The central Presbyterian. [volume] (Richmond, Va.) 1856-1908, 1882-08-30
For the Central Presbyterian.
" Fraternal Relations" and Cdr.
Dabney."

Dabney."
Although neither the Central Ptes5y-
terrain nor the Christian Observer has pub
lished Dr. Dabney late article on the
fraternal relations" question, yet as it
is evidently intended, if possible, to affect
the sentiments and opinions of Presbyte-
rians, and, for that purpose, has appeared
in FIVE Presbyterian publications, and has
been, doubtless, extensively read, pro-
pose herein to make some remarks upon
one important topic presented in it.
1t is impossible for any competent critic
to read his assault upon the Supreme
Court of the United States for its decis-
ion in the case of "the Walnut Street
Church of Louisville, KY" without reach
ing the conclusion either that he has not
mastered the facts and principles under
lying that decision, or that he sees them
through a medium so distorting and de-
ceptiye as to incapacitate him for form
ing sound judgment. His view of that
case IS so erroneous and inadmissible, that
he thereby casts deep shadow of doubt
and suspicion upon every other view
given in his article. For, that decision
of the Supreme Court has been subjected
to the most searching analysis by able
minds on both sides of the Atlantic, and
it has stood the test, and has given final
confirmation and stability to the o7aly safe
principles on which civil courts in Amer
lea can come into contact with, ard de-
eide questions of church property or &C.
clesiastical rights.
The case is reported in full in some
sixty pages (679-738) of the 18th volume
of Wallace's Supreme Court Reports, I'M
der the title Of Watson Us. Jones. 1t was
decided by full court of eight justices,
and was practically unanimous. Chief
Justice Chase did not hear the argument,
nor take any part in the decision and
though Justices Clifford and Davis gave
dissenting opinion. it was not on the
merits of the case, but on a collateral
question of Jurisdiction. And, that the
opinion of the Court was reached after
the most cautious, elaborate, and enlight-
ened consideration, appears by its inter
nal evidence, and especially by the clos
ing words, The novelty of the questions
presented to this court for the first time,
their intrinsic Importance and far-reach-
ing influence, and the knowledge that
the schism in which the case originated
has divided the Presbyterian churches
throughout Kentucky and Missouri, have
seemed to us to Justify the careful and
laboTous examination and discussion
which we have made of the principles
which should govern the case. For the
same reasons we have held it under adj
visement for year not uninAuenced by
the hope, that since the civil commotion
which evidently lay at the foundation of
the trouble, has passed away, that chart
ty which is so large an element in the
faith of both parties, and which, by one
of the apostles of that religion, is said to
be the greatest of all the Christian vir-
tues, would have brought about recon
citation.
The principles settled by this admir-
able decision are briefly as follows: that,
in the United States, there is complete
separation between Church and State :
that the civil law knows no heresy and
is committed to the support Of no dogma,
the establishment Of no sect" that, new
ertheless, the civil courts are compelled
to decide questions as to the possession
and enjoyment OF Church property when
brought before them in order to prevent
breaches OF the peace and disorderly con
tests; that in deciding such questions the
court will be governed by the terms and
trusts expressed or necessarily implied in
the original gift, grant or sale by which
the property was acquired that in case
the Church organization in which the
controversy has arisen be not independent
OF congregational, but be a recognized
and admitted part Of a general Church
organization, having a written constitu-
ton and forms, Book Of Church Order,