The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-27
The General Episcopal Convention-IIouse Of
Delegates.
TUEspAY-RIGHTEENTH DAY.
h. al xaralix. q. ioaa


| Rev DR. HsNRy Mason moved resolution Of refe
renee to committee the Prayer Book In regard to
making certain alterations in in the Prayer
Book which was agreed to.
MIR JoNrs then addressed the house. in conformity
with previous arrangement. He sad;-After so long
debate the question before the house and such
able discussion OF the merits Of every part Of the resou
ton which was aow pending he could not hope to
throw much If any, additional light upon the subject
Yet be could not be satisfied considering the agency
he in portions of the matter which had been
brought before them, to remain entirely slent-wh-
hodipg from the house the expression OF the
views which he entertained in relation the subject
t his purpose TO enter fully into the discussion
Neither the time Of the house his strength Of
voice would justify it. lie would notice Of the
prominent subjects which had been brought be
fore them especially tho two three points in
which he had had some personal sgency The
question now Immediately before the house he un-
derstood was upon the resolution the two
offered by the gentleman from Pa the giving
purporting to give to the diocese Of New York and
this convention the privilege of applying to the House
Bishops for the restoration of the suspended bishop
the other yestng them far the power Of this house
could with the power to proceed without the concur
renee Of the bishops, 60 new election These resou
tons proceeded, 1t would be seen directly upon the
other foundation Rightly therefore 1t appeared
him. msuy, indeed most of those gentlemen who had
discussed the question had construed involving the
point and the point only as the essential
the and the question before the house
whether the diocese OF New York Is vacant or whe
Their Is filled by suspended bishop The answer
that question found In the solution of another
viz What is the effect of suspension upon the Office OF
bishop? Had 1t removed the bishop from the office,
and made the diocese vacant that the convention OF
the diocese might proceed to the election Of another
bishop had suspended him the exercise of the
duties and powers OF his once but nevertheless left
him thus suspended in the actual possession of the Of
ace3 Early Ia the controversy he confessed his mind
10 the full conclusion that the only legal canonica
effect OF the sentence OF suspension did not destroy the
tenure Of the Office vacate the diocese and, more:
over that sentence with no Limitation Of time, could
not, under tho canons Of this church, BIZ valid
sentence Judge Jones then proceeded to give
tive Of the action Of the standing COMMITTEES Of this do
cese, under the state of things produced by the trial
and of the Bench of Bishops That committee
| taI bad dpnx ,to H,t,
the diocese were. Would it be proper they asked to
consult him on what was to be done They found
Of one of the Universities This contest decided by
the highest ecclesiastical authority to be necessary to
The committee did apply to the diocesan and far
he could give he did with reference to the pro-
visonal supply of the diocese This much for the vnd
cation Of the docese from the charge OF uming too
much power. If an errcr it error Of judgment
Whether wrong not 1t kept the church in the high
est state OF prosperity and warded of impending evils
| No idea ever further from my mind, the rest
that this diocese is vacant We acted on the exact
converse of that idea, throughout. They believed
| from the best advice, that the sentence from It's
ndefnitiveness, was invalid; and they said so to
the Convention, and that the Bishop still the
bishop They believed thought the diocese
cant. Had they, they would have made very differ
emit application and asked for the election of a bishop
He surprised. therefore, to hear member say here
that the diocese, by the standing committee had ad
mitted hst was vacant Was the diocese vacant, or
1t filed by the suspended bishop! The character
and nature of suspension had been already enquired in
TO- The under which the court acted prescribed
|
AdTonition degradation appear be we'll defined
easily understood he must confess that suspen
sion had always seemed to him to be comprehensive
temporary incapacty to exercise the functions
of the Office he held, till permitted 1t was middle de-
that wss DEPOSITION or could BE-
did not void jurisdiction he argued The second section
proceeded the assumption that it did not void juris
diction-that the bishop did not vacate his office.
| MIR. WIsLIAMs maize a brief explanation where
upon,
Rev Dr. JARVIS repeated his recollections the sub
ject.
Mr. HuSrrscroS begged leave to make statement
from his personal knowledge Of the subject He
the committee, and knew that the canon to the
committee down from the house of bishops
and the opinion was against on tn ground
that if the Suspension voded jurisdiction it might
inmate, and then they would have two bishops which
contrary the usges Of their church He said to
the convention at the time that they could not
the word unless they supplied the word "perpetual
The remark that they would have two bishops in
that This he stated not from recollection merely
but from notes which he took at the time.
Rev. Mr. HAWKS said that he concurred with the
view OF the gentleman from Connecticut, entirely.
Mr. WHARToN said that as the learned and venerable
gentleman from New York had been 30 much interrupt
ed he would postpone the order of the day till
o'clock allow the gentleman to conclude his remarks
The question being taken several voices heard In
hat the to s1 thu
Mr.. JoSrs proceeded. How he asked, could the
court understood to the thing by suspen
sion and by deposition which they negatved by their
vote 1t seemed to him impossible that they could i'm
pute to them thst they intended by the vote OF
fused by vote to pass upon the bishop He quoted the
canon to prove that suspension was unlike deposition
because 1t was less onerous suspended bishop could
be restored deposed bishop His only hope
pardonsn interpositon of mercy in favor of the
cupr according to the usages of law but of grace
In reference to the character of suspension they could
not change it. unless there existed in the sentence
reservation in favor bishop But it said that
the diocese Of New York expressed the opinion that
the did void jurisdiction The gentleman re-
rred to this part report as showing the OF
the diocese New York The report stated that there
could election of another bishop unless the diocese
was vacant In that opinion he concurred Could 1t be
inferred that the gentlemen who made the report (of
which he was one to express the opinion that
| the diocese vacant? The recommendation was,
ad Interim 1t never did accord with his views but
nevertheless he gave it his santion But several gem
temen had referred to case in the Court Of Errors OF
the State of New York in order to decide that suspen
sion did the bishop presbyter from his Office
He had the honor, at the time this decision was
made to be one OF the members OF That court
From his position the part he took In that affair,
he thought gentlemen would admit that he had
opportunity to understand the case The minister OF
the Dutcn church the Rev Mr. Bradford had INDUCED
in vicious and criminal conduct and had been Suspend
ed by the Chassis of Albany He brought to trial
| under the accusation, ana was found guilty He ap
pealed from their decision and that decision
irrned He afterwards made appeal to the General
SYNOD. when the decision again confirmed 1t would
be seen then that between the time Of his fret
aud time Of FINAL adjudication there was Gu IN
his salary during that interval that suit was brought
in the supreme Court majority of that Court gave
their opinion in favor OF the plaintiff, ana IL
was on the appeal from that decision that the
Court reversed the decision The reversion
put upon the ground that was an aouon Oh con
tract They held this minister did not perform
his service he could not recover his salary 1t wal
etropgy urged the other SIDE that 1t was enough to
show readiness willingness, to perform the service
The court said The duties of the office must be &C.
tually performed by the person claiming salary.
majority of the court declared that the minister aud his
congregation not dissolved This case, continued
Mr. Jones, was clear that If Bishop Onderdonk had
been acting with agreement with the vestry
part of them and he had stipulated in that covenan
that he would perform certain service he was bound
to do 1t before he could recover his salary. But he
hopa flenlen wi bea
In mind that hs the decision Of Court Of Errors
against the Supreme Court of the United States court
which had since been abolished by the State Of New
York.
MIR EVANS said he had different impressions with
gard the As he had first introduced it. in the
course his previous day he begged leave
to state his impression OF it. He concurred with