The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-22

foe but taking away of tn erght exercise the duties
Of that ofice that he is still bishop of New York,
but incompetent to perform his functions -the
that the diocese absolutely vacant 1t may be virtu
ally vacant. but there is distinction between the two
Suspension and deposition not the thing De
position the diocese bu. the question is will
unlimited suspension vacate it The gentleman from
Virginia 90 ys that limited suspension does not vacae
the diocese There is another class Of suspensons-
those which end by some contingency. There can be
no vested reversons In them What the effect OF an
the occurrence Of some act but it 10 not deposition
II deprves the holder Of the Office until period
rves when be restored to him Again here there
Is possibility; matter how remote 1t may be; IL Is
still right that is left in him, by the sentence of the
BILE hope-and what right have to cut of a hope, II
may be said the good Of the church requires but the
suffer rather than do wrong He contends there Is 4
right left to the bishop The gentleman told there
ab o6cio-and again he told there such dis
tuction The decision Of courts and of the Eng
fish courts are all on the same footing but in connection
with the law OF the church, he considers them
thing. Blackstone does not attempt to decide this
question Does he say that sentence can be
pushed beyond its legitimate limit The case of
the curate referred to, the gentleman will apply
Ia this case, because the ourate a curate
He could not be curate without the license Of
the bishop and not bsinga he could perform
the stipulated services AS tar the gentleman admits
distinction between suspension al oicio and suspen-
sion ab bsne0cio-aud that exist without the
other-his argument tails to the ground. Again az to
the argument Of the gentleman that the epsoopate
matter Of contract (this In his opinion faacous
Jurisdiction arises by conservation. The of the
Dutch minister will not apply either because there
special contract He did not get his jurisdiction by
conservation but by contract The people here are not
grsntors and therefore they cannot be revoers The
fact IS the whole OF these principles that
here by the opponents Of the bishop to
the house OF bishops Who 1t best them to
move the disability under which Bishop Onderdonk Ia
bors do and the people should be satisfied with
their decision
Rev DR.. OdILBY, Of New Jersey-The great question
s does suspension vacae does not? He
has been relieved Of the necessity of speaking to
Of the points raised by the gentleman from
Virginia, by the remarks OF the gentleman who
last spoke, and for that he duly thankful He would
admit that the diocese York had no right To give
the prerogatve used by the standing committed SnSng
the last three years. but If wrong has done in that
IL that reason that we should do wrong viii two
wrongs make one right? He would Give ,bs osnt,sm"
the benefit OF ths benefit II can be called for the d.
ocese completely neutrased it's effect bv the posi-
ton which it has before this house The great
question what Is suspenson-what are ts lits and
operation And before discussing it, he weud claim the
whole benefit Of principle which he will have the
Of the housethat in all criminal law the
very striotest construction is incumbent and that we
cannot depart from the letter the sentence without
perpetratiag wrong He would take his ground the
sentence which he has right legislator to take In.
to consideration That he Is convinced works
vacancy and he to speak he sentiments of his
mind, he would say that 1t a nudity He then pro-
ceeded to explain the ground which he arrived at his
conclusions The question turns on canon law which
received from the mother church in England md TO
that he will go back for the definition of our canon law
Our jurists go to English law, and ecclesascs are
entitled to do the same In doing he finds several
different penalties prescribed by that law The
first Is acknowledgements suspension Now let us see
the effect, and the operation of suspension He would
quote from Burns Ecclesiastical law and under the
article OF suspension, told there sorts
OF suspension-one for the clergy and the other
for the laty That referring to the clergy Is suspen-
sion from office and suspension from bsnefce person
suspended Is one suspended OF both for time but not
forever. He would maintain then that the idea of
limit, whether of time, provided for by contng-n
cytnat TINS idea OF limit enters into the suspension
ths, e. i. nnyT ,h no S;; :: VIII oe salo
but he viii not say that the bs6ons co"d re% -
Now we must internret fbs sentsrcs IN tha 60, .
manner n it saws srsnsndad or throo o,bs SUI .
suspended oft IL nuIlty ue uonlj nntend ,has
syarc s,on bavnr 30 ri, a, 800 ,,
fit sentence Of suspension that as It does not yary
pend and therefore, M the r,osf tba bsnsSc 70 th"r
Notwithstanding all the civil courts in the land decided
to the contrary The bencAoo rsmoinno ;nr;sa,ct,on
remains with IT, and is in the bishop
Mr.. PHILIP WILLIAMS said the attention of the house
had not been called 70 the snbsta nJ 81
the remarks OF the psntlsman from New Work r. ,aa
virtually with the Consent Of the convention of ths
diocese Of York restore the bishop of that diocese
the full exercise of all his powers from and after tina
Sd day OF January next should the bshon hs
he asked without having the sentence ramovsd from
II he could when restored exercise the functions OF
his Office without detrment to the ohurch AZ he Gb.
bishop himself admitted then he called upon every
weigh well the subject before voting in favor of snob
restor .ton He would refer to the epistle of 81 PAM
which speaks of what bishop should bs"A bshon must
be blameess the husband of one wife " &c &c and in
the testimonials which thew must siyn fbsv rsI
that he was void Of avii rsnort rs t yha Sa
bishop had proved not To be suoh tn vs ~
God required would thew restore him with tbis
resting upon him lie trusted not But fbsv ~src
called upou In restore him with Tho rroy,so H.. ~.
diocese of Nsw York did not ob;Act Ia womia Ia Az
not the reverend penteman VINO had snoksn q, hsns
Ace know ers WAS no such thing "a beneSes in the
United states NV '' s 90 ''"'"'' 4" '"'
DR. OeIIny ITO wbem be rsssrrsd ,v;shoa 20 ou,o.,
the gentleman but he would wait iii, IVA hd 49,
- 49, ~ ~ ~ 0n'
.n; WiLLlAhs cohsihueu = mere was no benshce
W .ae ONCE Oh pisoP mere as In England, as
ne Poceeoea TO snow Inc oishops salary stood upon
yuss ehe SANS Io9ting rs me priests salary Did the
pl'nop 30. MS saary oy uvine right as some said IL
30, why MAKE MN uepenoeht on the church He knew
.ne sau, inry must not muzhle the OK that
ous the corn put tne OK must tread out the
core Hrst How, now ala they propose to answer the
ca OF tne oocese OF New YORK lie believed that they
ought 10 make provision Tor the diocese but he would
naae Iu ior tnen ana not the partial supply
eon'empiaseu ny Inc report Oh Inc Joint commit
sse my heeoeu osnop specially LOT the diocese OF
New iorh not oisnop oividing MS services between
.nem anu anotner d,ocese without entering at large
.o e .. 'he OF the proposition ne