The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-06-23
CHARLES. T.0N DAfLXNEWe ..J UNE %. 1866.
.4SHen from thern hv any

ON JAIL 1&N Nvv k>ssssel
that this right could not Akea from them by any
action-eof the General Difference [sec. 9th BE.
etriotve Rule on the powersf the General Conference
~ tha;M n Ohurohl They lever have had this right
on5 those who thNs denrived them of membership in
th hnrch IF their choice stuld blush to urge this
reason why this property Roulo pe taReh 81 lron .ne
Nah dict En,aconal Churclhn Charleston, but SUBJ
s4 ~ th Caurt s. MAO not he fault of the plaintiffs in
this ana If mt In er tlt shall 1t be made their
NV to1,inu frod them rights which must
, hmm nrnnooiionahiy tsrs, if they had been per-
.st1 nas ~ ~ tl,ain oonn1tiou with the church OF
In a,;oa rhau have hen heavily aud constantly
. f.n Sa,ru n s,nnort achurcl In which they were
W.. NJ tsa ~ ond aball ey now have penalty in.
o.t noe t ,onauao tley were Obliged thus TO sub
. th ontrol of othara| Mans Of them lave heeh
~. - W. o uar fir which hsy wtre III no way
g - bnuf ,eans save their daily iapor,
t.,.It ~ bn;ld churches, aud sustain tho
- oa eonG in tII audable effort to take care
lae' ~ ta1 ahomjahave that aid to which, IN
legal JUSTICE hey are entlPa' o... .,.t lilo will If
:, oaL ccaryand definitely. and the Court
.s ,;,5 - 600 thlt Its provisions are carried
- ISL - ~ ma nrnnart} in question must take the
ai ra a;van to hnea the will can bo shown
invalid and Of no effect. H. ,,,,, ,uhtcb
You will notice by carehl atteht1on ~ S nv auul
ia admitted as being thy only one That mas ay auRs
force in the premises ard that the eneral o
has ayer or dp eon have been
Annual Conferences con}urring or any executive power
of the Methodist episcopal Church Norm OF sou.a -
nS x as e sg a RhsBee RsbsgSs
fon the snecio purp6ft for which 1t was bequeathed
and mnch less can any ohtBde parties do tns ny ahy
nagoatiora in regard I'd the Church property anu tne
dycon of the ctirches By the terms of the will ns
nronsriy by the estator only made the property o.
the church. for given purpose ana eannos Dc Dc sny @
ar ar Of Df the Church disposition Of that property does
not nor cannot effect tblA
The Trustees in this VIII do not receive from the tes
~. -, 81 k1,ojuo
Or plessure. They calno IL they would negotiate its
transfer into another uroh or allow it TO be used Tor
any other purpose safe the one specified by tho testa
tor In this will the trustees OF the Mehodis. Epiaco
a Church are simply The trustees of this property and
are hold it IN trust for given purpose and the VIII
gives them direct 1t to another purposes Its
e oar he of the
Church South are nbt tho minister's OF the Methodist
Episcopal Church. These two church ore
st ag distinct II ee oec land rhe h a
much proprfeiy ola!m that they could carry out the
provisions Of this was the Methodist Episcopal Church
Bouth AS long as the old Methodist Episcopal Church
oar be identified and just oqg that 'ohrch are
ios there can ca be- qquestton regard ITO tie use to
Of @ 81 s RSs ssstyi es s IN pussoss I
Of sustaNniug preaching here "by and Under the au
thory Of the Methodist Episcopal ohurch' and when
that ceases then the property escheats to State and
ina General conference and the Church at large or
otber 6fiirohes hsve control over t It's use was
Dontroed bythe to- tator who never had any connec
lion With the A. T. Church sonth me trustees OF fthe
Epscop Church hase m a aets saes agents
Church. and no otsr, can fill this description, ana ap-
,ropriate the proceeds Of the as .ne
las directed In the will before YOU Ths on,y
Episcopal Church; II 3d. the plaintiffs shoul asye pos
esson Of this property, by the legitimate an teeal
construction of the will i, ,sjf.
IT'S obvious that ii the plaintiffs do not receive this
fho u5n} 40 fA
Ion, OF this will cannot be carried out, II appears In
that when the will was executed there were at
as colored persons belonging to the p Church
red here from their condition of poverty and depen;
enoe, could do but little to support the Gospel still
10y needed it much any one 1t 1s rue that sne
ev Ar. Wightnan and Dr.. pe!zer hs77ss been intro
aid little nothing for the support Of the grdn and
nst aay tho DR.. rather bundere. in saving he sup.
osed at the time Of the soon afor the ocoupa.
lon Of this city, that the Rev. r W. Lewis designed TO
rganze the eoosed people into membership in the a,
hurch Sewn Sen wren they were already members o. OF
ID Bethel only one-aixth towards Sustaining. the
hurch, yet the books from that church, which have
een put In evidence show that in year previous TO
ebt the Ghuroh sll6O-to say nothing Of what they
1ood, they contributed tho mos5 At Trinity Church
nd toward bud.. .t.g that church man alone paid
We hundred uollars though the Rev, Mr, Wightman
as they only paid about hundred dollars toward
is salary Let US be charitable and suppose tne rev.
,ort waa paid by the colored members: Il seems
hat long before the occupation Of tho city " the Uni
ed States forces, they were eIeany assssnsa ~
With the management OF their cnnron analrs Wy
heir pnstora who tell YOU they enjoyed the en1me
hat on some occasicns compulsion was necessary W
,bain what they call confidence and esteem ous tno n
he whito members had TO furnish them with the means
II grace why take from them Legacy Wich sees t
AVE been intended for their benefit? "
he will itself that the esator was chariany a
owards colored people 90 race ne proVloea ab ~
he could for the emancipation OF nus OWL, au M ~ on
lition to leaving them legacy, he direoea ~ M ~
hey should have asupport out q ns esss,s nyp hv
hese bequests have beon and are now wlnhelu W
his defendant The Church South is nov reheYeo oi
heir painf,,l burden of caring for their fomery
,oored membership and can now propaoiy 4Ae care
han seek to dtvest legacy from the speciled object
Tor which itwag bequeathed. =
One word In regard to the subject Of Limitation, and
an done That is truly grave question: but 1t cannot
onter into this case.
It is undoubtedly the property of somebody other
than that OF the defendant the Church south If any
other party has any legal claim, let them show IT, ana
In conousion will Bay, the party who would deprive
my clients Of this property are not the true
lives of the chvarous aud generous Sons OF the SOUTH
who juetly famed for an untarnished honor IN
noble and magnanmous treatment Of race who have
been through many years OF weary toi leir iathinl
servants Those who were their true friends In slavery
will not bo the less 80 tn their freedom As they are
now citizens OF great republic they will wish them to
enjoy oil their legal rights and all possible means tor
their edu aton and Improvement With these sugges-
tons submit In confidence, the question OF legal
lights In this case to the decision Of this Honorable
Court
Ai Facts VS.. Theories.
ssGiyo mo place to rest my lever on" says Ar
"anl I will move the world" "Givcm me
,,.. n l nm lnlf fnrn tnd drnrA - saws .Mndicua of