, 1873-06-15
Present Aspect of the Cele-
brated Cheney Case:
Some New and Important
Developments.
The Rev. DR.. r. ". Patterson on
sour Indian Policy."
Interesting Extracts from the
Religious Press.

Programme OF Services in the
Churches To-Day.
Episcopal and Roman Catholic
Calendars for the Week.
A Variety Of Interesting Religious
.~' Beading Matter.
The Cheney matter has recently come again
to the surface under circumstances OF more tnan
ordinary interest. In May, 1872 Messrs. Calk-
ins. Jameson. and Cleaveland, who owned Pe"s
OF marta Of pewe in Christ Church, filed BILL III
chaucery against the Rev. Dr. Cheney and bis
wardens aud vestrymen, praying an an]uncIon
AGAINST the further ministrations Of the former
in that church, because, IS they alleged, Dr.
Cheney had been deposed from the ministry
Of the Church of God" The defendants filed
answers, denying, among other things. the le-
sality Of the alleged deposition Upon the eissue
raised on this branch OF the case, the proceed
ines of the ecclesiastical tribunals are liable to
be reviewed BY the civil courts for the purpose
Of aseertaining whether there was ever any &c
c'esiastcal tribunal at all, and, so whether it
had jurisdiction OF the subject matter and Of the
perEon The complainants' counsel proposed to
rut of this branch Of the Investigation. by es-
tabliahug the proposition that, in the Protestant
Episcopal Church in tha United States, q Bishop
possesses tho power, inherent in his Office, Of de-
posing and suspending his p1esbyters, and that
therefore no matter whether DR.. Cheney had
beap economically tried OF not, nay, eren il he
bad not been tried at all, the validity Of the een-
teuce could not be inquired into hy the civil
court. On the other hand, defendanta' counsel
tnsista that if presbyter has had no trial. or il
It trsnBpires that the reverend gentlemen who
undertake to try him, do not constitute q court,
which is equivalent to no trial ct all the proceed
ing is wholly void, and SO is any sentence based
thereon. Upon the question Of inherent author
it, the complainants have already adduced much
testimony, and the defendants expect to do the
same. Bishop Whitehouse testifes strongly In
favor Of the possession by Bishops Of power
lure divine to bind and loose-to depose and sus.
pend and with him, the Rev. Samuel Chase, D.
D., substantially concurs. As the Bishop set the
prosecution in motion, and Dr. Chase was one Of
the presbyters who insisted on acting as court
altar one of the panel Of five originally selected
On behalf OF the accused failed to appear, the
complainants naturally sought additional eyi-
dence, and have taken the dispositions Of Bishop
Thittingham, Bishop Odenheimer, the Hon.
Murray Hoffman, Or. Fulton, Dr.. Seymour, and
known as the perpetual curate ~, who wns
for some years editor OF the Church Journal.
OF these Witnesses, Bishop Whittingham de-
clines to answer the questions, on the ground Of
ae .oould be necessarily subjected to; Judge
Hoffman declares the sentence Of = Bshop. pro-
nounced upon q presbyter Hho had not upon
tria1 been found guilty Of any offence. would be
absolutely void but Hopkins is confident that
eaaonical or not. Bishop Odenheimer, upon
cross-exnmination, states that the Church
g. as. E9ssaa bavg l. tho seaSRss q
Government, is situated substantially as the
Episcopal Church in this country, and where in
such colonies it is not attempted by tho letters
patent appointing Bishop to impart coercive
Jurisdiction, suoh Bishop has the same authority
Is Bishop in the United States, and the latter
no more tlan the former.
Judge Hoffman eayB he has not examined the
subject sufficiently to form or state III opinion.
John Henry Hopkins insists that it is no matter
how that iB-
The importance of this point to the defendants
Is obvious. long series of decisions has set
tied the 1.w, so far as the Church OF England is
concerned, that Bishop cannot exercise eoer-
rive Jurisdiction except as empowered 80 to do
by the laws of the State, or the agreement OF
the parties; that in such respects be does not
Act iatdte o17cii. 4 sentence OF suspension or
deposition cannot therefore be inflicted except
in accordance with the provisions Of the law or
the agreement. and that in all cases the presby-
tar must receive legal or canonical trial.
Among the questions propounded BY Mr..
Fuller in oross-examination OF Bishop White
house and Judge Hoffman, was one as to the
effect it would have upon sen1ence OF deposl.
Bishop we're himself deposed for prOnOuncing