, 1869-07-22


hentd on these preliminary question:
= Ny readin2 Of thst section Il that after thesa
tszueH are aett!ed, and after these preliminary
he i 10 meet; lnos ING the meneeSs q the eo1it
every preliminary being adjusted, then, when the
court meets u he une and p,see o. tIia1 lhero
facts and the Law involved By the facta
To come neases 2 IT, ! nave INDUCED II tnese
oSses,.;,o1s On the eap9n md have no doubt
lect, 70 show that II IVES tho hIe1tiou Of the
5ar9n IT. " shGs n1ssdsd for oy .ns
should sppeal 1or @ esantn1.aa. ~ 1esn4 selsers G !:
possible that thtre fs AM rails thai my friend Can
csieA upon nc OF tnf canon. anyxhcrn. thai
asSaa nSnn., 10 e she 9sst ah' ee iS
sny member d tho eosH and % every neaoe. Of
Tho court upon lhe ground Of want Of conpe-
tency, and havtlg shown that tho Intention Of The
csnen Is manifest, tLai MI THESE Pre- tutraiJ OBJ
i4ctIops should be considered before the rrt1i and
many days be;aTe tie !!1A; nov proceed 70
son: The B,sh6p snsll psrside upon tbs triai a.
fudge, and not le4S than three nor more thau tse
pesby icrs sha be ts asseseors TO TT the tacta IN
accused out 81 nit Of eight 10 pe furnished ~
Tho Riahop from among those cot,tled to teata II
the eopvenlon), who shal be nneonnecied via
rart.es u ,Ge p1csensmeat: and i ihs aeeuaed
thau neglect or fctusa to make hls 9eecnoo,
ne sta2d!ng Co:1mit.es AhAi 9eiee1 ,,iss ios
sitting on the traai, The tanIiur Eom1ousee taAll
designate eonse membc1a of the court 10 preside
N h1s steaa:' md hero let me EeM4r1-2nd Of
copfsc We I'll NEUTRALITY-SUSPICIOUS. unu Il ooEnt
70 hafe fcAd the citation ~ ny brother Odts did
Go1 read it} nArced the period Of sWtlve dAJx
I1efe Icing no provision on the subject Of the
TINE Wtth3n which the Aocuscd Wn2 called upou to
select ptder this section. We believed and silI b.
AeFc That tnc selection here spoken Of ynS intend
ed 70 bc akin TO the right Of percnptoyy challenge
a. common law, that the selection Of Qve OF the
e!Est Eaa the exclusion Of thrrc; Inft the 9elec-
uon Of rhrea Els the pc1tmptarJ chaucuyc Of nrc
and fhAt tCssa.nA me In my Original proposition.
that tbs Canon wss intended TO be gpreipcd hT
the principle, the rEles md the reason Of the com
mon Law.
san knowing that different Etev1 hare beea en-
tertaIned hoo1t th1s canon, and having under.
9opd that, among oancA, the Bishop OF the d1o.
cese-whose OPINION was entitled to very Erca1
weight. NOT only because he was Bishop Of tho
dcceee, but account Of hla VERY great ability.
md In such natter. perhaps more than o othe1s,
-pnderstandtEG that mis- opinion WIS u II The eight
presty1ess could not be called Upon TO appear.
wrote him trhSt Il. my associate, NJ Kiea, uad
uysel{ wru,c hirnl 4 iettcr upon ths S7oltct r1:h
s3!cW Of cbtslnibg the Information no desired
Nttnuut petrE compelled to Eaisa thc obtec$ioa
On he argument. He stIJ. kindly. IN
epsFer TO That letter, which WEE Of nj informal
character, ecut me inc Journal OF the ASflth
annual corrept!on for 1858, With his gfaiement
md It vas equtealent 70 declining our r7oposuon.
stating tA1S h!s vieH8 would be found thefa l
have cxar.ntd them and an very uaca obliged
10 h'rn for his Kindness in the premises Tae
proposition TO him WIS that We should inquire, By
Letter, Of TIC pc1.ons nominated, upon Tits poots