The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-02
The Boston Church Case.

SUPREME JUDICIAL COURT or BOSTON.
5hs suit is brnughs by the Attorney Gaoeral, at
the relation OF the Associate Reformed Synoi OF
New York and the Presby terian Society OF Boston,
agaiott the prcpretors OF the Federal Street Meet
ing House.
About the yea 1929 sc.t,h Pesbytssis IN Society
Was formed IN Boston, IL connection With the res
bytery which usually NETS az Bost n. Ths pastor
was the Rev. John Mcoycesd, clergyman OF What
school, few years after rs formation fdnd was
raist by contribution among cerssia persons, mem
BEES OF his society, vitn witch zee Of land was
bought, and meeting house erected thereon. The
property was then conyeJ cd TO four pers com.
mittee az the society-ty Bn indensuIe, In trust.
Inc material vods ia the indentute were these -
The e. antefs ere described as "a committee chosen
ard appointed oy the rest OF TIE consega'ion" aud
the futtn lam clause Il -" 10 rave and to hold the
and pemises, with tee appurtenanres, not,
che saio A. b &C., iu their capacity a'ore-
said, and to their suc ,sssors In tbat trust Of
ohce forever, but to End for the only proper Sc,
seEeht and beboDf OF the sai1 c)rgreg .ton accord
ing to the ttLures and after the same manner as t1e
Church Ct SEQ land hold ana enjoy toe lands
nrSieon the meeting houses a,e ertcte1"
Iheee SeIe e1ecntea ia 1895. The society con.
anued In tie Prssbytefiaa 'onuecti IN uutl 1856,
sbcI IL wil drew from all Presbyterian con nexioa
and resolved nsef INTO a congregation or indep,n
dsBt society ed ses,led over itself Coagfega
tionsl cerg man. In 1876 il became Uaitariaa
society, and DIS continued 3 ever SIEGE.
10 ZIG society OF Scotch Pfesbyi@rians was or
gaI'zt IN Boston, IN the regular connection Of that
~
has jurisG ,tioa the Scotch Presbyterian soc-
cites Of NCw Euglahd, ard this society aud synod
bring the suit.
Rufus Cbcate an ] Richard II. Dars, Jr., for the
relators put their upon the fol wing &c ounds
in law ard fact
The contribution by individuals for the purposes
name 0 la toe O d, AMI the devotion Of the proper
~ to thcee purposes by the contributors, in trust,
created pubic charity. 10 is public charity, be.
cause IL nRs the Gle ments OF d,nlt,n, % the par
pose Of the adv Anoemert Of rsliyloa, aud gene al
al undeterminste beneflciarios, TO wit: ose 1ho
OF any TINE may compose the coDgregat on OF hear
CIR and 30 saippers- II is strict limitation to tine
polity sDd discipline of the Pfesbs ,erian chur b,
Mter TIE manner OF the Churcn Of Scotland. The
evidence OF the lwyers and dvioes In Scotland, and
In CaDaca, and the United States, SHOWS that the
tenures by witch the church laucs were held ia
Scotland In 1875, and the manner of their enjoy
mept, we're euch th,, ca b s,cis.y was guhi-cs t.
the general cbu'ch judcstoriss In all ma.ters eccle
siasticsl, end held AID epjoyed its lands ia st,
limitation go that If thH society left tue Presbyte
Tian church departed from Us doctrine or disci
pne II forfeited the lands, ana they passed to tue
presbyt teri or sypod OF the b)uods, who indicated
them In the civil tribunals By the mmon m
cent of Coristt Ddam the difference between the
Unitarian ard 1riDitarisa sysse Is material ana
trust for the be nett Of IL perverted # for
does not run against Charitable tIust OK this oes
ciipiicn.
ey6pey Bartlett and George g. II Hard, for the
respondents, commended that tots was DOT public
charity, but mere private trust, That the sub
rcTibers bcught the lsnd built the meeting house
Il TER own funds, ard e,ch took bsck Ia peTs
r. equivalent for his ccDuibntioe, Ard thus y was
xstsss eiySte association on psrscrs h hel7 the
sAe 'a'iti' esI TIC, % so-artsO CEN Too, iay.hG