Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-05-17
F INDEPENDENT CHURCHES.

The Rev. N. NJ. Long, as reported thi
morning in your paper and in the Avalanche
makes two or three statements which requir
kind correction.
OF INDEPENDENT CHURCHES.
l. He asserts that the General Asse mbl,
of the Presbyterian Church convened il
Charleston, s. C, in 1880, adopted a unani
nous report of its judicial committee to thi
effect, that there is nothing in the nature o.
| constitution Of the Presby terrain Church pre-
venting Presbyterian minister from taking
charge of an independent church." Mr.. Lon;
says that "this report became at once the Law
that must and ought to govern tie decisions
! of all the lower courts," and that "the presby
| terry of Memphis by Getting aside this deliv.
GRANGE of the General Assembly, and setting
it aside upon a simple question of local in
terest and expediency, was guilty of direci
violation of the constitution of our church.
Mr.. Long says: 81 am told Italics mine that
this decision of the presbytery was made in
direct defiance of this supreme law OF oui
| church" He does not Say who "told" him
this. But, whoever his informant might
have been, it was Mr.. Longs privilege and
duty to have read the deliveranee of the
General Assembly referred to for himself
| Not only so; he should have quoted Its
exact language for the information oil
the audience he was addressing. A
public teacher, in the pulpit, on Sab
bath evening, mali ing so grave an accu.
sation against presbytery as "a direct vio-
lation of the constitution of our church, y
owes 1t to his own reputation for accuracy to
prove his assertion, not by what he Is tod, but
by reference to original documents, especially
since his accusation against the presbytery
would have been completely disproved by
quoting fully the language of the minutes of
the General Assembly of 1880, touching the
matter referred to. 1t becomes my duty to
make the quotation, italiciziDg such words
as / wish TO direct special attention to:
The Committee on Foreign Correspondence to
whom was referred the letter of the Rev. w. e.
Dana, ID. pastor of the Central Presbyterian
report the following answers to the questions pro-
pounded in that letter, for the adoption OF this
l. Is II unlarful for minister in your connection
to be pastor Of an Independent Churchf''
There is nothing in our Book of Church Order
preaching the gospel at any church t0here he has the
consent Of his oiOl presbytery.
II can a presoytery 6y simple pote q he ma
jorlty dspace pastor against the will Of both pas
See Form of Government, chapter V, section 4,
paragraph g.: "The prestytery has polcer . o
to establish the pastoral relation and to dissolve
1t at the request of one or both of the parties,
l0here the Interests Of religion impratirey demand L. I"
Whfle the pres6yery clearly has such Potrer, the
action should be thoroughly convinced that athe
interests Of religion imperAtively demand it,"
This deliverance of the General Assem-
bly, 1.-THE very one to which Mr. Long refers)
utterly annibilates his assertion. Let it be
observed that it was not the judicial COM
mittee," as Mr.. Long says which made the
report: that Mr.. Dana's church, although
Independent, was yet "Presbyterian"; that
the assembly, in this very deliveraucc, NJ axes
the lawfuluess of serving even an independ-
emit Presbyterian church to suspend upon
the minister's having "the consent OF his own
presbytery;' that the assembly gives to the
Prss5ytery all the power in such a matter, and
only enjoins upon the presbytery to act with
prudent regard TO the interests of religion.
Mr.. Longs reference to this deliverance of
the General Assembly as proving his asser-
ton was the very one which any one else
would have made 10 disprove it.
THE COMPLAINT AND APPEAL.
2. The next statement of Mr.. Longs which
demands attention is, that his friends shave
filed complaint to synod, in order that if
synod should override my appeal upon the
technical ground that this is not an appeal
able case, they will have to consider the
complaint and render judgment upon it."
That is to say, If synod should decide that
his appeal is not admissible, then he will,
nevertheless, secure a hearing on his friends
complaint" That we may appreciate what
is attempted by this twofold action, and, at
the same time, discover the fruitlessness of
that very effort, let US carefully examine the
law of our church with reference to appeals
and complaints, quote from odr Book of
Church Order, which is part of the consti-
tuition of the church:
IAN appeal is the removal of a cause already
decided, from an inferior to superior court, the
effect of which is to arrest sentence until the
matter is finally decided. 1t is allowed only after
Judgment has been rendered, and TO the party
against whom the decision has bSen rendered
Those who have not submitted to regular trial
are not entitled to appeal
Every appellant bound to give Notice of his
thereof in writing before the court appealed from
either before its rising, within ten days there
"A complaint is a representation made 20 a
superior court against inferior court ANY
member of the church submitting to its authority
may complain against every species Of decision,
except where a party against whom a decision has
been rendered takes his appeal against it. But the
complaint sqH not suspend ,ehie pending The effect Of
shall be given in the same form and time as notice
of appeal. (Rules of Discipline, chapter xiii,
ton g. paragraphs 1, 2, and f. and section 4, para
graphs and 2.
Whoever is willing to take the trouble to
examine these quotations carefully, may
discover these things:
NOT ENTITLED To AN APPEAL.
Fust.-That Mr.. Long is not entitled to
an appeal. The reason is obvious. The law
is that an appeal is admissible only in a
judicial case. There must have been "regu-
lar trial" An appeal is allowable "only
alter judgment has been rendered" But MI
Longs case was not judicial; the presbytery
so declared. Mr.. Long desired that it should
be made judicial, but the presbytery's view
Of the matter did not coircide with his.
Whether he or the pre- sbytery was wrong in
opinion. the fact is the same-there was no
judicial case, and hence his cause can never
90 to the synod by appeal. Says DIR. Y. E.
Peck, of Virginia, lone of the men who made
BUR Book of Church Ofder): at is perfectly
certain that the Committee of Revision, Of
which DIR. B. and l were both members. in
Tended to confne appeals TO Judicial cases."
NOT ENTITLED TO COMPLAIN.
Second.-Nelther can Mr.. Long or any OF
his friends noV carry the cause to the synod
By complaint. This is true for these rea-
sons: First-The law says that a COM
plant may not be made where one
mas given notice of appeal. Mr.
Longs unfortunate attempt to appeal has
topped any attempt to complain. "Any
member may complain" says the law, eek
,ept where the party against whom the de-
;is;on has been rendered takes his appeal
lgainst it," There is, then, no possibility
If complaint; and this for a second reason:
The complaint shall not suspend while
,ending the effect of the decision complained
If" This ia the law. Now what is the de-
.ision here complained of ?" That Mr..
long shall cease. preeching at the Strangers
church. Has he ceased? No. Then, by
lot doing so, he has forfeited his rights to
complain. By refusing to submit to the
courts decision while the case is pending he
las forced the synod TO decline to entertain
lis complaint. The synod cannot violate
he law.
He CANNOT BOTH APPEAL AND COMPLAIN.
ThiTd.-Above all, it is plain that Mr.
Long cannot both appeal and complain. This
ne is attempting to do-himself appealing,
md complaining through his friends. He
wishes the benefit of an appeal" which
arrests sentence and allows him to go on
preaching. But he also wishes to complain,
which would make it necessary for him to
ease preaching, as required by the presby-
cry. And so he first appeals; and if the
ynsd refuses TO entertain his appeal,
hen, Then that body meets, the COM
plant will be brought in. But the
aw guards this point also. Just here
comes in the Limitation with respect
% time of notice. The law provides that
notice Of either appeal or complaint shall
De given within ten days OF the rising of the
court. Within that time the man must de-
tide which course he will take, and give
notice accordingly. The law does not per-
nit him to go on to the higher court with an
appeal, thus having the benefit of an arrest
If decision, saying: 81 appeal; l do not
complain" and then, on arriving at the
higher court, to reverse his policy, saying:
I complain; do not appeal" manifestly
his cannot be done.
MR.. LONGS AWKWARD PREDIcAMENT.
FolTth.-Mr. Long himself alone is re-
n0nsible for having his cauae in this awk-