The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-05-23
From the Ne,c York Commercial advertiser.
The Methodist Church Case.
THIRD DAY

THIRD DAY.
UNITED STATES CIRcurr Counr, Before Judges
Nels0n and Belts. Henry b. BGsc0m and Others Va.
George Lane and Others.
At the opening of the court this morning. Mr..
Choate referred to the passages in the Books of
Proof which he should read from for the defence,
and the argument for complainants was then COM
menced by Mr.. Lord He said:
There is a starting point in this controversy on
which we all agreed. and that is, that immedi-
ately prior to the separation, all the superannuaed
and worn out preachers, their widows, orphans,
&C., entitled to participate in the profits of
this Book Concern. Ii may be said that the dstri-
button of these profits under the control of the
General Conference; but, without an utter ADAM
Comment Of it's primary duty, we contend 1t had
nothing to do with them, except to see that they
passed over to the annual conferences, to be
by them distributed according to the intent and
purpose OF the original establishment of this fund
There no discretion in this subject in the
conferences Their duty was simply to ascertain
what persons within theft limits came under the
class of bcneiciaries. In this court it is unneces
sary for ASCERTAIN whether the estate of these
benefciaries il legal equitable one in the
profits OF the Book Concern.
They certainly had right to the profits, and the
agents were merely their trustees to see them pro-
they not those rights still? Arc they not Metho-
dists? Have they abandoned one jot Of doctrine
discipline! Are they not in communion with the
Methodist church? The defendants say in their
rights in consequence of secession.
II the court order distribution Of the profits, it
does not follow that the fund must be divided. 1t
can still be employed in carrying on this Book
Concern, and the profits may be divided pro rata.
There need be no technical difficulty this point
The relief asked can be afforded without disturb
ing the fund in any manner whatever, if the court
here cited Field %. Field, 8 Wendell 400; Miller
%. Gable, 9 DEMO SIS; 10 Paige 646 Davis and
Jenkins, vesey & Beames 50; Attorney Gene
raj and Pearson, Merivalo 1852; Simons ago; 10
Eng. Oh. Rep. 81; Leslie us. Burly, Russell ia;
3 Eng. Oh. Rep. 4G; Attorney General and Shore,
Sirnons 200, note; NIlken and Mitchell, Milne
& Craig II.
There is in the very nature of the subject light
to guide US in all this matter. We find from EN-
ory's History that this fund originated with the
preachers. Every preacher was an agent in the
distribution Of this literature They selected the
books, and they sold them, and it through their
labors alone that this Book Concern reached it's
present magnitude.
Have not these men then something more than
mere right to aims at the hands of this Concern?
Nothing seems to be clearer than that, after pro-
vidng religious literature, the very design of the
institution was to establish fund for the support
of distressed preachers and their families That
was the stimulus which encouraged them in their
They looked forward with confidence to prov-
sion for their support in old age out of the funds
accumulated by their joint labors. Spending the
best portion OF their lives on poor pittance of
200 year, this fund their only hope for. them
selves in old age and their families after death No
mere technical objection be permitted in any
court of equity to forfeit the rights of such beneh-
Charles. NV learned friends will have to make
their doctrine of forfeiture clear az monday be-
fore this court will consent to deprive the bcreavcd
the distressed, and the athcrless of the provision
which has been 80 hardly earned.
This fund has been created by the labors of the
worn out and superannuated preachers, who
claim their proportion in its profits IL is com.
mon property Of earnings. and can only be called
charity by technicality of law.
the forfeiture is to be according to the doctrine
OF our opponents, not only the preachers who par
ticpated in the conference, but the widows and
phans who had no share in the action of the con-
ference, are to be deprived of their support for
offences in which they have no possible share. This
10 manfestly unjust that is absolutely revolving
and repugnantto every sense of right II Ia as Sc
we're as the laws OF Draco, except that instead Of
dealing in blood it deals in starvation.
Suppose for q moment, that some foreign power
should conquer portion of the territory in which
this Methodist church 10 existing, aud prohibit
its form Of worship from being observed by any {
who happened to reside there with their families be
at once cut off from all participation in these pro-
fits, springing from fund which had been created
in part by their labors?
The defendants carrying on an Indian war.
They spare neither man, woman, nor child. All
must be scalped. absolve them in my heart from
any desire to do injustice, but they are driven on
by the multitude behind them.
now propose to examine the grounds of for
fixture which these defendants set up. One is that
if the General Conference did grant power for
this sepa ration, they had power to do In the
next place they say that the power only
granted on the contingency Of its passing the n
nual conferences
On the power Of the general conferences to
thoriEc asscparation of the Church, remark, in
'the first place, that there is sort OF pretencc of
any deviation In doctrine, practice, MORALS rites,
ceremonies, or usages. In every other of
similar character there has been change of doc
trinc. The only change here has been from unity<
to duality OF tho governing power. And. if this
separation is TO make forfeiture of the fund.- why,
thcn Is has been forfeited by the North as we'll as
the South, and nobody can claim it except some
old superannuated preacher who was unable to be
present and take part in the General Conference of
1874
submit that tho Conference had power to divide
itself lii not for the great facilities of ira
vel which have been discovered, suppose that no
man would have disputed the right Of the General
Conference to say that there shout hereafter be two
general conferences, one east Of the Allegheny