, 1874-04-05
THE CHENEY CASE.
Sketch of the Evidence and
Arguments Of Counsel.
What Dr.. Tying and The Rev. Iii. Kinney
Think Of the Two Parties il
The Episcopal Church.

4
Omissions from Services Toler.
ated.
Tbs hearing Of the case Of Calkins vs. Cheney,
Of twenty-fonr days duration, Was concluded on
Saturday, and the matter taken under advise
mcnts As this is in fmany respects = cause
celehro. We give below an outline Of its leading
features:
In the summer Of 1869, the Rev. Charles Ed
ward Cheney, Rector Of Christ Church, Chicago,
was
PUT UPON TRIAL
before m Ecclesiastical Court, composed Of the
Rev Samuel Chase, D. D., the Rev. Henry N.
Pierce D. D., the Rev. A. H. Snyder, the Rev.
T, N. Benedict and the Rev. John Benson, Sc
lec.ed under the Diocesan canon providing for
such proceedings, upon tho charges OF VIOLATION
of tie Constitution of the Protestant Episcopal
Church, establishing Book OF Common Prayer,
Offices, articles, ETC., and prescribing thas no
alteration or addition should be made therein
or thereto, except Mt two sessions OF the Gener-
al Convention Of that Church; and slso OF rio-
lation of his promise to conform to tho doctrines
and worship OF the Church.
On the second day OF the trial, and before any
evidence Was taken or heard, the proceedings
were eujoined by tho Superior Court Of Chicago
The case in this Court was carried by appeal to
the Supreme Court, and the decree reversed IN
January, 1871. The ecclesiast:ch trial was re-
Bu1ncd in February. In the rneaDtime, however,
the Rev. Henry n. Pierce had been consccrated
Bishop of Arkansas, and did not and could not
appear a. member OF the Court. The accused
thereupon objected to any further proceedings,
rDon the ground that he could not be tried
by four Presbyters when the canon Sc
cured him the right Of selection, and
this had been made to the number OF
fy2. Tho Rev h1essrs. Chase, Benson, Bene-
dict, and Snyder went on, neTertholoss- and
found the respondent gnilty, anil sentenced him
to suepension until ho could promise to conform
in futurc, and express contritic'n for the past,
which sentence WE soon after pronounced by
| Bishop Whtehouse. Afterwards, DR.. Cheney
officiating notwithstanding the sentence,-he
was again impleadcd before ses ond Ecclesias-
tical tribunal for disregardng the prior sentence,
and found guilty. and sentenced to
DEPOSITION FEoM THE MIN! sTRY;
which sentence wns prononncezi by Blshop
WlitehouHe-
The Rev DR.. Cheney still officiating under
a,np!oyment by the Wardens and Vestrymen OF
| Christ Church, who we're directed! to continue
his services BY vote Of the conErec lton. on the
28th Of May, 1872. bill in chancer7 was filed IN
| the Circuit Court Of Cook Count = By Messrs
| Calkins, cleveland, ana Jenniso d, 1nslsting
| taat the Bishop Of the Diocese OF Illinois had
| inherent power to discipline the CLERGY OF the
| Diocese, and that the Warlens and: Vestrymen
we're ru,lty W of breach OF trust in continuing to
permit Mr.. Cheneys nrinistrations, and PRAYING
| for an injunction. No averment Was maze IN
the bill that tho congregation of Christ Church
| had deyiated or departed. or that any portion OF
! LorJ lo,n
| TO this Bill some OF the defendants filed de-
murrer, and others remu1rer. After lengthy
argument upon the motion for injunction and
| tue demurrer to the bill, Judge Williams denied
| tue motion, and overruied tho demurrer
The defendants who had demurresl thea joined
| in the answer and
| TIE GAZE WAS BROUGHT TO 1ssuE.
The answer denied the validity ot the alleged
sentence upon D.. Cheney, and set up that tne
| property Of Christ Church was acquired and con'
| yeyed for the use Of the congregation as sucn:
| aud not AZ g gTegatlon Of tsle Proteata II
Episcopal Church that there are two great pa, ;:
ties in tile Protestant Episcopal Church, who
hold two diametricaly-opposise beliefs upon or
dete. sacraments, etc., and the rule OF the
| Church as whole, is the rule OF toleratinG each
school Of belief; and that this property was &C
| cumulated for the promotion of the v1ows OF one
! Of these schools VIZ: the Evangelical or Low
Church; and from the Doctrines, Discipline. and
| Worship thereof the congregation had not de-
| parted The inherent power Of the Biahop to
| proceed outside Of the constitution and c2nons
Of the Church was emphatically denied
/ MUCH TESTIMONY
| WAS taken on both sides, and particularly On the
theological aud devotional aspects OF the case:
For ite complainonts, the dispositions OF the
Hon. Murray Hoffman, Pro-. Seymour. Dr. ful-
I Bishop Kife, DR.. Dir, Dr.. Adams, john Henry
Hopkins, Dr.. Locke. DR.. Chase, Dr. Dean, the
Rev Mess1s. Kinney. Stocking and Townsend,
upon the general Church and theological qucs-
3%IS. 4$ kfnlar
Calkins, Woodruff. Jenniaon, Otis, and the Rev
Messrs. Cheuey, Knowles. and others, as to the
trial OF tie Rev. Mr.. Cheney, and the circum-
stances Attending the acquisition and situation
| Of the property.
Vail. Bishop Whit.le, Bishop Cummins, Dr.
Goodwin, b. Newton, Dr.. Nicholson, DR.. Iyng
Prof McEllinney, DR.. Powets, Dr.. cheney, IN
this country, and Of the very Rev. the Dean OF
Westminster, and of the Rev. Thomas W. Mose-
man. Of England, upon the Church and theologi-
cal questions, we're road and those Of Messrs
3IiIls, Phillips, Henry S. Monroe, q: c. Smith
and others, ia relation to the situation Of the
property, ETC., etc. ,o, ,,-
the witnesses. Judge Hoffman, DR.. Fulton,
Bishop Ode,lheiIne-, Prof. Seymour, anu Dr'
Locke, concu1rcd in declaring sentence pro-
uounced without trial as void and not yoIoaole !;
1,shop Whitehouse, the Rev. DR.. Stocking, and
Messrs Hopkins and Kinney, testified 1t would
be voidable only.
The defendants witneEses conceived that such
| q scnteuce would be void-Bishop Nall stating
it would bs in fact void, but perhaps Eoldable u N
effect for want of any means Of getting behind It.
A. to the omission Of words from the se1glces'
the evidence was chiefly in behalf Of the defend
ants.
| Dn. TING, 1R.,
| testified. on cross-e1amination, as follows:
In reference to my usages 1t has been my napl,
ever since have exercised my ministry, to oa't .6r
| rood aud su1ncieut reasons, On OCCASIONS OF pup
lie worship, parts Of the order Tor Aorn. ,
ing and Evening Prayer, parts Of tns ca lorn
| fop the Administrations OF the Lords supper
psrts Of the office for Infan. snd Adult Bsp11a' a
narta Of the Office for the churching OF Women
AMI The whole Of the Office for the Visitation ot tue
Sick. have the supper: Of The mace Of Eishcss and
Iyrsbyfers connected nth all scoo4s Of tbongAe :'
ali tie Moceses in the Protestant Erscopdl cAu;en.
f. 1od lie i'm possible to give all the nAned or
.r iividuals Who make tue ai:ailsr oln.s
s,ors to those which ars included in my p 4 EN
hshit. TO the 5ezt Of my knowledge md S?:es -
Thrill Of the rrosbyters In the city y: ~. NY
YORK are IL the nab.t Of some t1nli!:s Se11
a,niesous from tha Book Ct Common Przse,.
Such omissions arc tolerated in r1xls
~ liz h:soYlcl and doctsnol eoprthens7rtnkss n ~
| GhuTch, They authorized By the prevailing n.