Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1867-06-28
FRIDAY MORNING, JUNE %, 1867.

In our Circuit Court last week the CUES
ton came up as to which branch of the Meth
odist Church were the real owners Of the
church property located in this place.
The Congregation now worshipping in
che church property have held undisputed
possession of it for upwards of fifty years.
The last Legislature, with view no doubt
to make peaceful solution of the question
as to the right Of property, passed an act
granting the privilege to the members of
the various churches throughout the State to
take a vote as to which branch of the church
they would adhere to.
The Methodist Congregation in this place,
in accordance with that act, took the vote
and out of 118 persons entitled to vote,
1O1 voted to adhere to the Methodist Church
South, while the remainder either failed or
refused to vote.
The result Of the vote of the congregation
was reported to the Circuit Court to be ell
tered upon the record as the law requires.
Col. Baldwin as Coun sci for the Congre-
cation South, presented the papers in Court,
when Mr.. Woodson Of Harrisonburg and
Maj. Bell of Staunton, counsel for the North
ern branch Of the church, offered a petition
of remonstrance signed by Rev. Mr.. Censor,
the preacher in charge of the Northern Meth
odist Church at Staunton, Rev. Lawson,
colored preach er in charge of the large col
ored Congregation, now worshipping in their
own church in Staunton, by one member Of
Mr.. Consor's Congregation, and three color
ed persons, members of the colored Congre-
cation.
These petitioners objected.
1. That the Methodist Church in Staun-
ton is built upon lot which was conveyed
for the use of the Methodist Episcopal Church
and that it belongs Of right to the members
of that Church.
g. That the congregation now in possession
Of the Church do not belong to the Methodist
Episcopal Church-but have resolved to 90
with the Methodist Church South, and con-
sequently have lost their right to the prop
erty.
3. That the petitioners and others, belong
ing to the two congregations represented by
them, are the true members Of the Methodist
Episcopal Church, and as such are entitled
to the Church property, and
4. That the act of the Legislature under
which the proceedings have been had is IN
constitutional and void, and the whole move
ment without validity, and that the papers.
relating to it ought not to be admitted to
record.
For the congregation it was replied
l. That the title to the Church property
could not be tried in this proceeding, except
so far as this congregation has right to it,
and that if others claim an adverse right they
must sue for it in regular form.
2. That the object of the law of the last
legislature was to protect local religious con-
gregotious who when their Church divided
were compelled to make choice between the
different branches of it, and to allow them in
such cases to take their property with them,
and that it was the purpose of this congrega-
ton to claim the benefit of that protection.
8. That the petitioners, while they claim
to be Methodists, do not pretend to belong to
this congregation, and of course have no right
to interfere with a proceeding which concerns
this congregation alone and cannot effect the
rights of any other parties, and that the law
of Virginia recognizes only "religons congre-
gataons,'' each of which is, under the law,
distinct from all others, even of the same
Church.
4 Thatin this proceeding the Court will con-
fine its inquiries to the regularity and fairness
of the steps taken to ascertain the determina-
ton of the congregation, and will hear no OBJ
lection which is not founded upon some sug-
gestion that by reason of fraud, accident or
mistake the vote has not been correctly taken
or reported.
5. That the Court will not undertake to
pass upon the constitutionality Of the law un-
til the question is distinctly presented in an
issue fairly made between. proper parties
so that decision will end the controversy
The question was extensively argued, but
the Court refused to entertain the objections
Of the Petitioners on the ground that they
were not members Of the Congregation,
whose action they opposed, and that the on
ly legitimate inquiry in these proceedings
was as to the regularity or fairness of the
vote of the Congregation, under the Act Of
the General Assembly. The action of the
Congregation being found regular was Or
dered to be entered upon record. @
Whether this controversy will be prose-
cuted further, is not known. If it should be
the final result will be of considerable in
terest to our people, involving, as it does, a
large amount of church property
Gen. L. w. Patton, of Towanda county,
Pennsylvania, was invited by the colored
people Of Richmond to address them on
Monday night last. Gen. Patton prepared
an address, counseling the colored people
not to distrust their former masters, giving
history of slavery and its authors, arguing
against confiscation and in fine advising the
Sherman bill to be taken, as it is, as the ba-
SIS OF final reconstruction. The tenor Of
zen. PattOn'S proposed remarks COMING to