The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1895-03-08

Court.
The appellant exhibited his bill in the
Chancery Court Of Jackson county against
the Moss Point Baptist Church. rs we UNDER
stand his wholly inarti6cial pleading, with =
two-fold object, wiz: to fasten q charge or
appellee. and for u reversal OF the action Of
| said Moss Point BAPTIST church In excluding
him from its membership.
1t appears that In the year 1874. Mr.. Dees
and two or three other men. and about a
score OF pious women united in the organiza-
tion Of The Baptist Church OF Jesus Christ
| at Moss Point" The infant church was few
in numbers and poor in earthly possessions,
but, nothing dannted by these apparent dis
couragements. they resolved to build Il house
OF worship according to certain plans and
specifications at an estimated cost OF about
$4,000. A subscription list to that end of
about $3.50 only. was secured, and despite
this poor beginning. the work was begun In
faith and hope. Its prosecution was Ontide
almost wholly to the hands Of one COURAGEOUS
ruggedly r~esolute man. NJ. A. Dees. His In
terest in the work was consuming and his
zeal was unilagging. His W sui scriptlon
to the building fund OF 800 it is needless for
us to say, was promptly paid. and counting
this. and adding the subscriptions paid by
Others. the sum OF $LN was all that could he
| secured. But what was $3.50 in the cOnstruc.
ton Of an edifce which was to cost $1,000? To
accomplish his hearts desire. Mr.. Dees gave
his services. his time, and. when funds failed.
out OF his own means, advanced nearly *l4oo
TO carry to completion this house tobe dedi-
safe to say that. hut for the devoted zeal Of
this devOut man, the undertaking would
have miserably failed. And when his ardent
hopes had their full fruition In the dedica-
tiOn OF a completed house to the Lords SER
vice, he then gave his love. his time, his la
bOrs to tue upbuilding OF this church, which
he had been chiefly instrumental In plant
ing, As adeacon.. as a sunday-school Super
intendent. and as an active, aggressive mem
Der, 1t is no exaggeration to say he fairly
carried the church.
He was earnest, prayerful, and blameless
" US life in the church, and In the world.
- u he had some inirmities is plain. He
s.S positive in his views Of doctrine and gov
eminent in the church, and he was free and
dogmatic In announcing them. lie was u
Baptist Of pronounced type. and he annoyed
and dlsplea,ed some. in and out of his
church. The man Of vehement temperament
and high spirit and fixed opinions meets OPP
position and often makes enemies But his
spiritual life, so far as we are capable OF
Judging from the record before us. was
blamelcss. and his character as a moral man
above all suspicious.
Without previous notice. with no hint OF
any charges to be that day made against
him., he was on Sunday. April 3. 1892, hastily,
unjustly, and ruthlessly accommodated,
under the leadership OF the pastor, by q
pitiful vote of nine members. out OF a total
of about fifty. And this was done in pur-
suance of u preconcerted. secret caucus
agreement of the pastor and Il few members
entered Into the night previous thereto.
1t GEMS TO US that this cruel wrong done
a brother may be within the letter of the
constitution and laws of that particular
church, but 1t was wholly foreign to its
spirit, us we'll as TO the spirit OF Christian
charity and fellowship.
The Baptist Church at Moss Point was. and
is in government and discipline, Il pure dem
ocracy. Its determination Of questions Of
doctrine and discipline is exclusive and final,
There is no appeal to any superior ecclesias-
tical court, and over things spiritual. or &C.
clesiastical. the civil courts. ordinarily. may
not take jurisdiction. The civil government
must be free from all ecclesiastical inter-
ference, and the church Of Jesus Christ, eX-
tr0lled by State authority. Every person
uniting with the Baptist church, implicitly
or expressly covenants obedience to is laws.
and by that covenant, this appellant Is
the church III excluding him. and he Is with
out direct redress by appeal to u higher
ecclesiastical tribunal. by the very constitu-
/ tion of the church of his love.
IL we had jurisdiction In matters ecclesias-
teal, land we thank God we have not. the
order OF accommodation in this painful
case should be reversed and rescinded; for a
more petty. unfair. and unjust exhibition Of
religious tyrany can hardly be imagined
Let the unhappy appellant console himsclt
by the reflection that. tn the secular mind
the strongest proof OF the divine origin of
the church OF God on earth, and its final
triumph is to be found in its survival OF all
the follies and crimes Of its ministers and
lnquestions involving property rights IN
church organizations. the civil w has
Jurisdiction. and is and of right in this free
land, ought to be supreme.
That Mr.. Dees advanced, not gave. nearly
$l4OO out OF his own pocket. to build and
suitably furnish the church house. Is certain
The decree Of the special chancellor SO finds
and we heartily concur In that finding. That
and herein we disagree with the court below
When and where and in what wav did h,
GIVE it? Where is the receipt given, or thu
a%cquittance signed by the appellant? Il
statement OF one or more of the witnesses
for appellee that Mr.. Dees somewhere. and al
some time SAID he had given this munifcen'
ADVANCEMENT to the church cannot over.
balance due NJ. A. Decs Of about $l400, anC
lAll the other evidence in the case, on thi,
point. That this loyal and devoted Baptist
would never have resorted to the courts OF TIT
advanced by him, but for his miserable ex-
pulsion from the church, we have no doubt
but that Is to his everlasting credit, and L
in no way shows that he ever GAVE the ad.
vancemcnt to this church which he SO mucl
loved.
There is another hard, though perfectly
legal defense, set up in the plea. BY way Of
answer, OF the church at Moss Point, of the
statute of limitations, which stand In thu
way Of a reversal. In "a noble spirit OF de.
vOtedness tp this particular church OF hi
affections, the appeallant Tor more than A.
teen years f0rbOre to make Hhy demand fol
payment Of his large debt, and his plea Of
the statute Of limitations presents an insur.
mountable obstacle to appeallant's successful
assertion to his right To fix u lien for ad
vancements upon the property. The appel
liant, during all these long years, was u mere
trustee of the dry, legal title to the property
lie was not In possession OF the property II
the execution, OF an active trust, making re-
pairs and necessary improvements, for which
he might demand repayment OF the owner
on the execution and surrender of his trust;
he was the simple depository of the naked
legal title, and his wonderful forbearance &c
even make demand for payment of his pOOI
and struggling brethren has subjected his
claim TO the bar OF the statute Of limitations
We regret that, under the law we cannot
give him even this relief. His compensate
must come from u consciousness of a higl
duty nobly performed by him; from the ap.
prOval Of his course by the good and wist
preachers OF his church, who have bOrnt
stri king evidence TO his character as u ma
and u church member; and from that pro
found sympathy OF this court for him II
his old age.
We regret that our duty compels an AFR
nance % the decree of the court below, but
not upon the ground given for that deere,
by the court AFFIRMED.