The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-06-23

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with one fell swoop he takes US into the Supreme cou
OF the United States. position once gained If fort
fed at all, 1t would be useless to assail We find h
here trying to arench himself behind decree OF m
Court; but he is without ammunition It has all bee
wasted upon the Plan OF Separation The bohsted an
long -taiked.of decree is not Forthcoming. Now WI
they tell why they left their Plan of separation an
went into the court? It was simply because they na
discovered II lacked the three ourths concurrence
the Annual Conferences and without that occurrence
of no force effect They fred off their last gum an(
while flying from this their last position, they ho.e
back, we tshow hadecree but got oil we CLAIM
Fed" We admit that lawsuit was had, and the ~
E. Church South carried the case up to the, Suprena
Court Of tho United States and there It wns let y.
referees and one OF the reverend wtnesaes the
ion Of the Book Fund, apd that aone and they CLAY
sa that upon tho very ground witch they now deny y
th eplainttfs In this case vzther largo representa-
lion Of rnembers and that large portion of the fund
claim ID had been contributed by the Southern Church
when that very time the members Of these churches
at least in this place. were FIVE cored to one white IN
sd ~ his deoreB of the leferees we submit to this
hnnoraha o. urt that suoh document is before the
donyt or hna been shown but It was only contenaed
to gsSpS nse 4 Il sss sooa
Concern e and lot to property wiea support preach
il given ba the IL question has
q yst Rsn S to
conld lake effect upon TIL property. the Church
seuth bag had any claim whatever upSp this prop
ery, At must be . sho : light the property Of that
SsSaSsfe SSag 6 Church By virtue Of
nan Of ~ or decree a,a Bus We
submit to this honorable Court int 1t mu rom
property Of the NJ Church before II can III.
ty OF said Church. the Church South would SECURE
their supposed rights IN this property must rst oe
coma the property of the parent Church, Or IN otner
wbrds BE- PASSED over to plaintiffs in this csse and
then the Church South can set up their sup posed
/ claim under the plan of separation to this prop
Southern offspring Of the original Methodist Episcopal
Ohurch 1t has BY the reverend witnesses
for the deencahat the Church South to"k all inc prop
erty with them at the time OF the separation; this we
admit but net hy legal RIGHT and will they, their
boaated plan OF separation implies take all the erty
the H. e. Church may ever possess IN the South 80
is valid they have much bottet right to the ohuroh
street I'm IN tha Si.y for h.Sa sho plaintiffs
in question; but they have failed to show any legal
document by which any Of this property would pass TO-
tho Church South And We submit to this honorable
forever impossible tor the NJ. E. Church to hold pro-
perty south Of the boundary line mentioned in their
plan of separation M ~ .a ,n,. q,
te church itself being unit, and all local societies
being but branches Of this body and not d.
Of oa heos 1S
secedipg party Persons thus eayinr asac.
claon ike that church leave sbnd a wban
they go out all church privileges a, c 'rci nronsrty
church, i ~ snA"'n i- "A'1..- ),
Property placed at the control Of church is usually
for some specified object for which the donors contri
butte for tho purpose OF advancing the interest OF ths
church in It's great abors for worlds salvation; but It
is never contributed by TIA true friends Of 1T for the
purpose Of dividing the crch or encouraging seoes-
sion from It bntto app1 this property to such an o.
ect would be 10 divert 1t from the original purposes to
which1t had been Donated. Money given to church
may sometimes ba forfeited by being msapplied but III
this case the .intis have not had as yet any control
of the funds aud II the agents mentioned IN tue W are
nottrtstwcrthy tho will directs what remedy sh a be
| q r4,, ,i.5 aEf.tsf.tl 4
tits aaacult to conceive how party seeding from
ohqch could as the time oseparatton, or at any suo-
sequas period legally claim property by virtue Of that
secession witch had not yet become the property OF
| that onuroh from which they seeded s,5..
session Of the ethcdst Episcopal Church. and hence
no claim of seceders could reach the property until 1t
beeame the property of the Church
ppied agents of the Trustees Of the NJ e. Churoh IN
this city have tho possessioa Of this proportyf
please tho Court we have e. proved shat nle .neae
and that they have In this paos regularly
ehuroh according to the discipline and under the sano-
uon Of the NJ. E. OH rch. l., at
Church for 20 years. now he pastor OF that Church
In this cty and the Rev. T. ~ Lewis has been III Tue
ministry Of this identical Church II years ana Is no y
them are now officiating here as ministers OF the M IL
Church. and are members of the South Carolina Mission
ofthat Church which Church has al the functions Of
Eliyng acting organization including living ministry,
and the administration Of the ordinances Of God.
Its trustees sve been appointed according to the dis.
cpue of their Church which expressly provides for
their annual appointment aud if Mr. Bird and others
mentioned once being the trustees of this Church
were elected as asged by the deendan during life or
good behaviour, their term of Office has expired by
their act OF secession. 1t has been shown In evidence
that many Of these 1a now members OF the M e.
this viii was executed and at the time Of its execution
very large majority Of the members were oolored per-
sons, some of whom are now plaintiffs In this cas-
They worshpped at the house with the teRtator
They knelt around the altar and their prayers as
+ cendea to the same God. They come hore now and
ask that they be not excluded fro their rights and
from the bounty donated to their Church.
these persons have since been out OF the old
NJ e. Church. and have buen in connection with the
Church South but is shown that this change was no
voluntary act Of theirs They were taken into tho
Southern Church by those officials who ned the church
records and controlled the church interests This change
was affected almost without their Knowledge and cer
tainly against their will. They wero taken from the
church they loved without any of theirs and by the
same means and influences that afterwards took til
from tie sl lteriug olds of the old national ban
and launched them and their country into an untortu
mute war. My learned friend has said tia; the dem
alizng effects Of the is the CAUSE OF this acti
The Hlr may lave demorazed US, but who is rospon-
sible for that war nut over TINS let veil be drawn
The act of secession was passed, and the bright
chantncnt of peace, hapriness and liberty no longer
distinguished this land the rost of the world, but
, despotsm, tyranny and oppression reigned i'll their
, steads
But it was no fault Of theirs and i'll this change they
never lost their Affection for the church from which
they had been unceremoniouey taken but as SOON
the liberty OF choice offered they returned again
to the Of the church, around whose altar they
had SO often knelt. No will contend, for moment,
that they have lost their rights under the old govern.
ment by their connection with the Confederacy, neither
can they lose their rights in the Old church BY their
connection with tile Methodist Episcopal Church South.
They are still loyal to tho old church; and we look to
this honorable Court to that in their voluntary con-
nection with the church of their choice that they
not deprived OF their legal rights. This Church had
given them sacred gusrante that they should not be
deprived OF their right of membership in it, with
Ders anu the right appeal and the Court will notice