Posts tagged Constantinople
The Dionisije Conundrum and why deference doesn’t work
I’m assuming, in this short article, that you’ve read about Serbian Diocese v. Milivojevich. But for those who haven’t: the Serbian Holy Assembly deposed Bishop Dionisije Milivojevich, and Illinois courts basically overruled the deposition on the grounds that the Holy Assembly hadn’t followed its own rules. The US Supreme Court reversed the judgment, holding that secular courts must defer to the decisions of higher church authorities in hierarchical churches. Even if the Holy Assembly doesn’t follow its own rules, because it’s the highest authority in the Serbian Church, its decisions are binding on US courts.
In dissent, Justice Rehnquist pointed out the problems with this approach. For instance, what if a group of Holy Assembly members — but not enough to constitute a quorum for an official meeting — got together and voted to depose a bishop? Would the US courts have to defer to this decision, even though according to the Serbian Church’s own rules, the group of bishops wasn’t enough to constitute the Holy Assembly? According to Rehinquist, you can’t just toss out the church rules and “rubber-stamp” decisions simply because they’re on religious letterhead.
After analyzing that case, I learned that Bishop Dionisije had appealed to the Ecumenical Patriarch, who rejected the appeal and supported the decision of the Holy Assembly. But this raised another question — what if the Ecumenical Patriarch had done the opposite? What if he had, instead, reversed the Holy Assembly decision? And if the Holy Assembly rejected the EP’s reversal, leading to two competing groups in America: one pointing to the Holy Assembly decision, the other to the EP?
This is what I’ve taken to calling the Dionisije Conundrum. According to one interpretation, Canon 17 of Chalcedon grants to the Ecumenical Patriarch the right to hear appeals. Others claim that the EP has no such prerogative. In my hypothetical, to use the deference approach, the secular court would first have to decide what Canon 17 means. Think about what that would involve. The court would have to hear testimony from canonists and historians, weigh competing interpretations, and decide which interpretation would be enshrined as law by the court. All of that would deeply involve the court in a religious matter, but that involvement would be a necessary prerequisite for the court to use the deference approach. If you’re going to defer to the highest authority, you first have to figure out who actually is the highest authority.
There is no easy answer to the Dionisije Conundrum. The only alternative, for the court, would be to refuse to hear the case altogether — to tell the two sides that they’ll have to fight it out themselves, without involvement from the civil authorities. In other words, if the court rejects its role as arbiter, it must accept the likelihood that the parties will take matters into their own hands. It should be clear that this isn’t an acceptable approach. We can’t have rival factions of a church physically battling for control of property. That’s the whole point of having a judicial system — to decide between the parties in as unbiased a manner as possible, and for that decision to be final and enforceable.
I keep coming back to the same idea — that civil court involvement in religious matters, at least in Orthodoxy, is inevitable and unavoidable. The judgments of these courts will not always be in the best interests of Orthodoxy, and we certainly don’t want secular judges getting so involved in church affairs that they are effectively overruling legitimate church authorities. But for a secular court to determine whether a church authority acted legitimately — that is something we may need to accept. This determination will involve religious questions. It won’t fully take into account all the nuances of Orthodox ecclesiology. But at this stage, I just don’t see how it can be avoided.
This article was written by Matthew Namee.
St. Philaret of Moscow on Orthodoxy in America in 1865
Editor’s note: Last week, Nicholas Chapman introduced three documents he found in the National Archives in London, under the heading “The Russian Orthodox Church in America and Its Clergy in 1865.” Today, we present the first of these documents — a letter from His Holiness Philaret, Metropolitan of Moscow, to the Ober-Procurator of the Holy Synod of Russia, February 26, 1865. Nicholas Chapman explains, “The author of this document was Metropolitan Filaret (Drozdov) who served as Metropolitan of Moscow for from 1826-1867. Metropolitan Innocent, since canonized as the ‘Apostle to America,’ succeeded him.” This draft translation has been provided by Matushka Marie Meyendorff.
One final note: St. Philaret makes reference to a Christmas liturgy celebrated by Honcharenko in New York. This appears to have been the first Orthodox liturgy in the history of New York City (or, for that matter, the first known liturgy in the eastern United States). It is earlier than the better-known liturgy celebrated by Honcharenko a couple of months later (and discussed here and here).
When the American spiritual leaders first showed the desire to have an Orthodox Church in America it seemed necessary for California but not for New York. Now a new outlook appears.
Already a priest has received from the Holy Church of Constantinople the antimens and the Holy Chrism. He has arrived in America and on the day of the birth of Christ performed there the first Orthodox liturgy from the time of the discovery of America. Then he performed the baptism of eight Slavs and two Russians. He writes, “I found there seven thousand Slavs, three thousand Greeks and three thousand Russians, without a Pastor.” If this is true, it is a strong reason to have in America a Russian Orthodox Church.
We are attaching to this a copy of the letter of Agapius Honcharenko written to the Editor of the newspaper “Orthodox Overview.” Won’t you take the decision if something should be done about this situation?
The Sorcerer on the Golden Horn

The following is a translation from the French of the article “Un Conquete du Patriarcat Oecumenique,” from Échos d’Orient, Volume 11, 1908, concerning Fr. Raphael (Robert Josias) Morgan, the first black Orthodox priest in America. The article uses his middle name “Josias.”
The translation was done using Google Translate with a little cleaning afterward. A few pf the phrases made sense neither to Google nor to me, but I tried my best with my rudimentary French. Corrections are welcome. This article was originally spotted by Matthew Namee.
A CONQUEST OF THE ECUMENICAL PATRIARCHATE The Church of Constantinople recorded last summer a resounding conquest, which has made local headlines for days in the newspapers and halls of the capital. An American clergyman, a native of the English Antilles [the West Indies], a negro of the finest black, the Reverend Robert Morgan, after a few weeks of living on the shores of the Golden Horn, has had the singular grace of seeing the light of Tabor and being admitted into Orthodoxy. His [prior] baptism worthless, like all unbelievers who live outside the Orthodox Church, the said negro, a robust fellow of about thirty-five years, was plunged three times from head to toe in the font of purification, and came out white, one of the flock of the great Church of Christ. After which, the neophyte, wishing to obtain the sacred order of priesthood that he was only supposed to have before, was ordained priest by Mgr. Joachim Phouropolos, a Metropolitan expelled from Monastir [present day Bitola, FYROM - edited thanks to comment!], who recited the prayers of the Pontifical in English. Since then, the ex-Reverend Morgan, now become Father Josias Morgan, said Mass in the Byzantine rite in the English language [emphasis in original].
This is how this this actually happened. It is understandable that this is of public interest in Constantinople, which really lacks entertainment.
I saw Father Josias, and one summer morning I mounted with him the green and sunny shores of the Bosphorus. At the pier of the Chirket, with the wide sleeves of his rasso, in his kamilafki all brand new, and with his booming voice, he attracted the attention of all, to the delight of the Greeks, proud of their booty, and to the great amusement of young Ottoman officers accustomed to seeing people of color in the company of Turkish women. Having gone to see an Englishman of my acquaintance, I told him of my meeting. I now literally transcribe the brief dialogue that ensued between us:
- “M. G…, I saw this morning, one of your compatriots.”
- “Where was this?”
- “On the boat Chirket.”
- “Where is he from?”
- “I think he is from Jamaica.”
- “Introduce him to me, so I may make his acquaintance,” said my friend who has long lived in this island.
- “I will do so, but I must warn you that he is a negro.”
- “Oh! Well, don’t introduce me.”
- “I should add he became a Greek priest.”
- “A Greek priest! You are confused and this must be a sorcerer.”
- “I’ve never seen a negro sorcerer, but I know enough of the dress of Orthodox priests such that there is no error on my part.”
- “You’re right, after all; this does not surprise me.”
- “What! I am surprised by this very much.”
- “The negroes are very religious.”
- “Really?”
- “Indeed, yes, they have so much religion that they change it every week.”
My friend was wrong. Many weeks have passed since our conversation, and Father Josias remained faithful to the Orthodox Church. He left Constantinople for Philadelphia in the United States in the first days of November, carrying 28 Turkish lira (a lira is worth about 23 francs) which was given by the holy synod for his travel expenses.
What will he do in his country? Certainly, [he will] found an Orthodox church of negroes. But what else? That’s what we know, and in fact, the first goal was good enough [et d'ailleurs le premier but suffit - edited thanks to Facebook comment!]. It seems, however, that the Reverend Morgan had intended, embracing Orthodoxy, to be consecrated bishop. The Holy Synod declined, and I think it was wrong. The ordination of a bishop of color would have rendered invaluable services.
Firstly, being an American and a member of the Ecumenical Patriarchate, said Morgan would have exercised jurisdiction over all the Greeks settled in America. Hence a great advantage would be obtained by the Phanar over the Church of Athens. At the same time, the latter took their revenge. Indeed, if the Greeks of America continue to ask for a bishop, they will want a white [one], of course. They are a people of such a taste and wit as never to accept a negro bishop, even were he the eunuch of Queen Candace [of Ethiopia]. From the day they would have imposed Morgan as Bishop on them, they would have returned to the motherland; which contrasts with Athens on the question of emigration, which furnished to Cabinet Theotokis ten thousand conscripts who lack the necessary annual [pay] [et fournissait au Cabinet Theotokis les dix mille conscrits nécessaires qui lui manquent annuellement].
It is really unfortunate that the Church of Constantinople had not thought of all these advantages and has left the negro Morgan unconsecrated as bishop.
Update: It should be noted that the posting of this historical article should in no way be construed as an endorsement of the opinions expressed therein.

