New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-11-29
EPISCOPAL CONVENTION.
Special Dfocesian Convention Of New.York

RvLES &C.
Mr. HARRIsos moved that the Rules OF O rider Of
the Annual Convention be the rules of this Con
vention, so far as applicable. Carried
The question of admitting the Rector of Grace
Church Prattsville to his seat in the Convention.
notwithstanding an nformality in his certificate.
was brought up by Rev. Mr.. LEONARD of Eman.
uels, New-York. Judge SANFORD opposed the
motion to admit tho Rector, and moved to Law il
on the table. Lost. The matter was then re.
ierred to Special Committee of FIVE to report
Notwithstanding OF Rev. Mr.. Leonard, DR..
Taylor, DR.. Vinton, Judge Sanford, and Floyd
| Smith, Esq.
This Committee subsequently re ported in favor
of the Convention taking action upon the certi6
cate OF the Rector if it complied fully with the
requirements Of the Canon. Carried
THE PROVISIONAL BISHOP.
The following resolution was offered by Hon
| c. SPENCER:
Resolrd That doubling whether the call by The Standing
Committee for Special Convention Al this Tine place.
warranted By The provisions of the Constitution and
deemiDg advisable that due time should be given
slider the matter proposed for its deibrOn, this meeting
will proceed 10 The transaction OF any business
Mr. BENTON OF Little + alis, proposed as an
amendment to the resolution that the Convention
proceed Ia balL0t for Provisional Bishop.
Rev. DR. HAGHr then proceeded to read ST.
number OF documents from the Standing Com
mttee upon the sub ect OF the new Canon and the
election of Provisional Bishop-comprsing al
copy of the Canon. In addition to the Report,
the Secretary announced the preparation of al
Legal opinion upon the same subject. This docu
ment was next read. Itreviews the powers Of
the Standing Committee, and enters into detail
ed examination al the legal limitations and obi.
cations of said Committee in relation to the call.
ing of Special Conventions like the present. The
argument was an extended and able production
1t bears the signatures OF ex-Chef Justice Jones'
Hon. Gulian c. Verplanck and Murray Hoffman,
| ESQ.
Rev. Mr. VAN KLEECE of Troy, offered another
! substitute for the resolution introduced b. Mr.
Spencer expressing approval of the action Of the
! Standing Committee, and supported it in tewl
remarks.
Judge Belts then offered another substitute
which condemned the actionof the Standing Com
mittee. This was read
Mr.. SPENCER now proposed to amend thal
amendment OF Mr.. Benton, so as to read " This
Convention will not proceed to the election OF
/ Provisional Bishop.
The amendment to the amendment thereupon
occupied the attention of the Convention for
considerable time.
Mr. SPENCER rose and discussed the question
before the Convention in its various bearings tie
said it was with some embarrassment he rose to
sneak in relation to the matter, especially as he
MIGHT be said to be speaking to expectaton-hs
name having been mentioned IN this connection
in one of the secular papers. He desired to per.
form what he considered duty to lay before
the Convention, as plainly and simply he pos.
sibly could, such arguments had occurred to
his own mind in support his propositions. Ref.
! erence was made to the action OF the Committee
! ofTwenty in the Convention OF 1916 and to the
movements for calling the attention of the Diocese
and the General Convention to the necessity Of
providing for the extremely anomalous position
in which this Diocese is placed MIR. Spencer ap.
pealed to the gentlemen associated with him
Ahnk
sincerity Of his labors in sphere which promised
results absolutely necessary to the peace quiet
and prosperity of the Diocese. 1t appeared that
/ be must accomplish his object by legal
means. Strong as may be the desire
and wish for the attainment OF given
object we may not use improper, unlawful OF
unauthorized means to accomplish it. Anxious
as the speaker was that the Diocese should be
restored to peace, at least to the government ota
regular Episcopal officer, as circumstances
would admit, he was yet anxious that 1t should
be done in manner in itself entirely satisfactory
not only TO the great body of the Convention, but
to its constituencies; and in Il way which should
leave no doubt of the regularity and binding
force OF the act. 1t is better that we should not
act at all than act in a manner which would
expose to still greater Inconvenience. ALI
must agree that the exigency IS not so pressing
as to require to break down, evade or tribe
with any constitutional principle which governs
| U.s. 10 TCUttT Tie dCIUu VI any DUuJ FHltu "
must be called by q competent authority. This
Convention, he argued, was not an incorporated
| body, but body of associated individuals
acting in their individual capacity in pur.
suance OF certain stipulations and agreements 1
entered into. The general rule and principle
which governs the action of an organized body OF
individuals, not Incorporated is that the assentoi
each one is necessary to the valid completion Of
any act. This rule may be modified by any asso-
ciated body by the stipulation that they shall eS
governed by the majority, whose action shall Dc
in effect the action of the whole. These elemen'
tary principles lie at the foundation OF this qQes'
ton.
Mr.. Spencer here proceeded to an abstract ar.
gumcnt upon Constitutional Law. He read frem
elementary Writers-Wicox on corporations and |
others-in support of the argument that the action
of body is invalid unless it is convened by com
petent authority.
His second point was, that the notice for the az.
sembling of the Convention was not given by or
der of any competent authority. Mr.. S here again
read from authorities to demonstrate the preroga'
tive Of the Bishop in such cases. he held that
there is no vacancy in the Epscopate. The blsn'
op was deprived of his functions but is still Bishop
of the Diocese. He cited the Canon in relation
to the election OF Provisional Bishop and showed
that every line of it was recognition dc tacl0@
the existence of Bishop, even though he be sQs.
nended from action He submitted that we could
not, at the same time and the same place, admit
that there was Bishop and aver that there was
vacancy. They were utterly Inconsistent The
Standing Committee had been given authority for
all purposes expressed in the Canons. Are any
purposes declared in those Canons embracing the
call of special Diocesan Convention Not one
word Mr.. Spencer proceeded at some further
length, showing that the Standing Committed had
no legal authority to act as they had done.
Rev. DR.. WESTON replied to MIR. sPencers ar;
guments at less length, but with great force aad
aloouanca He ypnR NOT aOrTv that the InLeftBk
ing question and the mcoted point Of the author,
tys of the Standing Committee of the Diocese lad
been introduced by his learned friend from Al
Judge Belts called Dr. vinton to order. with
motion for adjournment till morning. But me
House refused to adjourn.
clad the question had been alluded to- He pro
ceeded to read from the Canons of the GherGn'
md made strong 1lefanse Of the action OF Lao