The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-05-02

religious and charitable associations is per-
mssive withdrawal in order to enter another
association of the same kind. The dismission
is of q person in good standing, not of one
disgraced or dishonored; and a card of dis
mission is given him by which he can al once
enter another society. Fertile as is the
English language, however, it is difficult
to suggest any other appropriate word
in lieu of dismissed which has by
long usage in this connection acquired
technical meaning in religious and charita-
BILE societies.
The word discharged might have been
used if the idea of an enforced separation was
intended to have been conveyed; but even
this word in the army, where it is always
used has to be prefxed with the adjective
honorable or dtshonOrabJo to describe the
character of the discharge. But there can be
no reasonable doubt suggested by any think
ing person of the entire absence of power In
either the minister or congregation to dis
solve the connection between them without
the consent of the other, nor even then with
out the appreciation of the ecclesiastical au-
thority. This is q salutary rule which works
we'll both ways; it secures the parish against
abandonment in its early struggles for exist
ence, and when its existence is assured it
secures the minister from being rudely
turned away by the creature which he has
helped to bring up; and it inculcates and
leads to harmony of thought and action. Be-
sides, it makes him open, frank, and bold in
the enunciation of the doctrines of the
Church, and persistent in his incubation of
their duty upon the congregations he is
saved from being a trucker or time-server.
| A late ease occurred in the Supreme Court of
New Jersey, in which this question arose and
was decided in favor of the minister. In
that case the vestry, tacitly admitting that
they could not dismiss their rector,
undertook to close the church doors
| against him. Instead of forcibly
opening the doors, or putting an injunction
upon the vestry, or having them indicted, as
he might have done, he sued them for keep
ing him ont, and recovered heavy damages.
The court said that the English ecclesiastical
law forms the basis Of the Episcopal Church
law in this country; that rector, by force of
this law, has either the possession of the
church edifce. or a privilege which enables
him to enter it, such privilege being in the
nature of an easement, which is freehold OF
life estate; and, quoting from Mr.. Murray
Hoffman, said that the title to the church is
in the trustees for all corporate purposes, and
that the control and possession of the church
edifce on Sundays, and at all times when
open for divine service, appertain ex
clusively to the rector, and thai
the rector could no more be excluded
| from, II tbor paw -holdar oould
How, then, can a congregation rid itself o.
an Objectionable minister? There is 40 way
except through the mutual agreement of the
parties, unless he be open to conviction foi
heresy, false doctrine, or immoral living, fo
which he is to be presented and tried in a reg
ular and orderly way. An eminent eanonica
lawyer (Mr. George M. Wharton), now de
ceased, gave this as his opinion in a case which
was submitted to him in 1866. He said tina
minister could not be dismissed against hi
will without previous trial, when, i
convicted, enforced dismissal would be-
part of the sentence. OF course, wher'
there is a radical difference between
rector and his entire congregation, ther,
will be no difficulty in their agreeing upon
dissolution, and the consent of the ecclesias
tical authority can easily be obtained. Blu
without this mutually of action one part,
cannot shake off the other they are bounc
together as husband and wife, for better O
for worse, until their own act or death part
them. Sometimes a separation is effected b,
the vestry reducing the salary of the minister
and thereby starving him out; but if this b
the only purpose of the reduction, court o
equity might restrain such action of tn
vestry, foEequity regards the purpose and no
the form of such action, and will not suffe
party to do indirectly that which, he canno
do in direct way.