Church in Boonville.
The church in Boonville is one of the oldest and most honored houses of worship in the State. Far back in the history of Methodism in Missouri the Church in Boonville became quite a center of religious influence and power in the rich and fast-filling counties south of the Missouri river and near the geographical center of the State. It was for many years a strong base of operations for the hardy moral pioneers who first penetrated that part of the State, planted the first standard of Christianity and laid broad and deep the foundations of Methodism in the wilderness made famous by the exploits of the illustrious hunter and pioneer, Daniel Boone.
Bishops and other distinguished men of the Church have stood in its pulpit and preached life and salvation to the multitudes. Conferences have been held, and ministers ordained, and sacraments administered in its sacred walls, and for long years it had been a solid, substantial station, supporting some of the finest talent in the pulpit. No one ever thought of disturbing the rights of property. Before the division in 1844 it belonged to the M. E. Church. After that event, to the M. E. Church, South; and for over twenty years the latter had been in undisturbed possession. If the M. E. Church, North, had an organization in Boonville at all before the war, it was very feeble, and never set up any show of claim to the old church until after the war had come and gone.
In February, 1866, a Rev. J. N. Pierce, of the M. E. Church, North, obtained an order from the County Court of Cooper county putting him in possession of the church in Boonville. The first notice or information the Trustees of the M. E. Church, South, had of the proceedings was a demand upon them for the key of the church by said Pierce, by the authority of the order of the County Court. The trustees promptly refused to give up the key, and denied the jurisdiction of the County Court over such matters. But Mr. Pierce was not to be defeated in that way. He soon obtained skillful and corrupt help, went to the church, forced an entrance, removed the lock, put on a new one and took formal possession in the name of his Church.
The following account of the affair was furnished at the time for the St. Louis Christian Advocate by one who subscribed himself “An Honest Looker on,” and who was fully endorsed by the editor:
“Mr. Editor: It affords the people of this community pleasure to hear from other quarters: perhaps others would be equally interested to hear from us. I write more especially for the Church which I believe your paper represents.
“The pastor of the Southern Methodist Church, appointed by the last session of the Annual Conference, took charge of his congregation a few weeks ago. He had not been here more than two or three weeks before he and his congregation were turned out of doors by the Methodist Episcopal preacher in this city. First, under pretense of an order from the County Court, he demanded the key, with all the authority usually exhibited by his class on such occasions. Failing in this, he secured the co-operation of a few kindred spirits, and having secured the services of one skilled in such matters, proceeded to the church about the going down of the sun, effected an entrance, removed the locks, replaced them with new ones, and took possession in the name of the Lord. It was not the last of the old year, but it is said they kept watch-night, it being, as they supposed, the last of the old church. Whether their devotions kept pace with their watchfulness we are not informed. We are told that they affected an exercise of the sort, at least for a time. Meanwhile, in strict conformity to the Scriptures, they watched, also having their sentries, armed it is supposed, stationed at the door; and, not knowing at what hour the thief would come, they watched, it is said, until the morning. If they expected any interference from the owners and former occupants, they have yet to learn that it will not do in every case to judge others by themselves. No Judas came to betray the Master, with his disciples, into the hands of the chief rulers, for it is said that some of the latter joined that night the worshipers and watchers. For the first time in many years their hearts inclined them to go to the house of prayer.
“The eyes of the community have since regarded some of these with peculiar solicitude, looking for further indications of a continued and growing concern; but the proverb is verified: ‘The dog is returned to his vomit again, and the sow that was washed to her wallowing.’ Alas for Ephraim! his goodness was transient as the morning cloud and early dew.
“The day of their calamity did not overtake the poor Southern Methodists unprepared. They were found with their lamps trimmed and oil in their vessels. There was a good supply of fuel, also, properly prepared; carpets, Sunday school library, etc. The house itself they found swept and garnished. The ladies, only a day or two before, had given it a thorough cleansing. Poor souls! their labor was not in vain in the Lord. * * * *
“Southern Methodism in this city, though cast down, has not been destroyed. Sister churches felt and manifested sympathy. The Presbyterians kindly offered the use of their church on the following Sabbath, and a gentleman, who makes no pretensions to religion, generously tendered the use of a hall, which at present they occupy. The varied character of the seats—chairs, boxes, rough planks, old sofas, etc., might excite a smile, but, under the circumstances, they are regarded as very comfortable. The attendance on the services of the sanctuary has doubled since this wholesale excommunication. The same is true of the Sabbath School; and on every hand there are manifestations of increasing interest. The Church is said to manifest a very good state of feeling, exhibiting very little of that bitterness and malice which such injuries are apt to engender. They forgive and commit their cause to the Lord, exhibiting much of that ‘charity that suffereth long and is kind.’
“A writ prohibiting the interference of the Methodist Episcopal Church with the property and rights of the Southern Methodists was granted by proper authority and sustained by the Circuit Court last week. The former occupants patiently wait for the officers of the law to execute their trusts. When this shall be done you may expect to hear from us again.
“An Honest Looker On.
“Boonville, March 10, 1866.”
The Circuit Court granted a writ of prohibition, and the defendant, J. N. Pierce, appealed to the Supreme Court, and made a motion by his attorney that all proceedings be stayed till the decision of the Supreme Court could be had, which would leave him in possession of the Church until the slow ploddings of law could be made. The court would not grant his motion, but ordered a writ of restitution to issue instanter, to which defendant excepted.
The legal history of the case can better be seen in the “Missouri reports,” vol. 38, p. 296, a part of which may well be transferred to these pages.
“This case was commenced in the Cooper Circuit Court by filing a petition praying for a writ of prohibition to issue against the County Court and John N. Pierce, stating that the plaintiffs were trustees of the Methodist Episcopal Church, South, situate in the city of Boonville, on the south half of lot 238 on the plat of said city, and that they, as such trustees, were in the actual and rightful possession of said Church property, and that they and the persons under whom they claim have had the actual and adverse possession of said church for more than twenty years, claiming the same as the property of the Methodist Episcopal Church, South; and that the defendant, John N. Pierce, applied by petition to the County Court of Cooper county at the February term, 1866, and in said petition asked the said court to put him, the said Pierce, in possession of said church; and further stating in said petition that said County Court, or a majority of the members of said court, assumed to act on said petition, and did in fact entertain said petition, and made an order and caused the same to be entered upon its records, declaring in said order who are the owners and entitled to the possession of said church. The petition further stated that said court, in assuming to act on said petition, exceeded its powers; that said court had no jurisdiction over the subject matter in said petition, and praying a writ of prohibition to the said County Court and John N. Pierce to prohibit them from proceeding to enforce said order, &c.
“Upon this petition a writ of prohibition issued, returnable to the Circuit Court on the 19th day of February, 1866, and upon the return thereof the defendants moved to quash the writ of prohibition, which motion was overruled, and judgment was entered by the court making the writ of prohibition absolute, and ordering a return of said Church property to the plaintiffs. The court adjourned till the fourth Monday of May, 1866. Upon the fourth Monday of May, at a session of the Circuit Court, the defendants, by their attorney, filed and argued a motion to vacate and set aside the judgment. The motion was overruled, to which defendant excepted.
“The defendant, John N. Pierce, at the session of said court made and filed an affidavit and recognizance for an appeal to the Supreme Court, which was approved by said Circuit Court and an appeal allowed. The defendant, Pierce, then made a motion that all proceedings be stayed till the decision of the Supreme Court be had, which was refused by the court, and a writ of restitution was thereupon ordered to issue instanter, to which the defendant excepted.”
A portion of the opinion of the court throws additional light on the subject, and will be sufficient to place all the material facts in the case before the reader. For the questions of law involving the powers and jurisdiction of the courts respectively the reader is referred to the case as reported in “Missouri Reports,” vol. 38, pp. 296–302.—Howard et al. vs. Pierce.
“Holmes, Judge, delivered the opinion of the court. This was a writ of prohibition against the defendant, Pierce, and the Justices of the County Court of Cooper county, upon a suggestion, supported by affidavit, but without an exemplification of the record of the proceedings being filed therewith. The suggestion, or petition, contains but a very vague and imperfect statement of the facts, but we are enabled to gather from it that the defendant, Pierce, had filed a petition in the County Court praying to have the plaintiffs ejected from the possession of a lot of ground and a church building situated thereon, in the city of Boonville.
“The plaintiffs do not appear to have been made parties to the proceeding, whatever it may have been, and had no notice thereof; but it appears that the County Court proceeded to entertain jurisdiction of the matter, and made certain orders, the effect of which would be to put the petitioner in possession of the premises in question, ejecting the plaintiffs. This was certainly a very summary process of ejectment. We can only say that it is clear for one thing—that the County Court had not jurisdiction to entertain such proceeding.
“It was said in the argument that the title to the property was vested in the county, and that the defendant’s application was only to have the liberty of taking possession of the church; but nothing of all this appears on this record. So far as we can see by the record before us, the prohibition was properly granted.
“It further appears that, in the judgment which was entered, an additional order was made, upon facts made to appear to the court, directing the clerk to issue a writ of restitution to restore to the plaintiffs the possession of the premises which (we may infer) had been taken from them by virtue of the orders which had been made by the County Court in disobedience to the prohibition. We find no warrant in any authority for such a proceeding. The proper remedy for a contempt would seem to be an attachment, to be enforced by fine and imprisonment. The sheriff’s execution shows that he had made restitution by putting the plaintiffs in possession of the church from which they had been thus unlawfully ejected. The defendant, Pierce, moved to set aside the judgment, for the reason, among others, that this order of restitution was irregular, and his motion was overruled. The Justices of the County Court appear to have acquiesced in the action of the court below, and refused to join with the defendant, Pierce, in this appeal. * *
“We see no better way than to affirm the judgment, and it is accordingly affirmed.
“Judge Wagner concurs; Judge Lovelace absent.”
The following points should be noted in making up the public verdict upon the action of Mr. Pierce and the Church which he represents.
1. Mr. Pierce obtained from the County Court an order putting him in possession of the church upon a false plea—that the property belonged to the county—without notifying the trustees or any other parties, and without making them parties to the proceeding.
2. Mr. Pierce acted as his own sheriff, and executed the unlawful order of the court in an unlawful manner, by forcing an entrance to the church, removing the lock, substituting another, and, with a self-organized posse, guarded the church all night with arms in his hands and the order of the County Court in his pocket.
3. He tried to quash the writ of prohibition issued by the Circuit Court, failing in which he tried to stay its execution by his appeal to the Supreme Court until that decision could be had—to keep possession of the property and use it in the interest of his Church.
4. The M. E. Church, North, of which Mr. Pierce was a minister in good standing, indorsed the proceedings as a part of her policy—announced by her Conference—to get possession of the property of the M. E. Church, South.
5. The unlawful means used in this case was fully sanctioned, if not instigated, by the Rev. Mr. Haggerty, presiding elder of the district, who was present and aided in nearly all the proceedings in the church and in the courts.
6. The act has never been disavowed, disowned, disclaimed or condemned by any Bishop, Quarterly, Annual or General Conference of that Church; nor was Mr. Pierce’s character ever arrested in an Annual Conference for his conduct in this Boonville church affair.
The same may be affirmed of each and every instance of church seizure and appropriation in Missouri.
If they can escape the judgment of Conferences and Courts while party blood is still bounding and burning, they may not escape the just verdict of posterity after the passions have cooled down, and when the names and character of men will be judged by the history they have made and the shadows they have thrown forward upon the world.