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

III. proceedings the election Of delegates more
regular hereafter.
In the case aud he would have contempt for the con-
venton II lost sight of 1t in favor Of individual
The constitution Is express this subject and the
conventions the docesss the constituents Of the
convention the delegate must come from them
| Judge CHAMBERS said, if he understood the gen.
| tlsman from South Carolina, he says that there
should be no departure from the constitution Of
tho church In this matter; and another, that
the delegates should be admitted under protest He
disagreed with both Of them. Constitutions con.
sructed briefly And the men who framed this one had
in this convention Many them have held seats
here from the time Of its adoption and he thought and
has always heard that cotemperaneous exposition Of
csnons and statutes any other instruments are al
ways received the Interpretation Of them and the
manner ia which this of the
| In former has been made, with liberslity
The church knows that no member, except who de-
her, will seek seat in this convention 1t
| never was intended that such meA should be under
strict rules Of form one has reason to complain
| 1t Is the State convention.
constitution and said there was provision in which
provides that In the diocesan convention neglected
elect delegates to the general convention IL appear
other authority Of the diocese appointed
delegates such delegates shall be entitled to represent
| the diocese from which they come.
suon, In support Of the right Of the right substu
ted delegates to sit In the house. In the following words
If the convention Of any diocese should neglect
decline to appoint clerical deputies or they should ne
Css to Be
prevented by sickness any other accident such do
shall be considered as duly
by such deputy deputies may attend whether lay
clerical And IT, through the neglect Of the conven
ton any Of the churches which shall have adopted
| may hereafter adopt this constitution no deputies
either Law or clerical should attend any general
venton the church in such diocsses shall nevertheless
| be bound by the acts Of such convention"
| DR. Wheat said the convention former occasions
had ratified the appointment Of delegates by Bishops
and he could see no good reason Tor departing from the
Rev Mr. MANN, of Virginia, thought the precedent
and though he yener:t:s his own Bishop a.
would not givs him power to appoint delegates to this
shsud require delegates be elected in strict
eordanos with the but he had desire to
apply hi: remarks to the case under consideration
decision this matter He referred to the journal Of
| ls4l whom the same subsct was discussed, and when
IL referred to COMMITTEES to inquire and report
whether the practice Of diocesan conventions deegAng
bishops the power Of nominating delegates to this
venton nontravention Of the I'd article Of the
| constitution The committee in that recommend
ed alteration of the constitution but the subject
Judge CHAMBEas said the quotations from the journal
| of ls4i corroborated the remarks he made That
vention thought the practice refused to alter
Rev Dr. HAWKES. said he not in favor Of repeating
practise which has existed long, and by SO doing
commit injustice the delegates who have attended
here In pursuance OF such practise
Mr. j. r. IsoERsoLI Of Pc said It Is general prnci-
pie that delegated power cannot BE- delegated In the
of the church, the appointing Of delegates is de-
dgated to the diocesan conventions and for those bo
hat prinops 1t is another principle that every body
shall judge Of the qualifications Of their members
In s
venton Obliged to bow to the constitution irrespective
Of individuals sympathy
laid down by Mr. ngersol but he admitted its adoption
the United States Some countries have adopted the
delegate again and this house may may not adopt
pleases Judicial decisions have been made
cordpg the Of the decision
binding and the convention has construed the
constitution that delegates appointed In the
ferred TO- are entitled to their seats We are bound to
Dr. Hawkes. resolution and would suggest that it be
modified, that it be referred to the COMMITTEES on
elections to report that the gentlemen are duly elected
| members of the convention
Rev Dr. HAWKES. thought that the argument Of the
gentleman from for accord
ing to the principle qui facet per alum fscit per the
diocesan conventions had the right to delegate this
Mr. WHARTON, Of Pennsylvania, agreed with Mr.. In.
gsrso In the principle that power delegated to body
cannot by that body be delegated to any person
the fourth article Of the constitution Of the
church, providing for the manner Of eleeting bishops
asked If the power Of the proper persons to elect
ofa diocese, and they elected bishop whether suot
bishops election would be valid He denied that Ions
ments in this way particularly when the constitu
ton laid down express rules on the subject.
Hon. WIN C. RIvEs, Of Virginia, reviewed the argu
ents on both Sides said that persons thinl
there is difference between the phrases "chosen and
draw distinction between the phrases appointed" and
"slectedn-those words used in the constitution
g the and n ahs
word appoint" is used in the same meaning The CON
stitution the United States In regard to the cleo
ton Of Senator'S In place that they shall be "cho
SEN and in another part the word appointed" is used
and he enqured whether the Legislatures of the State
parties lie agrees that delegates have been allowed to
take under this defective practice but he denied
that the General Convention decided upon
| IaOa itv Of he
house affects the constitution and decides this very
question in direct violation of the constitution
matter how dsagreeabe 1t may be- for him to do yet
he must insist that evidence has been furnished tina
hqueston has been decided or An expression regarding
the legality of the practice of admitting delegates under
such irregular cirtcates given by the general ccnven
ton He would however, allow delegates appointed in th
manner sit in this convention, waving for the
the question but for the future he shout
insist that delegates not elected in strict accordance
allowed to take part in the proceedings Of this body
The time may arrive and God grant may be distant
when IL will be absolutely necessary to scrutinzs nh
authority by which delegates appointed He wouls
modify the resolution under discussion and not have
say that the members with defective certificates
constutionay entitled to their seats, but that they
are permitted to sit this session moved that thu
subject be laid on the table till Monday morning;
I Mr. MEMMJNGER offered an amendment to DR. Hawkes.
resolution report of the committee elscton
be referred back to them to report that the member
Seats according the practice Of previous general
ventions on the subject
Rev MIR MEAD rose and said that the members Of th'
House are 70 sign the documents III reeon W ING 9vo
ecration of the newly elected Bishop of Msine and
would like to know who to sign them, and who ar
not view of these proceedings And 1t would be bet
ter to have the question Of the legality Of those mem
beers to sit, decided at once .
Hon. MIR, RIvEs said he hoped those gentlemen woul
consider themselves pripa fdcte members OF the con
vention -
motion to lay the subject on the table till Monday
WAS made and carried.
The House then adjourned to this morning
Proclamation.
BIZ John Young, Governor Of the State of New York.
day of Public Thank givng is due to Almighty God
for blessings bestowed upon the people Of this Stat
during the past year.
While sapguinary war has been raging upon our ma