Church at Independence.
In 1857 the members and friends of the M. E. Church, South, erected, finished, furnished, dedicated and paid for a beautiful Church in the city of Independence. The architecture was half Gothic, and most elegant in its proportions and finish, two stories, with Sunday school, lecture room, pastor’s study, class rooms, closets, library and furnace rooms below, and above one of the handsomest audience rooms in the State. The whole cost was over $15,000. A convenient and commodious parsonage in the rear, on the same lot, with ample and tastefully ornamented grounds for both Church and parsonage.
This property was built and paid for by Southern Methodists, and used and occupied by them without molestation till the fall of 1862, when it was left temporarily without a pastor. A covetous eye had been on it, and the pastor for 1861 and ’62 had often been warned of personal danger and advised to seek some place of safety. He was several times put under military arrest, and several times informed of plots and purposes to shoot or hang him. The leaders of marauding bands of Kansas “Redlegs” or “Jayhawkers” had often sworn vengeance against him because he was a Southern Methodist preacher. They had hunted diligently for some accusation against him, or some pretext for taking his life, but he had been too prudent and cautious for their purpose; had pursued with singular fidelity his own calling, nor turned to the right or left for any purpose or party; had made many warm friends amongst the best Union men, who demanded that he should be let alone in his work and not molested any way by the authorities. They pronounced him loyal to his Master, his Church, his country, “and to have nothing laid to his charge worthy of death or of bonds.” He felt safe in the hands and under the protection of the regular military authorities, even such desperate characters as Lane, Jennison, Anthony, Montgomery, Nugent, etc., within whose military lines he had lived, and preached, and labored without any great annoyance or molestation. But the bands of lawless desperadoes and plunderers who could be used by designing men for any purpose whatever, such as Cleveland and others, from Kansas, were too irresponsible and reckless to trust. Friends had traveled in the night from Kansas City to Independence, a distance of twelve miles, to warn him of threats to hang him made by Cleveland and other outlaws, and through many other sources he was impressed with the fact that to remain would be to sacrifice his life causelessly. His friends advised him to seek safety in flight, even the Union military officers of the post counseled this course and provided the necessary facilities.
While his preparations to leave were being made the battle of Independence was fought, in which the Confederates, under Colonels Hughes, Thompson, Boyd and others, succeeded in taking the city, with its garrison, after a contest of four hours. This occurred on the morning of August 13, 1862, and precipitated the flight of the pastor. After the surrender he spent the day in caring for the wounded and dying, the night in packing up and storing his effects, and the next day at 2 P. M., with his family, his trunks and some few movable effects, in a coverless two-horse wagon, he started for Lexington and St. Louis.
He had not been gone two hours when the city, was re-entered by the Federal forces—a much enraged Kansas regiment—and for some cause yet unknown his house and church were searched, and every place of possible concealment in the whole vicinity visited with unsparing vigilance to find him. Enraged soldiers stamped the pavement in bitter disappointment, and swore loudly that if he could be found the first limb would be too good to swing his lifeless carcass for the fowls of the air.
Many a dark day had he shared with his flock, and they rejoiced now in his safety. He will never forget the “Black Thursday,” as it was called by sad distinction, when all the men of the city were arrested by Col. Jennison, penned up in the Court House yard, and guarded by a double line of soldiers all around the public square, while the drunken negroes of his command were turned loose upon the city to free the slaves and pillage and plunder the homes of the people to their hearts’ content. The insults offered the ladies by those beastly semi-savages, infuriated by bad whisky, and the deeds of horror committed by them, will sufficiently characterize the day as the “Black Thursday,” and distinguish the annals of crime without any detailed record here. None can forget the pillage and burning of Porter’s elegant residence and the very narrow escape of his sick daughter, who was rescued from the second story only by the efforts of the ladies, in defiance of the threats of the brutal soldiery; nor will that line of burning buildings, the light of which fell on their retreating path all the way back to Kansas City, and made lurid and fervid the evening sky, ever pass from the mind. Many other scenes of similar character had made life and property insecure; and Southern Methodist ministers were the objects of particular displeasure.
During that fall, and before the church had been supplied with another pastor, a Rev. James Lee, of the M. E. Church, North, made his appearance in Independence and demanded possession of the church. He first demanded the key, which the rightful owners refused to give up. He then appealed to the military commander of the post. This officer ordered the trustees of the M. E. Church, South, to report the key to his headquarters under pain of confiscation and banishment. The key was surrendered to him, and he gave it to Mr. Lee with his authority to hold and use the Church. After Mr. Lee got possession of the house of worship he, as if to “add insult to injury,” went through with a formal dedication service, setting the house apart to the worship of God as though it had been a pagan temple; after which it was used by the Northern Methodists as though it belonged of right to them, and without any seeming compunctions of conscience. The Church, South, had no place of worship, and in some respects the ladies of Independence duplicated the work and re-enacted the scenes of Kansas City.
In 1864 Rev. Mr. DeMott was sent by his Church to hold possession of and use the property. Not content with the church, he demanded the parsonage. He already had the coat and he wanted the cloak also. But the trustees of the M. E. Church, South, had rented the parsonage to a poor widow, Mrs. Brazil by name. Mr. DeMott asked her to vacate the house, this she declined to do; he demanded the key, she refused to give it up. He then appealed to the Commander of the Post, and returned with the result of this appeal in the form of the following military order:
“Headquarters 43d Inf. Mo. Volunteers. }
Independence, Mo., March 31, 1865. }
“To Mrs. Brazil, living in Methodist Parsonage, Independence, Mo.:
“It having been represented to the commanding officer that you occupy the parsonage belonging to the Methodist Episcopal Church, and persist in retaining the possession of the same to the exclusion of the minister of said Church, using in connection with such refusal language defiant of the Federal authorities and treasonable to the United States Government, you are therefore required to move your household goods out of and evacuate said parsonage by the morning of the third of April proximo; at which time, on failure on your part to comply with this order, your goods will be removed by the commander of this station.
“Very respectfully,
“B. R. Davis,
“Major 43d Mo. Vols., commanding station.”
Now, let it be understood that this property, as well as the church, had been built and paid for by the Southern Methodists, and of the three hundred members of that Church then in Independence, not more than eight or ten united with the M. E. Church, North.
The language of the above order sufficiently indicates the representations made by Mr. DeMott to the military authorities to influence them to move in that direction in their work of saving the Union.
To turn a defenseless and helpless widow with her children and household effects into the streets to make room for a Northern Methodist minister to occupy and hold property that belonged to others was, perhaps, a military movement of great strategic importance to the cause of the Union and the restoration of the Government; but in the light of moral honesty and Christian decency the military manœuvre becomes a pious fraud, which the perpetrators were forced, after using its opportunities for several years, to confess before men.
The church and parsonage were occupied and used by Mr. DeMott, when in the fall of 1865 Rev. M. M. Pugh was appointed by the St. Louis Annual Conference, M. E. Church, South, to the Independence station. On his arrival he made a formal demand of Mr. DeMott for the property. This was just as formally refused; the occupant declaring at the same time that he “had been sent there by his Church to hold that property for the use and benefit of the M. E. Church, and he intended to do it.” Recourse was had to the law, and suit for possession was instituted.
This suit was called in the Circuit Court for the spring of 1866, when Mr. DeMott made affidavit that important witnesses were absent and he was not ready for trial—the case was continued. The following fall term of the Court was held, and the defendants again swore that they were not ready for trial. Again the case was continued, but it was apparent that the motive for continuing the case so often was the farther use of the property, of which they knew the law would deprive them. They were never ready for trial, but began to feel the force of public sentiment and the shame of fraudulent dealing, if the sense of shame still remained; and the wiser and abler of them began to fear the penalty, not only of fraud, but of rents and damages, and advised a compromise. In February, 1867, they proposed, through their counsel, one Col. Hines, to surrender the property and pay all costs if the M. E. Church, South, would withdraw the suit. To this Messrs. Sawyer, Chrisman and Hovey, counsel for plaintiffs, agreed. The suit was accordingly withdrawn, the property vacated, and the rightful owners took possession.
The property was much damaged, and involved heavy expense in the necessary repairs. Those who occupied it evidently felt that it did not belong to them, and abused it accordingly.
To show more fully the grounds of the suit and the defense set up by defendants it may not be out of place, as an important part of the history of this affair, to introduce here a statement of the case furnished by Sam’l Sawyer, Esq., of Independence, one of the counsel for plaintiffs. It is as follows:
“The Church property at this place (Independence), as you are aware, was taken possession of by the M. E. Church, North, during the war, and the trustees of the Church, South, were compelled to assume the offensive. At first a suit by forcible entry was instituted before a Justice of the Peace, which was moved to the Circuit Court by certiorari; but as the suit, however determined, would not settle the title to the property, it was thought advisable to institute a suit, not only for possession, but also to quiet the title. In this last suit a full history of the church at Independence, as well as of the action of the General Conference in New York in 1844, and the Louisville Convention in 1845, was set up. In the answer filed by defendants they admitted the action of the General Conference of 1844, and the Convention at Louisville, Ky., the following year; also, the action of the Missouri Annual Conference of 1845, but deny their authority to act in the premises, and assert that the property was conveyed for the use of the M. E. Church at Independence Station, that they are the successors of the original trustees named in the deed of conveyance, and as such they assert their title to the property. Within the past few months several passes have been made for a compromise, but nothing definite was proposed until last Saturday, when I received a proposition from the attorney for defendants to surrender the whole property and pay all the costs. This proposition, although not what it should have been, yet, under the circumstances, and in view of the uncertainty hanging on the future, it was deemed best to accept; and on last Monday morning I received the keys, and possession was at once given to the trustees of the M. E. Church, South. This I hope ends the controversy.
“I would be glad to believe that the motive claimed, viz., a disposition to do right, was the governing motive in giving up the property; but my own opinion is, they saw that whenever trial could be had they had no case, and hence concluded to get out of a bad scrape with as much credit as possible. There was a difference of opinion among their members. Those, as usual, who had no pecuniary interests, and no property to answer for the costs and damages that might be recovered, were for fight to the last, while the more moderate and the men of means were determined to yield the possession, and their better counsels prevailed.”
Thus ended the case as it exists plainly in the facts of history, but there are some side lights and side scenes in the details without which the affair will not be complete. A few circumstantial details, which are contained in a communication found in the St. Louis Christian Advocate, of June 20, 1866, will serve to sample the whole. Take the following extracts:
“And there, too, stands that elegant church, with its stained windows and tall, graceful spire, at once the pride and ornament of the city; but its aisles are trod by other feet, and its cushioned pews are filled or reserved for other worshipers than those who built, or bought, or owned the property. The pulpit and altar, so tastefully fitted and furnished by the young men in 1857, are now served by other hands and other tongues, and I had almost said by another gospel, than those for whom or that for which they were prepared.
“The parsonage, which has housed so many good men of our church and their families, for whom it was built, is now occupied by another; and the spacious yard, once so tastefully ornamented with shade and fruit trees, flowers and evergreens, is laid waste and almost bare—now the common resort of horses, cows, hogs, dogs and dirty children from the streets.
“Sadly I turned away from a scene of wrong and desecration to pity the moral condition of the hearts that could meditate and the hands that could perpetrate such sacrilegious injustice. What right have the Northern Methodists to this property? Did they build it? buy it? pay for it? or even give one dollar toward paying for it? What claim do they set up? What show of right? If there be a higher law than civil law—if there be another standard of moral justice and right than the inspired gospel which they pretend to preach and practice—then they may have some show of claim; not without.
“For nearly twenty years that property has been held by trustees, regularly appointed, for the use and benefit of the M. E. Church, South, and no one questioned their legal right or sought to disturb their peaceable possession.
“But during the reign of terror, in 1862, ’63 and ’64, under which so many people in Jackson county lost their lives, and so many more their property, and under the oft-reiterated threats of Northern Methodists and their hirelings, with no inconsiderable military pressure, this property passed out of our hands without the formalities and fogyism of bargain and sale, or legal transfer of title.
“* * * When the war closed, and President Johnson had ordered the return of the property taken from us in the South under the notorious Stanton-Ames order, the trustees of our church made a civil demand for the restoration of this property also, which was refused by these loyal (?) property-lovers.
“The ladies, believing that they had the first and best right to the property, and chagrined at this refusal, entered the church one day with their knitting and sewing, to the number of thirty, and disposed of themselves in a peaceable, quiet, orderly way, to spend the day in the house of worship built and paid for by their husbands, fathers and brothers. The Northern Methodist preacher, soon apprised of the fact, hastened to a civil magistrate and made affidavit that these ladies were ‘disturbing the peace,’ procured a peace warrant and a constable and proceeded to the church, where he found these orderly ladies ‘assembled, neither with multitude or tumult,’ and had them arrested and dragged before the civil officer for trial. With all of their ‘false witnesses’ nothing was found in them ‘worthy of prison or of death,’ and after binding them over to keep the peace they were released.
“* * * President Johnson was applied to personally for the restoration of this property to its rightful owners, as it had been taken under military authority and order. He referred the matter to General Pope, commanding the Department. Gen. Pope put the case, with instructions, in the hands of a subordinate officer, and he buried it so deep in his pocket that it never came to light afterward.”
These are only some of the circumstances that seem necessary to develop the whole transaction, but they must suffice. The case is on record, with many others of like character, to go down to posterity as a part of the history made during those dark days. The Northern Methodist papers have repeatedly denied that their Church ever seized, held or appropriated the property of the M. E. Church, South. One more fact will be a positive confirmation of their appropriation of this property. It is this:
In the official statistics of the “Missouri and Arkansas Annual Conference of the Methodist Episcopal Church for 1865” this church and parsonage are reported and valued, the church at $17,000 and the parsonage at $3,000. The same property is again reported in the statistics for 1866; and then, without any note of explanation, disappears from the annual statistical report of Church property in Missouri.
To show that this action, with all similar efforts to gain possession of the property of others, was encouraged and sanctioned by the Church in Missouri, and was only a part of their programme of Church extension, in the minutes of the “Missouri and Arkansas Annual Conference” for 1865 the following record is made:
“The following resolution was read and referred to the Committee on the State of the Church:
“Resolved, That the preachers of the Conference be, and they are hereby, requested to take all necessary steps in order to repossess the Church property belonging to the Methodist Episcopal Church in Missouri.”
That the above committee did most fully meet the intent of that resolution the report which was unanimously adopted will show. It is as follows:
“Your committee beg to record our devout gratitude to the great Head of the Church for the rich and glorious manifestations of his power in the extension of his kingdom within the bounds of the Conference. At such a time and in such an age as this every friend of the truth and every lover of extension should be vigilant and hopeful, and more especially as the ministers and members of the ever loyal Methodist Episcopal Church of the United States, to whom are constantly presenting new and extensive fields of extension, labors and usefulness. Advantages of no ordinary character are presented at this time. The action of the Missouri State Convention, by bill of rights, secures to any loyal trustee or trustees the right to control any church or educational property by application to the Circuit Court for the appointment of such other trustees of recognized and established loyalty; and we deem it proper to direct the attention of the ministers of the Conference to the fact that much of such property now held in this State is under the control of the disloyal and treasonable, property which was originally deeded to the Methodist Episcopal Church of the United States, and we advise our ministers that, whenever practicable, immediate steps be taken to possess and retain the same according to the forms of law secured by Bill of Rights. It further appears to your committee as of great importance, in the present state of the Church, that all persons of undoubted and established loyalty and holding the Methodist doctrine should, as far as possible, be in communion with us, that we may strive together for the advancement of our common cause in the earth. In view of these facts it is hereby
“Resolved, 1. That a committee of five be appointed whose duty it shall be to draw up a brief address to the ministers and members of the M. E. Church, South, inviting to unite with our Church all who are truly loyal to the Government of the United States, as a common government over all the United States, as recognized in its constitution and laws, and assuring them of an affectionate and hearty welcome to this fold.
“Resolved 2, That the ministers of this Conference are hereby requested to take all necessary steps in order to re-obtain possession of the Church property belonging to the Methodist Episcopal Church in Missouri, agreeable to the provisions of the Bill of Rights enacted by the Missouri State Convention.”
Let it be observed that the same State Convention that adopted the New Constitution with its notorious “Test Oath” ordained also the “Bill of Rights,” over which the Conference indulged such extravagant gratulations.
How many Northern Methodist ministers and members were in that State Convention, and how far that Church influenced the action of the Convention, and how far the said action was intended by its authors to restrict the liberty and expose to persecution the persons of Southern Methodist ministers and affect the property of the M. E. Church, South, in this State, others may determine from the facts upon record.
Many things are yet to be revealed upon the subject, and the fact can not be escaped that the plan of persecution was well settled, thoroughly digested, well understood and embraced this church-appropriating or church-stealing business, under military orders and State Convention ordinances.
CHAPTER XII.
CHURCH SEIZURES—CONTINUED.
Church at Lexington—Suit Brought for it by the Methodist Church—Statement of Mr. Sawyer—Suit Dismissed—Salem, Arrow Rock, California and other Churches—Lagrange Church History—How the Church North Borrowed and then Seized it—Notice Served—Colonel W. M. Redding the “Faithful Guardian”—Rev. W. C. Stewart—Christian Charity—What a Southern Methodist Says—Central Advocate—Mr. Stewart’s “Honor” Transmitted—Suit for Possession—Arbitration—Louisiana Church—Its History and how it was Seized—Civil Courts and Church Trustees—Names Forged—Counter Petition—Decision of Court of Common Pleas—Supreme Court of Missouri—History of the Case—Opinion of the Supreme Court—S. S. Allen, Esq., on Church and State—Rulings of the Court—The Case Reversed—Efforts to Compromise—Five Years’ Possession—Reported in Church Statistics—Supplement—Able Argument of Smith S. Allen, Esq.