Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1854-05-13
MErHonIsr CHURCH, CASE.
IAPORTlNT nENISI0N

WN A. SMITH, Er Al, ArrLs "a LrRor SwoRNsrxpr,
Mt Al-Appca, from the Circuit Court OF the u S,ates
for the District Of ohio-Mr Justice NrLsOs delivered
the opinion Of the Court
This Il appeal from decrco Of the Circuit Court
the U. S. for the district of Ohio.
This bill is filed by the complainants for themselves
and in behalf of the travelling and out preachers in
connection with the society of the Methodist Episcopa
Church South in the United States against the defen-
dants, to their share Of fund called the Book
Concern at tho City of Cincinnati, consisting Of houses
machinery, printing prcsses, bookbndery, books, &c.
claimed be Of the value Of hundred thousand
dollars.
The bill charges that at aud before the year ls44 there
existed In the United States voluntary association I'M
Incorporated known the Methodist Episcopal Church.
composed bishops, four thousand eight hundred
and twenty preachers, belonging to the travelling
connection, and in bishops minister's and members about
million hundred aud nine thousand nine hundred
and sixty united aud bound together In organized
band by certain doctrines of faith and morals and by
certain rules Of government and discipline.
That the government OF the Church vested in
body called the General Conference aud in certain subor-
duate bodies, called Annual Conferences and In bishops
travelling minister's and preachers.
The bill refers printed volume entitled The Doc
trnes and Discipline Of the Methodist Episcopal Church.
containing the constitution, organization, form of go
vernmen aud rules of discipline, we'll tho doctrines
of faith Of the association.
The compliments further charge that differences and
disagreemens having sprung in the Church between
what called the Northern and Southern members in
to the administration Of the Government with
ference the ownership Of slaves by the ministers of the
Church. OF such character and attended with such con-
sequences threatened greatly impair It's usefulness
well as permanently 10 disturb its harmony and be-
aud question of grave and
whether separation ought take place according to
geographical boundary to be agreed upon as that
the Methodist Episcopal Church should thereafter const
separate end distinct organic atoms Aud that
accordingly session of the General Conference held in
the City of New York in May, 1884, resolution was pas.
ed by majority OF hree-fourths OF the b-Jy by
which determined that the annual conferences
the slave holding States should find necessary to unite
in distinct ecclesiastical connection the following rul.
should be observed with regard to the northern boundary
OF such connectou-a the societies stations aud
ences adherng to the Church in the South by vote of
msjoy Of the members should remain under the pasto
raj care OF the Southern Church aud all adherng the
Church North by like VOTE should remain under the
tora of that Church This plan Of separation con-
saEs eleven other resolutions relating principally 10 the
mode and terms Of the division Of the property
OF the Association between the two divisions in the
separation contemplated should take place. and which in
effect provide for pro DIVISION taking the number
of the travelling preachers in the Church North and
South as the basis upon which TO make the PARTITION
The compliments further charge that in pursuance of
the above resolutions the Annual Conferences the slave.
holding States me; and resolved in favor Of distinct and
independent organization, and erected themselves
separate ecclesiastical connection under the provisional
plan of separation based upon the discipline of the Meho
dist Episcopal Church. and 10 be known the Methodist
Episcopal Church South Aud they nsis, that by virtue
Of these proceed this Church. had existed the
United States previous the year 1874 became and
divided into two separate Churches with distinct aud
dependent powers and authority composed of the
Annual Conferences Stations and Societies lying north
and south of the aforesaid line OF division. And also
that by force OF the same proceedings the division of
Church South became and entitled to its proportion Of
the common property, real and personal of the Methodist
Episcopal Church which belonged it the time the
separation took places that the property and funds of the
Church had been obtained by voluntary contributions 20
which the members of the Church South hsd
than their full share, and which, down the Of
the separation belonged in common To the Methodist Ep
copal Church. as then organized.
The companants charge that they are members of the
Church South, and preachers OF them supernumera
and some superaunuaed and belonged TO the
travelling connection OF said Church, aud that have
personal Interest in the property real an held
by the Church North, and in the hands Of the defendants
And further that there about fifteen hundred preach
er belonging to the travelling connection OF Church
South each of whom has direct and personal interest in
the right with the complaEant- the said property
the large number of who make it incOnveuient aud i'm
practicable TO bring them ell before the Court CON-
painsuts
They also charge that che defendants are members OF
the Methodist Episcopal Church North aud that each as
such has personal Interest in the property and further
that two OF them have the custody and control OF the
funds in question; and that in addition these defend.
ants there nearly hir;ysght hundred preachers
longing to the travelling connection OF the Church North
each OF whom has interest in the fund in the same
right, so that il is impossible in view Of sustaining
just decision in the manner, TO make them all parties 10
| the bill.
The compliments also aver that this bill il brought nv
the authority and under the direction of the General and
Annual Conferences ofthe Cnuch South, aud for tie
eht OF the same and for themselves and all the preachers
in the travelling connection, and all the other ministers
and persons having interest in the property
The defendants in their answer admit OF the facts
charged in the bill respects the organization gov
ernment discipline, and faith CT the Methodist Episcopal
Church as il existed az and previous the year S44-
They admit the passage OF the resolutions called the plan
separation at the session OF the General Conference OF
that year by the majority stated but deny that tho res
oluons were duly and legally passed and also deny
that the General Conference possessed the competent
power TO pass them aud submit that they therefore
null and void They also submit that II the General Con.
ference possessed the power the separation contemplated
was made dependent upon certain conditions and among
othersa change OF the sixth restrictive article the Com
stution Of tho Church by of the Annual Confer.
ences, which vote the said Conferences refused.
The defendants admit the erection ofthe Church South
into distinct Ecclesiastical Organization, but deny that
this was done agreeaby tn the plan of separation. Thcy
deny that the Methods. Episcopal Church. as it existed
in 1871, or at any time, has been divided into two dis
tnct and separate Ecclesiastical Organizations and
submit that the separation and voluntary withdrawal
from this Church of portion Of the bishops ministers and
members. and organization into Church South was an
unauthorized separation, and that they have thereby re-
nounced and forfeited all claim either in law or equity to
any portion Of the property in question The defendants
admit that the Book Concern Cincinnati with all the
houses lots printing presses &C. now and alg,ys has
|
TO the trovelng connection OF the Methodist, Episcopal
Church. but insist that such preachers do during life
continue in such travelling connection and the commu
hon and subject TO the government OF the Church. they
forfeit for Themselves and their families all ownership in or
claim 70 the sac Book Corcern and the produce thereof
| they admit that the Book Concern originally com
nenced aud established by the travelling preachers OF this
Church upon their capital with the esgn in the fret
place, OF circulating religious knowledge and that a, the
GENERAL Conference Of 1895 it determined that the
profits derived from the sale Of books should IN future be
devoted wholly to the relief Of travelling preachers super
uumerary and worn ou preachefs aud the widows and
orphans OF such preachers ard the defendants that
the Methodist Episcopal Church South Is not entitled At
law or IN equity to have division Of the property OF the
BOOK Concern, or the produce, any portion hcrcof
and mat the ministers, pelche members in connec-
Ton with such Church arc not ent;ied TO any portion o
the same and further, that being longer travelin
preachers belonging to the Methodist Episcopal Church
thew are not 50 entitled without change Of the sixth re-
clVe article OF the Constitution Of lSOS provided for
in the pan Of separation condition Of the partition Of
| said fund.
The proofs in the consist chiefly Of the Trocecd-
ngs 81 the General Conference NJ 1871 relating to the
/ vas a ftDflf ~ 81