The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-13
THE REAT
METHODIST EPISCOPAL CHURCH CASE.
North versus South.
The Decision in favor of the South.
~. 3. Circuit Court, November IL.


70. 3. Circuit Court, November IL.
Before Hon. Judges Nelson and Belts.
N~~~OOl>~O>~~~>O~~~~~c~
Henry b. BascOm and Others VS.. George
Lane and Others.
Judge Nelson delivered the following important
and able decision in this which, it will be re-
membered, was argued in May last by eminent
council for the North and the South. The Hon.
Reverdy Johnson, of Baltimore, Mr.. Daniel Lord,
of N. Y, and Mr.. johnson, Jr,, Baltimore, were
counsel for the South, and he Hon. Rufus Choate,
of Boston, Mr.. George Wood, of N. Y, aRd Mr.
L. L. Fancher, of n Y, for the North. The ar
xument occupied the Court from the 9th to the 2lst
of May from which fact it will be seen that though
the opinion OF the judges is long, it is not more ella
bOrate than the Importance of the question de-
mands.
The compainants state in their bill, that
before and on the eighth day of June, 1874,
there existed in the United States of America,
. voluntary association known as the Methodist
Episcopal Church, not Incorporated, but COM
posed Of seven bishops, four thousand eight hum
dred and twenty eight preachers belonging to
the travelling connections and, in bishops, ministers
and membership, about one million one hundred
and nine thousand nine hundred and sixty, then
being in the United States aud territories thereof
united and holden together in one organized body,
by certain doctrines of faith and morals, and by
certain rules of government and discipline. Thai
4he general government of this church was vested
In one body, called the General Conference, and in
certain subordinate bodies called Annual Con-
1erences, and in bishops, travelling ministers, and
preachers; and that the constitution Organization
form of government and rules Of discipline, well
rs the articles of religion and doctrines Of the
church, of general notoriety; but for the
particular information ofthe court reference made
to printed volume, entitled g. The Doctrines and
Discipline OF the Methodist Episcopal church,"
and the conplainants allege that differences and
disagre ements having sprung up between what was
called the Northern and Southern members, in res
Yect to the administration Of the church govern
ment, concerning the ownership Of slaves by the
ministry of the church, of such a character, and
attended with such consequences, as threatened
Searfuly to impair the usefulness Of the church,
well as permanently to disturb its harmony; and,
Shat it became question of grave and serious ina
portance whether a separation ought not to take
place by some geographical boundary, 80 as that
xhe church should thereafter constitute two sepa-
rate AID distinct Methodist Episcopal Churches;
General Conference of the ,hurch holden according
TO usage and discipline, at New York, on the eighth
day Of June, 1874, the following resolutions were
duly adopted by majority Of over three fourths of
4be entire body. As the principal question in the
case arises upon these resolutions, we copy them
entire.
Resolved BY the delegates of the several annual
ferences in General Conference assembled.
l. That should the annual conferences in the slave
holding states find necessary to unite in distinct
clesasca connection, the following rule shall be OBJ
served with regard to the Northern boundary of such
connection ALI the societies stations, and conferences
adhcripg to the church in the South, by vote of
majority Of the members of said societies. stations and
conferences shall remain under the unmolestcd pastoral
of the Southern Church, and ministers of the
Aethodist Episcopal Church shall in wise attempt to
organize churches societe. within the limits OF the
Church South shsll they attempt to exercise any
pastoral oysfsa therein i. being Understood that the
In relation to stations societies. and conferences adhcr
eng by vote Of majority TO the Met hotst Episcopal
Church, provided also that this rule shall apply only to
Jocieties stations and conferences bordering the line
Of division and not to interior charges which shall in
all be left to the Of that church within whose
territory they are situated.
That ministers, local and travelling of every grade
and Office, in the Methodist Episcopal Church, may
ehey prefer, remain in that church without blame,
attach Themselves to the Church south.
Resolved BY the delegates Of all the annual con-
frences in General Conferences assembled That
oemrend TO all the anpual conferences at their first ap
sroachpg sessions to authorize change Of the sixth
restrictive article that the first clause shall read thus
They shall not appropriate the produce OF che Book
0oneern of the Chartered Fund to any other pur
pose other than for the benefit Of the travelling super
nunerary suferannuated and out preachers ther
wives widows and children and TO such other purposes
may be detel mined upon by vote oftwo thirds Of
abe members OF the General Conference"
That whenever the annual conferences, by vote of
three ourtbs OF all their member voting the third
solution shall have concured ia the accommodation
alter the sixth restrictive article the agents at New
York and Cincinnati shall and they are hereby au.
shorzed and directed to- deliver over to any authorized
organized al notes and book accounts against the MI
nistcrs church members citizens, within It's bound
aries with authority TO collect the for the sole
the Southern Church, and that said agents also convey
e aforesaid agent appointee 81 the South all the real
estate and assign to him all the property, including
With the printing establishments at Charleston, Rich
inond and Nashville which belong TO the Methodist
Episcopal Church
5 That when the annual conferences shall have ap-
proved the aferesad change In the sixth restrictive
dele there eha be to the above agent for
he lOut lern q
duce of the Methodist Book Concern, IS will with the
book accounts presses Sc mentioned in the last
property Of said Concern that the travelling preachers
in the Southern Church shall bear to all the travelling
ministers Of the Methodist Epi'copa Church The div
rion 10 be made the basis OF thenumber Of travelling
preachers In the forthcoming minutes.
g. That the above transfer shall be In the form Of an
nual payne ots of $4,000 per and specifically in
stock Of the Book Concern and In Southern notes and
sccounts due the esablhmeDt and sccrung after the
rst transfer mentioned above aud until the payments
made the Soutkern Church shall In all the net
PROFITS Of the Book Concern In The proportion that the
amount due them or In arrears bears to all the property
Z That Nathan Bangs George Peek, aa1 James D.
Finley be and they are hereby appointed ssoner
appointed by the Southern organisation Should one be
fdrmed TO estimate the amounts which will fall due to
South by the preceding rule and % have full power
20 carry iato effect the whole arrangements proposed
Nth regard to the division Of property should the sepa
ration take place. And II by any means vactncy Oc
cur. in this board Of commissioners the Book Committee
at New York shall gu said vacancy.
That whenever agents OF the southern Chutch are
clothed with legal authority corporate power 70 ao in
the premises the sgsBts at New lork hereby autho
zed and directed act In concert with aid Southern
agents a. to give the provisions Of these resolutions
legally binding force.
fha, all The property Of the Methodist Episcopal
Church In meeting houses parsonsges colleges, schools
conference funds csmeteries and OF every kind within
abe limits cf the Southern equalization shall be forever
ee frcm any csim oct NJ the part o. the Methodist
Episcopal Church FAR o. this resolution can be Of force
IA the pIemlsis
10 That the church formed In tie South sha have
common III ut e. ell the copyrights 10 possess OF
the Beox Ioucstp- at New York sod Cinciaua at the
lime Of the settlement ~ the commissioners
IL That the Book Agents 81 NeG YORK be directed TO
make tuch comgenss0n to the confsrences Sogth Or
their divdeud from the ChaTtt.Ul Fund ~ The comis
sientfs above provided for shall agree upon.
~ Tha. the bishops be respectfully requested to Icy
that pat this report requiring tSs ncion of the
aHsl conf reaces before them possible begin
ming with the New YORK. Conference
IL Int tha e.fl