The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-21
Superior COurt-Special Term.
By Hon. Judge Campbell.
THE GERMAN CHURCH CONTROyERs'

THE GERMAN CHURCH CONTROVERSY.
SEPTEMBER l8.-Ia the matter of the Deacons, &C.,
OF the German Reformed Church, Forsyth street, Us
the Req. Mr. Busche, which was application for
injunction restraining the defendant from officiating
as clergyman made by three out 70 four of the doa
cons, and six out Of nine of the elders, the Judge de-
ton was granted against the defendant restraining
him from further officiating the pastor of the Ger
man Reformed Church in Forsyth street, and at
subsequent day he offered to show cause why the in
suit has been instituted but the parties being anx
lous to have decision on the merits of the testmo-
n.y. took the atdayits and other papers, with aview
OF examining the question, and determining the re-
spective rights. The moving parties are three out
Of four Of the deaoons three out Of four of the 81.
ders, and six out Of nine Of the trustees, and they
insist that the defendant not regularly, and
eording TO- the rules and by laws of this church,
may be restrained from occupying the pulpit
and otherwise officiating as pastor. The de.
fendant, with the remaining officers of the
church, and, as they allege majority Of the con-
gregaton insist that such election of the defendant
as pastor was legal and valid A meeting of this
congregation, for the purpose, among other things,
OF electiDg pastor, was held on the 3lst Of May
last, at which election there were several candidates
than those east for any other but did not constitute
majority Of the votes cast It is commended by the
defendant, that he, having plurality of votes was
duly elected. The rules and by laws of the church
uIe III OeImdIl, anu 6acn party mas 1ufnlShod me
with translation; and in that of the plaintiff it
appears that it is necessary that there should be
majority Of the votes cast for one person be-
fore such person can be elected pastor while, by
the deisn dant translation, il seems that plurality
OF votes is sufficient And the dei0fdant sets forth
in his affidavit, that the practice of the church has
heretofore been in accordance with his construc-
ton. On examination, l find that the German
word used in their articles means either ma
jority or plurality. This is an independent church,
and, Us | understand, has no connection with
any ecclesiastical body, and there is no means of
ascertainirg the true meaning of the rules by
reference to those Of any other church can hard
ly think, however, that it could have been the in
tenton Of the founders Of this church to call pas
tor who received less than majority of the votes
of the congregation. 1t may well be, that where
there were several candidates. that preferences may
have been waived, and he who received the largest
number ofvotes has been dccae elected by and with
the consent of the congregation assembled and with
out further formal ballot but where the election
in this case, contested and resisted am constran
ed to say from my examination ofthe meaning Of the
word thus differently translated, that majority Of
votes required. But in this case, not only was
the election determined by minority OF votes, but
small minority Of the trustees and other officers Of
the church, in communicating to the defendant his
alleged election, did undertake to fix his salary, in
reference to which it is not pretended that any vote
Of the congregation wastaken.-Sec. Sd. r 8. page
HS-55S. Again, by statute g, II. s. N6-554)
all the church property, both real and personal is
vested in the trustees, and they have the entire
control over it.. The use of the property and the
employ ment Of the minister, ought to be sanction
ed by the trustees, as the representatives Of the
rights of the whole congregation. If the pastor is
to receive salary, the payment should be author
lied by the whole of the members Of the congrega-
ton at regular meeting called for that purpose
(see Sawyer VS.. Clipperly, 7th. page 2sl, if
teriDg him to be thus employed l do not un-
derstand from any Of the papers before me,
nor was it pretended on the argument that the con-
gregation had at such meeting fixed the salary, or
that any sanction had been given by the trustees to
the salary named by the officers who had conducted
the meeting Of the 3lst May. Even, therefore, ifas
contended by the defendant, he was elected pastor
on the 3lst Of May, by majority instead Of plu.
rality of votes, no compensation having been fixed
BY the congregation, and the sanction Of the trus-
teesnot having been given, do not think he has
this church. 1t may be doubtful whether the
trustees need the aid Of the court in this matter.
have already remarked that this application is
made on behalf Of large majority of the officers,
including elders deacons, and trustees, and cam
not express my views Of it better than by quoting
from the opinion Of the Chancellor in the case of
Sawyer .. Clpperly, before referred to, and which
was case, in most of it's features, similar to this;
1t e the right, if not the duty, OF the trustees, TO
withhold their assent when there is reason to be-
leve that the employment of the individual selected
by the majority of the church, be he orthodox or
not, will destroy the peace and harmony Of the con-
gregation of the church. In such cases the
ministers of religion who profess TO be disciples OF
Him who taught tho religion OF peace and good will
in all the relations Of lie should not suffer them
selves to be the means of tanning the flame of dis
cerd or revying the seeds OF STRIFE In any church Or
congregation with which they arc connected"