New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-05-29


and therefore va net intended that he Bshop.
should have the power OF prcscntment on matters Oh
immoraity. But In matters Of heresy the diocese Ia
not the 81 body to Try, because tho poison may have
infected all the churches and therefore the Bishops are
allowed 10 make prcsentment
The case Of Missionary Bishops without Dioceses
mishf have been In the minds OF the makers Of the
canon when the Bishops were allowed to make pre-
sentiment, because they have no ifoceses Bisnop
without Diocese, eve though acting only IS Rector
upder another Bishop must De tried tried at all, As
q Bishop.
He argued against the force Of the argument thai this
late pysstigation would have bad effect ou OF DOORS
God grant that the Diocese of NewJerey should never
Weld 10 the suggestion of outsiders and direct us course
10 suit them His conclusion on the canon was tast the
authority of the Bishops was at the most only concur
rent The Diocese of New-York. II was said, d'd not
claim their right OF prior trial The canon was passed.
Bishops made their presentmenf and before CHRISTMAS
the tral was the Diocese OF New OK nad me
thing TO do again they would claim tue rign we
now csim and they only regret that they DID not oesVs
But does the course taken by the three Bishops pre-
chde cur sctit now He appealed TO the letter OF the
Bishops and construed that they also udg ID thar
biocese is generally expected to make tiai before Any
action by the Bishops can take place. ms proves a'
the Diocese has the first right TO act and II eonIeiii-
plates Just such an investigation as we now propose
II is fearful thing 10 interfere with the power OF the
Bishop of a Diocese. Was the Convention oil lei'
Gerelict then in efusing to appoint Committee on gem
era rumori minister's conduct can be inquired into
by the Bishop on public ruinor, but Bishop cannot
thus be presented
In 1850 the Convention bad nothing to act on. la
lr5 no accusations maze, and though any gentle
men had charges which he withheld, supposing the
Convention would hold day longer, was the Conven-
ton at fault for his misconcepton
We then come to the question-are we right now
Suppose the Bishop had refused 10 call special Con-
yentiCp would Ii have deprived this Convention OF any
of its csnonical rights The investigation could not
come before the special Convention, because IL was
but presen,ment Has this Convention ever before
had an ,porunity investigate the matter. This pre-
seutment furnishes the rst, and we have now an au-
thorty for investigation.
But il is said il ~ili be improper interference win
the trial of the Bishops. He thought not Ii was such
course as Justice would dictate The Diocese of New
Jersey was an independent and complete body. We
have only surrendered certain rights the General
Convention by joining IL And we are to go on and
perform duties TO ourselves, without inquring
whether the House Of Bishops have done right and we
60 It without any disrespectt TO them.
In restion To the question as 70 public opinion being
raised by this investigation he said that the Conven-
ton should consider the charges subsrnsted, they
would also make presentment, and the House OF Bish-
ops would have two prcsentmen instead OF one to act
on and il the Committee should report that they did
not consider the charges well founded he had better
opinion of the wise Bishops than 10 suppose they would
go on with the deliberate and responsible opinion Of
Diocese OF NewJersey before them as ID the Bishops
innocence Adjourned to Az sclock
ff0ROoa PgocfsdiaSs
~ M-Mr Walter Rutheriud said the Conven.
ton must his ignorance OF the document which
this Committee be appointed b consider as Il
had been refused reading although the reading a.
though the members who drew the resolution knew ts
contents. lie recommended honest difference OF
opinion and friendly discussion la answer TO the ar
gumept of Judge Ogden that should not yield to out
side pressure he read from Timothy Let him have
good report of those who rithoat"
He argued thai the Constitution OF the Church In the
L. 5 prescribed the mode Of trying Bishops TO he only
by Bishops. The hid been admitted conferred
at least concurrent Jurisdiction the Bishops, aud
they cannot Try Till the Diocese has made presentment,
how are they to reach an error for the Diocese
may sustain lis Bishop. Butwould its failure to present
estop the Bishops from their rightto try,
There was safer wiser tribunal than the House
of Bishops one to which we should be more Willing 10
leave our Bishop Suppose the Diocese should make
different presentment from that of the Bishops, will
prevent them from trying heir own He thought this
course proposed was likely to impede the safety OF the
Mr. VIM Halstcd said that he looked 4. the question
In two aspects-and in one view he might be said to be
a house divided agans, itself, for as lawyer he would
give one opinion but another. He accorded
entirely lawyer with the construction put on the
canon by the gentlemen who opposed the resolution
He agreed with Judge Ogden in one point lie was un
doabtcdy correct 10 saying that the three Bshsps and
the Convention had a concurrent jurisdiction But II
the argument drawn from this Is, that the Convention
have right TO impede presentment already made by
the Bisheps he differed nom him totally. Here In
this County 500 Justices of the Peace, peresps An
made 20 one and he takes jurisdiction and
Issues his summons. Now, adversary 60 to an
other Judge and get summons and preclude the first
from holding a triall Can this Convention get up
kind of investigation and preclude trial by a Court
already prepared for III
In relation 10 Judge Ogdens answer 10 the argument
that the Convention of New-York did not claim their
right of trial. because the canon had Just been made
he said that injustice had been done to Bishop Onder
donks able defenders He paid high tribute to ID. B.
Ogden who would not probably have overlooked so
vital matter He mr. H. could not see any discria
nation in the hetween inmOralfy and leresV--
Neither did he understand the remarks about the indie
pendence of the Diocese, being unsolicited 70 tho Gen.
eral Convention and the laws OF the United states
which regulate It, II he ierstood the constitution of
the church, the colonial doeesss 0fshoots from
the Church Of England.
That church was divided into different dioceses, but
they not independent, and we followed the same
Constitution As lawyer, therefore, he must say that
the resolution ought not to pass But, as man, he
must ssy differently. He was glad to find that ma
jority of the Conventon held the same opinions now
that he held In l549 when he offered resolution OF in
quiry, which was thrown out unanimously. He went
for such inquiry then, the friend of the Bishop
He did now. lie wished to know what Judge Ogden
meant by saying that he whit for justice Did he intend
to have full investigation, or parte committee.
Did ae intend to allow witnesses ia be summoned aud
crOssexrmiDedl
Judge Ogden interrupted him 10 explain, and the
Bishop said that the resolution should answer the
questions.
Mr. Halsted proceeded. He understood the resou.
lions. But he wanted to know If the resolutions would
carry out justice.
The Bishop said that If the gentleman bore any other
name than he did, he would have called him to order.
Judge Ogden said he meant have the fullest inves
tigation
Mr. Halsted wished to know II the Bishop had right
to interrupt him whenever he pleased. He had the
oer and the Bishop by parliamentary rule had any
right TO interrupt him. II there any rule of Con-
venton that gave the Bishop higher authority than him
self when he had the floor, gave him the right of
having the last word every question, ne called for
the reading Of
The Bishop said he should have called him to order
II he had not considered him chartered ioertine
Mr H. said he knew that was his opinion and that he
had taken opportunities to Willy and traduce him. lie
had paper witA him Cries Of Order, order"l
Mr. H. proceeded 10 demand on the investigation full
hearing and that the Witnesses OF the three Bishops
should be called Tie offered amendments, providing
that full investigation should be made, not only of the