The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-11-28


the ayes and noes, there being only 40 ayes and Of
noes the motion to adjourn was lost.
The motion to lay Judge sandford's resolution on
the table then renewed.
Judge sA sDFoRp then withdrew his motion, upon
the understanding that he might be at liberty to
1t was then moved and seconded that DIR. Creighton
be appointed President: but IL stated by the
Secretary that II the ballot was dispensed with, the
The question then put whether DR.. Creighton
be appointed Chairman, when two persons answered
in the neg ative. The motion was lost.
The Hen. Luther BRADsH then rose and said the
proper way to put the question to ask, there
any one present who objected to Dr. Creighton being
The question was then put in that form, and .
member from Christ Church, North Brooklyn OBJ,
DR.. Creighton was elected President.
DR. CRErcHroN then took the chair, and briefly
returned thanks for the honor they had done him,
and besought the members to demsan themselves
towards each other, on this solemn occasion with
The Convention then adjourned to half past seven
o'clock.
At seven o'clock the President called the conven-
1t was then moved and seconded, that the rules OF
order of the annual Convention far applicable
be the rules of order Of this Convention Carried.
The reading OF the minutes was then dispensed with
Mr. SPENCER asked leave to make motion In rsla
ton to the seat Of reverend gentleman whose certh
cate was ipformsl-it was not signed BY the warden
and it therefore informal and he would not be
entitled to take his seat without leave Of the house
although he was de jure and de Jaeto rector OF his
pari.h; and he (AIr Spencer saw no reason why he
should not be admitted He therefore moved that the
Rev James p. 7. Clarke, rector OF Grace Church.
Plattsheld, be admitted to take his seat.
ltws. then moved and seconded, that the appli.
cation to admit Mr. Clarke be laid on the table 1t
broadly limited that he did receive the call to
the rectorship in good faith.
lost The application of Mr. Clarke then referred
TO committee of hve to investisate bis claim TO
seat.
The Rev Mr. Cox then moved resolution, that all
members residing than 20 miles from the place
Of meeting, be allowed cents mile, as travelling ex-
psnfes, 40 Adopted.
The Grammar next read resolution to the follow
ing effect which offered by MIR. spencer
Received. That doubling whether ca .no
Standing, Committee, for the present Cor i8
wArrsnted by the constitution and thu #.. 20
time Ia. not been given, that this Conver take 90
action on the subject
Mr.. sr,ScER raid he understood that o.
commun ic alton sent In By the Standing Committee,
and he wished to have IL read before the resoluton
The sscKrrARr then proceeded to read the papers
from the Standing Committee. The FIRST paper stated
that they the CO mmttes caused the convention
called to take into consideration canon made by tia
General Convention In relation to the election OF an
assistant bishop, during the suspension OF the bishop
Of the dioeess. Another document was then read,
designstes the opinion OF the co nmttee, which de-
tail, their powers very fully, while the bishop was
suspended, or When there was an actual Vacancy In
the diocess. After the reading OF the last paper,
The Rev. Mr. Van KLEEK, OF Troy, moved resolution,
as substitute for Mr.. spencers, which was suose'
The reverend gentleman said that he believed the pre-
csedpgs OF the Standing Committee would be ratified
by this convention; and, as the GenerA Convention
had srly round 20 the Views OF the stand
ing Comm ttse he thought his resolution would meet
the views OF all parties
Mr. SrEscrR then proceeded to address the conven-
ton In support Of his resolution lie said that tbs
reverend gentleman from Troy alluded TO the report
OF the Committee OF Twenty thereby making 1t per-
sonal question He was sorry Tor that, because he
wished to discuss this as an abstrnct question. tie
then said he gave the gentleman AMI a., others VINO
aud he expected the same courtesy would BE- ex-
tended TO himself although he knew very we'll there
good deal of feeling entertained 90 this subject
IL very STAYED by the rector of Toy that
the committee, In lsi5, made report, aod IA that
reTort they in favor OF ealing assistant
bisbops and II was also true that ne (Mr spenser)
bims. offered resolutions thst the Houss Of Bhops
should take provide Tor the necessities OF
the diocsss and Il equally that he trsinsd
Ia a school In which everything should bs done by
legal means and an xioas as he that episcopal
officer should be appointed yet be would not leod him
self % trhe with, break down, any constitutOnsl
provision, to attain that desirable object. lie
then stid his fret proportion that the Standing
Committee had poser TO call this convention aad
that this convention having been illegally called they
could not act IL ought 20 be remembered said Mr.
Spencer, that we arr not an Incorporated body. lie
then went into heightened argument in relation to
the powers rights and duties Of incorporated bodies
which. he eopteDded. were distinct from the powers
and authorities q associated Individuality which
we understood him TO mean the present conTsn tion.
In support 81 his proposition, be maintained that II
the body calling Il had power, &c would be null and
void. lie read IRON Wilcox, aud another, cOrpora-
lions and also from Angel and Ames American writer's,
the subject In sup port Of hs sesond PROPOSE
ton he Rd the second article other own constitution,
and then went on 70 argue that the contingency pro
vded Tor did not aud therefore this Convention
could not be legally convened he maintained that the
Episcopate not vacant; their bishop was stu In
existence although u was true that he suspended
and disabled from acting lie then proceeded 70 show
that the Standing Committee had for the last I've
years recognized Bishop Onderdonk by providing for
him yearly stipend out OF the episccpal fund ana
by various other acts OF that body The General Con-
,enton also recognized him ~ their act. and by the
various canons enacted snoe his suspenson and con-
they have recognized him the bishop OF the dooes
Now, ssid Mr. Spencer, aver that cannot In the
yet vacancy. lie then referred TO the lth canon Of
the General Convention Of 1882 Atthat convention he
ssid there n division OF ths caoons the 4th
prerorbina that there shall be Standing Committee
IN each dioec, and that whore there Is bishop the
ttan committee IL vested With the bishops power
that w. the clerical members OF the COMMITTEES vest
ed With bis suthcrity for all eccesasical purposes
Nov, ask faid Mir Spencer, IL IN any authority In
any II those eanons that standing commttee can
call freoial convention lie, Therefore cOntended
that under canon four special convention can be
called In fact no canon has given authority TO call
tpecia convention, because, although 10 would seem
that one canon CO.'S invest them with eocesisstica
authority, Yet another canon vests this authority in
another body But there g. anot her Why they
have powfr 20 call this convention fer unless there
II an actual In the docees they cannot under
any Of these csnons ast Nov, said before, there
IL tho vacancy here, and therefore any seton they
might take would BE- invalid aud Of no force Mr..
understood meant all that related TO the affairs OF
church. He thought that vas too broad a siguihss-
ton 70 rive ~. II was IN MS opinion more utuAly
used In general discussions relating to church affairs
although amongst olergymen " may be UNDERSTOOD as
above stated lie then went on TO shoE that since
the PEN Ion the committee have frequently said
and acted ss II the Bishop still In existence.
How. then can they declare that there Is vacancy
bsceUte IL only IN the event ~ vacancy they can
act 20 40 20 oil up therefore submit that lsgts
lative body cannot speak OF act upon subject uson
which the constituto has already spoken To Illus
tate this proposition. he quoted the case OF county
clerk, which sought 10 be dismissed. The const-
tuiion vas set up witch provided for county clerk
and declared that where appointed he should
act In pursuance Of 10 lie then asked, the stand
ing COMMITTEES TO control all the parishes In this do
cetsf He thought not The people Of this diocess
might meet ana twesp avsy our entire constitution
lie conc ude by one general remark, that authority
IL not to be taken unless 10 IL Irresistible implca
tion iron from provision. and where no other can
be drawn frsm II; aud lastly where there Is an ex
pres provisisn n, Implication can be drawn be-
cause the higher authority has spoken out there
tore submit there " no ground for implication