Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1869-08-13

ii.c!lrliy tac most interesting legal paper We
h.v- read .os ling time is the opinion Of
Ig're Jane. .n of rhe Supreme Couri ID Chi
cl1a. sa eu npalics his decision in the
case. ,iras''y. Of Bishop Whit house ct Illinois
r.. % Ge,. Mr.. Cheney. qu Ep.-- pa rector in
Chicago. cur rcllers viii I,uhtl.-- r,me11er
tie o.,a-t t.r U',iei Was proposed go ny Linn.
a.. i.i Doe guilty. sa .r wa- sab Of dropping
The u.ri- ' .ee,nc-ttc '' and &c rc-cn.rltian' 90
q 20 r.- ul----na otT.e rh-. De had lone
h-tH-. ai- conscience uoul MT allow him to
,ma.g Jacm II. md also been s., obli,ious Of
L.- -.,lr..ns ry his High Church bishop. ,S 90
~.s4 , bow Church petition or memorial. looking
'o1sr.i- % rc,i- ior nf the Prayer Book Bishop
Wa',~o1-c. desiring 20 ria his diocese Of heresy,
.r,...l-i q c.ar- aud -ummouei his pre,hyter
.fsl.- There -r,m~ TO De no doubt tina, the
court va -ar-.a...l 90 e5a.ict'' Il consisted
&C d.r ia..- .,.ic ih- canon say- the bi-lop
sai.. cn'.-- ,.l.' .aeu Gau whom the accused
shall h.'a .r light Co select five. aud besides. it
give t'a, r-s.'y Dig. m which TO make this
ee..c.'o t.i ,eiu.r> q thirty days .tice Of
che ,i-I Z. '4- ease the whole time. iuc.nl-
ing au extension .,r,u-ei by the bishop. was
only seventeen lty~ The bishop l. said to
have '1'.a.'vi thi; she trial could have only one
r,-it,-jep'- t..u. aGI this for the reason that
no Hpe 100 'he G.cese OF Illinois would be
ra'aaere.t -o SIT mp "a That court At al. as Judge
OBJ trie-. oHo had -i,.el certain protest. in
~'.- ~4- u'ai % t.c ,esy question a, f-,ue
%. l..- ease l..'yrl, Mr. theuey's offence con-
SIC t.. n... DOB ,'r IA that Doe Ind signed tbi.
p..s--t z ,.> ..r these reasons that the right
Of --.al u-r aaay- granite 70 the accused in
e...l s.urs-7as here denied To quote from
Jai-e l-uesou- &c this ri-ht was wrongly. even
opgre--i'ey oecrrulel. There is probably not
in THE World "a misunderstanding not civil |
tribunal and doubt if ever before there was a
court Christina, that overruled summarily an Oh
iestiau Of th.- kind The right Of challenge Is a
common right that cannot be reuouneei or
taken away
The canon also provides tina, the bishop may
institute proceedings against d presbyter upon
information obtained from any one Of three
a majority Of the vestrv Of the
church. from three presbyters, and from private
rumor. This rule was held by the Judge to be
exclusive the bishop had no right to proceed
outside the canon. The Episcopal commission.
however, by virtue Of which tie court ecclesiss-
teal was constituted, purportei to proceed upon
- credible information = be had been 9. eyedi-
bly, informed 50 and 50. Clearly they had no
right to exercise juristliction in the preu;sss
They stood upon no proper fDanlstion. As we'll
iays Judge Jameson, rnisht the 6rst five men vbo
should come together in the streets saw 81 usr. ,
Charles l. Cheney has been guilty of an oaepo,.
against his church we are court. and
try him. Will
Inc presentment, tco-the paper
responds to an Indictment in IT. winch cor
aw-was deemed insufficient al at common
irawn, without specifcati, " was 90 loosely
circumstance. or nam, IN of day, or place, or
g Of witnesses, rs TO make