The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-13
NEW YORK. WEDNESDAY MORNING, OCTOBER 49, Is47

Rev. Mr.; MEAD rose and said, that q resolution was
Rur1ss hn s me-. ~ %a;n nvai
that the house now sign them
The motion carried and the house proceeded to
sign the testimonials.
Judge CHAMBERS proposed q resolution which he says
has no other object than to change the time of meeting
OF the convention
Called to order as the documents OF the Bishop OF
Maine, elect, were about to be signed
, me ioiiowng.is copy OF Judge Chambers resolu-
Resolved That the committee on canons be requested
to consider the expediency Of an atera
ton of the constitution far 1t relates period
OF the year now provided for the trienna meetings
The signing of the certificate Bishop Burgess hay.
Ing been concluded,
The question on the adoption of Judge Chambers
resolution was then put and carried.
- MsMoRIAL FROM BISHOP oNDERpoNcK.
The chair stated that communication had been re-
ceived which, with the consent of the house would be
read.
The memorial with the endorsement thereon was then
The Bishop of New York respectfully requests the
Reverend President Of the House of Clerical and Law
Deputies, to lay the enclosed memorial before the
To the Bishops the Clergy and Laity Of the Protestant
Episcopal Church In the United States of qmerca IN
Generas Convsntion dsseM6ied the undersigned, the
Bishop OF the Diocese of Neto York. respectfully pre-
| SCENTS This memorial -
Its known to your honorable body that your memo
riast was the soth day Of June in the year is45
declared by Court Of Bishops organized under canon
Of the General Convention, holding its session in
the city OF New York to be suspended from all
Of episcopal and ministerial functions as appears by the
printed record of the proceedings court to which
rpd
bic body for the details of his trial by the said
ar%y that the then passed
that the prvatons and the suerings to which he
been and Is thereby subjected, are at variance with
the principles which lie at the foundation of rights
and liberties Of American citizens and with those
which, by the Protestant Reformation effected the
deiverance CT both clergy and lay from the tyranny
OF unjust and anomalous judicial proceedings
your memoriast appeals for relief to your venerable
authority OF the Church which has constituted it.
as well for remedy illegal proceedings had under the
supposed sanction Of Its laws as for providing just and
wholesome ecclesiastical legislation Without adverting
to other existing grounds for relief but specifying
which concerns the future as much the past, and
which the church and every bishop and minister the
church, as much as 1t does himself and which has equal
substance and validity in supposable state OF facts
as follows
Our canons clearly distinguish between uspension
and deposition The former therefore, cannot be Justly
regarded inflicted be rendered practically the
same with the latter In points In which, according the
established meaning Of words there between them an
essential difference Functions spowers rights per-
sonal or Official csnnot be destroyed by the law
the general convention of 1882 declares degraded
minister (or which the the same thing no
deposed MINISTRY shall be restored to the ministry
1t implies awful extremity of punis mt and suffer
ing particularly defined class of persons which no
man, body OF has, without
Inv, right to inhict on any other class persons
pension cannot deprive minister of claim to restora
ton except upon the principle which would subject the
| kind and degree Of judicial punishment without
straint of law, to the will and discretion of court.
Hence memoriast argues that there is power
appointed by law to terminate sentence Of suspension
rnd there general law regulating the term of
pension and such suspension, passed by any court
does not contain within itself provision for its
ton either for prescribed time prescribed condi-
tons it is passed contrary to law and equity least
Independently OF law either OF which must be consider
| Ia can
| not but be to tyranny and oppression.
Your memorislst therefore respectfully pleads that
under the manifold prvations and Affections Of lille
gal sentence passed upon him by court constituted
der the authority OF venerable body and that in
the absence Of any economically appointed courts APP
peas he has equitable claim upon the Supreme Coun
Gil OF the American Church. for redress of the grevous
injury and wrong thus done unto him.
In respectfully calling the attention Of your venerable
body to this subject your memoriast will not pretend
to Independence of the considerations connect
ed with himself Individually with his domestic and social
relations and with the happiness he has experienced in
many OF honest and cordial efforts to be faithful
and useful In the several grades Of the christian minis
try Still deeper however he trusts is the solicitude
with which the occasion fills for the of truth
and justice and for the christian reputation inte-
rests OF our portion Of the Church of Christ. Other
branches Of that church. and the world will now have
opportunity of judging of character Difference
to law and order and for equitable regard to the rights
liberties of all sorts and conditions of men In our
communion Nor in judging Of this will they forget
peculiar responsibility as q Protestant branch Of the
church. and one established amid the free institutions
public.
Your memoralist confidently trusts that he will be
understood to raise question respecting his Right
Reverend Brethren who pronounced sentence upon him.
excepting in regard to their Judgments These is we'll
known are often erroneous in entire consistency with
general intelligence and with purity and uprghtness Of
motive and intent The question OF the legality equi
ty, OF judicial proceedings and decisions he regards
the sacred right Of every Christian reeman-whch,
when exercised respectfully and courteously cannot be
Justly impeached on the ground of Of its personal
relations or bearings Its exercise in the present in
stance, your memoriast regards Indispensable
qurernent of conscientious Of what just and
right. It is duty in the honest discharge of which in
the fear OF God he throws himself upon the Christian
principles and feeling, Of your venerable body
That in this and all other matters that may be-
fore you may be guarded by the Holy Spirit Of wis
dom, understanding counsel and the fear OF God your
@'m0r'a''' as'0a''y pfA'f BENZ. T. oNpEnpoNK
New York, October IL, isa7
The reading of the memorial having been concluded
DR.. FORBES moved that 1t be referred to the joint
committee already appointed to take into
the memorial from the diocese of New Yorkwhich was
The diocese Of wisconsin presented a certificate of
the election OF Bishop kemper, hitherto missionary
| bishop to DO the regular bishop Of that diocese
DR. HAWKS thought 1t important to ascertain whether
DR.: Kemper had resigned his station as missionary
bishop He therefore hoped the subject would be
| ferred to n committee.
After few remarks from Judge CHAMBERS, 1t was re-
| ferred to n special committee.
Rev. Mr. Yourc, Of =. c., offered the following reso-
luton, which was referred to the committee canons:
Resolved, That the committee canons be instruct
|
90 OF 1897 rs TO allow the testimony required by said
canon to be furnished from other than the
| cretaries Of diocesan conventions.
Dr. MASON, of Maryland offered the following reeolu
| ton, which WAS referred to the committee =
| Resolved, That the following be n substitute for tn
second section Of the 9th of 1893 viz The edi
ton OF the book of common prayer set forth by tn,
Joint, committees appointed Eby the last convention,
| hereby declared to be the st 'ndard edition.
Rev MIR. CUMfNo, Of Michigan, offered n resolution
proposing sundry alterations in 3st Of 1892 with
the view OF preventing the Reorganization Of parishes by
the formation within their limits Of other parishes by
persons not clergymen but who answered the name OF
ciergymen. The resolution appropriately referred
Rev: Mr. CRAIK, Of Kentucky, submitted resolution
from his diocese, intending that the general con
vention be requested repeal all special restrictions
contained In 9th Of 1874. The church, he con-
tended In support of his proposition had nterered too
much with the commission Of the great Head OF the
church to his people; and the state OF things growing
out Of this long continued interference had produced
reluctantly, he admitted, the 9Th canon OF lsa4 The