New-York tribune., 1875-07-13

who are strongly &" Establishmentarian" the apollo
eizes for the barbarism are defeated. we shall have
agitation for change in the law too likely to end in
rupture. Further on he says:
The time nav and hope will, arrive. when spirit or
more dfusive charity, wider acquaintance win Tue .ne
language and history OF Christian dogma anu ies
how much OF what divides us In the Eucharisc eonro-
versy is better and no worse ihan Ioso,,SS s 10
aes snH nGw OF hs schools and Of heated
solve what passion and faction have DECLARED y;
tbe Eucharist must really be recst there atcrna
ves before us except on the one hand disruption on .e
other postpOnemen OF the issue until we can hnv
under happier auspices. The auspices are ho' h"P'
now. - . f,rtbar
Mr.. Gladstone proceeds to argue, as 1ui'hei
reason against large resort to penal proceedhs''
"the necessary imperfections even OF the pes'
tribuua for trying them.7 He fears that accord
ing 10 the present constitution of the courts the
chances are materially impaired of finding
in the Judges of ecclesiastical causes the
form of fitness growing OF of special study.
at may be thought" he says, {" that episcopal
assessors will in doctrnal cases, help to supply the
defect but it would not be easy to arrange 'hat
tbemos learned bishops should be chosen as assessors
and the general standard of learning on the bench
cannot. under the hard conditions of modern times,
be kept very high" But in questions OF ceremoIai
he maintains the difficulties to be greater still. Inc
decision on appeal in the fnrchas case
will be found not to rest manly on COLI
siderations of law, but much more upon
the results of historical and antiquarian study
Mr. Gladstone then goes into somewhat elaborate
examination Of the points decided by the l'nrcllas
Judgment and concludes this part OF MS case WIN
three cautonary remarks. The FIRST Is that thc wo'd
evidence is sometimes used in Judgments on ceremo-
NAL. in a mode which involves n dangerous lallacy.
II seems TO be used in judicial sense, whereas it is
he
in those cases, the judge and lawyer labor under
peculiar difficulties 1t is almost necessity Tor the
ulpe as il is absolutely for the advocate, that every
cousc he resolved cacgoricay by an Aye or No. The
historical norircr is not cOnversant with Aye or No
alone He il familiar with thousand shades OF
liobt and of color bet ween them. Mr.. Gladstones \
last reason is the supreme difficulty of adapting cd
laws TO modern events. He concludes paper OF
great eloouence and power, and one which is by no
means tbe least remarkable Of his recent uttcranceS
as follows:
England expects every to do his duty :: and this
is an attempt doing mine, not without luIi measure
OF respect for thosr who charged with task now
more than arluous in the declaration ana rhUce
mcnt of the law To lessen the chances Of msapprehen
sion sum up. In the following propositions, paper
which, though heightened, must know he dependent
10 n large extent upon liberal interpretation
l. The Church of this great nation is worth preserying
and for that end nuch may well he horne ....o..
H. In the existing state OF minds and OF ccnmstaners
preserved cannot be- If shift its balance OF doctrna
expression. be it by alteration OF the Prayeriook
thcr way IN contested points, be IL by treating r
bca interpretations Of the matters heretofore most
sharply contested the basis OF "doctrinal sSnif-
caicc."
ILL., The more trust to moral forces. and the less 10
penal proceedings (Which aie iO considerable extent cN
elusive one the ohc the better for the ESTABLISHMENTS
and even for the Church.
w II litigation il t. he continued. and 10 remain
within the bounds Of safety IL IL highly requisite tht u
shonid he confined 10 the rpressn o such proceedings
ar really imply nraithIu ness tO the national religion
V In order that judicial decisions ceremonial may
habtually enjoy the iari, measure oi authority manly,
and respect which attaches i'll general to the sentences
of our courts il requisite that they should have uni
form regard rules and results of fu historical III
ycsiigoi and should If possible, allow to rahd over
for T future matters insuniccnily cleared. rather than
decide them upon part aud fragmentary evidence.