The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-05-27
THE PRESBYTERIANS
The Whole Day Taken Up by the
Briggs Case.
ABLE ARGUMENTS OF MINISTER'S
The United Presbyterians in Session at Pitts
burg Also the ColOred Brethren in
Hot Springs, Arkansas.

case, and the end is not yet. The appeal of
the prosecution committee was entertained
and the assembly set itself the task for to-
morrow to hear the appeal as presented by
the appellants" the committee of perse-
cution in the case. The appellee" DR..
Briggs, and members of the judicatory, ap
pealed from the presbytery of New York.
The prospects are good for quite lengthy
debate. but there is also an evident desire
among many members of the assembly for
an ending of the case.
There was hot fight this afternoon over
the question whether the stenographic
record of the proceedings would be re-
garded as a part of the records Of the
court. After lengthy debate the chair
decided afirmatively, in face of the fact
that the records in question had never
been read or approved by the presbyterY,
and in opposition to three superior court
judges. A protest was entered against
this decision by one of the judges on the
ground that thereby the constitutional
rights of the defendant were invaded.
The Presbyterian General assembly was
slow in getting to work on the order OF the
day, the hearing Of arguments in the Briggs
case. Finally DR.. Birch took the floor to
present the case against DR.. Briggs. Each
side will have sn hour and half
Dr. Birch gave at length the reasons why
the appellants overleaped the synod OF
New York. The present course taken, he
said, was TO get constitutional advice,
which the assembly could give, in order to
restore peace in the church. He wanted to
know If the committee had not done right
to bring the question before the assem-
bly, aud showing the irregulari-
ties of the action of the presby-
terry Of New York. The case was one of
intense Importance, involving as 1t does
doctrines fundamental to the church and
of much more Importance than any other
question which ever agitsted it. Further
more, the plea of the appellants is re-
enforced by Presbyterians here repre-
sented, who have spoke to number of
more than four score in trumpet tones in
opposition to the views referred to. If the
prosecutor was an individual, some show
Of reason might be presented why the
regular procedure should be followed,
but the appellant is the Presbyterian
church.
DIR. Birch closed with an earnest plea
that the general assembly entertain the
appeal.
DR.. Briggs then took the floor and spoke
an hour and a quarter in objection to the
entertainment of the appeal. Strong rea-
sons, said he, must be given for allowing
any departure from the ordinary methods
In this case there are no exceptional rea-
sons why the appeal should be entertained
and there are insuperable reasons why IL
should not be entertained. He proceeded
to generalize the reasons why the assembly
should not entertain the appeal.
The statement of the appellants that this
Is enc of the most important cases in the
history of the Presby terrain church is g
valid reason why they should not pass
over the synod of New York and appeal to
/ . h.ar hi fha,, L. borr
can sustain their charges, the synod of
New York is the body before which they
should go or else assign valid reasons for
| the opinion that the synod may not do them
injustice.
Their second reasons" said Briggs, sis
a desil to secure condemnation of errors
of the defendant by the supreme judica-
tory, but the supreme iudicatory cannot
condemn the defendant without trial, for
it lacks original jurisdiction and can only
act after verdict is given in the presby
terry. The defendant asserted that his ad-
dress was in entire accord with Holy Scrip.
ture and the system of doctrine taught in
Westminster confession. Again and again
he has affirmed his adherence to the con-
fession and Holy Scriptures. He is en-
titled to the presumption of innocence until
proven guilty after trial. AS to the state
ment Of the appellants that they desire g
speedy settlement of the question, why
then did they not acquiesce in the decision
of the presbytery of New York when they
! dismissed the case! II dissatisfied they
should have framed new charges and speci
fcations. This appeal cannot be entertained
| because there are no precedents to Justify 1t
The established usage of the supreme
court is TO refer appeals back to the synod,
l and the right of every minister and elder
is threatened by its proposed entertain
ment. Furthermore 1t cannot be enter
tanned because it would deprive the defend
ant Of the right to the consideration of hi
synod, because it might deprive more thai
one hundred ministers and elders of tn,
pres by terry of New York who have takeI
action in the case by their complaint to tn
synod; of their right OF complaint agains
9 the action under which this committee i
! acting, and which is now pending in tn
t synod of New York. The entertainment
of the appeal would intrude upon tn
3 functions of the synod of New York
a That synod has one-seventh of tn
presbytery, and one-sixth of the minister
4 of the whole church, and assuredly is larg
enough to be capable of deciding the cas-
: and too large to be passed over by an
= committee"
Under these and other points Dr. Brigg
1 argued at length, saying, in conclusion
Z that the reasons presented by the appe
i liant why the assembly should entertai
their appeal are invalid. The assent oil
4 could not admit them without preiudicin
e the cause Of the defendant, usurping tn
authority which belongs to the lower cour
d and acting in hasty, illegal and revolu
tionary manner. He trusted the assem- bl
: would dismiss the appeal and refer the ap
e pellant to the synod of New York, wher
:. they must appear in any case to maintai
: their own complaint before that of th
J. judicatory, and resist the complaint {
}. others in the presbytery of New York.
e Colonel McCook of New York responde
at length to DR.. Briggs, speaking in beha
of the appellants, arguing on the same line
laid down by Birch and against the point
: of Briggs address. Among other thine
he asserted that the complaint now befol
the New York synod was signed only b
:. one member of the Presbytery within Il
% ten days limit.
}; 1t was provided in the institution of IL
/ church that the other names, 1l3 in nur
i Der, were added since the expiration of IL
l. limit, and so far as the power of the con
plant as stay was concerned, the nam
might as well have been written on pape
and thrown into the street E
l. eliminating this complaint the asseI
n bly, would eliminate all matters viii,
have gone to the synod of New Yor
Notice was given to the presbytery of tt
u appeal to the synod of New York. II
le appeal to the assembly seems to have BET
t. an after thought The complaint to Ii
n synod, signed by more than one-third
50 those present and voting in the presbyter
o. acts as stay until the synod decid
whether the committee had a right to ext
and therefore the right to appeal.
c 1.-The appellants have wronged the q
IS fendaEt by their course in passing ov
ty the synod and holding the defendant
4 though he was guilty of heresy, even aft
:. dismissal came by MS presbytery McCot
Of tory of the case showed that this conan,i
Oh tee was committee of prosecution and