, 1874-08-16
,,d The Second Trial Was Void Since
It Depended on the First.
rrharofore He Is Still Technically
in the Episcopal Church.
uhpre Civil Courts Will Criticise Ec-
clesiastical Ones
An Appeal to Be Taken.

1rtre MlluaLlS utl1ftleQ uB QECI91Qn ye6teT
Il. ,tternoon IN tue case Of Allen c. Calkins e
:, Ys, the Rcv. c. E. Cheney ct al. or, as it j
Generally called, 1.-The Cheney case" Besidel
~ Aa,ttorneys in the case. only few person
xpre present. As it is over Two years since tn
HI tas fled, brief history Of the case may no
le smi5s.
n THE SUMMER OF 1869
es Rev. Charles Edward Cheney was put OF
.1L before an Ecclesiastical Court, com.
nosod of five members, On the gen
eL charge Of vol ting the Constitution
6, the Protestant Episcopal Ch1rch,
1hich, among other things, established Book O.
Coumon Prayer. ete,. and prescribed that no al
ssr,nous ut additions should be made thereto
NJ, Cheney had repeatedly, in accordance with
lis CONVICTIONS, omitted the word regenerate
tun the service at infant baptism. this tenet
efiafant salvation. or the saving efficacy OF in,
t,nt baptism, was one OF the doctrines Of thu
Protestant Episcopal Church. 10 deny it WEI
% elter tue services as laid down by the Consti.
tzion; it was asmorsover to place tho pa1ty guilty,
n antasonsm to the Church. AID render him
tuepsble to Its authority.
THE COUNCIL
MS therefore called to inquire into the matter.
1he proceedings we're, On tho second day Of the
tt,1 enioined bv bill filed in the Superior
Court An appeal was taken, and the decision
d The court below reversed, and the Eccles1as-
tnl Court allowed to proceed
Subsequently, and in 1871,
SENTENCE OF SUSPENSION
TN rendered against AIr. Cheney, but time Was
given him to ret.act and confess. This he re-
fused to do and a second Ecclesiastical Court
su hsld, which, On tho 4th of May, 1872, gave a
SENTENCE OF DEGRADATION
from tha ministry for his CONTEMPT OF the sen
it sboul1 be stated, aud during the time the firat
eoa1 wss erloiued, ono of the members Of that
eor1ss tue Rev. Henry \. Pierce, was consecrated
Bishop Of Arkansas. At tic resumption Of tho
taain 1871, Mr. Pierce could not appear ~
psnlber OF the court. Notwithstanding A1r.
Chsaey's objection TO the proceedings on &C
ce1ot Of Mr. Flerce's absence, the remaining
Cfmbers went OIL with the trial, aud leudereQ
fgdlct as above stated
Ga tic 18th OF Ma 1872, tie bill in the present
n:s mas fllel in the Circuit Court BY Allen C.
tlteilus and two other members OF Christ
harch, against 1tr. Cheney and the trustees. to
nsse'it the former from further using the
E1unh OF f,Ireuna.o-
Tia defendants answered alleging the invalid
i Of the sentence OF suspension, aud tho con-
seqasnt nvaliGltS OF the seItancc Of degradation
stra vas founded upon it, ouaccouns Of the
OF the trial with ouAy four me,n-
tls, instead OF the full number of
i've. kad also alleging various other irregular
sita. Previously, however. demurrer lad been
led to ,he bill but oyerluied, aud the case was
Fnt 1t lssGe On the question Of the legality Of
ne sentence Of suspension.
In enormous amount Of evidence in the shape
i depositinus VAS takou- Prominent among tie
k.tncsses were the uo.. Murray Holman, Prof
Seymour, the late BisAop NM.ehouse Drs Dix,
.diais, Locke. Clasc, Dean, and the Rev. Mr..
slnney tor the conlpla;nants, and, for the de-
sHdants, Bishops Hali, White, Cun11nins, Drs.
'aodWiu, IS,S. Newton, aud Towers, the Very
.e7. the Dean OF Westminster, aud the Key. I.
!; Mossuan, authcr Of The Catholic Church"
Alter nearly eighteen mouths preparation the
ase
CAME on FOR TRIAL
ae lCth OF February last, aud consumed IN all
oout Thirty days in the trial and arguments,
te aT.aEi.nts Of .lr. S. c. Judd, for the COM
a'',an!s, occnpying seven dayr, aud those OF
u: aleFule ". Fi:licr, for the Defendants, four
a:s ard a Aslf, ard the decision given yesterday
' PRINTED below.
a short time ago, however. and when nearly all
- 80 es1nipt5 1i2u bcet1 lahel, = new pulse MAS
sea to tic cnse bv
TEE WITHDRAWAL or NE. CHENEY
ON the Protestant Episcopal Church, and his
Scelatio1l with mla. is called "thc Reformed
!1scopal Church" A sAort time after this
h1lst Church VAS sold under foreclosure ot
70 t1us deeds which were unrnid. and the title
. purchased By one Of afr. Chcncy's friends
d aahereuts. and turred over to his use. 70
eet 1hls supplemental bill was flied stating
hrsy
llhsins refused to allow it to he filed on tho |
Ut ere,1nd that it contained new matter suili-
M :1' III itseH to fo1rn cause Of action.
llls ruling left tie caae
On TIE ORIGINAL. GROUNDS,
4 Particularly, Oh u dead issue at least to the |
aefsl pubic, i1lasmuca as, had the decision |
ea been the other way, another action would |
70 been necessary to o1cinstate the Bishop i'll
ffupertr, md declare the sale, il possible,
d 10 the Episcopal denomination, however,
Specially to the clergy, this decision
Of th9 greatest importance, as it
ether the decision Of the ecclesiastical
rs can be inquired into and reversed by
afss Of law. Tie compla'nants feel very COLI
sos that such is not The case. and propose to
t1e Supreme Court. to which au aprcal Was
:ea Yesterday, while the defendants are equally
- o1 their position, and more coutented, in
aoca as they have tie church still in their
sssselon and, it il sad, no steps will prob:Dly
:; 4sEen until the t1n:l disposition OF the case
1he Supreme Cou,t.
he decision of Judge Williams is US follows:
ae object Of this bill r,ay be briefly sFa:el thus:
Thought By the compartments, eoIansunicans in
f:o:eetans Eli coIrd Church, and pew-holdcrs in
= = Ch11ch, in the City of Chicago, to restrain the
renafea l. Cheucy from officiating as Rector, aud
"a :sss'fy15cn and Wardcns frota permitting him to
s T. Z .Ctor in said Christ Church, tht ground
eA4a EAeuey had brTu. III Nav. 1871, in due form
=. aanne:, III compliance with :Ae Laws Of the Prut
u, Eplecopal Church, put upon lis tri:1
sr Saenses ,ss aganst tie 'aw5 9f ,,;%,1 sid
thereafter sentenced and tleresed frtm
t.saesthool Is 7niuistry in said Episcopal Church
~ nv " reasou Of said dcposltion said Cheney had
1eat to the use of said church as Rector, aud
~ connected Herewith, and the other de-
.na we're perverting their trust IN deToting tho
.e ne q aid church TO tho support Of dci'cs:d
saf saf Tho sill .rayed for = perpetual injunction
.o'ng such Use Of The church property al such
% ssslen = Ct thc church income
tsi.ed
MANY DIRECTIONS
.aSSt Of this Court to grant any relief under the
so1A sud prayer Of cou,plainants' bill. Several
~ ~ are as follows:
'ss-The civil courts in the United States do not
= 1ake 70 resuln:e church affairs, md dictate the
;. M Church Trustees.
eona-A civil court would not declare that the no
congregation had lost their rights until srch
Ire ~ nad been declared By the proper ecclest.E-
,s;.1ansl, and Christ Church is yet recognized y
ns. In 'a'S ol'e<'e % Ill eet Ill
,ss-lhe bill is brought against the principal de-
49, Is officers Of corporation, and not against
= -. Ms.iotaEon itsef
.ta-Ths co1nplnin.nts are not shown to occupy I
ns g bring this suit. t
~ Zine proper parties llaso not been made de-
asH ONLY mart nf fl,e o1, ec.inrs tn 4ha hill t