New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-16
CHURCH AND STATE.
IMPORTANT SUPREME COURT DECIsIoN-BIND1NG
FORCE or DECISIONS OF ECCLESIASTICAL
GOVERNING BODIES ESTABLISHED.
my TELEGRAPH To THE TRIBUNEl

IMPORTANT SUPREME COURT
FORCE or DECISIONS OF ECCLESIASTICAL
GOVERNING BODIES ESTABLISHED.
IBY TELEGRAPH To THE TRBUNEl
WAsuINGroN, April 1j.-The Supreme Court
was called upon to-day for the first time 10 decide the
relations between Church and State Tho case, that OF
Watson against Jcnner was controversy between the
two bodies into which Presbyterian Church OF Louis
vine KY. divided about the close of the war;
and tn question which the Court decided was winch OF
these two entitled to the of the church
building and other property The schism originated IN
the questions growing out OF the war. The General
Assembly Of the Presbyterian Church OF INC
United statos "Old School," 10 which tie
Church belonged by various declarations and resolu
TONS passed at its annual meetings during the Rebellion
EXPRESSED its sense the duty Of all good citizens TO ss
tain the Government in that struggle and its adherence
10 President Lncolns ProclamatiOns Of Emancipation,
and its antagonsm to Slavery. As soon as the tary
possession was Withdrawn in the border States OF Ken
lucky and souri, the members of these churches who
sided with the Southern States view of Slavery,
and OTHER matters, declared their hostility 10
the action Of the General Assembly. This
rcsulted division in most OF the churches whlch
finally extended the Presbyterans and the Synods OF
these States and in the Withdrawal Of the friends of
Slavery from tie General Assembly Of Presbyteras OF
the United states, and the union with body Of the
came character styling itself "of the Confederate
States On suit brought in the State Courts OF Ken
lucky TO decide who the lawful trustees and elders
Of the church in question that Court oyerrued the de-
oison of the General Assembly and held that the officers
Who denied its authority and refused obedience to It's
orders the true church officers Some or the members
OF that church. who resided the Ohio River, in In
diana having the requisite citizenship TO confer Juris-
coton brought suit in the United States Court at Louis
VILE 10 have their right TO the use OF the church as
place worship protected and the decree OF the Circuit
Court establishing those rights was to-day affirmed by
the Supreme Court.
MO yhiel Vvaa
ler holds that property which is the subject Of
controversy Of this kind has been dedicated to the pur
pose Of supporting any definite religious doctrine or form
OF worship by the deed or Will OF the DONOR OF by inc
act Of purchase the Civil Courts will that it is not
diverted from the trust to which it is thus devoted and
~ necessary for this purpose will inquire which Of
two conflicting bodies claiming TO be the true adherents
Of the faith form OF worship to which the
property was dedicated, and Will determine this for
themselves. But when the property is given TO or
bought 10y rel giOus congregation of me fIISlpH ises
OF the church. and no special trust Is stateG III inc ueeo
will or deearative trust ID FAVOR OIL secnc regoHs
the s control the question to be answered
oranzaton legitimate successori In the case OF
Independent congregations, whose government IS
complete within themselves, this Is not dlIncult,
but when the local church which bought or
butt property is itself but part Of larger and moro
general organization or denomination II becomes more
diicu IL such the Court lays down the princi-
pie that it will accept the decision of the highest ecee
sasticl tribunal which tine case has been carried
within that general church organization as hnal, aud
will inquire into the justice or injustice OF ts decree
as between the parties before it. The officers the min
lister, The members the church body which the high
est Judiciary Of the denomination recognizes the
Court will recognize. Whom that body expes
or cuts off the Court will hold to be
no longer members that church. The opinion
supports tas doctrine by exhaustive review OF the
cases England Scotland and America, ana shows WY
"a different doctrine established III England under the
Influence Lord Chancellor Elder and by the weight or
hs influence in the House of Lords forced on the Scottish
Court IS not applicable TO country, under prin
cipIes OF ous liberty and total separation OF church
aud State. And il shows the overwhelming weight OF
t4fc al flfri
favor Of the doctrine laid down by the Supreme Court
The general interest 10 the churches
whose vast property may be affected by 1t in cases or
.eparatio, and il Is the first time that the supreme
Court been called TO consider the relations OF
the civil the ecclesiastical courts OF THIS country ana
the eject upon that relation OF the general principles
which govern the relations Of Churcn and State under
political system The case has been held under adj
yiseIncnt for year. parity IN tne nope hst rcconca
exaui OF the and the facts involved III II.