The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1871-09-21
,EIIc Bishop asa Sheriff.

Yesterday afternoon in the Protestant
Episcopal Church of the Diocese of Him
DIS, the Cheney case wa, rcopcncd; and,
despite the positive statcm nnts of Bishop
NLItehouse to the contrary, he caused to
be introduced Il series Of resolutions ini-
tiating legal proceedings to recover Christ
Church property from the people, who
subscribed the means to erect the church,
who buht it and who own it. This action
will take the great majority Of the commu-
nifty by surprise. The Bishop has frequent
ly declared that lie had no intention Of in
tcrfcring with the property of the parish,
even if he saw Il practicable method Of
doing SO, and force was given to this assur-
ance by the fact that even If he did succeed
in Wrestling the church cdiiicc from the pco-
pie Of ChrisC Church parish, certain mort
Cages, who have the first lien upon the
property for debt contracted by the parish.
will relieve the Bishop of amy aolicitudc
upon the subject by disposing Of Christ
Church property under the auctioucer s
hammer.
The ground upon which the Bishop
claims the property, and which is expressed
in the following resolutions adopted bv the
Diocesan Convention at the last dav of its
meeting, which will be found below. is the
same as that indicated in the beginning of
the controversy, but which Bishop White
house has taken especial pains to disclaim
namely, that the wardcns, by their ac-
tlon III sustaining Mr. Cheney, have divert
ed the church property from the uses for
which it WIS intended. 1t is claimed that
several legal decisions rendered in similar
cases VIII furnish the precedent upon which
the Christ Church controversy viii be IL
nally settled by the civil courts of Illinois;
and the latest action Of Bishop Whitchouse
indicates that he means to establish the
legal premises upon which the decision
shall be reached 10y assuming that the civil
courts will recognize.
First, the legality Of Mr., Cheney's trial
and deposition.
Second, the ownership of the Bishop is
III all the property Of the Episcopal Diocese
Of Illinois, no matter by whom this proper
ty was accumulated, in whom the owner
ship Is registered under civil law, or
whether, under the ecclesiastical law, it
was ever placed under the Bishops iuris-
dicyion.
The resolutions read as follows:
" KeSOtred, by the Convention Of said
Church in the Diocese Of Illinois. now here
assembled that legal proceedings shall be
taken to prevent the further diversion and
maladmlnistration of the property and
revenues Of said parish Of Christ Church
Chicago, and TO effect the rescue of the
same for their legitimate and godly use:
and the Chancellor Of the Diocese is hereby
requested to institute any and all such
proceedings and in such name or names as
he may deem necessary or proper 10 this
end.
"Rsso7,c1 ftuttcr, That a committee of
three laymtn, consisting Of George Il.
Crittenaeu, c. l.. Larabee, and u. ".
Page, be, ana hereby Is, appointed, who
in connection with the Chancellor of the
Diocese, and under the authority and as
the representatives Of this body, shall have
the care and charge Of all matters pertain
ing to such legal proceedings, and shall
make all necessary provisions and take
necessary steps for the prosecution of the
same.
It would seem as if the convention a.
ready anticipated the consequences OF test
ing the legality Of Mr.. Cheucv's deposition
in civil court by the character of a reso-
luton introduced by Mr.. ). c. Judd, and
SN'IiSNtA " NEt ttHNtN ION WITH ONLY
two dissenting votes. Mr.. Judd resolution
shorn Of portion Of their yerbiaee, they
amount to this: Whereas, by E9iscoral
cannons 1t was necessary to try rreSllv-
ter by either three or i've assessors: where
a, MIR. Cheney was tried by four asses
sors, therefore tried Illegally: AMI whereas
II Is now necessary, in order to make a
civil court recognize the validity II Mr.
Cheney deposition rs 4 result of his trial
therefore resolved, that this convention
asserts the legality Of trying :, preSbvtcr by
any number 81 assessors, 81 whom a major
~ shall constitute a quorum. Resolved
further, that TINS construction of the law
shall apply T. al things past as Wei as
present and future.
The meaning Of ali this. stated in the
ieFSest possible words, Is that the eonyen-
ton has passed an q post facto law, and
assumes that the civil courts viii rccog-
nee such legislation in the decision Of a
civil sat. MIR. 5. {. Judd ss.. very a,tatc
lawyer.