Martyrdom in Missouri, Volume 1 (of 2) : $b A history of religious proscription, the seizure of churches, and the persecution of ministers of the Gospel, in the state of Missouri during the late Civil War, and under the "Test Oath" of the new Constitution.Leftwich, W. M. (William M.)
History
Martyrdom in Missouri, Volume 1 (of 2) : $b A history of religious proscription, the seizure of churches, and the persecution of ministers of the Gospel, in the state of Missouri during the late Civil War, and under the "Test Oath" of the new Constitution.
Leftwich, W. M. (William M.)
Methodist Episcopal Church -- Missouri; Methodist Episcopal Church, South -- Missouri; Missouri -- Church history; Missouri -- History -- Civil War, 1861-1865
Wherever the right of property was referred in any given locality to the
civil courts the decision was the same as that above, and the Northern
Methodists of Missouri acquiesced in the extinguishment of their right
to all the property formerly owned by the original Church, and its legal
confirmation to the M. E. Church, South.
Now, it may well and significantly be inquired how the civil war of 1861
could revive the title to property that had been extinguished, in fact
and in law, by the will of its legal owners in 1845? Laws may be
repealed, altered and amended, but not so as to affect the previous
rights of property. Nothing is more sacredly guarded by civil
legislation than the rights of property. Laws may change, but justice
and equity remain the same; and courts of equity not unfrequently
pronounce upon the equity of legislation in respect to the rights of
property. Hence the strongest rights are those founded both in law and
equity.
If the rights of property were revived by the civil war it must have
been done in one of two ways: either by legislation or attainder. It was
never claimed to have been revived by legislation, which, to say the
least, was a doubtful expedient, and conferred a doubtful right, if any
at all. It could not have been done by attainting the blood of the
lawful property holders, except by due process of law and for cause.
This was never even attempted.
Then we fall back upon the original inquiry, how the civil war revived
property rights that had been extinguished nearly twenty years? What
virtue in armies, in battles, in fire or blood to resuscitate
extinguished titles? What virtue in martial law, in military occupation
and orders, or in drum-head courts-martial, to set aside the legal and
moral rights of one Church and set up the legal claims of another
Church? Was it the right of might, and the might of arms? Could bullets
and bayonets set aside or substitute warranty deeds? How could the
battle of Springfield, fought August 10, 1861, affect the title of
Church property in Springfield secured by deed of conveyance, dated
October 11, 1856, to certain gentlemen as trustees of the M. E. Church,
South, to hold in trust for the uses of said Church? Or how could the
battles of Boonville or Lexington destroy the rights of property in
those cities which inhered in the members of the M. E. Church, South?
Public-domain text, read in full here on John Shaqi.
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