The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1867-08-17

10 tine covenant winch they nave assumed nut II
II evident that the majority who elected the trus-
tees have abandoned ;he service and neglected tIe
duties. calculated 70 promote their spiritual wei
fare. and which are recognized Is necessary, by
rmmemorial usage. y majority of the church
have nO right u break down every barrier and
neglect every duty, and thereby force a minority
u abandon their legitimate rights in the church
edifce and other property. If they change their
religious opinions and abandon the usual ordi-
nances, 80 that the minority cannot ENJOY the
religious privileges which they had been accus-
toned 10 III the church, they should have the
grace 10 leave the temple dedicated 10 the service
Ot God, that those who remain may worship in
peace rs well as III spirit and in truth.
The majority claim that they are an independent
church. and that there is no power above them
except divine authority. and that they have full
powers TO manage their own affairs, and that
each church il authorized IL make it, own laws.
This Is very sound doctrine If they do not encroach
ON tine rights of others or violate the great prin-
cipies of religious liberty, 50 that their practices
shall not be Inconsistent with the peace and good
morals of this Kingdom and promOtive of liccn-
tiOusness. But they cannot III this mode obtain
possession of property in ~derogation of the rights
of others, aud against what may be termed tine
common laws of the Kingdom.
The protestant churches which were originally
formed by the missionaries are in some respects
peculiar, especially in the admission of members
by the pastor and deacons. In { is respect they
NAuSt itli tAC tuiSitEaliphdi CiiuitAi- htI
the admission is by Il vote of the whole church.
The counsel ON both sides have elaborated the
subject of church government as applicable to
the church in question. beyond the requirement
of the ease. The church ediiice is held by trus-
tees under the charter, and these trustees may be
removed and others elected in their places by
members of the church III regular standing.
Can the law then sustain u body oi men in the
possession of property, which is for the benefit
and Use of the whole society. there being no salts
factory evidence that they are members of the
church in regular standing, and that they We're
elected by those in regular standing.
Churches have been established here long
enough To- make n custom and when the charter
provides that the trustees shall be chosen by the
church members IN regular standing, the Court
are bound to regard only the choice which Is
made ia conformity IL the admitted usage OF the
churches Of the same denomination. And when
the Church of Waimca ceased to admit members
by covenant, and neglected according To- usage To
celebrate the Christian ordinances, and To per-
form the usual ecclesiastical purposes, then there
was n williul neglect of duty. Ii IL in evidence
t,iat they ceased for some three years prior To
the election of trustees, as alleged, to he as>oci-
atsd for the celebration of the Christian ordi-
nances, in the usual church form and order.
III. Ecclesiastical Association of Kauai had
the RICH. - inquire into the character of its
members, and according To the doctrine sustained
by the Congregational churches, if certain charg-
Is are proved, such as essential change of doc
trine, williul neglect Of duty, an immoral or
criminal conduct, il would result in dismissal
from Office. Mr.. Eowcll had subscribed to its
rules and regulations, and as long as he con-
tinued u member. was amenable tn them. do
not regard, however, their decision Is conclusive
it is subject To be- defeated in the courts. In the
case OF Stebbins W.. Jennings, 10 Pick, IT,.
the Court say &. 1t must he admitted that indi-
viduals may bind themselves by express engage
ment with each other for spiritual aid and mutual
t.r s .u ~ ..,.A L. So. "
science. may arise therr!rom." In this case there
were obligations. and il was clearly Mr.. Roweil's
duty to have followed out his first purpose Of re-
firing from the exercise of his pastoral relations
to the church and society of Wainea. The
Court can not sustain this relationship So far as
it affects the right of possession or property in
the church edifce. His ministerial lille, from
1862 to 1865. as given by himself. has wrought
u forfeiture of this relationship by the total meg
lcct of the Christian ordinances, rs recognized Ivy
the churches of the same denomination. This
willful neglect on the part of the pastor was par
ticiIated in by the members of the church who
sustained him, and while he forfeited his office,
they ceased 10 be members of the church in
regular standing. They neglected the duties
which from time ~immemOrial, had been regarded
as obligatory. When the charter gave the power
to the members Of the church To elect trustees
from their body, what was its true intent and
IL was to secure men to manage its
who illustrated in this relationship, ~
well as in their lives, the religious principles
they professed. BY the custom and usagrs
of the churches, it is well know what is intended
by the expression, "a member OF n church IN
regular standing" The charter means when it
this responsibility upon church members
Of electing trustees from their number, that they
have qualifications according Ia the received
opinion of Christian churches of the same de-
nomination.
The Court would not be understood as express
iur IN nrinInn flat thpy would eNaInina r,lrtirli-
lar eases. but when the church, by Il majority.
have abandoned the obligations incurred by them,
they have forfeited the rights of control over the
church cdiicc which the charter gave them. The
trustees hold the property for the religious society,
and the charter recognizes no such irregularities
ind continued neglect of duty Is have been pro-
yiicd in this case. Ii has been truly said that
the Christian church is founded on the living
corner stone, and is the mast venerable mOnu-
ncnt of time and history. This holy and sIguiii-
amt form, the Lords Supper and Baptism. should
he honored and sustained, they are the rights
a. some writer has said. 40 are to the Gus
pei, what marriage and legitimacy are to so
true slcrImcnts. to maintain which every
should lend his enlightened and CRATE
Iul support. and there cannot he II doubt that
any body of men, calling themselves a
Church of Christ, cease To have faith in these
sacred rites il cannot long be sustained. They
We're regarded ~ important, IL not ~ essential,
by the great founder ui our religion, who said IN
reference To- baptism - for thus { becometh us to
hullll all righteousness" Aud 1t ii not wise,
nor ia accordance with those principles or the
common law. which have :ei, renee Ia what con-
.titutes Il church, t. disregard them.
IL appears in evidence that defendants also
were elected trustees 10y certain persons. who
that they We're members OF the church
ia regular standing, but the court are not salts
led that the election was in conformity To law.
There j. no reliable evidence either that the per
voting, or those voted for, were members Of
he church in regular standing. Ii would De-
unsafe ~ well ~ illegal 10 intrust property to
persons - irregularly chosen.
The Court Is Of opinion that the choice of the
a. alleged by the plaintiffs was not legal,