Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-02-26
The TYng Case.

Not to anticipate the decision of the tribunal b.
/ fore which the Rev. Mr. Tying has Just been ar
raigned for the alleged offence Of preaching in the
| city Of New Brunswick without the permission of
the other Episcopal clergymen in that place, We
think we may safely say that his trial. and the cir
cumstsnces attending it, have made two points very
/ plain. First, Mr.. Tying did, beyond al question,
violate the letter of the canon which forbade him
preaching within the limits of another clergymans
parish without permission; and second, he is sus.
tanned in doing SO by large body of the Episcopa.
ians, both laity and clergy, in this city and vcin
! ity.
The first Of these points has been tactily admitted
/ by Mr.. Tying and his counsel from the beginning
/ By requiring the compliments to prove the COM
mission Of the acts complained Of, the boundaries
/ OF the city Of New Brunswick and tho location of
the building in which Mr. Tying OBLIGATED, they
fully conceded the effect Of such proof to convict
him of at least technical violation of the canon
law. If this not 50, thoy would have at once
admitted the facts, and proceeded to the argument
Of the position to which they finally were Obliged
to confne themselves namely that the spirit of the
canon does not as its letter does forbid his preach
ing as he did. This in fact, was the only oourse
ieiS s!ss:,- No candid man reading the canon
FOR the first time, and finding in it repeated refer
ence to city limits and parish boundaries could for
moment doubt that parish is a geographical di-
vision, defined by metes and bounds Gko a 6ald
village, or city; nor, when it was shown that Mr.
lying preached IN certain place included within
the limits Of parish, that he preached within that
parish. The attempt to show that the people only,
and not the territory constitute the parish is one
which, however creditable TO the legal acumen Of
Mr.. Tyng's COUNSEL and however supported by the
practical approval of other olergymen, has no Jus
tlhcatlcn IN common sense. The canon as clearly
refers to land, and not to souls, as language can
make it.
On the other hand, that Mr.. Tying has, in the eyes
Of great many Episcopalians, committed no real
ofense, is shown by the applause with which the
ookeron at the trial greeted every point and every
speech made in his favor; by the letter Of Mr. jay
Cooke TO the court (the writing Of which, by the
way, pending the trial, very discredtable act
on his part); by the testimony Of the clergynen
placed upon the stand and by the public defence
of the accused made by his father, the Rev Dr.
Tying, in ST. Georges Church, on Wednesday even
ing last The sentiment Of all these persons IS IN
mistakaby, that clergyman's duty, well as his
nght Is to exercise his function of preaching the
gospel whenever and wherever he can find hearers
without regard to the geographical contieuity of
other preachers and that so far as the canon law
restricts him in so doing it will be- and ought to be-
disregarded.
But, on s review Of the whole case we see no |
reason to modify the opinion we expressed some |
weeks ago that Mr.. Tyngs course in the matter mas
not been one as becoming his position as sn ordain
ed priest OF his church as it might have been II
the language Of the canon which ocoasioned the |
controversy has BEEN by usage and the lapse Of time
rendered imperative to express its true acceptation
be should have taken the proper steps to have il /
changed BY those who are authorized TO change IL /
IT, agan he desired 70 test the question Of its con-
struction be might have done so by some act which
would have shown that desire, without placing him.
self in the attitude Of a schismatc. Then, his rep
utatlOn, whether the decision we're against him or
in his favor, would have been equally intact with
his opponents and with his friends; but now even /
an acquttal will not exonerate him from the charge
OF having shown wilful disregard of the written
law 10 which his obedience is due-E J. Sun