The central Presbyterian. [volume] (Richmond, Va.) 1856-1908, 1878-02-20

.ssc. Sssey
h:9tShaDf
they.say or-
actly the opposite
semEsiies mlot be Set DOWNS .;s
cumstances unt., sndls ts:.a.
fright or frenc-,,' tteir acs.on ;s q4ss.
SO as to ''evincc the utter worthles ,ness OF
Iliverances." When the vsse stood AR
against the ,oorldf' the attitude was corl
sublime; but unfortunately there is but sfefi
from chat to the ridiculous.
(n) The Pan Presbyterian Couocil has been ef-
feotuaIly disposed of. The supposed case OF the
Assembly instituting process in Falling Spring ap'
plies to both points. 1t is the reduco ad dJsurdu
of the silent-lawfm theory.
(o) An entire mistake. Discipline, chap. 9, uses
the term new trial. in rules l, 8, 5, always and
exclusively as belonging &c the inferior judica-
| tory. 10 rule q, where ;e2rovides fer oot the
case Mr.. Shanks is after hearing new testimony in
addition to the record from the lower court, it is
only by request of parties, and it is never called "a
new trial." The Synod then. in the case supposed,
does not begin de noUo simply because it does not
and cannot take the case for new trial."
[pl We think, upon further examination, that
Mr.. Shanks is right about the punctuation, and
that the clause" or for new trial" is connected
back with the first clause, "The decision may be, ;,
etc., and SO far as that is concerned it is left unde-
termined. The argument, however, is abundantly
sustained apart from this.
[q] ANALOGY of the cira lato" ri We did
not lay much stress on this analogy, intimatiDg
that might be regarded as somewhat uncertain
But III we expressly referred to the " Court OF
Appeals" alone, and there the analogy is wholly
with us. The lower courts to which. Mr.. Shanks
refers we're courts of appeal only 10 general, not
strict sense. The whole case is transferred and
heard not upon the record, as an appeal proper
always is, nor solely upon copies of the testimony
in the lower court, but upon the widest which can
be obtained. No case is ever taken in our Courti
of Appeals for new trial. but where one is ordereds
it is uniformly sent down to the lower tribunal.-.
Such is the information obtained from well.read
lawyer, of whom inquiry was made-not having,
ourSelf, even "a little learning" that way Per-
hsps our brother, who is also "learned in the law"
may pronounce the Richmond lawyer as merely
"sporadc," and no better than the General AS
sembly.
ri The Peoria Case. We see no evidence that
the Synod retired that case at all.
Isl The Cumberland Presbytey we have dis
posed of already.
I'll ". c. Davts. The Synod acting upon the
idea of inherent power" went right over the
head of the Presbytery and instituted process
Against this he appealed, and the point decided
by the Assembly was that the Synod had no right
to try him in the absence of an appeal. Of course
the implication is that if there had been they could
have tried him upon that appeal that is upon the
record sent up That is ell, but that leaves Mr..
Shanks' view in the air.
One general remark upon this matter: 1t is
passing strange, if such power, to take case on
appeal and turn it into new trial, had ever been
intended, that in Book making minute pro-
visions concerning judicial process point SO vital
should have been overlooked. And, moreover,
there is not single approved example OF such a
proceeding to be found in all the history Of the
Presbyterian Church.
| Upon review of this discussion, we come to the
following conclusions:
| TT Commissions for judicial process, such as
those here brought up, we're used in the early his
tory of our Church. but it soon became jealous OF
them, and since the revision in 1921, they have
met with no encouragement in the practice Of the
Church, but the contrary-and wisely.
r The silent therefore Iaus alk
SO far as any existence in
cerned. Our various C5v
| dependent relations and are
power, and none of them hasoydy~ ~
than those contained in the Constitution. Ihef
fore our brother from Rockbridge will have to keep
his reserved powers" in his own reservoir; neith-
er the Synod of Virginia nor any other part of the
| Church having any use for them.
G3 The idea that the Synod can take case on
appeal, and then turn it at discretion into case
for "new trial." is mere eccentric fancy. How
it ever found lodging in mind from which bet
ter might be SO reasonably expected is not easily
accounted for, unless some ightis thrown upon the
marvel by the fact that the good man has TOR these
many years been getting his letters and papers from
a post Office called Fancy Hill. IF this solution be
not altogether satisfactory and logical we venture
at least to put it along side with most Of his posi-
tions and arguments in this discussion.
And now we say in conclusion, that as lar more
spsce has been devoted to this matter than is
usual, it is aot our purpose that it shall be ex
tended further.
-P. s. The communication Of brother Shanks
concluded With special application to the case oi
DR.. Baird. This We do not publish former
article contained brief statement of his view or
this point. To this we made briet reply, stating
that it was done with reluctance and why. 1t Ii
plain to our mind-snd in this we will be sustained
BY the good sense of our Presbyterian community
that the competence of East Hanover Presby
terry to sit in judgment upon the case referred to-
ought to be, as far as practicable, held in abey
auce inasmuch as that is the chief point OF ar
appeal to the General Assembly. We have no fea
in meeting any and all the questions belonging t.
the whole case but everything in its season. W.
have no wish to forestall official Judgment, or t
have anything done which is not perfectly fair
lawful and proper. Questions ct Constitutions
law have been amply, perhaps excessively debated
and with this we think ell reasonable people vii
say the matter ought to end at present so tar a
this 10 lrnal is concerned.
If WE have thu testimony of our con
. sciences, that we are accepted Of God, W
need not much concern ourselves tSsu1xha
t others think or say of usi spaSii
the good opinion of oths
little stead.