The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and ScienceVarious
Religion
The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and Science
Various
Catholic Church -- Periodicals
"He stands," says the chancellor, "convicted of the offences
alleged against him by the sentence of the spiritual body of which
he was a voluntary member, and whose proceedings he had bound
himself to abide. It belongs not to the civil power to enter into
or review the proceedings of a spiritual court. The structure
of our government has for the preservation of religious liberty
rescued the temporal institutions from religious interference; on
the other hand, it has secured religious liberty from the invasion
of the civil authority. The judgments, therefore, of religious
associations, bearing on their own members, are not examinable
here; and I am not to enquire whether the doctrines attributed
to Mr. Dreher were held by him, or whether, if held, were
anti-Lutheran, or whether his conduct was or was not in accordance
with the duty he owed to the synod or to his denomination.... When
a civil right depends upon an ecclesiastical matter, it is the
civil court and not the ecclesiastical which is to decide. But
the civil tribunal tries the civil right, and no more, taking the
ecclesiastical decisions out of which the civil right arises as it
finds them."
This principle is reaffirmed by the same court in the John's Island
Church case.[9] And in Den _v._ Bolton[10] the Supreme Court of New
Jersey asserts the same principle.
The Supreme Court of Illinois, in the case of Ferraria _v._
Vascouelles, refers to the case of Shannon _v._ Frost with approval,
and adopts the language of the court, that the judicial eye cannot
penetrate the veil of the church for the forbidden purpose of
vindicating the alleged wrongs of excised members; when they became
members, they did so upon the condition of continuing or not as they
and their churches might determine, and they thereby submit to the
ecclesiastical power, and cannot now invoke the supervisory power of
the civil tribunals.
And in the case of Chase _v._ Cheney, recently decided in the same
(Illinois) court, Judge Lawrence says: "The opinion implies that in the
administration of ecclesiastical discipline, and where no other right
of property is involved, their loss of the clerical office or salary
incident to such discipline, a spiritual court is the exclusive judge
of its own jurisdiction, and that its decision of that question is
binding on the secular courts."
In the case of Watson _v._ Ferris,[11] which was a case growing out of
the schism in the Presbyterian Church in Missouri, the court held that
whether a case was regularly or irregularly before the assembly, was a
question which the assembly had the right to determine for itself, and
no civil court could reverse, modify, or impair its action in a matter
of merely ecclesiastical concern.
Public-domain text, read in full here on John Shaqi.
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