Harris v. Cosby

• Citation: 173 Ala. 81,55 So. 231
• Parties: HARRIS ET AL. v. COSBY ET AL.
• Decision Date: 02 February 1911
• Court: Supreme Court of Alabama

55 So. 231

173 Ala. 81

HARRIS ET AL. v. COSBY ET AL.

Supreme Court of Alabama

February 2, 1911

Rehearing Denied April 27, 1911.

Appeal from City Court of Birmingham; H. A. Sharpe, Judge.

Bill by P. H. Harris and others against W. M. Cosby and others. Decree for defendants, and complainants appeal. Affirmed.

Nathan L. Miller, H. C. Selheimer, Carmichael & Wynn, W. C Caldwell, and W. V. Lamb, for appellants.

John M Gaut, Samuel D. Weakley, and Joe C. Hail, for appellees.

SIMPSON J.

This is a bill in equity filed by the appellants as trustees and members of the First Cumberland Presbyterian Church of Birmingham against the appellees, who are claimed by the bill to have abandoned the Cumberland Presbyterian Church, and become members of the Presbyterian Church, U.S. A.

The matter involved is certain property in Birmingham, Ala which originally belonged to the Cumberland Presbyterian Church, and is claimed by the respondents as representatives of the Presbyterian Church, U.S. A by virtue of a union effected by that church with the Cumberland Presbyterian Church, while the complainants claim that said union was never legally consummated, and that they, representing the Cumberland Presbyterian Church, are entitled to the property, and that the respondents should be enjoined, etc. So the question to be decided is whether or not the Cumberland Presbyterian Church has been united with the Presbyterian Church, U.S. A., under the name of the latter.

The Presbyterian Church, U.S. A., is a denomination of Christians holdings as their doctrinal system the Confession of Faith, Catechisms, and form of government which were formulated by that famous assembly of learned men of the time called by the English Parliament to meet in Westminster Abbey, in London, in 1643, hence called the Westminster Assembly, which labored for 5 1/2 years, and, besides the doctrinal standards, claimed to be based directly on the Holy Scriptures, also presented a form of government, republican in form, as distinguished from monarchial or hierarchical, on the one hand, and from the strictly democratic, or congregational form, on the other, in which the people of each congregation vote directly on all matters pertaining to the church. Under this system the people vote on nothing save the matters pertaining to the congregation, the election of the pastor, and of church officers and trustees. The Session, composed of the pastor and ruling elders, is the ruling body of the church. The Session elects delegates to the Presbytery and Synod; each pastor being ex officio a member of each. The Presbytery elects delegates, called "commissioners," to the General Assembly. These are called "Judicatories," but they possess not only judicial, but legislative, powers, and the General Assembly is the supreme judicatory of last resort. We will allude more in detail to its powers later on, for the form of government of the Cumberland Presbyterian Church is the same as that of the Presbyterian Church, U.S. A.

In the year 1810, there being differences of opinion among the members of said church in regard to the interpretation of certain of the standards of faith in their confession, three ministers withdrew from said church, and organized an independent Presbytery called the "Cumberland Presbytery." They claimed that a proper interpretation of certain articles in said Confession of Faith amounted to fatalism, while the Presbyterian Church, U.S. A., claimed that such was not their meaning. They also claimed that a certain other article indicated that some infants are lost eternally, while the other contended that it meant nothing of the kind, and that it was only an explanation of how infants are saved. The Cumberlands also thought that the requirements for the education of the ministry were too strict. Thus it will be seen that one party simply interpreted their standards one way and the other another, and the lay mind, in contemplating the long contention over, and final adjustment of these abstruse theological questions, is reminded of the fabled battle between the two knights as to whether the shield was brass or copper, who, when they saw both sides, found it brass on one side and copper on the other. However, on the 4th day of February, 1810, the Cumberland Presbytery was organized by three ministers who state that they are regularly ordained ministers of the Presbyterian Church, that they have waited four years for a redress of their grievances, and a restoration of their rights. They then proceed to define the qualifications of candidates for the ministry thereafter, to wit, "that they shall be required to receive and adopt the Confession and Discipline of the Presbyterian Church, except the idea of fatality, which seems to be taught under the mysterious doctrine of predestination. It is to be understood, however, that such as can clearly receive the Confession without an exception shall not be required to make any." They then provide for the qualifications of the ministry (educationally). The Presbytery subsequently adopted "a circular letter," addressed "to the Societies and Brethren of the Presbyterian Church," etc., stating their differences, and stating that "the exception or condition in which they were indulged was only designed to meet some conscientious scruples, in points not fundamental or essential, particularly the idea of fatality, that seemed to some of them to be there taught, under the high and mysterious doctrine of predestination." They also state in said circular "that we have it in view as a Presbytery to continue or make another proposition to the Synod of Kentucky or some other Synod for a reunion. If we can obtain it without violating our natural and scriptural rights, it will meet the most ardent wish of our hearts."

Afterwards a Synod was formed, followed by others, and a General Assembly. The Confession of Faith was revised, and in reporting it to the General Assembly in 1882 the committee state: "We have not changed a single doctrine fundamental to your scheme of theology, or any of its correlates," and that no material changes were made in the government of the church "except such as were found necessary to present more clearly the practice and usage of the church courts and such as were deemed proper to develop more certainly our work and resources," and that "in the constitution, which takes the place of what is now termed 'form of government,' are included only those fundamental principles which, with the Rules of Discipline, are not to be changed without the approval of the Presbyteries," while the General Assembly alone is allowed to make changes in general regulations, not fundamental in character, "Directory of Worship and Rules of Order."

The General Assembly in adopting this report provides "that those who have heretofore received and adopted the Confession of Faith approved by the General Assembly in 1829, and who prefer to adhere to the doctrinal statements contained therein, are at liberty to do so." This matter was submitted to the Presbyteries for their vote on the same. In 1811 committees were appointed by the Cumberland Presbytery to confer with similar committees of the Presbyteries of Muhlenburg and West Tennessee (Presbyterian) on the subject of reunion, and in 1812 the Cumberland Presbytery unanimously adopted resolutions referring to the failure of said committees to agree, in one of which it is resolved "that this Presbytery have always been, and expect always to be, ready and willing for union with the general Presbyterian Church, on gospel principles."

Without entering into a tedious detail, the records of the Cumberland Presbyterian Church show that committees were appointed at different times to confer with similar committees of the Presbyterian Church, U.S., the Presbyterian Church, U.S. A., and the Evangelical Lutheran Church, in all of which their general agreement in doctrine and government was emphasized, and their differences were stated to be not fundamental, and the union was stated to be desirable.

This history shows that it has been one of the cardinal principles of the Cumberland Presbyterian Church since the organization of the first Presbytery that a union with the original church and other members of the Presbyterian family was desirable and would be effected, whenever, by mutual concession in the statement of their creeds, the Cumberland Church could go into the union without a sacrifice of principle. This history shows another fact, important to the decision of this case, to wit, that the entire government of the church is committed to the church courts so called, which have both judicial and legislative power and authority, and that the individual members of the congregations are not called upon to vote, save to elect their elders; that the elders compose the Church Sessions, which elect members to the Presbyteries, and the Presbyteries elect members (called commissioners) to the General Assembly; and that the action of the General Assembly, confirmed by the vote of the majority of the Presbyteries, is the supreme law of the church. It will be noted that the first Presbytery was organized by three ministers alone, that subsequently the Synods and General Assembly were organized by the Presbyteries, and the Confession of Faith and constitution were adopted by the General Assembly, and its action confirmed by the Presbyteries, and there is no intimation that the people ever voted on any of these matters.

We will not unduly lengthen this opinion by discussing the successive steps by which the union was consummated. The Supreme Courts of Arkansas and California have summarized them very clearly and shown that, although a short form of ballot was used, yet the entire plan of union...