North Iowa times. [volume] (McGregor, Iowa) 1867-current, 1869-08-11

an opinion was over.ruied, az we'll as all
the motions made by his counsel that
Mr.. Cheney was in the receipt Of g, 500
and house rent that he had qualified
himself for the ministry and was now
about to sustain 'irreparable injury" the
Judge Says: y
lie has no sufficient remedy at law when
the term has expired for which he is en-
gagged, for the loss of his position as a
minister. He is driven forth like Cain
with the mark upon his forehead, and it is
the duty of all good churchmen to shun
him as they would the evil one himself
Now, an injury Of that kind is very far
from being slight injury to the temporal
interests and rights of property of party
if am right in. surprising that there is
such thing as value in the right to pur>
gospel. Without going into other ques-
tons which have been raised in the case,
! am prepared to rest my judgement upon
this; of course, understanding very well
the fallibility Of NY own judgment, If l
am in error.
1t has been made my duty, however,
without my own choice, to intervene in
this case. The rules have been SO often
laid down, long years ago, by the ex-
Founders Of the law, that have no right
to say that it is painful case, but it is q
case in which would gladly avoid doing
my duty. 1t is my pleasure to be yes
tryman Of the Episcopal church, myself,
and to attend upon the ministrations Of
that church, and, Of course. it is particu-
larly painful to me to intervene between
the bishop and a clergyman of that church.
Whatever the consequence, however, it is
not my duty to shrink from it. The result
is that this tribunal ought not to proceed.
Y The Bishop objects to having the pro-
ceedings of his Court examined. The
Judge: = soaa ~ st 5@A
1t cannot be true that court, declining
to be examined as to whether it has COM
mitted itself to the innocence or guilt of
the accused, could 60 on and try him
without giving him any note of warning
in advance Of what he is charged with,
the offences, the times, and place, and
circumstances. again express my aston
ishment that four or FIVE gentlemen of
intelligence could be found in this diocess
who would undertake to proceed in that
way. There is not civil tribunal in the
land-not case in the country since the
time of Scroggs and Jeffries-in which
injustice so great has been attempted.
That is my judgment. The injunction,
therefore, Is sustained.
Bishop Whitehouse caused to be read
an immense protest embodying more &c
classical assumption than we can digest.
He reminds us of Cardinal Woolsey in his
once lofty flights of sacerdotal Importance.
His ideas are embodied in the following
resolutions, adopted by the Assessors of the
Fec. Court, lately in session. The Assess
sors protest against Judge Jameson's sins
reference" in their inquisitorial matters.
Read this modest ~ protest: a
81. That civil courts, as such, cannot
and ought not to interfere by prohibition
or injunction with courts spiritual or &C.
clesiastical, in any manser whatever"
"2. That courts spiritual or ecclesiasti-
cal, in oil their proceedings, are governed
not by canon only, but by usage, and that
usage, in matters spiritual or ecclesiasti-
cal, derives its origin from the same source
which prevails to the same extent that
common law does in civil matters"
50. That civil courts, as such, cannot
and ought not to assume or exercise revi'
sorry powers over proceedings in spiritual
or ecclesiastical courts, in order to set
aside their verdicts or reverse their decis-
ions, and that in all exercise Of any right
Of inquiry that may exist in respect to
civil or property interest after final decis'
;or~js- nod IN. fhesa 1880 OWL courts arc
bound by such construction and such in.
depreciation as spiritual courts may de.
termine and settle.''
There you have it! "Civil courts are
bound by such construction and such in
depreciation as spiritual courts may de.
termine and SETTLE" In government Of
civilians the religious decisions of our,
THUS saith the Lord" friends are to be
dominant ! Did the civil courts take cog.
nizance of the Methodist Book quarrel
years ago?
"All Hail, Religion! Maid divine y bu,
give us the humility of the Saviour and
the sublimity Of His teachings rather than
the tyranny of men whose scheming for
Power is more transparent than their ex-
ample as christians!