New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-30
.JUDGE BRECKINRIDGES SPEECH
HIS STRONG PRESENTATION OF THE CASE
AGAINST DIR. BRIGGS.
A COMPACT LEGAL ARGUMENT JUsTIFYise THE
REPORT OF Dir. PATRONS COMMITTEE
DEATH CAME AS THE LAST
WORDS WE'RE SPOKEN.

REPORT OF Dr.. PATRONS COMMITTEE
DEATH CANE AS THE LAST
WORDS WERE SPOKEN.
lBY TELEGRAPH 10 THE rhBUNE =,
Detroit. May 20-The speech OF Judge D. W.
Breckenridge made before the Presbyterian 40
sembly Yesterday on the case of Professor Briggs
is given herewith in full
Mr.. Moderator, Fathers and Brethren am Opposed
to long speeches, and shall not inniet one upon YOU
did think ought TO say any hlng on V1is suD.sS e
but some OF my friends have thought, os nave gve
a great deal of attention TO this matter, legal
statement from might have some weight In forming
the opinion of those who TO consider this mauer
Let us 60 back to the history Of the case You VIII
remember that some years ago Union sem.isIH4 We
NOT subject TO this General Assembly, and In 1870 they
presented 10 the Assembly request saying, IN Dfiei
we regard the dangers arising from tne eIection "
- General Assembly S,t 6 Si Gee General Assembly viii
waive that right. applied to the seInnaries suOJooe
to its jurisdiction we on cur pq av SI not that is not
the approval not the conhrmaton not tne eiecuon ~
our professors but the dsapproval OF any eecuon VI
That being the case, we have right whatever
approve and the attempt 70 exercise inc rs' y re
rights Of The semlnales. We have no right 70 approve
as to Union Seminary We have 10 lsnt an a
To their election Of professors, but TO diSappoVe ag
election which we do not approve. More than that
the next Assembly aferward the Assembly OK i pcy'
DR.. Smith and being seconded by Che Rev ,Dr.
Nusgraye, both wcltknown names added 70 's tbs
eecon seins reported TO- the next Assembly held after
the election, the duty immediately rests upon exer S
at that Assembly Is abandoned ana aoalcsou go, anu %
used ana e by some pcso as have heard
and 1t has suggested to me- that TINS lsst aeuu
eemblv Of that year II is true that II lie the express
sion OF It's wish but think II is more than Visit, ior
having been added by its terms to the compact ALREADY
made It certainly stands bound by It, and the other
party acting upon IT, as + well may co1seo's 20 b be
some of my brethren that they understand H. u y
the fact that there are cases in when when courts s
the rieHt Of either party are appropriated by
reason OF the lapse Of time caused by the delay Oh the
bDt this is not that case for have deliberately made
this, Of our own act part OF the compact which we
other party accepts IT, 1t is not for us to question It,
Tlmt being the case our duty, as matter OF law,
NOT our duty as a matter of law. perhaps, but our
right We are clothed with power If we preserve u
have no power to dsay it, II we do the power ceases
and the right ends with the dissolution OF this AS
'i' do not think could make that more clear If
were to dwell upon It at any length out Oh II iet
ment OF DR.. Logan ought not to be adopted why
To undertake to modify the sentence OF any co1 nd S
pairs tho force of the Judgment but In this case rs
absolutely unnecessary since 1t Is 9h NJ %li besides
that seems to me 1t might be vicious, because IL is
calculated to miscad and create false expectauon s9
nothing unless it is an attempt to impair the force Of
s Gq Sa%nG hs Su es"s
ton, which is reported by the committee o and
before you upon the O Inn Oh or Of
ing all the eXigencies of the case: THAT In the
exercise fo of gh dn to y5H ses s@ay the
eral Assembly hereby dlsapprove Of the appantment
Robn s @'G proessdPshp Of Ethical theology in that
seminary by transfer from ANOTHER chair In the same
seminary" That is to say, this Assembly claims as
its construction Of the law that If transfer is made
from chair 9 enO %ds1 is an appgS nf M
sermn6ly if it should adopt this resolution, that
5 Psf the Sn %sm6y s says that appontmsn brought
about is dlsapproysd; We are obliged to use the
the law. We are to dsapprove an appointment and
that is the reason that sentence Is SO deliberately
Vow then Is proper to say as yOu have noticed
Seminary have acted upon the theory that they had
fessor already in the service Of the institution we say
na Is not our yiGw IT. Is the Hew view
assert views OF course neither is competent to de-
eide them finally If their be dispute TO this right
our right, we must be careful not to trample upon
the rights of the other side, which involve the
ion is adopted that the transfer is an appointment,
aud being an appointment, claim that we have the
sH WAS to dlcp which dey haa S % @
aud therefore did not contlavene the terms OF the
IS. III
arises, seems to me- good reason for the appoint
ment of competent and weighty committee who VIII be
ready TO receive from these gentlemen composing Ile
Board of Directors any statements they wish to make
with regard to the view they entertain under which
they took this action. More than that l ought to
his already done, that all this conceived and done
d @ o WR o 99s ae ts %e we an
mated by the kndllest feelings for them, and that
simply ee esesSi S Of nder e
circumstances which surround there are only three
courses that we could pursue possibly hrst we could
think we should we will not l am sure;
but that is one Of the questions ,v. see ssh
here. Third, we could take another course which l
know is in The minds Of some persons we cgd Hi
mildly or violently, as might seem well to YOU our DIS
sd sT f d R b Ssg' s @ Excellent
tan brethren that You have done what you have done
under misrepresentation and we are also sure snae
We therefore decline TO dlsspprove, and we send the
matter back to you, confident that you VIII In lie
measure which shall relieve the Church Of its din.
Guilty" Now, that is charming course to pursue IL
It were possible especially II the directors are ready
to suppose that IN dlsapproval we are treating 6es
to allow the possibility Of dIsapproyiIs .om 10
body else to do something that you ought to
do yourselvesl What would you think OF an
agent who being entrusted with the care OF your
estate and being confronted with question winch al
dressed itself TO his pety would ALLOW your Legal nSats
Whenever have thought I'm that direction 1t has SIM
~ to that. l confronted with the fact that
il fail to exercise this right dlsapprove ain giving
up something which the Church had committed TO me
and which / cannot return TO IT, as It's faithful agent
ought. Pety may degenerate into weakness and KIND
into lmbecity but neither of which permit, much
less require, the betrayal Of great trust.
Now, II you please, am on the verge OF making a
speech, which determined would not do In closing
| only wish TO say that l do not see under the
circumstances that IL Is possible for us to do any
thing but disapprOve. i think it wise for the Assem-
bly, not give Its We men OF the legal ira
ternitv know that the decision of Judge may be often
wise and satisfactory and his reasons absolutely un
satisfactory. Many time wise and able Judge ma.
been reversed put to the worst because he vered
to give his reasons-bad reasons for good act Never
give reasons il you are not obliged To- ana ana
maize YOU are obliged TO- make them as brief
as possible II | had time l think could find
forty for that Certainly 1t would be fol
an Assemble as this But IL does seem 10 me beyond
nnesfon that tie condition Of the mind OF tho