2 Barb. 397 | N.Y. Sup. Ct. | 1848
I confess that there is much in this return, which would, from a mere cursory perusal, go far to at least excuse the charge of evasion and inconsistency which was so vehemently made against it on the argument, by one of the counsel for the relator. If there was enough to warrant me in declaring the charge fully made out, it would be my duty forth at cause alone to decide this motion in favor of the relator, and to direct a peremptory mandamus to issue to admit him to the pastorship of this church. But I cannot readily bring myself to believe that either of the respectable parties to a controversy so important as this is, would desire to have it determined otherwise than upon its substantial merits, or be willing to have the task of deciding it embarrassed by mere technicalities or useless special pleading. And as I imagine I can perceive a distinction pervading the whole return, which involves the merits, and takes from it its imputed character of evasiveness and inconsistency, I prefer looking at it in that aspect, that I may approach the more agreeable duty of attempting to decide the case according to the very right of it. That distinction is this. The relator, in his writ and in his other proceedings,
Those merits are presented in this simple form: On the one hand, it is claimed that the power of appointing a preacher to any particular congregation, (involving herein both the duty of the preacher thus to officiate and the obligation of the congregation to receive him,) is vested in certain constituted authorities of the church at large, irrespective either of the wishes of the pastor or congregation; and, on the other hand, it is insisted that this is an obligation resting on the preachers alone, and not on the congregation ; that this obligation springs only out of a discipline of government adopted and prescribed by the preachers alone, and while it obliges them to go where the superior authority. directs them, no congregation is bound to receive them as their pastors, except of their own free choice.
The consideration of this question presents for my determination two points: 1. The nature and extent of the obligation resting on the respective parties: 2, How far it is the duty, or in the power of courts of law to enforce this obligation, whatever it may be. In discussing these questions I disclaim at the outset, all power to canvass or determine the scriptural truth of any tenet held by this denomination of Christians, or any individual or congregation among them. I can only inquire into the tenets promulgated in the church, in connection with a right of property, or a trust to be administered. The limit of the inquiry is this : has there been an appropriation of property for the support of a church in which certain religious doctrines should be taught, and a certain discipline observed 1 If so, and these objects are not contrary to law, then the next inquiry is, whether there has been an attempt to withhold the property from the uses to which it was dedicated, and whether
These circumstances show to my mind very satisfactorily that this particular congregation was organized, and this church dedicated, with a view to the preaching of the faith and enforcing the discipline of the Methodist Episcopal persuasion, and that it was the intention of the founders thereof to support its tenets in subjection to the ecclesiastical power which upholds those tenets. It was undoubtedly competent for the original founders of this “ Centenary Methodist Episcopal Church” to have established it, independent of any connexion with any other professing Christians of the same denomination, and to have dedicated it to the support of particular tenets, independent of any particular form or mode of church government. Such a congregation might afterwards form a union with others, and again dissolve it, without impairing their foundation or doing more, by the dissolution, than simply restoring themselves to their former position. But there is a wide difference between such a church and one originally formed as a branch of a main body, and in subordination to its church government and discipline, from which it cannot break off without losing its distinctive character. I entertain no doubt that the church in question was of the latter character. Every allegation and admission in the papers before me show this, and evince that the independence-now claimed for it by these trustees, was an after thought, not entering into the calculation of the original founders, but springing from some subsequent considerations which may or may not justify the separation of this branch from the main stock.
Whether the acts of the trustees now complained of, and sought to be redressed in these proceedings, tend to such a separation, or if they do, whether they rest on considerations- sufficient to justify it in any respect or to any extent, are next to be
Wesley seems to have been loathe to sever Úm ^^Tnection between his followers and the Church of Englar not until after the revolutionary war had dissolved! ties between his country and ours, that he could bekinduc^A,! exercise the power of ordaining ministers for his this country. But in 1784, he appointed Dr. Coke Asbury to be “joint superintendents over the brethren in America.”
Whether this word, derived from the Latin super, and intendere, or the Greek episko.pos, or the more English phrase bishop, derived from the Saxon bircop be used, the meaning of all is the same, to oversee. Connected with the office of bishop in the church of which he was a member, was the power of presentment of pastors to congregations, except where the power had been specially granted otherwise. Connected with the
When the missive bearing this appointment from the great head and founder of this church reached these shores, sixty out of the eighty-three preachers then in the travelling connexion, assembled in conference; in their own language became, instead of a religious society, a separate church; elected and ordained their bishops; declared their articles of religion, and established their discipline—a part of which, affecting the question in hand, was the following: Quest. 2. How is a bishop to be constituted in future ? Ans. By the election of a majority of the conference, and the laying on of the hands of a bishop. Quest. 3. What is his duty ? Ans. To preside as moderator in our conferences; to fix the appointments of the preachers for the several circuits; and in the intervals of the conferences, to change, receive, or suspend preachers, as necessity may require, &c. The power thus conferred on the bishop or superintendent, has been thus exercised by those officers, or by persons appointed by them among that denomination of Christians in this country, from that time until the present. But in this country, where the practice of self-government has been attended with such happy results, and where it has been so habitual in all the relations of life as almost to become a part of our nature, it was not to be expected that the establishment of a hierarchy like this, embracing within its authority so many thousands of our intelligent citizens, would be permitted without a struggle. Hence the history of this church is full of the efforts to overthrow or at least to modify it. At the first regular general conference, (which is the highest ecclesiastical tribunal among them, and which was held in 1792,) it was proposed to give an appeal from the bishops in stationing the preachers, to the conference. After “ a very strong debate,” as it is termed, which lasted three days, the proposition was rejected by a large majority. A secession from the church followed, and for a few years its onward progress was arrested.
I have gone thus at length into the history of the church, - merely for the purpose of endeavoring to ascertain whether the question involved in this controversy is a well settled and well considered point of church government and discipline among them; and I confess I see no room for a doubt. If there was any on my mind, it would readily be removed by a recurrence to some of the considerations which were presented on both sides of the question, when it was under discussion at their various assemblages. On one side, it was urged that the proposed changes were most in conformity to the genius of our people, to have a voice in the election of those who are to rule over
This being determined, the questions occur : what was the duty of these trustees under the circumstances of this case? and how is that duty to be enforced ? The first of these questions has an intrinsic importance far beyond that which the decision of the case now in hand could give it. It has a direct bearing upon the innumerable charitable and religious societies among us, which, as was remarked on the argument, stand as monuments on the moral face of our country, of the benevolence and enterprise of our citizens, diffusing the blessings of
The duty of courts of law in such a case is very plain. It is to enforce the performance of such duty, unless that performance involves some violation of the law of the land.
It has been no where suggested, either in the return of the respondents, or on the argument, that the exercise by the episcopacy of the power of stationing the preachers, without the consent of the congregation, is in violation of law. The argument was, that it was contrary to the spirit of our institutions and the genius of our people. If this were so, the remedy is at
The power of this court to, award the writ of mandamus in a case of this character, was not directly questioned on the argument, but some considerations were suggested which, if allowed the weight claimed for them, would amount to a denial of the power. Until the time of Lord Mansfield, that great vindicator of the law, who swept from its members the useless trammels with which antiquated forms had restrained the freedom of their action, this writ had been of comparatively little.
This extension of the authority of this writ has been adopted in other states. (20 Pick. 484. 3 Hen. & Munf. 1. 4 Har.
It was however objected on the argument, (1.) That the relator had an adequate remedy by ejectment, and therefore this writ ought not to go; and (2.) That the function of pastor of this church being already filled, it was not the province of this writ to remove the present incumbent from his possession. Both positions are unsound : the latter particularly so, because it would make the wrong done a complete barrier, of itself) to an adequate remedy for it. As to the first objection, there are two conclusive answers: one is, that ejectment would not be an adequate remedy. Even if it might give the relator possession of the parsonage, how could he bring that action to obtain possession of the pulpit, or how could it give him the right to visit this parishioners, or receive his salary ? And the other is, that it is well settled that as to corporations and ministerial officers, istence of another and an adequate remedy is no objection to awarding this writ. ( The People v. Mayor &c. of New-York, 10 Wend. 393. Mc Cullough v. Mayor, &c. of Brooklyn, 23 Id. 461.) As to the second objection, the counsel, in making it, overlook the fact that the writ of mandamus was, in its origin, a writ of restitution, and that, in an early period, it was used to restore or admit a person to an .office. (11 Co. 93. 2 Sid. 112. 2 Bulst. 122. Vent. 77. Raym. 12. 2 Stra. 1023. 2 Rol. Rep. 82. Salk. 175. 4 Mod. 281.) But without multiplying authorities on this point, I will content myself with a more particular reference to two of the cases which I have cited, because they bear very directly upon many parts of this case.
Lord Mansfield, overruling those objections, held that this writ was introduced to prevent disorder from a failure of justice and defect of police. Therefore, it ought to be used upon all occasions where the law has established no specific remedy, and where, in justice and good government, there ought to be one. If there be a right, and no other specific remedy, this should not be denied. And he adds: “ Should the court deny this remedy, the congregation may be tempted to resist violence by force. A dispute, who shall preach Christian charity, may raise implacable feuds and animosities, in breach of the public peace, to the reproach of government and the scandal of religion. To deny this writ, would be putting Protestant dissenters, and their religious worship, out of the protection of the law. This case is entitled to that protection, and cannot have it in any other mode than by granting this writ.” Guided by the principles, and following the example of this great luminary of the lawj I rule in this case, as he did in that, for want of a sufficient return, a peremptory mandamus must issue.