The New York herald., 1877-02-04
THE CHI URCH WAR.

THE REV. MR. Mccarthy REToRTs ON HIS
MISUNDERSTANDING THE CHARGE OF
No. 223 WEsr TRuru srRxKr I
NEW YORK CITY, Fob 5, 1871
To EDiTon HKRALD:-
The sentence Of tho Committee Of y. o. and D. or
the New York State Convention Of Universalsts
which appeared In the HERALD Of tho 2d inst, mis-
represents aud dstorts my position ana statements
The despouc and unlawful conduct OF these modern
star chambers Is gradually becoming moro known,
and their dceds Of nfamy and shame are being ex-
posed. Tho denomination has within It a cancor
which, In the shape Of an ecclesiastical ring, like
vampire Is sucking It's life blood.
1t is nol ong since two OF the wire pulers within
this quasi-regious machinery had . bitter quarrel.
The ono accused the other OF packing 4 State
Convention Tor tho purpose OF hts expu!-
sion. Tho conflict continued until political
phraseology and slang tailed TO supply the
combstants with words sunlccBtly vituperative.
These men leading ministers nnd ecclcsastical
wircpullers within the ring, and hence they are un-
tried for their clerical misconduct Within tho limits
Of the charges brough. against the Board OF
Trustees OF one church would have been proved to
have condoned State offence OF their minister
and 10 have allowed him after dismissal to enter upon
the duties Of neighboring parish with his recent
crime concealed IRON the trustees OF his charge
The Board OF another parish would have been proved
guilty solid evidence Of misappropration $40
which had been collected to build church. In short
fully prepared 10 act torth .rrcragablo tcst
mony tho truth or that sermon, which tho NEW York
HERALD well and so accurately reported as
preached ny the Bieccker street church on the
3Oth OF April, 1875.
DxvELoPNxyr CAsR.
nr cher tha shr vda nd
the court, who during its fourth session. suspended
tho general DRIFT OF examination. Ho began 70
iccl the tolls gradually winding only round kis
friend Mr.. Sweetser, but also around tho whole dc.
| nomination. For a momen. he lost his temper, and
accused me Of 'quibbing' ut tho very instant had
convicted the chief witness Tor tho prosecution Of
lying, and dong tho teoth OF his registered OATH
then able to snIlo at the undlgned personally
and submit (as did lhroughout tho riaL to tho
Courts ruling
ACCUSED or CONTEMPT.
From tho foregoing statements IL will DO that
the Court was driven to the alternative OF accusing
Of contempt or allowing tho trial to so My grip
gradually fastening round the throat oi the entire
ecclesiastical faction. IL was then determined
choke ana stine tho trial. The reporters, who had
been elected by Mr. Swcciser and the Court
! by prcconcerted Arrangement, and admitted
with passes from me, we're busy bees at
work. II was. therefore, found that secresy was
| impossible It was seen also that tho case for the
prosecution breaking down by the sheer force Of
The contradictions eIced through my cross-examna-
tion Nolhng Ieft therefore, but to sbunt the
whole case, aud thus change the issue.
| An UNLAWFUL DEMAND.
This was accomplished by subteruge Another
Witness member OF the Council OF the State Con
ton, presented himself, with II document which In
iscif is curiosity. present It In ths place with tho
signature which tho owner requested | would not
spoil, because happened to substitute edward"
should Sign this illegal aud one-sdcd document had
alt eady informed the Court ut the opening OF the
ves,igalion tnat had prosecuted my traduccr Tor
libel IN the Supreme Court ana tho entire proceedings
had been up this point the close or the fourth
son conducted under perfect knowledge OF this iact
had also secured full bevy OF New York reporters
knowing that concealncnt 20 me death, and nm
open aud public life and dcation. The Court
and Mr. Swcctscr--cnch and all personal fricnas and
reporter OF the Sun had been, by tho authority OF
Mr Swec.ser and tho Chairman sent away before the
trial commenccd thus showing prcconccrted ar
rangemcnt between the court and the prosecutor The
| following 10 the document:-
This is to certify that tho undersigned hereby agree and
sT 's "d efas d. SG~ % the se 's nS SI
OF Universasts In the CHURCH corner OF Bleeckcr and
assertion made ty witness the shall
to charge or suit at law Tor sande OF libel in any court
EDWIN G. swEErshR
| REFUSAL.
ut once declined to attach my signature to. the
above document. propose 10 take tho advice OF my
able solicitor on the question, and his directions entirely
accorded with my judgment He appended tho fol-
loving opinion to the document
| LAWYERS OPINION
Dr. Mccarthy would be unwisc anything like tho
above With respect IL 10 foolish ad II signed would
| UEOaGE y. LANGBEIN. 30 Broadway
then pointed TO the court that II could
upon any surrcndering my privilege that tho law o
the State which resided gave mo, and that TO
sst upon their demand wouLi be also conIravenng
laws vi the Convention which constituted them an
ecclesiastical court The canon of Interpretation laid
down by the General Convention for the instruction
the Court was as iolows:-
1T must be that In religious
whatever kind reference must always DO had to the
nd nm In
tue local statutes shall be found TO permit and with the
carefully modified to conform to what tns State rc
CURES"
The Court itself seemed ignorant Of such an nstruc
| ton, and, after considerable iumblng, some uf ~
slruction oil the Convention 70 its DIsc,pliue Commit
tee establishes the fact that, In this respect canno
DO 'ru,hiully judged & In contempt, bu. th'
ana so Tar guilty OF unconstiutiona
proceedings 10 attempting to override the law OF h
state Moreover thc demand itself. judged by homes
men whose minds have not been tainted By the mai
practices OF these star chamber commitiecs must 0,
It's very lace appear arbitrary aud oue-sIded Think
clergyman OF nearly thirty years standing accuse,
by young minister only six or seven years In III,
ministry or crimes involving the Integrity and We
racity of his personal and ministerial Character
these charges being published and eliminating in tn
odious crime OF
being summoned before Of his pccrs, and the
sdJu dyed guilty Of contempt because no refuses 4
give guarantee and unconditional ind ihcation 4
they shall bo responsible TO court authority fo
what they may say In point OF iact, requiring u
become pdrtsceps crimtns In attempt to evadc tn
State law aud thus offer premium for libel siande
aud the perpotration oil malice and revenge.
IL VIII now be seou why the Court arbitrarily deter
mined not 70 cali In notary public and take evdenc
on OATH ~ u had the power 10 do Had this been nc
coded 70 the disgrsce Of 20 nagrant attempt 4
| dcfy the state law 10 conSatuod In thto bfA4ol