Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-11-18
TUESDAY MORNING., NOVEMBER 49,

'uSe H71UEHl5 Ul FTNItIy m VlTOUS paf1s I TIC Ut
u "d'rs, ana that the property, consisting ri the Boo
Eonefn, with al houses los machinery printing pesse
hc:V and always has been the property Of the p.rsct
e'onelh@ 10 The travelling connection OF the Methods
pcophl Church. and their umes but that such p'cacI
CTS not during life continue in such travelling connection
an communion and shJec to the eoTernmen! OF The sal
I"uchi Dcy iocl Tor themselves bnd Their families {;
ownership In and all claim upon said Book Co.eern az
: the Foduce thereof
iey admit that all lands property and effects pcrairn
" lie sad BOOK Conccn, u the possession tie deen
eralConierencc RI
ey admit alsn that tho said Bouk Concern was origin
ImFcommCnccd by travelling ministers Of the Methods
ipscophl Church, their capital with the design,
enrst place, OF circulating religious knowledge and b.
"h II was surrendered To The ownership of oil the
e chers N ul! conac"n ad tnae subject to Ihe conro
~ ne travelling preachers in thrr General CnnferCnce
a II was agreed from time time, the profits arising iro
'lc "i Inc books should bc applied 10 prns and CHART
nohohcc5 but principally 10 The support OF travelling min
is'rs and their families mn,'i General Conference
m be- nnd mnI yy to t r.r-f rS s' moneys 9ga N IL
GLIDING such of them were sn2rIannui'ch, ann ue WI
dow. and orphans dcceasrd eni thai va"
rCso;ed ta Conference that The produce of The gal"
ic looks after HE buux debts paid and sufficient
caa provided for clryng the bmslness should be reg
ua;h paid 'Or the relief Ui distressed travelling preachers o
the imlcs D travelling preachers anHfor the snprranhuac
ana von out preachers, and the wtows and orphans o
preachers"
We have thus stated what regard the macrial parts OF
the ill and guud deal nf documentary proof was
rsa,nn the h,Eg but, upon The view we have TAKEN 81
cse il will bc nGce-say particularly 10 Il.
ca suied in the of this opinion, as nIs not
all q" the i!cs material - hc noticed ARE not matters ol ST.
rlus dispute Indeed the bill and answer present most OF
iln tacts upon w:,!ch opinion will De !nnnied.
The cDrlp!aiEants ncutc tavtlIg super"incrary and
preachers belonging the travt ling connec
tin OF preachers in the Methodist EnSC"ra Church South,
rrNes, 1:rE this shi busy in that cpnncc-
n ami claim their roprrtonae share IN ilr profits ol lhr
BOOK Concern, WHICH s description of pcfa"ns were con-
essc1y entitled before the division nf the Mrt'nhst
Episcopal Church d:stinct oTgdEZatios tuck place
ugder lln o! separation vi lSi4 This Book Concern
established At very early day. by hr travelling preach
connection with ha, church., and HE profits 10 be
derived Dlut 5y them The reli.f ri ielr dis
ssr supc;numera:y and wnrn-ont brethren, t!f "hi""s
asd The establishment email at first. bet at
pesrnt is o very large capital and "f extensive ope-
"n producing great profits, 10 oc applied IN behalf VI
Objects ol the charity has doubtless been conducted
Siln Judgment and prudence by the agents in Tie I'M
nediic chaIg o 1t; but It's growth and present niagnuda
less owing to hc a5J!s and devotion oi The 'y %!
he travelling Preachers vino have always taken The primes!
aI ca,rgr The circulation AMI sale OF tue books in the
Methodist connection throughout the United States account
lnn the promr authorities for The proceeds.
Tie travelling preachers vf this Gnu c were the founders
OF tin charity and have designated the n5ects anh purposes
IN winch s,ai he applied; and Il H. AT any timc wrong
fully withheld by those in the inncdaie charge df H. or IL
vertci objects Designed tv the founders II s tn
duty 0i CoGr! u Interfere and enforce the execution o
zlirc ;rn-i. =,
The foundation .. this charity is peculiar and novel DIFF
fern. essentially from c cases OF TINS OBSERVATION maj nave
heretofore fallen under the equitable jurisdiction Of Court
Of Cnancey t" travelling preachers both the found
crs anrhcinrics They the :oprletofs "i inc
c!,aa., fund and, according the consultation under
wni:h the endowment was made, also ehltieu " us Po
cccts. o.,
We do no, perceive however, that these considerations
can 10 way aechc nature or character o te hrfes
III the co,unlinauI chc;eTs them tiiie 10 e en-
luyrrn oi teir proportion oil the proceeds superior 70 m
Of brn.tcirrs OF p;c charity, where tnir person has
mot the crdwint in tie ordinary way for cariinbl: ant
p,rs uses that il be administered un"n any "He
PRINCIPLES Than governing Courts ol Equity IN I'M;
class OF eases F1t according the oT2lGal cons'i'hor
o; Ills f,a by lie founders who had right 10 pescFo'
the terms a4 conditions upon wc tic proceeds or ptoh
snuu; be- Distributed, and the persons to "h" anu, winch
when prescribed furnishes the S "i tile case lar Tic "u'
these pucc:ds aHl Profits have been devoted 1 'lc s'ti
ds,-asoea travelling supeni"rary and WORKOUT preach
ers in the oil the Methodist Episcopal urrh
,cr m.ws nd fpans; entitla the comPitintnis
and tlor trv represent, the ynent, they must o:.
| themselves ~itia the description.
We must adj h,wrrrr, that the connection ot THIS ood]
with the original establishments and subsequent sro"h
this fund portion nj lis founders give u ieT ctns
peculiar merit, wbc! cannot bat impress upon The Court NJ
anxiety u dnnis;c; Il is 10 s"cnc to them lie ae'
OF thc fruits Of sacred tru5 rcusona5y c"nss'rh
with the rules ana principles VI .llty, and latent vi i'
| original founders.
The bill brinns rhe coaplanants caarly within III, des
crinon Of persons entitled ds!Tiann OF III" poceed
OF the fl nd; and the main question in tho therefore
arises npDn the .!,swcr AMI p!oo.s in support oi IT,
| 1t Ia insisted, -,,,,
That the resolutions OF The General Conference o lSi
when properly understood, dn not imp an unquaiied as
that body division of tic MthodlSi hr'ScoHH
Church into separate and distinct orsanz it"ns
churches the assent thereby given was conditional M
contingent and that tie Iilluns were mol compiled win
| nor has the contingency happened
| Z. IT. III
sessed of competent power and authority 10 assent 10 or a
thorize the division And
That Tie .yi4ion therefore. that took place was nal
lty; and the separate Organization wrongful withdraw
and disconnecon from the mem7efsh!r, communion an
government n the church, By reason OF ~hlch Inc aVe'
ling suptrnumeary and wornuu preachers composing IN
separate ogunizltion taken out OF the description o' W
! bencicaii,s OF the fInd.
There we're some other matters brought into view in tn
conrsc OF tho argument which may notice hereafter; ou
the positions present the main grounds upon ~lc
| the defence rests.
l. AS TO the resolutions the plan OF separation, us he
| are usually called
TIE first one declares that should the annual conference
of the slavehnng States find necessary 10 unite in dis
lnct ecclesiastical connecon the following sha DC ooserV
ed with regard the northern boundary OF sucn cohhfc
ton Al the societies. stations and conferences adncrlna
,hr church in the South by of the majority OF IN
members, shall remain under the nn,oestea
that ca ch church shall abstain " organizing churches
societies within the boundaries o the ohc ana, aiso o
! exercising any pastoral oversight ih'ren
The second that minister's local and travelling, OF every
grade and office in the Methodist Episcopal ChuTch may II
they p.c:cr remain III that church, or Without o"'e uae
| themselves to the Church South
The ninth resolution declares that all the property OF IN
Methods, Episcopal Churches in m"cting houses COLLEGES
schuols conference funds cemeteries, and every kind WI"
in tn. limits oi the Southern orsanz 'on shall ee Ire
from any c: up the part OF The Methodist Eplsc'
p, Church. as fur this resolution be OF torce IN III
premises. rr w
ga al their apn aching sessions, TO authorize change
the restrictive article Of the fundamental law o tile caurcs
which shall have OCCASION 10 examine Win Sic "iIu
la,y in another branch Of s and which pro''hiie
The General Conference from apprpriatiEg the Proauce
the Book Clnce;n other purpose nln Tor tle oee
OF the traycng suprrnun-ary aud woFn-out preacher
their widows aud orphans without the concurrence Oh III
Annual Conferences
The change recommended 10 add TO the clause o. inn
itaor 'and such other purposes as may &c determine
unon by vote OF thirds OF to members o! the ueneFa
Conference" i.
The object Of recommending this change, was TO enable III
General Conference proceed at once and make an tqu
bic division Of the property and effects belonging % III
Methodist Episcopal Church. then organized oe'~ceh III
twu ralr urganznuEs which had been ait!o!Zea II
the preceding resolutions. For this purpose, tie next res
CLINTON provided that the annual coneEchcc a
have conquered in the recommendations The agents III y
York and Cincinnati directed 10 deliver over ~ W
agent Of the Church. South oil notes &C., against Ie MT
isrJs members ClZens within lis boGndates, lot III
sole use of said cich and ALSO 10 convey 10 sucn aeef
all the real estate and other property connected "ii III
printing establishments Charleston Richmond ana Ndst
WILD! which cn belonged the church; and IN Inc one ~
loving that ther. should be transferred 10 the SAID n NJ
much OF tie capital ard produce o the Methodist Zoo
Concern woHt with the property ana effects oIo'1 e'
toned bear the proportion Ia tie "!'i" 'rnr''Y
IN. said cnGccin ,iiat The travelling preachers IN i:c
Church bIre al lie travelling preachers oil i!c Mti''n
Episcopal Church
Tire terms aud mode OF payment were then preSciloe