The New York Herald Newspaper, November 13, 1851, Page 3

THE GREAT WETHODIST EPISCOPAL CHURCH CASE. North versus South. ‘The Decision in favor of the South. 1W. . Circuit Court, November 11. @enry B. Bascom and Others vs. George Lane and Others, Judge Nelson delivered the following important ‘and able decision in this ease, which, it will be re- ‘amombered, was argued in May last by eminent @oungel for the North and the South. The Hon. Roverdy Johanson, of Baltimore, Mr. Daniel Lord, of N. Y., and Mr. Johnson, Jr., Baltimore, were ounsel for the South, and he Hon. Rufus Choate, of Boston, Mr. George Wood, of N. Y., and Mr. E. L. Fancher, of N. Y., for the North. The ar- gument occupied the Court from the 9th to the 21st -of May, from which fact it will be ssen that though the ion of the judges is long, it is not more ela- orate than the importance of the question de- ‘mands. The complainants state in their bill, that fofore and on the ig th day of June, 184» there existed in the United States of America, @ voluntary association known as the Methodist Episcopal Church, not insorporated, but com- d of seven bishops, four thousand eight hun- -dred and twenty-eight preachers belonging to the travelling connection; and, in bishops, ministers and memborehip, about one million one hundred mnd nine thousand nine hundred and sixty, thon being in the United States and territories thereof anited and holden together in one organized body, by certain doctrines of faith and morals, and by eertain rules of government and discipline. Thay ithe general government of this church was vested in one body, called the General Conference, and in certain subordinate bodies called Annual Con- ferences, and in bishops, travelling ministers, and reachers; and that the constitution, organization form of government, and rules of discipline, as well as the articles of religion and doctrines of the ehureh, were of general notoriety; but, for the mor. rticular information ofthe covrt, refereuce is made a printed volume, entitled ‘* The Doctrines and Discipline of the Methodist Episcopal Churoh;” and the complainants allege that differences and disagre ements having sprung up between what was ealled the Northern and Southern members, in res- ect to the administration of the church govern- ‘ment, concerning the ownership of slaves by the aministry of the church, of such a character, and attended with such consequences, as threatened fearfully to impair the usefuiness of the church, ag ‘well as permanently to disturb its harmony; and, shat it borame a question of grave and serious im~- portance whether a separation ought not to take place by some geographical boundary, so as that ahe church should thereafter constitute two sepa- gate and distinct Methodist Episcopal Churche: and, thereupon the complainants allege that at a General Conference of the shurch, holden apes o usage and discipline, at New York, on the eight day of June, 1844, the following resolutions were duly adopted by a majority of over throe-fourths of the entire body. As the principal question in the ease arises upon these resolutions, we copy them entire. Resolved By the delegates of the several annual con- ferences, in General Conterence assembled. 1, That should the annual conferences in the slave- holding States find it necessary to unite in a distinct ec- ~clesiastical connection, the following rule shall be ob- ferved with regard to the Northern boundary of such connection ;—All the socicties, stations, and conferences adhering to the church in the South, by a vote of a majority of the members of said societies, stations, and conferences, shall remain under the unmolested pastoral gare of the Southerh Church; and the ministers of the ‘Methodist Episcopal Church shall in no wise attempt to organize churches or societies within the limits of the Church South, nor shall o- atcvempt to exercise any pastoral oversight therein; it being understood that the ministry of the South reciprocally observe the same rule Jn relation to stations, societies, and conferences, adher- dmg by @ vote of a majority to the Methodist Episcopal Church; provided also, that this rule shall apply caly to aocictics, stations, and conferences, bordering on the line ef division, and not to interior charges, whieh shall, in all cases, be left to the care of that church within whose territory they are situated. 2. That ministers, local and travelling. of every grade ard office, in the Methodist Episcopal Uhureh, may, as Shey prefer, remain in that chureb or, without blame, attach themselves to the Chureh South Resolved By the delegates of all the annual con- erences. in General Conferences assemdled, That we re- ‘semmend to all the appual copterences, at their first ap~ wroachipg sessions, to authorize a change of the cixth westrictive article. so that the first clause shall read thus: *They shail not appropriate the prodace of the Book oth joncern, nor of the Uhurtered Fund. to pur- Pore other than for the beaetit of the tra uper- vumerary, Fuperannuated, aud worn oat prow nd to such other purpos: y ® vote of two thirds of the General Conference.” 4. That whenever the annual conferences, by a vote of three-fourths of all their members voting on the thied r+ sclution, sball have concurred ia the recommendation to alter the sixth restrictive artic the agents at York and Cincinnati shall #horized and directed to, deliv agent oF appointee of the Church organized, ail notes and book accou| nisters, church members, or citizens, hin ite bound. acies, with authority to collect the # for the sole use of the Beuthern Church; and that said agents also convey 40 aforesaid ageut or appointee ‘of the South, all the real vestste and assign to him ali the property, including oresse” stock, and al! right aod interest connected with the printing establishments at Charleston, Rieh- mond, and Nashville, which now belong to the Methodist Eplecopal Church. 6. That when the annual conferences shall have ap- proved the afereraid change in the sixth restrictive ar- dicle, there ehall be transferred to the above agent for the Southern Church; so much of the capital and pro- duce of the Methodist Book Concern, as will, with the notes, book accounts, presser, &c., mentioned in the last rerolution, bear the same proportion to the whole property of said Concern, that the travelling preachers in the Southern Church shall bear to all the traveiling sinisters of the Methodist Epircopal Church. The divi- sion to be made on the basis of thenumber of travelling preachers {a te fortheoming minutes. 6, That the above transfer shall be in the form of a sual payments of $25,000 per annum. and specifically stock of the Book oncern-and ia Southern notes a sccounts due the establi*thmeot and accruing after t Grst transfer mentioned above ; and until the Poy wpe] are made. the Southern Charch shall share in all the net profits of the Book Concern, in the proportion that the amount due them, or in arrears, bears to all the property of the Concern 7. That Nathan Bangs, G Finley, be, and they are hereb; to act ip concert with Lhe sam appointed by the Southern o: formed ) to estimate the amounts which whi fall due to the Bouth by the preceding rule, and to have full power to carry ato effect the whole arrangements proposed with regard to the division of property. should the lace. And if by aay means a vacancy oc Beard of 1 8 Against the mi- ration take curs in this Ts, the Book Committee the rom. 3 re hereby autho- vised and Girected vo aot in concert with raid Southern gen! ae to give the provisions of these resolutions © ding 1orce ali the property of the Methodist Episcopal Church, in meeting houses, parsonages colleges, schools conference funds, cemeteries, and of every kind, within Geman aa the prem 10 That th ch ro formed in the & e ectilement by the ews 11. That the B gente at New York be di nake euch compensation to the ¢ beir div ¥ sieners soted to bishops be resp of this report, requiri conf: reaces, Welore them ning with the New York Cow The eompiainal General Conference and authority to adopt the reso had fall an all of them, and that the same became of bindin roree and ¥ rerolutions, ‘wn th ‘alidity; and that in pursuance of sald hb procoedings were afterwards had of the Methodist holding States, in convention assembled by delegates (elected basis of the resolutions of the General Cone On the several annual conferenc ot ference of 1844,) at Louisville, Kentucky. first day of May, 1545, the following resolution was adopted after mature and deliberate oonsidera- tion :— eit resolved, by the Delegates of the several Annual Jonferences of the Methodist Bpiscopal Church in the slaveholding States. in General Convention asembied, That it is tight, expedient, and necessary, to erect the ennual conferences represented in this convention, into @ distinet eccletinationl connection, separate from the jurisdiction of the General Conference of the Metho- diet Bpiscopal Church, a¢ at present constituted; and acccordingly. we, the delegates of raid annnal confer- ences, acting under the provisional plan of separation ‘ed by the General Conference of 1844, do solemnly ‘are the juriedietion hitherto exercised over said 1 conterences, by the Genetal Conference of t hedist Kpiscopal Church, entirely disoived; and | that eeid annual conferences shall be, and they hereby | are ccnstituted, a separate ecclesiastical conneotion. | ander the prov.eional plan of separation aforesaid, and | bared upon the discipline of the Metbodist Episcopal | chureb. prehending the doctrines and entire moral, | soclesinsticnl, and economical rules and regulations of sid divciptine, exoept only, im so far as verbal alterations | usy be necessary tom distinct organization, and to be n by the style and title of the Methodlat Episcopal | arch South — Yeas 4 And, that afterwards, on the second day July, | 1946, & council of the bishops of the Methodist | Episcopal Church met at New York, (vhichcoun- | | of t ‘etary should be appoin reseat be ascertained, ishop who may tide at the ensuing annual conferences; or forw: to said presiding bishop 4 written request to be recogaized aud bave «preacher sent them, with the names of the majority appended thereto. And the complainants aliego and insist, that by, ardin virtue of, the foregoing proceedings, e Methodist Episcopal Church in the United 5| 5 as it bad existed before the year 1544, became and was divided into two distinct Methodist Episcopal Churches, with distinct and independent organiza tious, powers, and authority, composed of the seve- ra! annual conferences, charges, stations, aad socie- ties, lying or being situated north and south of she aferosaid line of division. And the complainants further allege, that, by force of the foregoing rooeedings, the Methodist Episcopal Church South became, and was, entitled to its proportion of all the property, real and per- sonal, and of all funds and effects, which up to the time of the separation had belonged to the Methodist Episcopal Church; and, that the Church South was, and is so entitled, without any change or alteration of the sixth restric- tive article above mentioned. That before, and on the said eighth day of June, 1844, the Methodist piscopal Church owned and pos- sessed a lar; ount of property in various parts of the United States, real and persoual, which was in the hands of agents and trustees; and, amon, othere, large interests therein belonged to the sai church—what was denominated the Book Concern, in the sty of New ork, consisting of houses and lots, machinery, printing presses, bookbindery, books, papers, debts, cash, &c., amounting to about the sum of $750,000—the whole of which property is now in the possession of the defendants Lane and Scott, as book sgents. And the complainants further allege, that, after the division ot the Methodist Episcopal Church into two distinct churches by virtue of the reso- jutions of the Cieneral Conference of 1514 and the action of the Annual Conference of the South, as hereinbefore set forth, th agents of the Book Concern, since the year 1515, have utterly refused to pay to the annual conferences, south, or to the complainants for and on behalf of them, their said just propor- tion of the profits and income of the said Book Concern, and that they still continue to witbhold the same. That the said General Con- ference of the Church South, holden at Peters- burg, Virginia, in May, 1545, in pursuance of, and in compliance with, the poact separation of 1814, proceeded to appoint the complainants, Bascom and Green, together with 8. A. Latta, Commis- sioners, to meet the Commissioners appointed b: the General Conference of the Methodist Episco Church, of 1844, and to settle and receive from the said Commiesioners the just proportion of the pro- perty and effects due to the Church, “South, accord- ing to the said plan of separation; and, that the said Bascom, Green, and Latta, afterwards applied to Nathan bangs, George Peck, and James B Fin- ley, appointed ‘4 the General Conference of 1344, and the said book agents, to meet them for the pur- pose of a settlement and division of the said pro- perty, and have repeatedly called on them for that purpose. But that the defendants have wholly tailed and refused to act in the premises; nor have they been enabled to induce the said book agents, nor Commissioners, nor Church itself, to pay to the said Church, South, its roportionate share of the said property and funds, as providedinthe said pian of separation. And, the complainants allege that they are mem- bers of the Methodist Episcopal Church South ; that Kelly and Allen are supernumerary preachers, and Tevis a superannuated preacher; and that the; belong to the travelling connection of the sai: church; and, as such, have a personal interest in the estate, real and personal, now holden by the Methodist Episcopal Church, by the defend- ants, as agents and trustees appointed by the General Conference; that there are about en hundred ba ap belonging to the desvening con- nection of the Methodist E:piseopal Church, South, each of whom has the nal interest in th said property, as the com) great number of perso covery sought by the said bill, 8 it inconveni- ent, ifnot impossible, to bring them all before the court as complainants; that they are citizens of tates other than the State of New York, and their interests exceed the sum of $2,000; that the de ferdants, Lane and Soott, have the custody and ¢ ntrol by law, and by virtue of their appointment as agents of the book concern, of all the Property and effects of the said concern, as above described. ‘The complainants further allege, that the entire membership of the Methodist Episcepal Church, South, about four hundred and sixty thousand five hundred and fifty-three; and, that the eatire wembership of the Church, North, is about six hundred and thirty nine thousand and sixty-six ; and that it ig, therefore, impossible to bring all the parties in interest before the court in this bill, either us complainants or defendants. The defendants admit the adoption of the resolu- tions of the General Conference of the evighth of June, 1844, by a majority of over threo fourths of the entire body; but allege that the said resolutions were, in respect to their operation and effect, pro visional contingent, and were intended to meet a future emergency, that it was sappozed might arise in the church, between the northern and southern members; and further, that the said reso- lutions, called the plan of separation, were not duly or legally paseed; and that the General Coafereace had no competent power or authority to pags or adopt the same, except that portion comprising the recommendation to the anuual conferences to change the sixth restrictive rule; and, that the last named resolutions, when adopted, were null and void, and without any binding force, except asa matter of recommendation 0 defendants fur- ther insist, that even had the so-called plan of sopa- ration been constitutional and valid, it merely pro- vided for See plan, which, without the happening of certain future conditions, or on the failure of which conditions, or either of them, could not, by its express terms, nor was it ever intended to have, any force or validity, and is null and void. And that the same was never ratified by the annual conferences named therein; and that the Southera annnal conferences have, in all respects, a8 to the Church South, acted on their own responsibility, beso ny authority from the Genoral Conference cf 1844 The defendants admit that the resolutions set i ants’ bill were adopted by the 4 from the annual conferen: assembled at Louisville, Kentucky, on the first of jay, 1845; but they deny that the delegates comprising said convention were elected on th to the authority of the provisional plan of separation of 1844. And they insist that the Methodist Episcopal Church, South, exists as a separate ecclesiastical commun- ion, by the actions and doings of the individual bishops, ministers, and members attached to such chureh, proceeding i on their own responsibility; and ministers, and members have voluntarily withd: themselves fiom the Methodist Epi edopied the r that this cb or as it at any - dist pisces bul that the separation and church of a portion of the ard members were an unautho- alieged in the s withdrawal from ( bicbops, miniete tired separati The defendants admit that before and on the eighth day of Juno, Isis, the Methodist Episcopal ( Fareh owned and posseseed large amounts of pro- perty in various parte of the United States, and that the property, consisting of the Book Concern, with all kouves, lots, machinery, printing presses, &e, isnow, and always has been, the property of the preashers belonging to the travelling connection be Methodist Episcopal Church, and their fa- milies; but that, if each preachers do not, during life, continue in such travelling conneotion, and in communion, and subject to the government of the said church, they forfeit, for themselves and their families, ali their ownership in, and all claim upon eaid Book Concern and the produce thereof. They admit that all lands, property, and effects, pertaining to the eaid Book Concern, are in the pos- eession of the defendants, Lane & Scott, as agents duly appointed by the eneral Confereace. Vhey admit, also, that the said Book Concern was originally commenced by travelling ministers of the Methodiet Episcopal Church, on their own capital, with the design, inthe first place, of citeu- lating fan es knowledge, and by whom it was surrendored to the ownership of all the travelling preachers in full connection, and made subject to | the control of the travelling preachers in their Gene- ral Conference ; and that it was agreed, from time to time. the profits arising from the sale of the books should Be applied to pious and charitable objects, but principally to the support of ye ministers and their families, until, in the Conference of 1796, it was determined that the said moneys should in futuro be applied wholly to the relief of travelling preachers, including such of them ae were superannuated, an ndows and or- phans of such ae were deceased ; that it was resolved in that conference that t! luce of the sale of the books, after the book debts wore paid distressed travelling on Bay 3, for the superannuated and hers, aad the widows and orphaas of ard the mate- ay Wo and answer. deal of documentary proof was read on th $3 but, upon the view we have taken of the casé, it will not be necessary to refer larly to it, except as stated in the course of this opinion, as most, if not all, of the facts material to be noticed are not mat- | tere of serious . Indeed, the bill andantwor present most of the facts upon which our opition will be founded. ‘The complainants include travelling, sapermu merary, and superanuated preachers, belonging to the travelling connection of preachers in the Metho- dist Episcopal Church, South, repcesentiog ia this suit @ numerous body in that connection; ard clain their proportionate sbare in the profits of the Book Concern, which this description of persons were cor- feesedly entitled to before the division of the Me thodist Episcopal Church into two distinct orgauiza- tions took place, under the plan of separation of 1844. This Book Concern was established ata very early day, by the travelling preachers in cpnne- tion with that church, and the profits to be drived therefrom devoted by them to the relief of thor dis- tressed, supernumerary, und worn out brethren, their widows, and orphans. The establishment was small, at first, but, at present, is ono of a very arge capital, and of extensive cperations, producing 1G profits, to be applied in behalf of the objects dithe charity. It has, doubtless, been conducted with great judgment and prudence, by the agents inthe immediate charge of it; but its growth and presyat magnitode are not less owiag to the labors and{o- yotion of the body of fearelling _pevectierss who have always taken the principal cl ge of the cira- lation and sale of the books in the Methodist em- nection throughout the United States, accountiig to the proper authorities for the proceeds. The travelling preachers of this church were tle founders of the charity, and have designated tle objects and purposes to which it shall be applied; and, if itis, at any time, wrongfully withheld by those in the immediate charge of it, or divertal from the objects designed by the founders, it & the duty of the Court to interfere and enforce th execution of the trust. The foundation of this charity is pesuliar and novel, differing essentially from the cases of thi description that have heretofore fallen under tha equitable jnrisdiction of a court of chancery. Tha travellivg preachers are both the founders and tho beneficiaries. They are the proprietors of the cha- ritable fund, snd, according to the constitution under which the endowment was made, also enti tled to its proceeds We do not perceive, however, that these consi- derations can in any way affct the nature or cha- racter of the interest of the complainants, or con- fers upon them a title .o the enjoyment of their proportion of the proceeds, superior to that of be- neficiaries of a pure charity, where a third per- son has made the endowment in the ordinary wa; for charitable and picus uses, or, that it can be a ministered upon any other principles than those governing courts of equity in this class of cases. For, according to the original constitution of this furd by the founders, who hada right to prescribe the terms and conditions upon which the proceeds or profits chould be distributed, and the persons to whom, and, which, when prescribed, furnishes the Jaw of the case for the court, these proceeds and profits have been devoted to the relief of diatrossed travelling, supernumerary, and worn-out hers in the connection of the Methodist Episcopal Church, their widows and orphans; and to eatitle the com- plainants, and thote they represent, to the onjoy- ment, they must bring themselves within the des- ap ‘e must add, however, that the connection of this body with the Ce ge establishment, and sub- sequent growth of this fund, as a portion of its founders, give to their claims a peculiar merit, which cannot but impress apon the court an anxiet; so to administer it as to secure to them the benefit of the fruits of so sacred a trust, if reasonably con- sistent with the rules and principles of equity, and intent of the original founders. The bill brings the complainants clearly within the description of ns entitled to @ distribution of the proceeds of the fund; and the main question in the case, therefore, arises upon the answer and proofs in support of it. It is insisted, 1. That the reeolutions of the General Confe- rence of 1844, hapa understood, do not impart an unqualified assent of that body te a divi- sion of the Methodist Episcopal Church into two separate and distinct o: izations, or churches; that the assent thereby given was conditional an contingent, and that the conditions were not com- plied with, nor has the contingency happened. 2. T if otherwise, the General Conference was bot possessed of competent power and authority to assent to or authorize the division. And, 3. That the division, therefore, that took meee was a nullit d the separate organization a wrongful withdrawal and disconnection from the memberehiy, communion, and goverawent of the church, by reason of which the travelliog, supernu- merary, and mn out preachers composing the ecparate or ion are taken out of the deserip- tien of the beneficiaries of the fand. ‘There were some other matters brought into view in the course of the argument, which we may no- tice hereafter; but, the above positions present the main grounds upon which the defence rests. 1. As to the resolutions, or plan of separation, as they are usually called. he firet one declares, that, should the annual conferences o ithe slaveholding States find it neces- sary to uxite in a distinct ecclesiastical connection, the following shall be observed with regard to the northern boundary of such connection. All the societies, stations, and conferences adhering to the cbureh in the South by a vote of the majority of the members, shall remain under the unmolested ae care of the Southern church ; and then fol- jows a mutual stipulation that each church shall abstain from organizing churches or societies with- in the boundaries of the other; and, also, from ox- ercising any pastoral oversight therein. The second, that ministers, local and travelling, of every grade and office in the Methodist [:pisco. pal Church, may, as they prefer, remain in that church, or withous blame attach themselves to tho Chureh South. ‘The ninth resolution declares, that all tho pro- fh of the Methodist Episcopal Chureb, in meet- ing houses, parronages, colleges, schools, confer- ence funds, cemeteries, and of every kind, within the limits of the Southern organization, shall be free from any claim set up on .be part of the Me- thodist ey Church, so far as this resolution can be of force in the premises The third is a recommendation to the annual conferences, at their approaching sessions, te au- thorize a change of the restrictive article of the fun- damental law of the church, which we shall have occasion to examine with some particularity in onother branch of this case, and which prohibited the General Conference from appropriating the pro- duce of the Bock Coneern to any other purpose than for the benefit of the travelling, supernumerary, and worn out preache: ir widows and orphans, without the concurrence of the annual conferences. ‘The change recommended was to add to the clause of limitation, ‘and to such other purposes as may be determined upon by a vote of two-thirds of the members of the Gereral Conference.” The object of recommending this change, was to enable the General Conference to proceed at once, end make an equitable division of the yg aod effects belonging to the Methodist [piscopal Church, as then organized, between the tw a tate organizations, which bad been autho: the preceding resolutions. Foi next resolution provided that a conferences shall have concurred mendation, the agents at New York and pati were directed to deliver over to th the Church, South, all notes, &e, against the te inist tmoembers, or citizens within its boun- he sole ure of said church; and, also, to gent all the real ertate and other f ith the printing establish- 2 at Charleston, bmond, and Nashville, *bich then belonged to the church; aad in the one following, that there ehould be transferred to the faid agent eo much of the capital and produce of the Methodist Book Concern as would, with the property and effects before mentioned, bear the tome rtion to the whole property of the said concern that the travelling preachers in tho South- ern Chureb bere to all the travelling preachers of Methedist Episcopal Church. The terms and mode of payment were then pre- reribed, and commissioners appointed to meet com- missioners to be appointed by the Southern or- ganization, to estimate and fix the amount that might fall due them according to the preceding airangement And, in win ing up, the bishops are requested to lay that part of the report (reso- jutions) requiring the action of the annual con- ferences, belore them as soon as possible Now, it will bo seen from this analysis of the plan of separation, that the only condition or contin- gency upon which an absolute division of the church organization was made to depend, was tho action of the several annual conferences in the tlavcholding States. If these should find it neces- sary to unite in favor of a distinet organization, by the very terms of the plan, the separation was to take place according to the boundary designated in this purpose, the al their judgment iy made final inthe matter. And when the decision is made, and the church divided ‘ate bodies, it is declared that minis- rade and office in the Methodist Epias- teh, may. as they prefer, remaia in that without blame, attach themselves to South tion confirms this view As socn as the separa: akes places in accord. ance With the first resolution, in mecting houses, conference funde, rsonages, colleges, Fcaools, ft to them to judge of the necessity; and” i the property, Cemeteries, withig the limite | f the Southern is te be free from any claim on the part of the Church. The general and common property, such as notes and o:her o| 5 ether with the property 2s Charleston, Hlttagos, Retvanegeeouana ond, and Nashville, the copital and preduce of the Book Concern, at New the Charter Fund. Some delay was necessary to pro- care that wey rab hin ererar jut one m: 0 was depend- ing only upon the action of the cenfereaces in re spect to the authority. The notes and book debts against persons withio the Southern Church, togeth- er with the several printing establishments situated within its limits, were to be transferred to that church; and, also, 80 much of the capital and pro- duce of the Bock Concern, which, together with the aforesaid property, would bear the sam rorsiea to the whole interest in that concern, as the travel- ling preachers in the Southern Church bear to all the travelling preachers of the Methodist l:piscopal Church. This perfectedthe adjustment of the com- mon property between the two org: 1t will be geen, looking back to the plan of sepa- ration, that the only contingencies, or conditions subsequent, to be found in it, are two. First, the Separate organization was to depend yn the action of the annual conferences in the slave-hold- ing States ; and, second, the division of this latter portion of the common property of the chursh, upon the action of all the annual conferences in re pect to the Raped 2 of the restrictive article. When the annual conferences in the slave-holding States acted, and organized a Southern church, as they did, the division of the Methodist Episcopal Church into two organizations became complete. And so would the adjustment of the common pro- perty botween them, if the assent of all the annual conferences had been given to the ehange of the restrictive article. The failure to give that has left this part of theplan open, the on 4 consequence of which is, to deprive the Southern division of its share of the property dependent upon this assent, and leave it to get along as it best may, unless a right to recover its position legally results from thy authorized division into two separate organizations ‘The argument against this view is, that the se- paration was to take place, not only in the event of the concurrence of the Southern conferences, but also upon the assent of all the annual conferences to change the restrictive article. And the pream- ble to the plan of separation was referred to, as countenancing this construction. We think other- wise. Onthe eontrary, in our judgment, it con- firms the view above taken. That preamble recites that a declaration had been presented to the Generai Conference, with the signatures of fifty-one delegates of that body from thirteen annual conferences in the slaveholding States, representing that for various reasons enu- mcrated, the objects and purposes of the Christian ministers and church organization cannot be suc- cessfully accomplished by them, under the jurisdic- tion of the General Conference, as then constitu- ted; and that, in the event of @ separation, a contingency to which the declaration asks at- tention, as not improbable, we esteem it the duty of the General Conference to “meet the emergency sith Christian kindness and the strictest equity. Then follows the plan of separation. And it leaves (he strongest impress throughout of the conviction and spirit so feelingly and impressively announced hb the preamble. The soeation of separation is left to the judg- nent of their Southern brethren in the church, vhose delegates had declared the necessity, and provision is made for an adjustment and decision of the common property, whioh, so far as we know, axe founded upon principles of “the strictest equi- ty between the parties, and then the constitution- ors of the conference are exhausted in the deavor to carry out thia division. Itis apnenent rom the plan of separation, as wel asfrom the whole course of the proceedings, that, if this body had ee the power, or had believed tl dit, to make an effectual division of the property, it would have been made at the time, dependent only upon the determination of the Southern Conferences for a separate organization. ‘They advanced as far as was suppored to be in their power; and took immediate steps to obtain the ne- cesssry authority to perfect it. The division of the property was not an element thatentered into the considerations of the Southern delegates to declare fora se) te organization. They related to a different sub; and one ef much more transcendent interest to the churches North and South, and which during the present session had threatened te rend this vast and heretofore compact body of Christians in picces. tation grow- ing out of it bad reached the highest authorities of the Church, and had brought in conflict its chief functionaries, and ablest members, and in respect to which opinions were entertained and expressed, deep and irreconcilable. In the judgment of a large portion of the body se- paration was the only alternative to preserve the fu- ture Christian fellowship and usefulness of the Church. The division of the property was but a consequence of separation, subordinate, and of com- parative insignificance. Instead of the decision of the Church depending upon the division of the common property, tae very reverse is the result of the true construction of the dian of separation. As to the power of the General C authorin eparation of the Charch org: a The Methodist Episcopal Church of the United States was established, in its government, doctrine and discipline, by a General Conference of the tra- veling preachers in this comm: , in 1734. Down ia America had ¢ founder of this wh the agency of been governed by Jobn We: denomination of Christians, his assistants. During this the entire govern- ment was taken into the ds of the travelling preachers with his spuetnelion and assent. They organized it, established its doctrines and discipline, — the several authorities—superintendents, or bishops, ministers, and preachers—to administer its polity, and promulgate its doctrines and teach- ings throughout the land. from tha} time to tais, the source and fountain of all its temporal power are the travelling preachers in this connection in General Conference assembled’ The lay members of the Church have no part or connection with its governmental organization, and never had. The traveling preachers comprise the embodimont of {ts power, ecclesiastical and temporal; and, when as- sembled in General Conference, according to the usages and discipline of the Church, represent them- selves; and have no constituents; and thus the orga- nization contizued until the year 1403, when a modification took place. At the General Conference of that year, com- posed of all the travelling Preacers, it was re- solved to have thereafter a delegated Conference, to be composed of one for every five members of each Annual Conference. Those annual Confe- renees are composed exclusively of travelling preachers. The ratio of ropresentation has been altered, from time to time, so that, in 184, the Annvai Conferences were represented by one dele- gate for every twenty-one members The reason for the change to a delegated body, instead of the asromblage of the entire body of travelli preachers, was the great enlargement of the boundaries of the Church, which had ex- panded with the sottiements ef the country ; the | consequent multiplisation of the number of tra- velling preachers—the distance and expense of travel—and the deprivation of tue ficld of their | labors, for too long a = of the Christian ordi- nances and religious instruction. Tho General mined in favor of a delegated body for the future, imposed upon the powers of this body certain | limi ne, whieh, in t enguage of the pro- cecdings of the Chureb, are restrictive arti- cles, in number. It is declared, that tho Gereral Conference shall have full powers to meke rules and regulations for the church, under che fol'owing limitatioos ard restrictions 1. They shall net alter or change tl ticles of | religion, nor blish any new standards of doc- | trine, | 2 They shall not allow of more than one repre | sentative for every fourteen members of the An- al Conference, vcr lest than one for every thirty ‘They shali not alter the government so as to | do away with episecpacies, or destroy the plan of | itinerant es gate jencies. 4. They shall not change the geneial rules of the united societies. 5 fein not deprive the ministers or preach- ers of trial by committee, and appeal; nor the members of trial before the society or lay commit- tee, and appeal. 6. They shall not appropriate the produce of the Book Concern, nor of t er Fund, to any pur- pose other than for the benefit of tho travelling, supernumary, superanuated, and worn out preach ert, their wives, widows and children; provided, that, upon the concurrent recommendation of three- fourths of all the member; of tho Genera) Annual Conferenecs present, atid voting, a majority of two- thirds of the Genoral Conference, succeeding, shail rvflice to alter eny of the above r ions, excopt the first article. These comprise all tho limitations upon that body when assembled by delegates That the General Conference composed of the entire body of travelling preachers, and who established the government, doctrines, and disci- pline of the church, porressed the power to recon- struct and re-organize iis government, esolesiactionl and temporal, into two or more separate and dis- linet organizations, is aquestion about which, we | think, no serious doubt can be well entertained. These travellirg preachers represented the sove- reign power of the government, and were responsi | ble te ne eorthly tribunal for the mode and manner | efits exercise. Thoy were entirely free to exeroiae their own sense ard judgment as to what was the bert polity ardorganization of the charch, to ae complish the great object ard design of tho matters in whese rervice they wero engaged, and which were, in the lar guage of their own dis “te Conference of 1808, which deter. | ors EE OSE i £3. g - B : E 3 s eburch the exercise of its jurisdiction, spiritual and tem- , and further, that, if a power cxists in any eneral Conferonce to break up this organization s04 pollsy of the church as origivally designed and established, it belongs to an extraordinary (seneral Conference assembied especially tor the purpose; the discharg: the chief le ve body of the church; history, ecclesiastical judicatories, pi urages of the church from its origin were ably and extensively reviewed and examined, on the argu- ment, for the purpose of sustaining these several positions. But the obvious answer to them is, that the ar gumert overlooks the source aud fountain of the power belonging to the General Conference. We must look to these, and not to the mere exercise of power in the administration of the government, when seeking to measure its dopth and extent. Where is the limit? and who has prescribed it? The travelling poonchecs, assembled in General Conference, embody, in themselves, the sovereiga power; and we have nowhere seen their consent to any limitation or restriction, till we come dowa—in the sew of theiradministratien--to the conference of 5 We must @ some evidence that they have parted with rtion of their sovereign power, that confessedly belonged to them at the first organiza- tion, sincé that period; and, that they assembled ia the subsequent conferences, subject to the disabi- lity, before thoir powers can be distinguished from those originally possessed. We have not been re- ferred to any such evidence, nor have our own re- searches discovered any, nor do we believe there are any recorded acts or coclarations of this body to the eflect claumed. When jurisdiction and au- thority, spirigmal and temporal, in each General Conference from that of 1754 down to 1808 incla- sive, were the same, unlimited and unrestricted, possessing all the power which since the latter ore has nelones to the General aud Annual Senterences combined, under the new organization, this ie nevessarily so, as all the power aod author- lig pespemed by the Annual Conierences have been conferred upon them from time to time, by the Ge- neral Conference. ‘The argument that this body, previous to 1303, did not possess the competency to reorganize and reconstruct the government of the church, as they might think best forthe groat objects of its mii- sion, goes the length of denying bevaad eae 4 to the concurrent action of both the Generaland Annual Conferences since that period. And, that there is something in this association and system of polity, differing so radically from all others, of which we have any knowledge, that, even the vonstituentand representative,altaough comb‘ning every clement of power appertaining to the goverament, can neither change or modify it. For the argument comes down to this. We cannot think it necessary to pursue this branch of the case any further. As it respects the powers of the General Confe- rence since the modifications of 1508, it is the same as fdr existed, subject to the six restrictive articles; and neither of them has any connexion with or bearing upon the question we have been considering. They relate to the ,doctrine of the Church, its representation io the General Confe- rence, the Epi money discipline of preachers and members, the Book Concern, and Charter Fund. These concern the exercise of the administrative f the Conference, and are intended as limi- upon them, unless concurred in by the Conferences. The powers conferred upon the General Con- ference are broad and mited, subject only to these checks in regulating the doctrine and disci- pline and property of the church. In al other reagents and in everything else that concerns it, the body still represents the sovereign power, the same as before. The practice of the General Conference, since the change in 1808, confirms this view. The con- 5 nection of the Annual Upper Canada Conference with the Methodist Episcopal Church was dissolved in 1828, and that body authorized to erect itself into an Soy ndt ecclesiastical establishmneent. ree of this precedent has been attempted to ened upon the allegation that this connec- tion differed from that of the Annual Conferences within the United States; and that it rested upon a sort of compact between that Conference and this church, and, therefore, held a different relation to gg hy | ‘anization. new construction > within this lini har been determined upon Highest judlontes), in order that the grace iT sarictive article, frou’ apportioning ti e ar ie, tion u briog. themeelv they by deprived of it. The law in and right? Holding this relation to it, and not forfeited it by any wrong act of their own, or cause set u t them, it is not in the com cy of the General Conferense aud Annual Confer- ences combined to deprive them. rece sighs rests upon established principles of law equity, which make it the duty of a Court of C. interfere, and see that the fund is properly - nistered. Looking at the position of these com— plainants, and those they represent, on account of the action of the General! Conference of 1844, divid- ing the ecclesiastical organization, and su’ in its place two distinct, independent judicatori it is by no means certain that the distribution is in contravention even, of the sixth restrictive articl, that appropriates the fund for the benefit of the travelling, supernumerary and worn out preachers, their widows and orphans. It is this of persons to whom it is destined by the of the court. They are not only within tion, but are, also, the very persons heretofore A the enjoyment of it, and for whom it was originally designed. Granting that these persons have done no wrongful act, but are still laboring inthe church, as heretofore, except under a different merely terri- torial organization, they are covered by the spirit, if not by the letter of the restrictive article Upon the whole, our conclusion is, that the com- plaiuants are entitled to their share of the produce of the Book Concern, and a decree will be ordered accordingly. Whether the funds shall be adminis tered by an application of the produce, pro rata, or by ana jonment of the capital, are questions reserved until the settlement of the decree. We bad hoped that this unfortunate controversy would have been amicably adjusted by the parties, agroea- to the suggestion of each of the learned coun- sel, at the close of the argument, and in which the court cordially concurred. But, if the views we have taken of the case, and conclusions we have ar- rived at, shall tend, in the least degree, to heal the unhappy. divisions, and restore brotherly affection and Christian Siandehig, am so highly aseful and distinguished a of C) ans, we shall not ppanet the labor we have bestowed in decid- ing it. Inaugural attire of Gov. Cobb, of seorgia. Governor Cobb delivered his inaugural address before the Legislature of Georgia, on the Sth inst., from which we make the following extract :— At the commencement of the last Co: tae country was convulsed with a bitter sectional oom- troversy, growing out of the institution of slavery, as it exists in the Southern States. The ablest heads were appalled with the magnitude of the daa- ger that threatened the integrity of the republio— and the stoutest hearts faltered under the weight of responsibility. It would be bape ciel signed to this occasion to review the history that angry and threatening controversy—nor would | unneces- sarily refrech your memories with many of its pain- ful reflections—but there are lessons and admoni- tions to be drawn from its consideration, which cannot be too deeply and forcibly impressed upon the pultic mind of the country. ‘This a issue was ultimately brought to ® close in our national legislature, by the of a series of measures familiarly known to the country asthe compromise. That compromise was based upon two important principles. The first recognized the great American doctrine of the right of every people inthe organization of their State governments, to determine for themselves whether or not they would have the institution of slavery, aa ® part of their social system—a principle dear to every republican heart, andone upon which reststhe whole fabric of American institutions—thus repu- diating that other doctrine so justly odious to the people of the South—of the right and duty of Con- gress to reject a State applying for admission into the Union, because her constitution tolerated the institution of slavery. The other cardinal princi; of the compromise recognises the consticutional ob- ligation to deliver up our fugitive slaves, when they may escape into the non-siaveholding States--a duty ety imposed by the letterof the consti- tion, and the enforcement of which is essential to the permanence of the republic. After the adoption of this steoenent by Congress, circumstances im) upon the people of Geor; the important duty of pronouncing the first authoritive jucgment upon it. To our action the eyes of the whole country were bi Hn fiele i it. But, on looking into the history and discipline of the church, this will be found to be a misappre- hension of that relation; and that the Canada Con- ference was brought within its folds in the same way as thore lying upon the frontier settlements within the United States lt will be found that as early as 1504, the Upper Canada districts were included in the New York Annual Conference, and continued as a part of it, the same a» other districts, till 1312, when these districts, and also the Lower Canada districts. wore included within Geneseo © rence. In 1816, the Lower Canada districts were embraced within the New York and New England Conferences. In 1820, both Upper and Lower Canada were again in- cluded in one Genesee Conference ; andin the same year, the Bishops were authorized, with the con- currence of this Conference, to establish an Annual Conference in Canada; and in 1524, the Canada Conference included the whole of the Upper I'ro- vince—and thus it stood in 1425, when erected into an independent establishment. We have seen nothing in the history, discipline, or practice of the church, restricting its organiza- tion or Christian isbors to the territorial limits of the United States; but much to show that both have been steadily devoted to the accomplishment of the high and holy mission avowed in founding the church, namely, ‘to reform the continent, aud to spread scriptural holiness over these lands.” As oarly as IN10, the republic of Te was in- corporated into its bosom, and an Annual Confer- ence established And we doubt not but that as the prineipies of civil liberty and religious tolera- ticn work their way in the advancement of civiliza- tion, over regions hitherto impenetrable to the missionary, unless of @ particular faith, this great work of organization and Christian !sbor will be carried on regardiess of territorie! boundaries, or forme of secular government In referring to the practice of the church, we must not overlook the action of the (ieneral Con- ference of 1844 in the instance now before us. The forty seven to twenty-two, in a body ropresentin, more than four thousand travelling preachors in this communion; and, among whom, it is fair to sup- pore, were included men ef the greatest experience and knowledge in the administration of the polity ot thecburch. Indeed, on looking into the report of the debates of this session, and into the discus- sions upon the report of the committee on the divi- sion of the church, and especially upon the all ab- sorbing subjects that led to its necessity, no one can fail to be impressed with the eminent ability and intelligence of the leading members of that body; nor for a moment doubt but that they were profoundly skilled in all the history, practices and usages of the church government, spiritual and tem- poral, andinthe nature and extent of their own powers as the highest judicature belonging to it. As it reepects the action of this body in the mat- ter of divirion, no one can pretend but that it pro- ceeded upon the assumption of unquestioned power to creet the eburch into two iasti esteblishments. ‘The e pressed in the plan of sepi vision of the common property, on accor sixth restrictive article, which we have in another indeperdontly of this question of power of severance is i their proceeding ow arrived at the ference of 1814 was competent to make the division, and thatthe only condition annexed to it hae been fully complied with, we are prepared all presently notice more partieularl pert of the case ture of the ease, must govern it. We have held, in a previous part of this opinion, that the complainants murt bring themee!ves within the description of persons entitled to the benefit of this charitable fund as prescribed by its original founders; and that, when they have done this, thoso who deny or withhold the charity must present « case to the court taking them out of the descrip- tion. This has been attempted, by showing that they bave wrongfully separated fro oi snd communion of the Methodist ! themselves of the characterjof benefciaries of the fund. Having arrived at the conclusion that there is no foundation for thie allegation, the ground of defence, uf course, fails. and the complainants still continue clothed with the character and rights be- lovging to them previous to the separation. Tho separacion having taken place in pursuance of the action of the competent ecclesiastical authority—by the action of the founders of the fund themselves how can it be maintained that the beneficiaries, falling within the new organization, have for- feited tbe character which entitles them to its enjoyment ? them of the description of the persons for whose re- Lief its proceeds have been permanently devoted! It is not protended, but, that thoy are still travel- ling preachers in the Methodist Epize »pal connex ion and communion, subject to its doctrines aud Gieciplino; and devoted to the acromplishment of that miseion for which this Church wae planted ia there United States; nor bat that the field of taeir Vote upon the first resolution stood one hundred and | Constitution consecrated by the wisdom of the What act have they done to deprive | to apply the principles of law, whieh, in this pos- | directed, and our fellow citizens everywhore looked to our movements with anxious solicitude. It was under these circumstances that Georgia was called upon to speak. She spoke, and her voice breathed a mingled spirit of ardent devotion to the Union, and of patriotic warning to its Northern friends. Looking to the past, and considering the rights and interests that bad been involved in the cont the dangers and difficulties which had surrounded the country, and the important principles — whioh the final action of the government was based, she solemnly declared her intention to stand to and abide by the Compromise as a permanent amd final settlement of this dangerous and vital issue; its finality and faithful enforcement, in all its parte, constituting essential elements to commend it to the favor and support of herself and her sister States of the South. Looking to the future, with reference to the menaces of threatened aggres- sien which had been so freely indulged in, by a pots of the people of the North, and regard- 1g the adoption oj those measures against which the raised her warning voice, in the fourth resolu- tion of her convention, as invidious blows aimed at her most vital interest, she has calmly, bat firmly, said to this maddened it of fanaticism, “Thus far shalt thou go,and no farther.” Her sition was taken with ca!mness in 1850, it has been reaffirmed with deliberation in 1851—and I now re- now the pledge of my hearty co-operation in main- taining it with firmness and decision. Georgia has thus placed herself upon @ broad national and triotic platform, and invites her sister States of the Union to stand by her in the | happiest and free: th 6 ight and justice or policy and princip! look to the pretervation of the Unionand the maintenanoe of the constitation as one, and inseperable. Ambition can seek no higher and nobler object, than the transmission te posterity, of this inestimable legacy. A union of States, cemented by a censtitution dix pensing equality and justice to all its members—a and good men of revolationary momory—a Union, whose flag floats upon every breeze, is honored im | every land, and regarded throughout the world ae the emblem of constitutional freedom. The main- tenance of such a constitution and the preservation of such a Union, is worthy of united and untiri efiorts cf patriotic men North and South, East West—worthy of their best energies and purest devotions. Assembled here in the capital of Goor- gia, around her time honored and consecrated altars, let us unite in one common prayor to the great Kuler of the Universe, that this constitution =e this Union may be porpetuated to our late poe terity. Mvroer or Mason Winxrnson, or Missovrt.— It has never before fallen to our lot to record amore brutaland tragical murder than was ted | within two miles of this city, on Tuesday m last, by @ man of the name of Fisersh, and hi | three song, on the perton of Hall L. Wilkinsoi Keq., of this county. Mr. W.’s plantation adjoin that ef Floersh, and the stock of the latter having committed depredations upon tho premises of Major Wilkinson, be fastened them up in his horse lot Parly the next morning, Floersh and his three sons repaired to Wilkinson's house for the purpese of taking off this stock by force ard arms—whereon the rencontre ocourred, and the party, four in num- ber, feil upon Wilkinson, and with wm. clubs e breaking out of the war with Mexico, y ib to the standard of his country, and of America, ia the conflicts of Donipban’s ex ion with the en ing home after that expedition | sumed bis pursuit of agricultur: his fellow-citizene of Platte eounty to represent | the first tor | bore aloft the | he discharged wi them in the Le reof the State, which duty jude mont and ability. — Western (Mo.) Argus, Oct Jenxy Linn any THE Paintens—IMrortant, Tues —The following letter is said to have beoa written by Jenny Lind, to a musical printer of Cin- cinnati, while on her late sojourn in that city :— Burner Hovusr, Nov. 3, 1551. Mr. J.—Drar Sin:—You qill no doubt be sur prised at receiving this note from me, but it it my | custom to make the acquaintance of all distio- — amateurs who come within hearing. ou was spoken of to me when I visited this city, last spring, and I should at that time have sought your acquaintance, bad it not been for Mr. Ba: rom. © objected on account of you being @ young man. | am now nnencumbered by merce. naty engagemente, and | hasten to address should be pl to see you at sigh o'clock this evening. My drawing room is No. “38 Burnet If any prior engagement should proven’ from cemplying with m request, | hope you x i let me heow fa mediately, by note or other: not be inconvenienced or pointed give two more concerts in thi 1 [4 | city, and I desire to consult you in regard to chang- ing the ball, &e. Tam, doar sc, yours, &e., Jsvnx Live. *