The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-23

without taking the question either the address or re-
solutions.
General Convention OF the Protestant Ep'sco-
pa! Church or tho United Statss.-House Of
Delegates.
FOURTEENTH DAY.
EVENING SESSION.
The convention assembled at o'clock agreeabiy to
adjournment The President called the house order
whereupcn
Rev. DR.. HAWKS rose and addressed the house He
trusted he should be pardoned when he said that he
ing which became him He was aware that this was q
question Of difficulties but not nsupersble In his
view Before entering upon the subject he thought 1t
right to advert several particulars which might stand
In the way Of decision They were all fallible, and
liable to pejudices. He hoped that he should be enx
ions and that others might the same and that they
might approach the subject calmly fairly and debe
to involve the veal or woe Of the church He hoped
they would act upon this occasion with true moral
He stood there to act in view of the
lemn responsibilities Of tho subject. As the charge had
been publicly made against him. he would publicly deny
he originated those proceedings which gentlemen had
them that he would not trespass upon their patience
longer than duty constrained him. He hoped his should
might not be construed into wrong feeling He spoke
earnestly from the very nature Of his constitution He
proposed to consider the subject purely question
affairs. The diocese Of New York had been for nearly
three years deprived Of its bishop That diocese now
questions involved in the subject which he proposed to
consider in the remarks he what was
the Of the diocese Of NJ York that moment
ID what relief could they afford them? With regard
first question: he feared that would hear him with
regret when he his conviction that the diocese of
Court Of Bishops was pronounced in is4I. The first
point upon which he would call the attention of the
house, the Interpretation Of the The church
had fixed the penalties, admonton, suspension and de-
graduation No would deny that these had ever been
the puni,hmsnts appropriated to the clergy Now
what the meaning OF these punishments! IIs who
undertook to settle their meaning Of
mon parlance, would The word Suspension WAS here
used in sense purely technical 1t did not necessarily
mean temporary deprivation. definition of the term
referred to its extent to its Duration so that was
either total or partial temporary permanent Some
others had DR.. H.. proceeded to quote large
ly from mass Of volumes the common law which
he said he had examined with special reference to this
subject. He craved the indulgence Of the house and
trusted they would not despise the wisdom of the an
clients The works quoted, were of German, Spanish
Italian French and English origin, and all tended to
conrm his views that suspension was total; that when
no time YVES specified perpetual suspension was meant
From these 90 he nstsnced several of sus
pension, all Of which wss perpetual He cited these to
show this sentence OF perpetual suspension was no
novelty But the sentence Of perpetual suspension COM
for day very small matter but to be SUSPENDED
for years trivial affair. Hence time was the o.
ssntsi element Of the This being the case
It must be construed perpetual. He did not wish to
be Troublesome to the house In reading these auhort
ties but he begged that they would not be dismissed
with . sheer, Salamanca had been this morning He
loved antiquity wise men venersted and consulted It.
He was willing to gather light from all sources and one
OF the best sources, the only source subjects
was antiquity He proceeded to consider the objections
which had been urged 1t objected that indefinite
time was unknown to their church. This was . mis-
take entirely They had settled 1t by their own eps-
canon of 1884, relating to the settling differ.
between and churches This canon au
thorzsd them to proceed according to the Of the
church to suspend the clergy from the exercise
ministerial duties, &c. Here II was obvious that the
Clergyman thus suspended for refusal comply With tbs
acquisitions might stand out In his refusal 70 the end NJ
his ife and hence his suspension would be perpetus
But the House of Bishops recognised both limited and
general suspension he proceeded to show by
from the journal OF the general convention 1874 Be-
iore leaving this subject allow him to ask Why it was
surprising that such punishment this should have
been provided for Was not the church subject to
heresy! AS long a. such crime remained thew must
have such punishment as indefinite suspension Nov
permit him to turn to the sentence itself It would be
borne In mind that h. had already shown to the conven
ton what the early on the subject
How far they were to be bound by it, yet to be CON
believed better or more canoncai sentence could
not have been drawn He then read the SEN
, sncs, showing that both Office and order were
The sentence was full perfect complete canonca aus
tanned by precedents and just ecclesiastical "a
that which the canonists had all declared il to be- It
perpetual Some Of the canonsts had said that the
term suspension" without qualification, was the Sc
verest form Of suspension Gentlemen sd referred 70
benefces. There were benehces properly so called
in the country He read from the fathers to show
that suspension from orders carried with n tha ;daa ~
deprv of the fruits of ONCE He was surprised that
genem should suppose that benefces had apv thing
to do with jurisdiction and that them should 20
far Is to say that the jurisdiction the see of the
bishop liz denied that the question had
any thing do with benehce When they touched the
benefce they did not touch the but when
they touched the office then they touched the jursdc
tion-and touched 1t in vital manner He had heard 1t
asserted to-day with surprise, that conservation gave
Jurisdiction IL neither did in the mother country nor
did It in this. He happy read from name dear
to all New Yorkers-the late Bishop Hobart who said
hat the connection OF bishop with particular diocese
aud that everything relating to the jurisdiction of
bishop. was simply motion Of human legislation
This gentleman had inquired for definition of the
word jurisdiction. Ecclesiastical authority had set
tied the matter 1t was the right within certain
graphical limits and over a certain people who
had designated the to exercise Episcopal func
ons when the authority to exercise functions had
been given BY conservation Did the House Of Bishop,
give jurisdicton fso he should soon expect to see
the good old doctrines Of Rome enforced Tina Pons NJ
Rome attended to all such foes IL was prepostsrous
to contend that jurisdiction from any other source
than the conventions OF the docese Every writ
issued by dean and chapter In England was confrma
ton Of this principle His friend from Maryland said
that the Bishop was not suspended from the Office but
between the two in his mind He had been reading from
the old canon law 1t might be objected that these ca
mons had not binding force upon this house. True
but that not the question The question was what
was the binding force of their canon and he intro
duced these because they furnished key for the
.dhsrs a. th OF their own But was it best to
ss,de All the rules OF Interpretation which the an
Client church had given them He answered. this very
mousse nad SHOWN their for those ancient
thorites because they ha decided that without their
interfsrsnce Chat Of the Houss they would be- bound
the canon law No declaration that the house should
now make would alter the meaning OF the canon A
derstood at the time 1t pronounced Again IL had
oeen sAd tnat TINS sentence was nullity. He never
saw IN ms me az thing moro like habftitio princpi
Gentlemen claimed that the sentence was An
Unity the bishop might his duties to- morrow
Why sir said Dr. H. II he should do co. his punishment
is both swift aud sure for he would be brought up for
contumacy without delay. He surprised to hear
such Language from any member Of that house But
where did jurisdiction come from! Did 1t come natural
ly or was IL conferred?
Dr. FORBES explained that the sentence was a nulitv
because there was no powev to remit
Dr. HAWKS that the power to remit was one of the
noblest powers OF the church. IL implied respect to the
attributes Of mercy They should restore the fallen
when he gave evidence Of psnitence. Mercy spread
wide her arms to receive the returning prodga But to
exercise too much mercy to the pentent was not
the proper provinces OF mercy He took the ground
that this state OF facts which he had related had crsa
ted vacancy In the diocese Of New York There were
certain principles which they hold a. check and soms
OF them he hoped they ever should hold Those which