The New York herald., 1877-03-18
The Suspended Rev. c. P. Mccarthy
Demanding Reinstatement.
SEEKING JUSTICE IN THE COURTS.
a Story Of Alleged Palpable lnjnsticc, Gross
Cruelty and Intolerance.
DIVORCE, AND NOT MONEY, WANTED.

posing factions OF the Rev. c. Mccarthy and the Rev
f. Swsctscr the result OF which was his suspension
by tho Committee OF Ordination and Discipline oil ine
State Convention OF Universaliss from fellowship
This committee, as will be remembered, decided that
Rev. Mr.. McCarthys position in his threats o civil
suits against any who might In his opinion, TESTIFY
wrongiully against him. and in his commencement OF
SUIT against Rev. +. G. Swcctser was one of disoy-
slty and contempt of the rules and officers of the
yenton and the convention ITSELF and involved dcre-
,ction OF his duty clergyman OF their denomination
This decision was given by committee the 3lst Of
January last. Mr. Mccarthy gave prompt ntmation
that ho should not let tho rest here, but see
there was not some the courts through which
his rights could be maintained and the State Commit
tee be compelled TO back down from what he consid
cred bold and high-handed proceeding on its part
Il appears that the aggrieved reverend gentleman ala
not indulge in any idle threat, but that he mas
resorted 10 tho courts for the redress TO which
he claims 10 be entitled. MIR. Herman H.
shook, his counsel applied yesterday to Judge
Donohue. in Supreme Court, Chambers, Tor AN
order directing the Committee on Fellowship, Ordna-
ton Discipline OF tho New York State convention
OF Univ ersalists to show cause why mandamus
should not issue compelling that committee to restore
Mr.. Mccarthy 10 his rights IN and membership oil the
conyeutiou As the basis OF application tnere was
submitted the following affidavit OF Mr.. McCarthy:-
r State of New Fork, Guy and County Of Neic
York. s&-Chares r. Mccarthy. OF the city and county
say THAT he is Clergyman and preacher OF the
gospel and adherent and advocate OF the doc
as the Unversallsis Of the United States;
that Tor long period OF time, ana until
the 3lst day Of January 1871 he was memoer Mem In IN
Statc Convention Of Universasts that SAID conven.
ton Incorporated by an act of the Legislature OF
the State OF New York; passed April IL lS62 with all
the powers and privileges and subject all the provs
IONS and contained ~ tho third ttlo oil the
sichtcc nth chapter OF the first part the Revised
nd taWS OF lS4S. with
TO and personal estate 10 the value OF $500 oOO
devoted exclusively to the diffusion OF Christian
knowledge by OF missionaries, publications. and
other agencies; that under the constitution bylaws
aud laws said Conventon ior sccuringa uniform sys-
TEN of fellowship government and discipline, Asa SAKE,
Eben Fisher c. g. Lppincott, Henry II. Darling aud Al
lson Gunnlson were heretofore appointed Committee
Fellowship. Ordination and discipline; that under
the constitution and laws OF said convention the sad
committee has power to entertain and investigate
charges and complaints against clegymen that on the
Both OF November 1876, the Rev. Edwn =. Swectscr
pastor OF the Thd Unversalist Church, of the CITY OF
New York, preferred certain charges OF immoral and
unmnislerial conduct against this deponent and re-
auested that this deponent bo tried therefor before
the said committee aud said charges were
presented to said committee and copy
thereof served upon this deponent; that
upon tho reception OF the said copy OF charges this de-
ponent declared himself and notified the said commit
lee his willingness be tried upon said charges and
Ia accordance with the customs, usages and practice
OF the Univorsalist denomination in such cases. this
dsponent appeared before said committee on the 2sth
day OF Jan uary 1877 prepared to submit to trial on
said charges, that thcreupon said trial was com.
menced and proceeded with and continued
during four sessions OF said committee, during
which time testimony on behalf Of the said
Sweetser taken but none on behalf
Of this deponent then-towit, the Slst day OF
January lS77-aaocument hereto annexed and marked
ssExhbit Az was presented by said committee 10 TINS
depcnent, and this deponent requested to sign the
same That this dcponent declined TO sign the same
alter consulting with and being ADVISED by counsel,
whose opinion is written in pencil AT tho bottom oil
said document already described herein as "Exhibit
A." THIS deponent thcn pointed out to said committee
that could not insist upon surrender OF privilege
and right which the law Oh TINS Stato guaranteed 10
his deponent and that TO nslst upon deponcnt sign
Ing said document would be In contraventlon OF the
laws OF the Convention from which said committee de-
rived Its power, and the canon OF lis Interpretation
laid down by the general Convention as folows:-
alt be understood that In religious organizations
of whatever kind reference always be had to the
requirements of local State laws The following
drafts are submitted Tor adoption IN their present
torn, only where the local statute shall be found 10
permit and with the recommendation that, 10 all
other cases. they shall be carefully modified TO con-
form TO what State requires" That the committee
after examination admitted the existence OF the fore
going canon. That thereupon, and because this de:
ponent would not sign tho said document the said
committee refused 10 proceed win the SAID trai ana
this deponcnt from fellowship Of the said
Stale Convention until the next meeting thereof and
served upon this deponent copy OF said suspension,
hereto annexed, and marked exhibit b." That the
avcrment in the suspension, that the dcponen made
threats of civil suits against any who might, IN mis-
opin ion testify wrongiuiy against him. Is not in
s ic accordance with the truth. That tho said CON-
ttee, the contrary presented 10 this deponent the
following interrogaiories the originals OF which are
this deponcnt but were read TO the deponent alter
having been carefully prepared by the SAID committee
in session, and thus dcponen quotes said inter-
rogatores IRON memory
FIRST interrogatory-"will you pledge yourself, and
faithfully PROMISE that you will institute legal pro-
Cccdipgs whatsoever against Mr. Sweetser on account
oil his action in this iral z"
second ogatory-"will you also promise not to
prosecute IN law any witness who may testify against
you on this trialr'
Aud this deponent inrther says that tho foregoing
interrogatores gwen only IN substance, and he
tutp In tn M n
far he recollects but that they SUBJ
stantally accurate To tho said nerrogatories this
deponcnt made the following repes:-
''Having absolutely refused 10 sign document con-
tanning substantially the same requirement, | now
positively refuse to make any such promise and de-.
sire, further, to be- while most respectful frank and
determined in the expression OF my solemn intention
10 prosecute not only Mr. Sweetser, but also every
witness who may SANDER me during these proceed
ings" And this deponent further says that In regard
TO the suit against the Rev. +. q. Sweetser referred
10 IN said SUSPENSION this dcpoucnt informed the
said committee at the commencement OF the trial that
he had commenced suit for libel against the
said Sweetser in the supreme Court. And
this dcponent further says that the entire pro-
cccdings before the said committee up to the
time deponent was called upon to sign the docu-
mcnt marked ''ExhIbi A" and to answer the iorcgo.
ing had been conducted under perfect
knowledge that this deponent had commenced said
ton. AID this dcponenI further says that the question
OF this dcponent binding himself not to prose-
law tor sandcr or libel any witness who might
testify In said trial was not raised untla Witness
Staeg trustee OF the Third Universals Church of the
city OF New York, refused to testify this
poucnt signed tho document herein marked 'ExhibIt
Ao And this dcponcnt says that he dd not obstruct
tho processes OF the said committee by lntlmidaJing
witnesses or threatening any who might take part IN
said trial before said commlttcc that he merely refused
10 sign away his right and b M himself In honor not
TO protect himself from malicious slander ana calumuy
according 10 the laws Of the Commonwealth in which
he resides that In 80 dong he was acting in
cordance with the caDons constituion laws ana by.
laws OF the Convention from winch the SAID commit
tee derives power And for the proof OF this This
deponcn respectfully refers TO tho said canons
tuton laws ana bylaws and particularly 20 the canon
heretofore quoted ncrein in ioios and Aud this de-
poncn, furcr says that the said supcnsior unnsy
issued and published, has wronacd aud .niurcd HIM
throughout the tire State and denomination, aud has
uniusty deprived HIN OF legal rights ~ hrs profession
as a clergyman and as member o said corporation
pnd in consequence thereof, by me rules and
bviaws under the heading .'witbdrawal OF Fellow
shipn nc is prohb from oiIicia'ing IN any o the
churches OF the corporatIou and any church gvut
him employ .nent as "A pastor or extending 10 MN q
ministerial cail would be ablc TO be diselo"shppcd
And this dcponent further says nat 'ie sA'u sus
feuson is also iu violation OF tho letter ana sprt
ihc rules aud bylaws oi the said corporation "nch