Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1881-03-30

IN que form. Lost Creek Was renra.a,..s
before Presbytery when the division w,.
granted, seemingly by a committee. a,,r,
appointed by that congregation, or by agents
duly constituted. (See Exhibit. No. lon
Lost Creek applied to Synod, but the SYNOD
sustained the Prestytery--then to the Gem
/. eral Assembly, and the commission =,
whom that body referred the appeal recon-
mended that the complaint be dismissed
! and reported deliverance, SO that the final
Judgment be expressed in the language n,
the supreme ecclesiastical judicatorv. 70
wit; " The Cedar Spring Church consists
of the two Congregations OF Mif,in and
Lost Creek, eight miles apart, and united as
one Incorporated society. The p.orle of
Miffiin pctitioned the Presbytery to he
organized as new and separate church
ana a committee was appointed by the Pres
oytery Tor that purpose. Having been in.
formed that an organization into a new
church might JeOpardize their claims to any
portion OF the property they hold In COM
mon with the people of Lost Creek. the
members OF Cedar Spring Church at Miffiin-
town recalled their previous request, and
asked the committee of Preshytery to di-
vide the old church and set them off as a
part OF II, and organize them into a distinct
church. The committee acceded, and the
act was approved and adopted by the Pres
bytery. The people Of Lost Creek COM
planned to Synod that the division of the
church was irregular, unconstitutional and
Injurious
/. Because the Committee of the Presbs4
terry were appointed to organize a new
church and not to divide the old one.
:. Because the Presbytery were iacom-
/ petent TO divide the church without the
consent of that part Of il connected with
the Lost Greek congregation.
g. Because no notice of the appointment
Of the committee of the Presbytery had
been given to the Lost Greek people, and,
4 Because division OF the church must
be injurious to both places, by the aliena-
tion which must be produced.
The Synod dismissed the complaint and |
sustained the Presbytery.
The complaint of the action of the Synod /
is brought up to the General Assembly, on |
the grounds on which complaint OF the ac-
tIon of Presbytery was based
The dismissal of the complaint is recon-
mended to the General Assembly, because,
l. The action of the committee of Pres
bytery was made their own by the Presby-
terry. The Presbytery are competent TO
divide church on petition from portion
Of its members, and especially Of majori-
ty Of its members.
2. Notice of the coming of the commit
tee Of the Presbytery was published from
the pr,pit of Lost Creek, and the proposed
coming of the committee was well known
TO the people there.
3. Because tue Presbytery and Synod,
well qualified to jugde of this, deemed it
expedient, and for the interest of both con-
gregations, that the church should be divi-
ded, and that the property of the two con-
gregaiions be left for future adjustment
X. Under this decree the Mifiin congre-
CATION called minister, occupied the joint
property at that place, and were indepen-
dent of the Lost Greek.
XI. There is no schiSm; both congrega- -
tons are adhering TO the Presbyterian faith
and form of worship. Il
We will first dispose of a technical issue,
namely, that Presbytery divided the Cedar (
Spting Congregation without nctice to the
Lost Greek branch.
This objection is without foundation, as
S TX finds that they had notice, aud appear
ed, and resisted. and appealed twice. The
purpose OF summon or notice Is. to in
form the party of the demand made upon ,
him, SO that he may appear and defend.
II he appear under an irregular service, or
without any service at all, and take subse- {
quent steps ia the cause, he valves the irreg
ularity aud cannot revert to it. Poor VS..
Smith, 4l6; Zion Church VS.. {
ST. Peters, ) ". 2l5; Sherer VS.. Eas;on :
Bank, 8 Casey, lSi.
The Plaintiffs bill proceeds upon the as
sumption that the act of Presbytery, by |
which the Cedar Spring Congregation was
divided, so far as that each church may be :
enabled to act for itself in the election of |
pastor and elders, is ultra piUes, and that in
law their relation 10 each other, and that |
imposed by the charter of 1907, remsin in {
full force and effect. This view involves {
h.. r.,.D fs. fxti
cations. The VIII 5, Chapter y, ef the '
Form OF Government, declares
that the Presbytery has power to unite, or |
divide congregations, at The request Of the {
people, and the church judicatOrieS hold J
that they may do it on the petition OF mi I
nority. Moore's Digest Of 1873, 2. lI3. 1t
is not TO BE- doubted that the Cedar Spring
originally, and the present J
congregations of Mifiin and Lost Greek are |
members of the general church
known as the Presbyterian
Church of the United States Of America, '
in which there are superior ecclesiastical
tribunals, with a general and ultimate power q
of control more or less complete, in the
Presbytery. Synod and General Assembly. I
In such case the rule is well established, a
and governs the civil courts, that whenever c
the questions of discipline or of faith. or c
rule, custom OF law, have been C
decided by the highest of these church I
TO which the matter has been t
carried, the legal tribunals must accept such a
l.. -. iS
in their application to the case before them
German Ref Church VS.. Seibert, Barr.
2SI; NcCIinnis VS.. Watson, > Wright, 3; :
W Watson VS.. James, XI American Law Reg. !
n. S. 430, where the authorities are all
cited, in the opinion of Justice Miller OF the
U. S. Supreme Court.
Ii is matter of history that the power