The New York herald., 1845-09-30

shop is, as it were, disabled by sickness. Ii :
you can provide method Of relief He oancal in Il
aid OF another Bishop II he is disabled permanently
sickness or inhrmity, the Convention is called upsn
provide an assistant But there is princpleno la,
by which the standing committee can come IL and tai
possession OF the functions of the Bishop while he live
Will you tell me If man has chains his hands th
that is a disabty-or that one who is locked up in
dungeon, is so TO be describedl II may be d.sabil.
by necessity but are we TO proclaim the revolu,iona
doctrines Of necessity in this Church, Arc TO Sc
that because there has been necessity for interference
to adopt and perpetuate lit put IL TO this Co
vention whether any man can do rightly an unu
thing2 Mr. President, we must meet the question Eth
the living diocesan is our diocesan or not II he is
disability can allow the standing committee TO assun
his powers. The case of disability is provided for; II,
diocesan may obtain aid from those competent; but
he is so disabled as to be incompetent, this Conven
can give us assistant The gentleman says the stran
Bishop has no right to come; but we have right
him to come totally demur to that doctrine II Is
much as te say q man has not right to do an UNI III
thing but have right to ask him TO do it. affirm III
proposition distinctly that the diocese 10 without
Bishop; and conclude that the standing committee M
sesses the necessary powers Of administration III
gentleman from the Church Of the Annuncation. tel
us that the manifesto Of the committee to the effect
they had no such power was sufficient to save the|
from the exercise Of It, On the contrary think
makes its exercise more imperative on them. Let
clme to the simple language 81 the canon; they are
that foundation; and tell you so long ss I'll
foundatioa lasts viii consent to the erection Of no
flee but omit Ifthe diocese is vacant the standing
nttee has full power now; if they do not understand
to DO vacant the Convention can give them no power
the duties Of the diocese DR.. Tyngs further oosI
vaiions were to the same purpose
Kew, MIR. RICHMOND arose and recommended that N
Standing Committee be allowed 60 in the full Il
ercse oi their powers and be also moved the follow
amendment 70 the first amendment Of the Resoluti
under debate viz striking out the words absenI
from Diocese" aud inserting the word "orn before
ability, thus making it read in of vacancy Ia
Episcopate Of the inability disability Of the Bisho
he had right their part to admit Of the prepos
amendment but that individually he had sort of d
lection, and the amendment was accordingly passed
DR.. McVIcKAR said that the question was now mere
one of consistency. By an unanimous vote on Saturd
they had justified the Standing Committee in what tn
had doae, and that they now proceeded to make th
correspond with the spirit and letter Of the la
and no would submit whether any other question
arisen which the General Cons enton had not provd
for i there are we must provide for tnsmi nm, ana
brought forward.
Mr. DuER said that he had first supposed sas
ment to carry out the doctmDs Of tss Convecsi
that they had Alright to pass il undoubtsd Tho
now declares that whom required the Standing Conn
tee had all powers of this kndbnt IN passing this arne
ment it would be virtual giving mp OF tAe whole sta
taken by the Convention, and moreover he opposed
the single ground that it was unnecessary.
Mr.. JAW said that he had no conscientious scrup
about technicaltes; he waved them all on the int
est of the Church. and he could vote for this resolut
without any doubt whatever He would MT sacrii
the Church to the strctness OF canon law.
A MEMBER said that he did not feel that awe Of
that clergymen did he would go for any measure
clear morality and should chserfully vote for the
luton.
Rev. Mr.. HAIoHr.-When the clause passed on Sat
day. by which tho calling in the aid OF other Bish
was justified he was surprised at his being the only
alive vote He had not anticipated the ccnmieee vo
against themselves, but he did expect from seme Of
laity declaration that the action OF the Standing Cs
mittee was not justified. He was for law and ordsr
would obey the laws of the Church, but SO long as
have a body competent to enact and doclars laws i
question so nice as this, he would not 60 by any tn
else tan strict law M the present law Is wrong, let
altered till then expediency must not take the place
Interpretation Of canons. The question Is, is this
cese destitute of Bishop or is it not? think not
is, the action then is lega if otherwise It is iiiet
You cannot get out OF this dilemma, and would
against the amendment.
Mr. SILL said that they might pass all the resout
they pleased, but whom the question comes up wnst
we have a bishop or not, It all falls to the Erou
Though he had but lowly seat in this assembly
would speak as clearly as he could; he had spent m'
thought on this subject and had no opinion Of hasty
gislation. The canons of the church meant what Il
said, and this is subject must be settled before
did any thing else On the dsathiof Bishop Hobart,
convention elected Bishop Onderdonk what were
conditions? That majority of the convention and bsh
consented Did they not consent He received the al
tolc trust and he has retained it. The Court o! Bsh
has deposed him, and what right have to take
trust from them The moment we begin to read ca
and interpret it to mean what does not in what
place ourselves Has il come to this, that the
vention of New York is the first to say that
what they do notl cannot believe it.. The bishsp
tans the trust the committee never have claimed
return OF it. There has been much suffering talked
existing in this diocese; there is not much suerin
there is shame and modification One thing must
settled, bishop bishop; and he thinks
way he has shown there is one in existence.
Rev. Mr. MEAp wished the Chair to allow tho gues
to be taken the 9TH resolution all the debate
on that.
JoHS q. SPENCER said the principles were totally
tinct Surely tho Committee had some credit for
common sense, and he did not expect such nonsense
be put in their mouths. He said the debate gon
very properly.
Rev. CHARLrs JONES said that the present case
analogou to that OF monarch whose insanity reqn
council of regency disqualification OF another
had fallen upon the Bishop aud tho ment prop!
for the pu rpose of allowing the Convention to
due provision, and he trusted the resolution would
vail
Rev. Mr.. VIrroS felt that this amendment was es
TALLY wrong The point is whether we nave autho
Committee have not the authority; If there is not,
had intruded themselves into the Office TINS ia
state otthe case to plain mind unframed to the
ties oflaw (Laughter) By the stand taken by
Committee there IS no vacancy, and yet a constrac
one. A parallel case had been stated in the civil
that il Sheriff were imprisoned the Coroner could
ior him. Did the law say that if Sheriff were impn
cd, the Coroner could act for himi The Revised Stat
had made specific arrangements for the matter, and
Convention In like manner should await the action
supreme authority, until had made speci6c law
the -ubJect. Ihe Bishop and Church oil Christ ars
Ha lAened 1t TO a marriage contract, when there
divorce like is anl when parties have no csnne ct
aocs the wife become femme sole. Would gentlsr
IKE their wives under such situations to be eonsid,
single We are bound by the canon and must refer
supreme authority. lie animaavcrted with much T,
On the manifesto the Standing Committee. They
say that the sentence Of the court invalid,
most that Il only operative until the rising Of
court. Having declared this to be true without sn
ing the law of the case, they secondly dcc that
are the proper Episcopal authorities, n0s eno
their former decision, and then, lastly, call il
this same Bishop, who they first said Bishoi
terwards not Bshep. He hoped the Convention Wo
reconsider their vote approving the Of the ST
ing Committee Is canoncal, and that this amendmsr
the canon would not pass.
Rev. MIR. WALTON thought that much confusion
arisen and in order to avoid that wished to pass -
to avoid all future difficulties. This Convention
undoubtedly both the power and the right to pass
canon. II the General Convention chose. to pass
subsequently, ours would have TO give way.
Mr.. SPENCER said that ia TINS question the extreme
opinion had to be met Ga "a III tLtv the Biz
is in existence, on tho other IL il said t,pl
absolute vacancy To suit thus state Of tbiaSs, q
adopt medium ofgreat discru,inetea, AID this aad
ne thought lay in adopting those resslaiiosS 10 =
who think the Bishop is here " say ia Law and fact
is. There is civil law hero 70 eipouud lie - here
iayman and seeks not TO eXPonni the hoi, .criptu
bat has light a member To look at the Constitu.
Of this Discese, and in doing this, mean TO sa,
Bishop Onderdonk is Bishop although disqualified;
here is the pith Of the matter, ii we can explain tho
terence between disqualification and vscancy-we
therc may be Bishop, and that that Bishop nsy bs
qualified. In the case OF sheriff who Is elected by
there are certain in which they disqnsiihe
act such where thsii interests involved rela