Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1853-09-27


der any such acknowledgment oi error as the re- |
spondent was willing TO make.
The committee then conferred with the respond
ent who expressed himself quite ready TO ac-
knowledge, as he had already done 10 come ex-
tent in open couri, such error as his conscience
accused him of. The result OF which conference
was the paper embodied in the preamble and or
ders now submitted as a basis of a settlement OF
this vexed and painful question.
T. c. BRowaELI, JONES A. OTRY,
LEoyIpAs Polk, STEPHEN ELLIOTT,
G. w. FREEMAN, JOHN WILLIAMS,
JONATHAN WAINWRIGHT.
The presenting bishops put in the following
paper which was placed upon the record, and
the motion to dismiss was then unanimously
adopted
To the Court of Bishops: The presiding bishops
having been informed bya committee OF the court
that proposal is now under consideration to dis
miss the presentment, upon the several grounds /
stated in report of the committee, the chief OF
which is certain acknowledgment on the part OF
the Respondent do represent TO the court that the
exclusive right Of Withdrawing the presentment
is with the prosecutors; that the only legal mode
of dsmissing those charges by the court is TO try
them BY the evidence; that the prosecutors stand
ready with their evidence TO enter on the trial
which they have contended for, aud they feel
themselves bound 10 ask that the court will call
oil the respondent 10 plead guilty or not guilty to
the presentment.
With this statement Of the legal position of the
prosecutors, as representing the executive OF the
church in this case the undersigned are prepared
to abide by such action as the court may take in
the premises,
lSigned) WILLIAM MEADE,
CHAS. p. McILVAINE, a
GEORGE BURGESS
Two resolutions were also adopted, denying
the RIGHT of diocese to interfere between its
bishop when presented by three bishops and
the court convened for his trial, and declaring
the canonical and moral justification OF the pre-
senting bishops.
Whereas very serious embaarassments have
been thrown in the way of the action of this
court by the postponement of the trial of the
original presentment, and afterwards by the
decree and order of the court of bishops which
assembled at Camden in 1852, and continued
its sessions by adjournment at Burlington, to
wit:
Whereupofl il was decrced that, whereas previ-
Gus TO the making of the presentment now before
this court, the convention OF New Jersey had IN
vestigated most of the matters contained therein,
and had determined that there was no ground for
present ment, therefore
". Orercd That as 10 the matters thus acted upon
by said convention, this court is not called upon
10 proceed further
which decree and orders have been pleaded in
bar to the trial of the present presentment; and
whereas, the convention of.the diocese OF New
Jersey has through committee OF its most in
nuental and honorable laymen, satisfied itself
that whatever may have been the imprudencies,
in word and act of the respondent, there was not
intention of crime or immortality on his part
and whereas, the diocese of the respondent is
now engaged in raising $l35,OO0 for the release
Of all embarrassment of ST. Mary's Hall, Bur
lington College, and Riverside, the surplus in
come of which property, when thus released, is
to be annually applied to the liquidation of the
remaining debt of the respondent, and whereas
the respondent comes into court and says:
B1sHop DoASE's ADMIssIoSs.-The under
signed, in prosecuting his plans OF Christian
education, in connection with st. Marys Hall
and Burlington College, found that the ex-
penses of the enterprise greatly exceeded his
calculations; while the assistance on which he
has confidently relied, perhaps too sangnnely
fell altogether short of what he deemed his
reasonable expectations. In this condition OF
things, being entirely alone and without advice
every step which lie advanced involved him
more and more deeply in pecuniary embarrass-
ments He admits that he made representa-
tions which, at the time, he believed to be cor
rect but many of which turned out III the
event, to be erroneous.
He was also led, by his too confident reli
ance in anticipated aid, to make promises which
he fully expected to perform; but which, expe-
rience has taught him, were far too strongly
expressed. He was also induced, for the sake
of obtaining money to meet his necessities, to
resort to methods, BY the payment OF exorbitant
interest on loans, which he did not suppose was
in contravention of the law, and which com
mon usage seemed TO him to justify. He also,
in entire confidence in his ability TO replace
them, made use of certain trust funds, IN a way
which he deeply regrets; and although they
have long been perfectly secured, does not now
Justify.
The embarrassments here referred to were
followedby long and well-nigh fatal illness,
which, withdrawing him entirely from the bust
ness which he had carried on alone, was mainly
instrumental in the entire failure of his pecuni-
ary affairs. The perplexity arising from this
failure, with the protracted infrmity which fol-
lowed his sickness, made him liable to many
errors and mistakes which might easily bear
the appearance of Intentional misrepresenta-
tons. In connection with the assignment OF
his property, he set his name and oath to an
inventory of his goods, and also to a list OF his
debts, which he believed to be correct--an act
which he grieved to find had given rise to an
| impression i'll the minds of some that he ex-
hibited an insensibility to the awful sanctions
| OF the oath of a Christian man; but while he
laments the impression, he declares that this
act was only done under legal advice, and in
the firm conviction Of its correctness
| Some time after his recovery from the illness
| above alluded to, but while he was still In the
| midst of his perplexities, smarting under his
heavy disappointments, and wounded by the
imputations to which, in some quarters, ne was
| subjected, the letter Of the three bishops came
! to him. He has no disposition to ascribe to
them any other than Just and proper motives
| in thus addressing him, but at the time when
he received the communication he received It
otherwise, and under tho strong excitement OF
the moment penned pamphlets, part OF whcn
he does not now justify, and expressions in