The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-15
trial, and CON 70 pass through the inquis-ios

trial and CON peled 10 pass through the inquisios
81 ere and 70 prove oy the quantity OF sndu
rance the slrengta and virtue oil tnen character
times when, iDsissd OF the diisent inquiry and the
true prese amor, allegation or public Onto.
ion constituted the grounds upou which the accused
was forced 10 undergo Tho expense tue hazards aud
the conrumey OF public trial. To guard against
epoy nites such these The canon 70 which have
REFEREED was enacted. It's provisions protect alike
the character Of tho Bishop aud Inc rights OF the
diocese, and the peace and parity OF the Church at
large Under this law OF toe Church, the diosess
Of New Jer ey has acted. liz bias performed u du-
~ impose upon 1t as the presenting body. IL has
oonsidered the question of presentmeTt, and il has
pronounced its Judgment thereon. Toe legal effect
OF there proceedings is, that the presenting eody
the Dio,ess, mas adjudcated upco the question of
preseDtmeDt, and determined that there Is no cals.
TO present the Bishop for trial, upon any of the
charges which were preferred against him, NJ that
time
The diocees Of New Jersey having thus dis
charged this high Official dusy, in obedience to
canon of the Church, aud in u after nvolVin the
good name OF the Bishop, ana the integrity Of its
members, now claims that her action aud judgne at
in the premises should be received with thai full
faith and credit which the law gives proceedings
OF court, acting upon matter legally submitted 70
its discretion ana ju gment That the diocess Of
New Jersey has The right 10 ask tor this conf ieace
III It's proceedings, Will De granted wien IL Is coz
aoeIed what i'm portance Is gwen TO these proceed
ngs by the Law OF the Chuioh
How and by whom bishop is to be presented
for uial, is Io Idle oeremony--no mere form to get
party into court IL IS r pro ,edure involving
hgn duties and deep responsibilities. The presen-
tiers ars not common Informers-they the
Church Of the diocess, the laiCy and the clergy in
public convention assembled, representing every
parish, and speaking for every member Of the
Church. The oisnop IS the party to be presented
for trial; bis character, his virtues and his vi:es
the subjects to be investigated; and the Church
ut large, It's purity AID character, to De aecte by
the result
To this body, thus constituted and thus acting,
he nf hnaQ tad
duty OF presenting n bishop tor trial.
AGAIN, the canon, IN comforting the power to pre-
sent, gives 10 each d,ocess the right To determine
Tor Itself toe question OF presentneht ~ present
Ment, upon the charges made No 603w body in
the Church can deprive the diocess OF eats right,
control It's exercise neither san the diligence or
tie hon soy of the diocess, IN this present matter,
be questioned for the purpose of Iullfyiug ITS legal
proceedings
The law has clothed US with the right Of pre-
sentiment, aud entrusted us with The duty Of per-
forming 1t. We have exercised this right aud We
have performed the duty
We have per ormed IL in obedience to the law of
the Church, 0nd according to les pure splr5 aud
meaning; aud We now claim that our acion ia the
matter shoco be respected. La our Judgment, 1t is
the oh ioas intention OF the make the con
ytptioa the ieaoipg aud controlling presenting
power For SeighIy reasons the dlocesS is placed
between its bishop aid the bar of this court The
way To the trial Is through the convention. True,
there Is another path 70 this court, poiu led in
the canon, dssigned it may be-, for OF heresy,
but u is on S aides, confessed that IL snoud only
be taken IRON necessity The plainly marked
course, the guides, the precautions, aud the drec
lions pointed out by Law. most clearly indicate
which of these two ways should have the preference
N the first instance. But when it sho sn. as it
las been Ii this case, that the way to pr.septment
through the diocess has been free 10 all responsible
of the Bishop, and the doors of the
top thrown open Tor the reception of their charges;
that such of those charges were then made have,
in fact been received ard investigator and that the
convention has solemnly determined that their
bishop ought not, these charges, to be put upon
tIiai-the PRIOR rights of the convention can no
longer be questioned, without impeaching the To-.
gahty and purity Of its proceedings
But, in vndicating the legality of these proceed
ings, We need lot assert an exclusive Jurisdiction
IN convention, to present upon charges Of the ma
ture CT those In question. We need not insist
upon the theory, that the right resides, pr narly,
IN that body and that IL is only in OF It's neg
lect hfulress that the right of three bishops
arises Cogent as are the reasons IN support Of this
doctrine. IL IL not necessary, for the would
present TO you, that il should be adopted We only
ask now las touching the charges which have been
examiDed) a recognition Of the principles Of a
current jurisdiction in three bishops and coaven
ton. We have never heard Of constr action of tas
canon, which gives primary right TO three bishops
TO present Unless, the retore, the primary right
exists in convention Gas there is great reason
conclude II does) II must be con current.
Nov, IL counot be said that the prcsentment
previously made by the bishops interposss bar TO
the exercise of this right, which, at least Is con
current. No action had been taken, undor that
prtsentment. except the summons to the bishops of
the Church 10 attend, at the time and phase men
toned. No court vas in existence when these pro-
ceedings were instituted prosecuted, or concluded.
No court could exist, until seven bishops had as
semb!ed. We know of no analogy in civil proceed
ugs.wbich would prohibit this action Of the con-
yeution, until st least court instituted, before
which an issue could be joined and a trial had.
The record Of the Committee Of Inquiry, whi,h
have laid before you will speak tar better than
any language Of our own, of the labor the fidelity,
the solic,ude Tor truth, with which the investigr
tion was conducted, and cannot but ensitle it to
your confidence and your respect.
Before tribunal thus sanctioned by the canon
thus within the scope of the legislation of the church,
open to every accusercogrting every source OF in
Notwithstanding every witness to attend it
before this legitimate and impartial tribunal have
these charges been ,ifted ard pronounced uufouud-
ed. And solemnly and deliberately has the conven-
ton Of the diocess-graLd inquest Of tho Chutoh
tnerein-passed upon them pronouncing them
false or frivolous ; and in the fear of Cod and true
allegiance to His church, declaring that there no
ground for presentment upon these any OF these
allegations.
What is there to abate the effect Of this dsc-
sion! Not that witnesses, though called
upon, have declined to testify. Their silence, if
Lot proving their inability to nculpate, at least
supplies no warrant for further inquiry. Not that
the parties, on whose statements this presentment
was made have refused TO attempt their cofrobora-
ton. We claim, here the benefit Of the rule Of law
and justice, that when party has had full opportu
nifty, IN competent tribunal, TO sustain his allie
cations, aud negects, he shall thereafter be pre-
Guided. We submit it to you, and to the de-
cision Of impartial men in the Church every
where, that the lay aocusers by whom those
charges were made, and who we're not only in
vit,d to appear, but we're offered by the committee
the largest liberty Of cross examining those whose
esti1cny should be taken, even they doubted sin
oerely, the legality power, Of such committee,
we're bound TO appear, TO help in the discovery of
the truth ard in the hope that his character might
he eli rod fhoy otpulu
pear by the law Of charity. IL was not pretended
that if they had gone before the committee, they
would have, thereby, surrendered their rights TO
appear in this court. No harm could then have
resuted from their obeying the summons; ard their
attendance might have reeu.ted in the clearing
away OF thcir doubts, and the removing Of prejudce
from their minds.
s9s Gao it w;;ssa reason DO laid that the invesa-