on the essential principle which underlies the whole case as between the Church and the State; and it is in regard to that principle, chiefly, that we now refer to the case. It is in reference to this latter application that the Louisville Presbytery complained; and it need only be said here, in contradiction to the above prophecy, that the General Assembly, in May last, did not elect "a saner Board," but approved and sustained its course.

We

The order from the War Department to the Methodist Bishops, and that of General Wild, are before us. see nothing "infamous" in either, although both are so styled. In the first, "transportation and subsistence" are to be furnished "Bishop Ames and his clerk, when it can be done without prejudice to the service." This is mostly an affair of the Government, and is of minor consideration. In that of General Wild, it was ordered that the Churches should be " open freely to all officers and soldiers, white or colored," &c. Perhaps the infamy is found in the hue of the skin. But these, as we have said, are subordinate matters. We only desire to look at the radical principle at the bottom of these cases, as furnishing or not a just ground of complaint, to say nothing of vile abuse, both of the Church and the Government.*

That the reader may see the two orders referred to, each of which is pronounced "infamous," we here insert them as found in The True Presbyterian of March 17, 1864:

"WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, "WASHINGTON, November 30, 1863.

"To the Generals commanding the Departments of the Missouri, the Tennessee, and the Gulf, and all Generals and Officers commanding armies, detachments, and corps, and posts, and all Officers in the service of the United States in the abovementioned Departments: You are hereby directed to place at the disposal of Rev. Bishop Ames, all houses of worship belonging to the Methodist Episcopal Church South, in which a loyal minister, who has been appointed by a loyal Bishop of said Church, does not now officiate. It is a matter of great importance to the Govern ment, in its efforts to restore tranquillity to the community and peace to the nation, that Christian ministers should, by example and precept, support and foster the loyal sentiment of the people. Bishop Aines enjoys the entire confidence of this Department, and no doubt is entertained that all ministers who may be appointed by him will be entirely loyal. You are expected to give him all the aid, conntenance, and support, practicable in the execution of his important mission. You are also authorized and directed to furnish Bishop Ames and his clerk with transportation

CHURCH APPLICATION VINDICATED.

239

What is here involved? Here is no union of Church and State, as some have pretended; no subordination of the Church to the Government, out of its proper sphere, nor of the Government to the Church; no "indorsing" by the Government of a minister's "commission to preach the Gospel;" no improper position for the Church at the North to take; and no injustice to the Church at the South, so far as it is in rebellion, as to rights of property, organization, or spiritual teachers.

CHURCH APPLICATION VINDICATED BY THE FACTS.

In regard to the action of the Church at the North, its several branches have applied to the War Department for a "permit" or a "passport," that their ministers might go within the lines of the army, and occupy the vacant pulpits of the South, from some of which disloyal ministers had fled within the rebel lines, and from others of which they had been ejected by the Government. In its essence, this is all that the application involves. And what is it? It is precisely similar, and nothing more, than the permission which is sought and obtained from the War, Treasury, Navy, and State Departments, for citizens to exercise their business, trade, or profession, of a secular character,

and subsistence, when it can be done without prejudice to the service, and will afford them courtesy, assistance, and protection. By order of the Secretary of War. "E. D. TOWNSEND, Assistant Adjutant-General.” "HEAD-QUARTERS, NORFOLK AND PORTSMOUTH, "NORFOLK, VA., Feb. 11, 1864.

"General Orders, No. 8.-All places of public worship in Norfolk and Portsmouth are hereby placed under the control of the Provost-Marshals of Norfolk and Ports mouth respectively, who shall see the pulpits properly filled by displacing, when necessary, the present incumbents, and substituting men of known loyalty and the same sectarian denomination, either military or civil, subject to the approval of the Commanding General. They shall see that the Churches are open freely to all officers and soldiers, white or colored, at the usua! hour of worship, and at other times, if desired, and they shall see that no insult or indignity be offered to them, either by word, look, or gesture, on the part of the congregation. The necessary expenses will be levied, as far as possible, in accordance with the previous usages or regulations of each congregation respectively. No property shall be removed, either public or private, without permission from these head-quarters. By command of "E. A. WILD, Brig. Genera?”

within the "seceded" States, or within the lines of the Federal army, or to go there at all for any purpose; the conditions being that the business, in the judgment of the Government, shall be proper in itself, and warranted by the circumstances of the case and the state of the country, and that the persons concerned in it shall be loyal.

The Church looked at the simple fucts, that many Southern pulpits were vacant, and that others would become so as our armies should advance; that Southern ministers had abandoned and had been driven from their positions; and that the Government would not allow any but loyal men to fill their places. Besides this, tens of thousands of freedmen, women, and children, were as "sheep without a shepherd." The Gospel, therefore, would not be preached at all to multitudes of people, white and black, many of whom were loyal, and would gladly welcome it, unless the Government should open the way. Under these circumstances, was the Church doing wrong or right in asking the sanction of the Government, obtaining a "permit," for it was no more than that, and just what is sometimes done on heathen ground, to "go into all the South and preach the Gospel to every creature?" Looking at the facts alone, it is clear that the Church at the North has done nothing more than her duty. Had she not done it, she would have been verily guilty before God, and the blood of multitudes of souls would have been found upon her. We do not say what might or might not have been the duty of the Church, in this case, had the application been denied. It is not necessary to raise any question of the Church's duty to preach the Gospel, even in the face of opposition from the civil power. That has nothing to do with the present issue. This, however, may be said, as a principle universally applicable,-that, if the civil power is

CHIEF GROUND OF COMPLAINT.

241

opposed to the Church's proper work, the Church should seek to conciliate rather than disregard such opposition. In this case, we simply look at the facts as they are. The Church could not send men South to preach without permission of the Government, or provoking its hostility. It was, then, its duty to ask permission to go within the lines of the army, and, if granted, to accept it, provided the work itself was proper. The actual condition of the South reveals the duty, and the application vindicates the Church in seeking to discharge it in a way not to provoke collision with the Government.

CHIEF GROUND OF COMPLAINT.

But suppose the Church, looking beyond the facts, should entertain the question, whether she might not, in this course, be conniving at a great wrong done by the Government to the Southern people; how would her conduct be affected? This brings up the other side of the case. It is no doubt here that The True Presbyterian, and those who agree with it, found their great objection, denying that the Government has any right to take possession of the Southern Churches, or turn them over to loyal men from the North or elsewhere; and that the Church, in asking and accepting this from the Government, is guilty of compounding a felony with the State. Dr. Robinson speaks as follows upon this point:

When the Administration, or any of its functionaries, obtrudo themselves into the affairs of religion, and undertake to direct the affairs of Christ's kingdom, from which they are restrained both by the law of Christ and the Constitution of the country, we are obliged to treat them as any other false teachers and usurpers in the Christian commonwealth. *** It comes to settling the powers of civil and military government over religion. *** The people of the country will surely be slow to recognize such powers over religion in this Government; for who knows how soon the order may be extended to

embrace Ohio, New York, and Pennsylvania, as well as Missouri, Tennessee, ctc.?

When the cases become similar in Ohio, New York, and Pennsylvania, and through treason and rebellion the ministry and people of the Churches in those States turn traitors, and their pulpits become vacant, as is now the case all through the South within the lines of the Federal armies, then "the order may be extended to embrace" them also, on the ground of the most unquestionable principles of public law, as recognized among all nations. It is on this ground that the course of the Government toward disloyal ministers and people at the South is justified.

GOVERNMENT AND CHURCH VINDICATED BY THE LAW.

not.

The laws of war regard all citizens of a hostile nation as public enemies, whether actually engaged in war or When a nation is engaged in civil war, and, as in the present case, is attempting to put down a rebellion undertaken by organized States, all persons within the territory in rebellion are in like manner deemed enemies of the Government. This is settled public law among all nations; and it has been so held in regard to the present rebellion, by the Supreme Court of the United States.

But the case immediately in hand goes far beyond this. It concerns ministers and churches that are notoriously in

"It is understood that the whole nation declares war against another nation: for the sovereign represents the nation, and acts in the name of the whole society; and it is only in a body, and in her national character, that one nation has to do with another. Hence, these two nations are enemies, and all the subjects of the one are enemies to all the subjects of the other. In this particular, custom and principles are in accord. Since women and children are subjects of the State, and members of the nation, they are to be ranked in the class of enemies. But it does not thence follow that we are justifiable in treating them like men who bear arms, or are capable of bearing them. It will appear in the sequel, that we have not the same rights against all classes of enemies."- Fattel, b. 3, ch. 5.

It is very evident that the common laws of war ought to be observed by both parties in every civil war."-Vattel, b. 8, ch. 18.