The central Presbyterian. [volume] (Richmond, Va.) 1856-1908, 1877-06-06
MAJORITY REPORT.


That in statement made to the committee by the
complainant, he admitted that he caused to be pub
lished, in a recent number of the Richmond Dis
patch letter written by the Rev E. T. Baird, from
which and the record of the proceedings of the said
Presbytery it appears that the subject matter, and
the person named in said proceedings and in the
complaint, are the same that the Rev. DR.. e. T.
Baird has taken an appeal from the action OF the
Presbytery of East Hanover to the Hext superior ju
dicatory-the Synod of Virginia. and that the mat
ter of the appeal and of the complaint raise the same
questions and refer TO the same cause and the
person In the opinion of the committee, it is not
proper for the General Assembly to take jurisdiction
OF the matter of a complaint, while the same case,
embracing the same matter, is pending in another
judicatory which has Jurisdiction, by appeal at the
instance of the person aggrieved. Wherefore the
committee recommend that the complaint be referred
to the Synod of Virginia.
ALI OF which is respectfully submitted
j. WOODROW, Chairman.
The report was received.
Mr.. Veitch presented minority report,
which was received.
MINORITY REPORT.
The undersigned, minority Of the Judi
cial Committee, is constrained to differ from
the majority in the case of the complaint Of
the Rev. DR.. s. ]. Baird against certain ac-
ton of the Presbytery of East Hanover, and
presents the following reasons for his dissent:
1st. The appeal of E T. Baird to the Synod of
Virginia is one thing, and the complaint of S. j.
Baird is another, and the one ought not to preju-
dice the other
"a. The Assembly cannot know officially that an
appeal has been made to the Synod of Virginia
Private information on that point ought, not to
govern the General Assembly. Besides, admitting
the appeal to have been taken, it may not be pros
ecuted.
Sd. The appeal-if such there be--is by an ag-
grleved party, and for reasons, perhaps, which
complainant could not urge. The complaint is not
by an aggrieved party, but is based upon law and
order, In which every member of the Church itself
has vital interest, and, therefore, should not be
unnecessarily delayed.
4!h. Besides this vital interest of the Church and
every member of it, the reputation and welfare,
temporal and spiritual, of brother and minister
are most seriously involved, and justice as we'll as
mercy demand that all possible relief should be
given without moments aVoidable delay.
5.h. No rule requiring that case of complaint
should 60 first through the Synod is laid down in
our statutes. Constantly the Synod ia passed by,
and the matter brought directly to the General As
sembly.
9Th. The fate of the complaint will in all proba
bty decide that Of the appeal II the former be
sustained, the latter will not be prosecuted if not
sustained, perhaps the latter will not be pressed,
and the case will be considered to be finally issued
7th. The complaint being one of serious char
acter, viz. the unconstltutonallty OF the acts of
the Presbytery, the departure from the law and
order prescribed in such cases the excessive se-
verify of the punishment inflicted the Injury done
to the interests of religion together with all the
circumstances surrounding it, makes it, in the
Judgment of the undersigned, eminently proper
that the General Assembly should receive the COM
plant and pass upon its merits, and We owe it to
ourselves, to the brother most involved to charity
and righteousness, not even to take advantage OF
a technicaity in denying the complaint to be heard
before the General Assembly.
Ssh For these and other reasons, it is recon-.
mended that the complaint of Rev. DR.. s j. Baird
be admitted and heard. ISAAC NJ. VEITcH.
Mr.. Berry moved to substitute the minor
ity report for the majority report. make
this motion because l like to see fairness
between man and man. Our book provides
several ways of taking case from an infe.
rior to superior judicatory-by complaint,
by reference and by appeal. The appeal
must go up regularly. Our book gives to
the humblest member the right to complain
against the action of an inferior judicatory
in any case in which he thinks unfair action
has been taken. This may be brought to q
higher court. This complaint brings the
whole proceedings under the review of the