December 24, 2014

Discussions (Vol 2) - Dabney - XVII - Walnut Street Church Decision concluded

Required reading
Discussions (Vol 2) by Robert L. Dabney (Available from Amazon or free here) - Conclude 'Walnut Street Church Decision'.

My summary

Today's reading is the second point in Dabney's examination of a Supreme Court decision regarding two congregations fighting for a Presbyterian church property.

Now Dabney considers the equity and righteousness of the principles in question.  He seeks to establish that Justice Miller was wrong to imply that property-right 'is strictly and purely ecclesiastical in its character.'

What grabbed me

Interestingly, given my comments last week on this chapter, Dabney pointed to congregational government to illustrate his case: 'The reporter of the Supreme Court correctly states a part of its decision under his sixth proposition. If the property in trust was given to a Congregational church, which is independent in its order, in cas9 of a schism the trust is to be bestowed by the civil court on "the majority of the society." The inadequacy of this principle is disclosed by a very simple question. Suppose this independent society should be found equally divided ? To which of the equal members will the court give the succession ? Here, at least, it must unavoidably take jurisdiction of the question, which of the two maintains the doctrine and order which the trust was designed to uphold ? But after doing this, that court could not, in the next case, abdicate the righteous authority it had just exercised, and allow the party which perverted the trust to enjoy its possession, because merely of the accident that it had the major numbers. To act thus would imply that numbers made error true and wrong right. '

Firstly, it is possible for the chair to cast a deciding vote if necessary when there is no clear majority.

Furthermore, Jesus, the apostles and Paul appear to be happy with a majority deciding right and wrong in church matters (see Matthew 18:17, Acts 6:3 and 2 Corinthians 2:6).

Next week's reading
Read 'Speech on fusion with the United Synod'.

Now it's your turn
Please post your own notes and thoughts in the comments section below.

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