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

cant diocese them Had gentlemen forgotten undamsn-
tai provision In the very article ofthe constitution! Was
there declared bishop should perform his
ed to perform duties in another diocese Yet those BIZ
shops had hesitated to forward at the request
ofthe standing committee of the diocese Of New York
scrupes the subject but the body OF the clergy
had entertained The whole of this question
up ct the last general convention; and by almost
unanimous vote the proceedings Of the standing
mttse, which could have been justified only the
approved. There had, therefore. not only been
solemn decision by the acting authority Of the diocese
but II nsd been oy higher Inc &C.
diocese without bishop 1t was absolutely and mpera-
lively incumbent upon the high legislative house Of the
might be filed II he the appointment Of
bishop to vacant diocese without delay had been
the church. that canon existed adixing severe PEN
atty to the metropolitan who should guilty Of neglect
in the case He doubted that there consdsra
tions of sympathy for their afflicted bishop, which led
to the which the diocese of New FORK had taken
general convention The course which they had taken
worth ofthem was consouant with true Christian
Now after and Waiting for
Should they turn and give them a stone What
else had the report Of the joint commmittee
had been said, every diocese had right to a
bishop. This right being grsnted-and it could not be
demand bishop. Ancient canon law provided that II
bishop, temporarily invited by diocese, should at
SUBJECT to ons Of tn measures which had
been proposed in effect that provisional bishop
should be appointed who should retain his position
til the suspended bishop should be restored that might
be till doomsdsy Such proposition was, In view
contrary to the spirit and law of the church lie hoped
1t would not prevail There but two modes OF pro-
cedure then left for them they must restore directly
or indirectly, suspended bishop they must autho
rize the diocese Of New York to appoint bishop These
were the two alternatives They must BIO confronted
face to face. There no intermediate ground He
in huaf nrafin off rhavm NIT
all be that his restoration would inct blow up
the church, from which she would not
luton Is the restoration Of the bishop and that he
thought would be the greatest calamity that could bef
the church great deal has been said of penencs and
repentance, al of which he would in but they
plead nothing for his restoration They may obtain for
blot out his transgressons before Omnipotent God
but they avail restore him to the sacred Of
dce from which he has bsen suspended. Let his pc
be what the fact of his verdict
the performance Of penancs-thst s in sense
fundamental principle in that penance is obsts
Gle to his elevation IN the church It IL principle of
common sense 1t Is declared that individual who
has done penance be restored to concilaton but
never office In the church. He would say tn 1t
would be detrimental to the interest of church
restore person to office who has been declared guilty
of crime contra bonus mores He holds therefore that
a restoration will not BIZ proposed directly but the
thing Is proposed indirectly He surprised at thu
language used to show that the sentence void He
considers the legality Of the sentence plain that he
wonders how any think otherwise. The
sentence is in the very word Of the canon; su'pen
ton about that The only question is to the effect
OF It, He ventures to say that according to the unda
mental principles of the church, that deposed de-
graded minister cannot be restored and
lot 1t Is well known majority of the court in
Of deposition. Deposition forbds restoration totally
but suspension implies possibility Of restoration. The
authorities agree in defining suspension that it may be
limited psrpetuslit may be from the living from
the benefce from both This sentence is ono simple
and absolute. without qualification Of time-aud has all
the force Of Deposition aud under he
be restored It Is said by the gentleman from New York
Ia
the rs deposition, 1t caunot be considered AS
erred ecclesiastical authority prove that when
limitation is not fixed in a sentence OF suspension s
to all intents and purposes, absolute suspension 1t
has been asked II the bishop has been deprived of his
office, how he be restored to it? Now how can man
be restored to thing of which he has de-
restoration Of the bishop impossible He next re-
ferred to the question, how far authorized f
suspension his deposition Take the of suspen.
sion for limited time, say three years This leaves
a revers'on to the suspended officer. Compare
that with the before where there is no
limitation. What is left! 1t takes away the Of
flee wholly without reversou except remote possbi-
lily Of restoration, which he holds in this IL
possible lfgentlemen can persuade themselves that
remote and impossible contingency can attach him to
the Office BY the smallest tie the oAic Ia ueyerthe
less vacant during the suspension To be sure the in
dvidusl may have the title Of bishop that all He
may be technical bishop, but the epscopate vaca to
a intents and purposes He disputes all about
possibilities and III be assumed that the bishop s to be
called the technical bishop he has objection to it but
vacant. He comes to another view which is that
In respect there total deprivation Of the bishops
charge the diocese Of New York There are prn-
ces Of common which be brought to bear on
this case The relation between the bishop his do
cese one OF contract privileges hand and SER
which cannot be resisted Mr. Rves then referred To-
Blackstone and other celebrated legal writer's to prove
this at length. Now is 1t possible when It IL laid down
by this great writer that when grant of office il made
there il secret that the grantee shall
duly execute the business OF his Office and in his
he mill or,ft h,id
1t, and put another in place OF him! Again. an Office
may be forfeited by misuser on-user Nor can
II De said that there has not been both suse and
user In this There has been both and
II lawful for the diocese Of New York to declare the
vacant He would go further and say that this
principle has been acknowledged by OF the highest
legal authorities in England who 1t is well known cared
but little for techucalities-he meant Lord Mansfield
Who In case before him Of clerical appointment ap
piled this principle which he commended was as strongly
applicable to the diocese Of New York question arose
that that the curste was not duy TO act
Lord Mansfield said IL after reasonable he did not
,ify himself the emoluments of the office might be
tions TO perform his dutes and II be nas not W S
entitled to the privileges No. says Lord Mansfield for
the entitis him to the prvil sgssths one
grows out OF ths other Mr. Rves then referred TO tn.
case Of the minister in the Dutch church in Albany a
few years since which analogous this 10 one re-
spect at lest The minister in that case
was suspended for six months, aud then dspos,d He
brought action for the Of his salary
the time Of his suspension BY the terms of his
tract he to receive salary long he minister
9" the church, and tho decision OF the court tn,
was not entitled to his salary not being minister with
In the meaning of the covenant, when he was
under suspension. Apply the same principle to this
case and the suspended bishop is not a bishop
On these princi which apply directly in this case
II the bishop Is incapable of performing his office 1t is
competent for the grantors to declare the office vacant
and appoint another He believed too that the person
appointed In this way could hold the office despite tn
OF the suspended bishop hut he denies that
there manything more than possibility Indeed
t-rDg into details he has taken survey of the
case and he would be happy IL the gentleman from New
York Will prove to him the absurdy of any Of the ar
Yuments be has used If the sentence null why has
not The bishop stated go and dean his salary in
stead OF receiving charity Of $500! Why did he not
follow the example Of the Dutch church minister and
have the matter decided upon by tho highest tribunals
IN the state Ills solemn conviction H. that IL the gen.
tlemen wish to restore peace and harmony to the
church, they should come forward and settle the
dehntivey by declaring the diocese vacant He i'm
pored gentlemen to forward and settle this hunt
ating controversy which has In twain the bosom
of the church
Rev. Mr.. FoRBEs said few words in explanation of
what he had already stated lie applied the word nh.
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