The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-11-15


that church. and the profits 10 be derived theeirom deyo
led by them to the relief OF their distressed supernume
ray and worn'out brethren. Their widows and orphans.
one OF very large capital, aud oil extensive operations,
producing great profits 10 be applied in behalf OF the OBJ
ecs OF The charity II has doubtless been conducted
with great Judgment aud prudence by the agents in the
immediate charge of il but its growth and present mag
ntude are ess owing 10 the labors and devotion OF
the body Of the travelling preachers, who have always
taken the principal charge OF the circulation and sale OF
the books the Methodist connexion throughout the
United States accounting 10 the proper authorities for the
proceeds
ers of the charity and have designated the objects and
purposes which it shall be applied; and # II is at any
time wrongfuly withheld by those IN The immediate
charge OF IT, diverted from the objects designed by the
founders il is the duty OF the court TO interfere and en-
force the execution Of the trust
The foundation of this charity is peculiar and novel,
differing essentially from the OF this description that
have heretofore fallen under the equitable jurisdiction oil
OF chancery The travelling preachers are both
the founders and the benecares They the propIi
eors OF the charitable fund.- and, according to the cons-
tuition under which the endowment was made also enl'
tied to its proceeds.
We do not perceive however that these considerations
any way affect the nature character OF the inter
est OF the COMPLIMENTS or confer upon them title TO The
enjoyment of their proportion of the proceeds superior to
that of benefcaries o.. pure charity where third per-
son has made the endowment in the ordinary way Tor
charitable and plons that be administered
upon any other principles than those governing OF
equity in this class OF cases. for according to the orgl
right to prescribe the terms and conditions upon which
the proceeds profits should be distributed and the per-
10 whom, and which. when prescribed furnishes the
law of the Tor the court these proceeds and pIonts
have been devoted to the relief OF distressed travelling
supernumeray, and out preachers in the connexlon
OF the Methodist Episcopal Church. their widows and or
phans and TO eDtille the compliments and those hey
represent TO the enjoyment they must bring themselves
within the description
We must add, however. that the connexioD of this
body with the original establishment and subsequent
growth OF its fund.- portion OF its founders, gives TO
their claim peculiar merit, which cannot but impress
upon the court anxiety so to administer it as to secure
to them the benefit OF the fruits of sacred auus II
reasonably consistent with the rules and principles oil
equity, and the intent of the original founders.
The bill brings the comp claimants clearly within the de-
scrjption OF persons entitled 10 distribution OF the pro-
ceeds OF the fund and the main question IN the case
therefore, arises upon the and proofs IN support
Oft.
i. That the resolutions of the general conference Of
1874. when properly understood, do not mpart an un-
qualified consent of that body division OF The Melho-
dist Episcopal Church into two separate and distinct or
ganzatons churches; that the assent thereby given
conditional and contingent, and that the conditions
were not complied with, nor has the contingency hap.
pened;
.. That if otherwise the general conference not
possessed of competent power and authority assent to
or authorize the division and
3. That the division, therefore, that took place was
nullity, and the separate organization wrongful with
drawal and disconnexion from the membership, commu
non and government OF the church. by reason OF which
composing the separate organization are taken out OF the
descr p!ion OF the benefcaries OF the fund
There were some other matters brought into view in
the Of the argument, which may notice here
alter but the above positions present the main grounds
upon which the defence rests
l. AS 10 the resolutions, or the plan OF separation,
they usually called.
The first declares that, should the annual confer
ences OF the savehoding States find il necessary unite
in distinct ecclesiastical ion. the following shall
be observed with regard 10 The northern boundary OF such
ces
adherng 10 the church in the South by vote OF the
oIity OF The members, shall remain under the unmoles,ed
pastoral OF the southern church and then follows
mutual stipulation that each church shall abstain from
organizing churches societies within the boundaries
OF the other, and also from exercising any pastoral
oversight therein.
The second, that ministers, local and travelling, OF
every grade and Office in the Methodist Episcopal Church.
may, they prefer, IemaA in that church. without
blame, attach themselves 10 the church South.
The ninth resolution declares that all the property oil
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 The part OF the Methods,
Episcopal Church. far this resolution can be OF
force in the premises.
ences 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 particularly in another branch OF this case, and
which prohibited the general conference from appopri.
ating the produce of the Book Concern TO any other
purpose than for the benefit OF the travelling. supernu-
phans without the concurrence OF the annual confer.
ences.
The change recommended TO add 10 the clause OF
Limitation, and TO such other purposes may be de-
termned upon by vote of two-ihirds of the members
OF the general conference"
The object OF recommending this change was to cna-
BILE the general conference 10 proceed at and max
equitable division Of the property and effects belong.
ing TO the Methodist Episcopal Church, then organ
lied, between the two separate organizations which had
been authorized in the preceding resolutions. For this
purpose the next resolution provided that
annual conferences shall have concured in the recon.
mendation the agents OF New York and Cincinnati
directed TO deliver TO the agent OF the church South
all notes, &c. against the members citizens within its
boundaries, for the sole OF said church and also
convey 10 such agent all the real estate and other prop
ery connected with the printing establishments Charles
ton Richmond. and Nashville, which then belonged to
the church; and in the following, that there should
be transferred to the aad agent much OF the capital
and produce OF the Methodist Book Concern as would
with the property and effects before mentioned bear the
proportion 10 the whole property OF the said Concern
that the travelling preachers in the southern church bore
10 all the travelling preachers OF the Methodist Episcopal
Church.
The terms and mode OF payment were then prescribed
and commissioners appointed to meet commisso 10
be appointed by the southern organization to estimate
and Tx The amount that night fall due them according
the preceding arrangement and winding up, the bish
ops requested lay tina, part of the report resou.
hons requiring the action OF the annual conferences be-
fore them as soon az possible. ~
Now, it will be seen from this analysis of the plan OF
separation, that the only condition or contingency upon
which absolute division OF the church organization
made to depend the action ,ol the several an.
nual conferences in the savcholding States II these
should find necessary to unite in favor OF distinct
ganlzaton by the very of the plan the
take place according the boundary as~gna ted
i was letto 'hsm to Judge OF the nccessily and then