not perceive however, that these consider
aiions can III any way affect the nature or the char
acer OF the interest OF the compainants, or coniers
upon them a title 10 the enjoyment OF their proper
ton of the proce eds superior to that Of benehcares
OF pure charity, where a third person has male the
endowment in the ordinary way for charlt iole ana
pious uses OF, that 1t can be administered upon any
other principle than those governing courts OF eqi
Is III this class of cases For according TO the orr
ginal con sttuton OF this fund by the founders who
| had q hight 10 prescribe the terms ana coAIuons
upon which the proceeds or profits should be dlsri0
uied, and the persons 10 whom, and, which, when
prescribed, furnishes the law OF the case for the
court, these proceeds and profit have been devoted
TO the relief of distressed travelling Supefnunerafy
and WORKOUT preachers in the connection OF the Me-
thodist Episcopal Church, their widows and orphans,
and TO enilte the compliments and those they rep
selves within The description.
We must add, however, that the connection OF TINS
body with the original establishment, and subsequent
growth Of this fund as portion or It's founders give
TO their claims a peculiar merit which cannot but
impress upon the Court an anxiety 50 10 administer
1t as 10 TO them the beneht OF the fruits on so
sacred trust If reasonably consistent with the rules
and principles Of equity and intent OF the original
founders.
The bill brings the complalnants clearly within the
description of persons entitled TO distribution OF
the proceeds OF the fund and the main question IN
the case, therefore, arises upon the answer and
proofs IN support OF It.
l. Thai the resolutions of the General Conference
! OF 1874 when properly understood. DO not lmpart
an unqualified assent OF that body 10 DIVISION OF
the Methodist Episcopal Church mo TWO sepdrle
and distinct ORGANIZATIONS or churches that the as
| sent thereby given was conditional and contingent
and that the conditions we're not complied "I'' nor
has the contingency happened
/ not possessed of competent power and authority 10
Assem-, 10 or authorize the division. And,
3 That the division, therefore, thai iook place.
was a nulhty. and the separate organization
/ wrongful withdrawal aud disconnec'loh rom the
/ membsrshp. communion, ana government OF 'he
church. bv reason of which the travelling, suPerhu'
merary, ard worn-out preachers composing TIE sePa
rate organization taken out OF the description Oh
/ the benefciares of the fund
There were some other matters brought INTO We"
IN the course OF the argument, which We nay notice
hereafter nut the above positions presehl 'He main
/ grounds upOn which the defense rests
l. As 70 the resolutions, or plan of separation As
/ they are usually called.
The first one declares that should me &hhuN con-
ference ofthe slayeholdng States md necessary 20
unite in distinct, ecclesiastical connection the io'
lowing shall be observed with regard to the noflhern
boundary of such connection. All the socleues sta