131 Ky. 445 | Ky. Ct. App. | 1909
Opinion op the Court by
Reversing.
The appellees, who were plaintiffs below, instituted this action to recover possession of a lot of land situated in Sturgis, Ky., from the appellants, who were defendants below, and who, it was alleged in the petition, were wrongfully withholding the property from- the plaintiffs. Directly the action involves the title to, and the right to possess, the real estate described in the petition. Incidently there is involved the right of the ecclesiastical organization known as the Cumberland Presbyterian Church to unite with the Presbyterian Church in the United States of America.
The plaintiffs, in their petiiton, describe themselves as elders, members, and communicants of the local congregation of Cumberland Presbyterians worship-ping at Sturgis, Ky., and the property, which is the subject of the litigation, is a church house and the lot upon which- it stands at that place. The lot was conveyed on the 6th day of August, 1889, by the Cumberland Iron & Coal Company, to eight named trustees, who are described as composing the session and board of trustees of the Cumberland Presbyterian Church, of Sturgis, Ky., and the habendum of the deed provided that they were to have and to hold the property, with all the appurtenances thereto belonging, unto them and to their successors, forever. The appellants (defendants) answered, controverting the
It will materially lessen our labors to say now that the pleadings in this case, which are long and complicated, present one material issue — i. e., the constitutional right of the general assembly of the Cumberland Presbyterian Church to unite with the Presbyterian Church in the United States of America. If it had such right, in our opinion the property involved in this litigation belongs to the appellants. If this constitutional power 'was lacking, the judgment of the circuit court, awarding it to appellees, was correct.
The Cumberland Presbyterian Church originated in a schism, in the Presbyterian Church in the United States of America in 1810, and was caused by certain differences of opinion which had arisen theretofore concerning the doctrine of foreordination, predestination, and election. A history of the occurrence is contained in the preface to the Confession of Faith officially promulgated by the Cumberland Presbyterian church, and is as follows:
‘ ‘ The Cumberland Presbyterian Church was organized in Dickson county, Tennessee, February 4, A. D. 1810. It was an outgrowth of the great revival of 1800 — one of the most powerful revivals that this country has ever witnessed. The founders of the church were Finis Ewing, Samuel King and Samuel McAdow. They were ministers in the Presbyterian*451 Church, who rejected the doctrine of election and .reprobation as taught in the Westminster Confession of Faith. The causes which led to the formation of the church are clearly and distinctly set forth in publications issued at the time, and in various tracts and( books published subsequently. To these the reader .is referred for full information on the subject. The Cumberland Presbytery, which was constituted at the time of the organization of the church, and which originally consisted of only three ministers, was in three years sufficiently large to form three presbyteries. These presbyteries, in October, A. D. 1813, met at the Beech church, in Sumner county, Tennessee, and constituted a synod. This synod at once formulated and published a ‘Brief Statement,’ setting forth the points wherein Cumberland Presbyterians dissented from the Westminster Confession of Faith. They were as follows: (1) That there are no eternal reprobates. (2) That Christ died, not for a part only, but for all mankind. That all infants dying in infancy are saved through Christ and the sanctification of the Spirit. That the Spirit of God operates on the world, or as coextensively as Christ has made atonement, in such a manner as to leave all men inexcusable.
“At this same meeting of synod, too, a committee was appointed to prepare a Confession of Faith. The next year, A. D. 1814, at Sugg’s Creek church, Wilson county, Tennessee, the report of the committee was presented to synod and the revision of the Westminster Confession of Faith which they presented was unanimously adopted as the Confession of Faith of the Cumberland Presbyterian Church. Subsequently the formation of the General Assembly took place. This judicature, at its first meeting, A. D.*452 1829, at Princeton, Ky., made sncli changes in the form of government as were demanded by the formation of this new court. In compiling the Confession of Faith, the fathers of the Cumberland' Presbyterian Church had one leading thought, before them, and that was to so modify the Westminster confession as to eliminate therefrom the doctrine of universal fore-ordination and its legitimate sequences, unconditional election and reprobation, limited' atonement, and divine influence correspondingly circumscribed. All the boldly defined statements of the doctrine objected to' were expunged, and corrected statements were made. But it was impossible to eliminate all the features of hyper-Calvinism from the Westminster Confession of Faith by simply expunging words, phrases, sentences, or even sections, and then attempting to fill the vacancies thus made by corrected statements or other declarations, for the objectionable doctrine,, with its logical sequences, pervaded the whole system of theology formulated in that book. ’ ’
It will thus be seen that the organization of the Cumberland Presbyterian Church originated in differences of opinion which arose concerning certain doctrinal tenets of the Presbyterian Church. The new church grew and prospered, until, at the time it reunited with the mother church, in 1906, it claimed nearly 200,000 communicants, who were scattered throughout the various States of the Union. From the very beginning of its existence, as we shall hereafter more fully show, the new church earnestly desired a reunion with the mother church whenever this could be accomplished on a basis which it could conscientiously accept. This spirit was expressed in circular letters, resolutions of the general assembly, the appointment of committees on fraternity and union,
In 1903 the Presbyterian Church in the United States of America revised its creed, by which it undertook to eliminate therefrom whatever constituted the basis for the belief that it taught the doctrine of fatalism as applied to the salvation of men. Thereafter, but in the same year, the General Assemdlies of the Presbyterian Church of the United States, and the Cumberland Presbyterian Church appointed a joint committee on fraternity and union, which set on foot a movement that culminated in a reunion of the two churches. This joint committee, as a basis of the proposed reunion, agreed upon a plan which was expressed in the form of a resolution to be adopted by the General Assemblies of the respective churches, and to be approved in a lawful way by a majority of the Presbyteries of the two organizations. We do not think that it is necessary to set forth in detail the various steps which were taken in regard to the proposed plan of reunion — it being deemed sufficient to say that, in our opinion, these steps were regularly and properly taken; that the plan, in so far as it could be lawfully done, was adopted; that the union, in so far as the Cumberland Presbyterian Church had power to establish it, was accomplished by the adoption of the plan formulated by the joint committee. We think, however, it is proper, in order to a more enlightened and comprehensive view of the union which took place, to set forth in full the plan formulated by the joint committee on fraternity and union, and which, as said before, constitutes the basis of the reunion of the two churches, together with the official declaration
“Plan of Reunion and Union of the two Churches,
“We believe that the union of Christian churches of substantially similar faith and policy would be to the glory of God, the good of mankind, and the strengthening of Christian testimony at home and abroad.
“We believe that the manifest providential develop^ments and leadings in the two churches since their separation, together with present conditions of agreement and fellowship, have been and are such as to justify their reunion.
“Therefore we cordially recommend to your respective General Assemblies that the reunion of the Presbyterian Church in the United States of America and the Cumberland Presbyterian Church be accomplished, as soon as the necessary steps can be taken, upon the basis hereinafter set forth.
“The Presbyterian Church in the United States of America, whose General Assembly met in- the Immanuel Church, Los Angeles, Cal., May 21, 1903, and the Cumberland Presbyterian Church, whose General Assembly met in the First Cumberland Presbyterian Church,' Nashville, Tenn., May 21, 1903, shall be united as one church, under the name and style of the Presbyterian Church in the United States of America,’ possessing all the legal and corporate*455 rights and powers which the separate churches now possess.
“ (2) The union shall be effected on the doctrinal basis of the Confession of Faith of the Presbyterian Church in the United States of America, as revised in 1903, and of its other doctrinal and ecclesiastical standards, and the Scriptures of the OM and New Testaments shall be acknowledged as the inspired "Word of God, the only infallible rule of faith and practice.
“(3) Each of the Assemblies shall submit the foregoing Basis of Union.to its presbyteries, which shall be required to meet on or before April 30, 1905, to express their approval or disapproval of the same by a categorical answer to this question: ‘Do you approve of the reunion and union of the Presbyterian Church in the United States of America and the Cumberland Presbyterian Church on the following basis: The union sháll be effected on the doctrinal basis of the Confession of Faith of the Presbyterian Church in the United States of America, as revised in 1903, and of its other doctrinal and ecclesiastical standards, and the Scriptures of the Old and New Testaments shall be acknowledged as the inspired Word of God, the only infallible rule of faith and practice?’ *
“Each presbytery shall, before the 10th of May, 1905, forward to the stated clerk of the Assembly with which it is connected a statement of its vote on the said Basis of Union. The report of the vote of the presbyteries shall be submitted by the respective stated clerks to the General Assemblies meeting in 1905, and if the General Assemblies shall then find and declare that the foregoing Basis of Union has been approved by the constitutional majority of the*456 presbyteries connected with each branch of the church, then the same shall be of binding force, and both Assemblies shall take action accordingly.
‘ ‘ Concurrent Declarations.
“As there are matters pertaining to the interests-of the church which will manifestly require adjustment when the reunion shall have been accomplished, and concerning which it is highly desirable that there shall be a previous good understanding, the two Assemblies agree to adopt the following concurrent declarations as in their judgment proper and equitable arrangements and agreements :
“(1) In adopting the Confession of Faith of the Presbyterian Church in the United States of America, as revised in 1903, as a Basis of Union, it is mutually recognized that such' agreement now exists between the system of doctrine contained in the Confession of Faith of the two churches as to warrant this union — - a union honoring alike to both. Mutual acknowledgment also is made of the teaching and defense of essential evangelical doctrine held in common by these churches, and of the divine favor and blessing that have made this common faith and service effectual. It is also recognized that liberty of belief exists by virtue of the provisions of the Declaratory Statement, which is part of the Confession of Faith of the Presbyterian Church in the United States of America, and which states that “the ordination vow of ministers, ruling elders, and deacons, a.s set forth in the Form of Government, requires the reception and adoption of the Confession of Faith only as containing the system of doctrine taught in the Holy Scriptures.’ This liberty is specifically secured by*457 the Declaratory Statement, as to chapter III and chapter X, section 3, of the Confession of Faith. It is recognized, also, that the doctrinal deliverance contained in the Brief Statement of the Beformed' Faith, adopted in 1903, by the General Assembly of the Presbyterian Church in the United States of America, ‘for a better understanding of our doctrinal beliefs,’ reveals a doctrinal agreement favorable to reunion.
“(2) All the ministers and churches included in the two denominations shall be admitted to the same standing in the United Church which they may have held in their respective connections up to the con-, summation of the reunion.
“(3) The boundaries of the several presbyteries and synods shall be adjusted by the General Assembly of the United Church.
‘ ‘ (4) The official records of the two churches during the period, of separation shall be preserved and held as making up the history of the one church.
“(5) As soon as practicable after the union shall have been effected, the General Assembly shall reconstruct and consolidate the several permanent committees and boards, which now belong to the two Assemblies, so as to represent, with impartiality, the views and wishes of the two bodies constituting the reunited church.
“(6) The institutions of learning, together with the endowment and other property, real and personal, owned by them, which are now under the control of the Cumberland Presbyterian Church, shall remain in charge of and be controlled by the boards of trustees, or other managers, respectively, now in charge of such institutions, endowment, and property, or by their successors similarly appointed or*458 elected, and no greater control of such institutions, their property or affairs, shall be exercised by the General Assembly, or other ecclesiastical court or body, of the reunited church, than is now exercised by the General Assembly, or other ecclesiastical court or body, of the Cumberland Presbyterian Church: Provided, that the governing board of any of said institutions of learning shall be at liberty to enter into such special arrangement or agreement with the ecclesiastical body controlling it as may enable said institution to preserve its integrity and maintain its present policy; and also provided, that nothing in this declaration shall affect the relationship or control of any of the institutions of learning now connected with the General Assembly, or other ecclesiastical court or body,- of the Presbyterian Church in the United States.
“ (7)' The corporate rights now held by the two General Assemblies, and by their boards and committees, shall be consolidated and applied for their several objects as defined and permitted by law.
“(8) It should be regarded as the duty of all our judicatories, ministers, and people to study the things which make for peace, to guard against all needless and offensive references to the causes which have divided us, and to avoid the revival of past issues.”
‘ ‘ Recommendations.
“(1) It is recommended that such a change be made in the Form of Government of the Presbyterian Church in the United States of America as will show additional or separate presbyteries and synods to be organized in exceptional cases, wholly or in part within the territorial bounds of existing presbyteries*459 or synods, respectively, for a particular race or nationality, if desired by sueb race or nationality.
“(2) Tbe foregoing Basis of Union and eight Concurrent Declarations shall be submitted to the respective General Assemblies of 1904, and the above Recommendation No. 1 shall be submitted to the General Assembly of the Presbyterian Church in the United States of America meeting in 1904; and this entire plan of union shall be operative when said Basis of Union, Concurrent Declarations, and Recommendation No. 1 shall have been adopted in their entirety, and where necessary by presbyterial action.
“(3) That the blessing of the great Head of the Church may rest upon the results of our efforts for reunion and union, it is earnestly recommended to the congregations throughout both branches of the church that they observe Sabbath, September 18, 1904, as a day of fervent and united prayer to Almigthy God that He would grant unto us all “the spirit of counsel and of the fear of the Lord,’ and in the new relation now contemplated enable us to keep ‘the unity of the spirit in the bond of peace.’
“W. H. Black, B. G. Mitchell.
“R, M. Tinnon. W. H. Roberts.
“Ira Landrith. Chas. A. Dickey.
“E. E. Beard. Robert F. Coyle.
“S. M. Templeton. Reuben H. Hartley.
“M. B. Templeton. Douglas G. Putnam.
“B. P. Fullerton. Reuben Tyler.
“W. E. Settle. E. S. Wells.
“D. E. Bushnell. Wm. N. Page.
“A. E. Turner. Wilton M. Smith.
“W. J. Darby.
“(4) In conclusion, we unite heartily and prayerfully in the recommendation that the ‘Joint Report*460 on Union’ be adopted and its provisions carried out with an eye single to .the glory of God.
“Fraternally and obediently submitted.
“¥m. H. Black, Cb’m.
“James M. Huibbert, Sec.”
“Confession of Faith.
“Sec. 87. Civil officers may not assume to themselves the administration of the world and the sacraments, or in the least interfere in matters of faith; yet it is their duty to protect the church of our common Lord, without giving preference to any denomination of Christians. And, as Jesus Christ has appointed a government and discipline in His church, no law of any Commonwealth should interfere therewith, but should provide that all religions and ecclesiastical assemblies shall be held without molestation or disturbance.”
“See. 108. The Lord Jesus, as king and head of His church, has therein appointed a government intrusted to church officers, distinct from the civil government.
“Sec. 109. By divine appointment the officers of the visible church have the power to admit members into its communion, to admonish, suspend, or expel the disorderly, and to restore those who, in the judgment of charity, have repented of their sins.
“Sec. 110. Church government implies the existence of church courts, invested with legislative, judicial, and executive authority; and the Scriptures recognize such institutions, some of subordinate and some of superior authority, each having its own particular sphere of duties and privileges in reference to*461 matters ministerial and ecclesiastical, yet all subordinate to the same general design.
“Sec. 111. It is the prerogative of these courts ministerially to determine controversies of faith and questions of morals, to set down rules and directions for the better ordering of the public worship of God and government of His church, to receive complaints in cases of maladministration, and authoritatively to determine the same, which determinations are to be received with reverence and submission.”
“Constitution.”
“See. 24. It is necessary that the government of the church be exercised under some certain and definite form, and by various courts, in regular gradation. These courts are denominated church sessions, presbyteries, synods, and the General Assembly.
“Sec. 25. The church session exercises jurisdiction over a single church; the presbytery, over what is common to the ministers, church sessions, and' churches within a prescribed district; the synod, over what belongs in common to three or more presbyteries, and their ministers, church sessions, and churches; and the General Assembly, over such matters as concern the whole church; and the jurisdiction of these courts is limited by the express provisions of the constitution. Every court has the right to resolve questions of doctrine and discipline seriously and reasonably proposed, and in general to maintain truth and righteousness, condemning erroneous opinions and practices which tend to the injury of the peace, purity, or progress of the church; and, although each court exercises exclusive original*462 jurisdiction over all matters specially belonging to it, the lower courts are subject to the review and control of the higher courts, in regular gradation. * -* * > >
“Sec. 40. The General Assembly is the highest court of this church, and represents in one body all the particular churches thereof. It bears the title of the General Assembly of the Cumberland Presbyterian Church, and constitutes the bond of -union,' peace, correspondence, and mutual confidence among all its churches and courts.”
‘ ‘ Sec. 43. The General Assembly shall have power to receive and decide all appeals, references, and complaints regularly brought before it from the inferior courts; to bear testimony against error in doctrine and immorality in practice, injuriously affecting the church; to decide in all controversies respecting doctrine and discipline; to give advice and instruction, in conformity with the government of the church, in all cases submitted to it; to review the records of the synods; to take care that the inferior courts observe the government of the church; to redress whatever they may have done contrary to order; to concert measures for promoting the prosperity and enlargement of the church; to create, divide, or dissolve synods; to institute and superintend the agencies necessary in the general work of the-church; to appoint ministers' to such labors as fall under its jurisdiction; to suppress schismatical contentions and disputations, according to the rules provided therefor; to receive under its jurisdiction other ecclesiastical bodies whose organization is conformed to the doctrine and order of this church; to authorize synods and presbyteries to exercise similar power in receiving bodies suited to become constituents of those*463 courts, and lying within their geographical bounds respectively; *to superintend the affairs of the whole church; to correspond with other churches; and, in general, to recommend measures for the promotion of charity, truth, and holiness throughout all the churches under its care.”
“Sec. 60. Upon the recommendation of the General Assembly, at a stated meeting, by a two-thirds vote of the members thereof voting thereon, the Confession of Faith, Catechism, constitution, and rules of discipline, may be amended or changed when a majority of the presbyteries, upon the same being transmitted for their action, shall approve thereof. The other parts of the government — that is to say, the general regulations, the directory for worship, and the rules of order — may be amended or changed at any meeting of the General Assembly by a vote of two-thirds of the entire number of commissioners enrolled at that meeting, provided such amendment or change shall not conflict, in letter or spirit, with the Confession of Faith, Catechism, or constitution.”
“The Declaratory Statement.
“While the ordination vow of ministers, ruling elders, and deacons, as set forth in the Form of Government, requires the reception and adoption of the Confession of Faith only as containing the system of doctrine taught in the Holy Scriptures, nevertheless, seeing that the desire has been formally expressed for a disavowal by the church of certain inferences drawn from statements in the Confession of Faith, and also for a declaration of certain aspects of revealed truth which appear at the present time to call for more explicit statement, therefore the*464 Presbyterian Church in the United States of America does authoritatively declare as follows':
“First. With references to chapter III of the Confession of Faith, that concerning those who are saved in Christ, the doctrine of God’s eternal decree is held in harmony with the doctrine of His love to all mankind. His gift of His Son to be the propitiation for the sins of the whole world, and His readiness to bestow His saving grace on all who seek it; that concerning those who perish, the doctrine of God’s eternal decree is held in harmony with the doctrine that God desires not the death of any sinner, but has provided in Christ a salvation sufficient for all, adapted to all, and freely offered in the Gospel to all; that men are fully responsible for their treatment of God’s gracious offer; that His decree hinders no man from accepting that offer; and that no man is condemned except on the ground of his sin.
“Second. With reference to chapter X, section 3, of the Confession of Faith, that it is not to be regarded as teaching that any who die in infancy are 'lost. We believe that all dying in infancy are included in the election of grace, and are regenerated and saved by Christ through the Spirit, who works when and where and how He pleases.”
“The New Chapters.
“(Added to the Westminster Confession of Faith, in 1903, as a Part of the Revision.)
“Premable.
“Whereas, it is desirable to express more fully the doctrine of the church concerning the Holy Spirit,*465 missions, and the love of God for all men, the following chapters are added to the Confession of Faith:
‘ ‘ Chapter xxxiv. — Of the Holy Spirit.
“I. The Holy Spirit, the third person in the Trinity, proceeding from the Father and the Son, of the same substance and equal in power and glory, is, together with the Father and the Son, to be believed in, loved, obeyed, ánd worshipped throughout all ages.
“II. He is the Lord and Giver of life, everywhere present in nature, and is the source of all good thoughts, pure desires, and holy counsels in men. By him the prophets were moved to speak the word of God, and all writers of the Holy Scriptures inspired to record infallibly the mind and will of God. The dispensation of the Gospel is especially committed to him. He prepares the way for it, accompanies it with His persuasive power, and urges its message upon the reason and conscience of men, so that they who reject its merciful offer are not only without excuse, but are also guilty of resisting the Holy Spirit.
“III. The Holy Spirit, whom the Father is ever willing to give to all who ask him, is the only efficient agent in the application of redemption. He convicts men of sin, moves them to repentance, regenerates them by His grace, and persuades and enables them to embrace Jesus Christ by faith. He unites all believers -to Christ, dwells in them as their comforter and sanctifier, gives to them the spirit of adoption and prayer, and performs all those gracious offices by which they are sanctified and sealed unto the day of redemption.
“IV. By the indwelling of the Holy Spirit all be*466 lievers being vitally united to. Christ, who is the head, are thus united one to another in the church, which is His body. He calls and anoints ministers for their holy office, qualifies all other officers in the church for their special work, and imparts various gifts and graces to its members. He gives efficiency to the Word, and to the ordinances of the Gospel. By him the church will be preserved, increased until it shall cover the earth, purified, and at last made perfectly holy in the presence of God.
“Chapter xxxv. — Of the Love of God and Missions.
“I. God, in infinite and perfect love, having provided in the covenant of grace, through the mediation and sacrifice of the Lord Jesus Christ, a way of life and salvation, sufficient for and adapted to the whole lost race of man, doth freely offer this salvation to all men in the Gospel.
“II. In the Gospel God declares.His love for the world and His desire that all men should be saved, reveals fully and clearly the only way of salvation, promises eternal life to all who truly repent and believe in Christ, invites and commends all to embrace the offered mercy, and by His spirit accompanying the word pleads with men to accept His gracious invitation.
“III. It is the duty and privilege of every one who hears the Gospel immediately to accept its merciful provisions; and they who continue in impenitence and unbelief incur aggravated guilt and perish by their own fault.
“IV. Since there is no other way of salvation than that revealed in the Gospel, and since in the divinely established and ordinary method of grace faith*467 cometh by hearing the Word of God, Christ hath commissioned His church to go into all the world and to make, disciples of all nations. All believers are, therefore, under obligation to sustain the ordinances of religion where they are already established, and to contribute by their prayers, gifts, and personal efforts to the extension of the kingdom of Christ throughout the whole earth.”
To all the final action of the general assembly of the Cumberland Presbyterian Church in completing the reunion there was a strong protesting minority, who declined to accede to the lawfulness of the steps leading up to it', or to the conclusion that it had lawfully taken place. This minority now claim that they constitute the true Cumberland Presbytrian Church, and as such are entitled to all of the property belonging to that organization prior to the reunion; that the majority have abandoned the ancient church and creed, and caused themselves to be merged into and swallowed up by another ecclesiastical organization; that, having abandoned the original Cumberland Presbyterian, Church, the majority have no interest in or title to any of its property. On the oth'er hand, the majority assert that the union, having been lawfully authorized by a constitutional vote of the general assembly of the church and approved by the necessary majority of the presbyteries, became legally an accomplished fact, and they therefore took with them, as the rightful successors of the original church, the title to and the right to possess all of its property. These conflicting claims present the issue of law arising on the record for our adjudication.
As a rule, it may be stated that where a donor has dedicated property for the purpose of advancing or of disseminating any particular religious doctrine or
The Cumberland Presbyterián Church consisted of many congregations, organized into one general government, and its ecclesiastical power was distributed among various tribunals or judicatories, one rising above another in regular gradation from the lowest, the church sessions, which had! charge of the affiairs of a single congregation, to the highest, the General Assembly, which was the repository of all the ultimate ecclesiastical power of the church. The jurisdiction of these various tribunals is set forth in the several
When a congregation such as that at Sturgis acquires property for the purpose of religious worship not charged with any specific religious trust, it holds the property, and is entitled to hold and enjoy it, only because the congregation is a part of the general ecclesiastical government; and this right continues so long as the.congregation can be identified as an integral part of the general government, but no longer.. In such a case, if there be a schism in the congregation and a conflict of claim to the property, the civil courts will look into the question only so far as is necessary to ascertain which of the claimants can be-identified with. the general church government and award the property to them. If this identification turns upon a decison of an ecclesiastical court of the-general church government having - jurisdiction to make it, the civil tribunals will award' the property in accord with the judgment of the ecclesiastical court. The principle is rested upon the broad proposition that religious organizations are merely voluntary associations, whose constitutions and laws are in their ultimate result, so far as civil tribunals are
The case of the First Presbyterian Church of Louisville v. Wilson, 14 Bush 252, involved a principle nearly akin to the one under consideration. In the opinion the court said: “Religious societies are regarded by the civil authority as other voluntary associations, the individual members and separate bodies of which will be held to be bound by the laws, usages, customs, and principles, which are accepted among them, upon the assumption that in becoming parís of such organizations they assented to be bound by those laws, usages, and customs as so many stipulations of a contract between them. It is only by so regarding the association of individuals or bodies for religious purposes that the civil authority in this country can interfere at all, add then it can interfere only so far as may be necessary to decide upon and protect the rights of property depending upon the contract between the parties. And when that contract has been construed by the parties the courts will, as in other cases, follow their own construction. * * * Congregations are bound by the action, of their respective sessions, if the matter determined be within its jurisdiction, and the sessions are bound in like manner tiy the action of their presbyter, presbyteries by the action of their synod, and synods by the the action of the General Assembly. ’ ’ The case above cited involved a contest between two factions of a Presbyterian! congregation for the title and possession of the church property. The court awarded it
•The ca,se of Watson v. Jones, 13 Wall 679, 20 L. Ed. 666, arose out of a conflicting claim of two. factions of a Presbyterian church for the church property. The conflict concerned the right of the synod' to order the election of elders. The supreme court, in its opinion, discussed the question in a broad and thorough manner, and among other things said of the principle we have before us the following: “But the third of these classes of cases is the one which is oftenest found in the courts, and which, with reference to the number and difficulty of the questions involved, and to other considerations, is every way the most important. It is the case of property acquired in any of the usual modes for the general use of a religious congregation which is itself part of a large and general organization of some religious denomination, with which it is more of less intimately connected by religious views and ecclesiastical government. The case before us is one of this class, growing out of a .schism which has divided the congregation and its officers, and the presbytery and synod, and which appeals to the courts to determine the right to the use of the property so acquired. Here is no case of property devoted forever by the instrument which conveyed it, or by any specific declaration of its owner, to the support of any special religious dogmas, or any peculiar form of worship, but of property purchased for the use of a religious congregation, and so long as any existing religious congregation can be ascertained to 'be that congregation, or its regular and legitimate successor, it is entitled to the use of the
Prior to the year 1844 the Methodist Episcopal Church of the United States, having become divided in sentiment on the subject of slavery, the General Conference in that year authorized' a division of the church between the North and the South; and as a result there was set up south of Mason and Dixon’s line what is known as the Methodist Episcopal Church South. Before the separation the church as a whole possessed a very valuable property called the “Methodist Book Concern.” After the separation the right of the Church South to participate in the fund or property was denied; it being said, among other things, that the General Conference was without power to divide the church, and that those churches in the South which had availed themselves of the permission of the General Conference had thereby voluntarily left the original church and lost all beneficial interest in the property of that' institution. The litigation which grew out of this conflict of interest reached the Supreme Court in the case of Smith v. Swornstedt, 16 How. 288, 14 L. Ed. 942; and in holding that the separation of the church into two jurisdictions was within the inherent authority of the General Conference, and that the common property was to be divided ratably between the two churches, the court, through Mr. Justice Nelson, said: “It is insisted, however, that the General Conference of 1844 possessed no power to divide the Methodist Episcopal Church as then organized, or
The authority of the General Conference to make the division of the church, discussed in the last-cited case, was also challenged in the case of Gibson v. Armstrong, 7 B. Mon. 481. The question arose in
It will be observed that the question involved in the two last-cited cases is the converse of that before us. There the supreme ecclesiastical power had been exercised to divide a united church; here the same power has been invoked to reunite a divided church. There the power to divide was challenged, because it was urged in effect that “division is death, and no church organization has the inherent power of self-destruction.” Here the power to reunite a divided church is denied because, it is said “union is death, and no church has the inherent power of self destruction.” To the first of these antithetical propositions
The case of McGinnis v. Watson, 41 Pa. 9, involved a question similar to the one at bar. Two synods of different branches of the Presbyterian Church by united action coalesced into one. One of the congregations divided upon the question of the power of the synods to imite, and each faction claimed the property to the exclusive of the other. The Supreme Court of Pennsylvania upheld the party acting in conformity with the decision of the synod. In the opinion upholding the union, it is said: “How far is the congregation bound by the act of its synod? Religious societies are not free, if they may not choose their own form of organization. They may organize as independent churches, and then their law is found in their own separate institutions, customary or written. Or they may organize as associated churches., and then their law is to be found in their own rules, and in those of the associated organism. When persons join a church belonging to such a general organism, they assent to its laws, and are entitled to the implication that the affairs of the church are to be managed according to them. . This result of our law, and of the relations of associates in churches, is so clear, obvious, and necessary that we need not dwell upon it.” And in concluding its opinion the rule that we are attempting to establish was thus stated: ‘‘But one of the very ablest judicial opinions that we find in our books.on this subject is that of Chief Justice Marshall, of Kentucky, in Gibson v. Armstrong, 7 B. Mon. 481, wherein it is decided that in general organizations of united churches the law of the general organism is binding on all the individual churches, and that even a majority,
We think the foregoing authorities establish beyond question that, unless there is something in the constitution of the Cumberland Presbyterian Church, as it existed before the union, which denied jurisdiction to the General Assembly, with the approval of the presbyteries, to authorize the union under discussion, the action by which the two churches were reunited must be held valid' and binding so far as the civil courts are concerned.
Appellees rely with great confidence upon the provisions of section 25 of the constitution as indicating that the various ecclesiastical judicatories mentioned
But, passing this for the present, and for the purpose of the argument assuming that the constitution of the church is a delegation of enumerated powers, did the General Assembly by the express terms of the constitution have the power to authorize the union which took place between the two churches? Among the various comprehensive and far-reaching powers recognized by section 43 as appertaining to the General Assembly, we find that “the General Assembly shall have power * * * to receive under its jurisdiction other ecclesiastical bodies whose organization is conformed to the doctrine and order of this
It will be observed that the ecclesiastical bodies authorized to be received are organizations similar' in extent to that represented by the General Assembly of the Cumberland Presbyterian Church. The
But, even if we are mistaken' in the view that the constitution, as it originally stood, did authorize the union, we are of opinion that the action taken amended the constitution. By section 60 of the constitution of the Cumberland Presbyterian Church, upon the recommendation of the General Assembly, at a stated meeting, by a two-thirds vote, the Confession of Faith or constitution of the church may be amended or changed, when a majority of the presbyteries, upon the same being transmitted for their action, shall approve thereof. This is, upon the one hand, a limitation upon the power of the General Assembly. Under it the General Assembly may not change the Confession of Faith or constitution of the Church except by a two-thirds vote of its members, and not then until a majority of the presbyteries, upon the matter being transmitted for their action, shall approve of it. But, on the other hand, it is necessarily a grant of power to the General Assembly to change the Confession of Faith or constitution of the church by a two-thirds vote of its members, with the approval of a majority of the presbyteries, upon the matter being transmitted for their action. This power of the General Assembly is plenary; i. e., it may make any change it sees fit in the constitution or in the Confession of Faith of the church, by a two-thirds vote of its members, when the change is approved by a majority of the presbyteries. Under this power the General Assembly might, in changing the constitution of the church, change the name of the church and adopt another name; and, under it, it might adopt an entirely new Confession of Faith. There is no limit to its power, provided two-thirds
The Cumberland Presbyterian Church not being congregational in its form of government, it is immaterial how the members of the Sturgis church stood in'regard' to the proposed change. The power to make the change is vested in the General Assembly
In order to uphold the judgment of the circuit court in this case, we must decide that there was no power or authority in the Cumberland Presbyterian Church!, short of the acquiescence of every member, to effect the union which took place. This we have tried to show is untenable. We are strengthened in this conclusion by the historical position of the church on this subject from the very beginning of
It will thus be seen that the Cumberland Presbyterian Church, from its very beginning, has ardently desired a reunion with the mother church, and has sought on several occasions a union with churches other than the Presbyterian. The men who founded this church, and those who, from time to time, have constituted its General Assembly, were doubtless wise, candid, and conscientious Christian people; and it is inconceivable that they, having officially declared and shown in every way possible that they desired a reunion with the mother church during the hundred years of the existence of the Cumberland Presbyterian Church, should deliberately establish a constitution which forbade such union. And yet this is what we must find to be the truth, if the position of appellee is to be upheld. "We are told that “union is death,” and that it is not to be supposed that the fundamental law of a religious organization makes provision for its destruction. If this proposition be sound, then we are forced to the belief that the Cumberland Presbyterian Church has been seeking self-destruction for nearly a century. Is it true that union is death? If by this rather dramatic statement anything more is meant than that by the consummation of the union the entity known as
A question very similar to that we have here arose in the case of Central University of Kentucky v. Walters’ Ex’rs, 122 Ky. 65, 90 S. W. 1066, 28 Ky. Law Rep. 1041. Walters had agreed to donate a sum of money to Central University, located at Richmond, Ky., and had given his note for the amount of the donation. Afterwards Central University was united and consolidated with Centre College, at Danville, Ky., after which Walters instituted an action for a cancellation of his note, claiming that the consideration for it had failed; that Central University, by being moved away from Richmond, Ky., and consolidated with Centre College, at Danville, Ky., had been annihilated, and therefore the maker of the note was entitled to a cancellation. But the soundness of
In the case of Mack et al. v. Kime et al., 129 Ga. 1, 58 S. E. 184, the validity of the very union involved in this case arose in the státe of Georgia, and the Supreme Court of that state, in a most exhaustive opinion, discussed every phase of the question which we have before us, and reached the conclusion that the right of the General Assembly of the Cumberland Presbyterian Church to imite that organization with the Presbyterian Church was an ecclesiastical question, the decision of which was exclusively in the
The ease of Fussell et al. v. Hall et al., 233 Ill. 73, 84 N. E. 42, did not involve a question of property rights, and the opinion does not throw any light upon the question at issue here.
There is no merit in the contention of appellees, that' the union deprives them of their property. This plea begs the whole question. They never had an interest in the property, except -as members of the congregation while it was an integral part of the general ecclesiastical organization known as the Cumberland' Presbyterian Church. If the General Assembly and the presbyteries of that church had a right to effect the union of which they complain, their interest in the church property can be made to continue only by their remaining in the new organization, which, as we have shown, is the lawful successor of the former organization. If they do not ■ choose to follow the decrees of their church judicatories, they, of course have the power to foresake the church; but, when they leave it, they abandon all interest in its property. This was the contract made when they entered the church, and this contract the civil- courts will enforce in the only way they can enforce it- — by requiring the property to follow the direction indicated by the judgments of the e-celesi
In conclusion, we deem it not improper to say that, owing to the great importance of the question involved in this case, we have given it our most careful and impartial attention. The question whether or not the various families of the Presbyterian faith must remain ever separated, although the causes which originally divided them have disappeared in the light of modern theological evolution, is one which must give solicitude to all who have the advancement of civilization at heart. The history of the Presbyterian Church is the history of a very large part of what we know and enjoy of civil and religious liberty. The teachings of her faith' are such as have always attracted to her the most lofty minds and the boldest spirits. In following her path through the pages of history, whether her votaries be called Lutherans, as in Germany, Hugenots, as in France, Covenanters, as in Scotland-, or Puritans, as in England, they will always be found to be among the bravest and the best. As a religious organization, she bad no compromise along the lines of conscience to make with power, and could be deflected from the path of recitude neither by the frown of authority nor the- blandishments of corruption. With the same indomitable courage she confronted the haughty princes of the House of Tudor and the crowned weaklings of the House of Stuart. With the same words of scornful condemnation she rebuked the sins of MJessalina on the throne and the wanton in the street. Her path has led her oftener into exile than into favor with the great — oftener to the-dungeon and the stake than to the pleasure of kings1 houses or the friendship of courtiers. But under
The judgment is reversed, with directions to dssmiss the petition.
Petition for rehearing by appellee overruled.