Omaha daily bee., 1892-05-27

under the constftusibn Of me church or place
the synod ia a strong dilemma. The synod
of New York has q right 10 entertain the
appeal That SYNOD has, une-seventh OF the
resbyteries and une-sixth Of the ministers
OF the whole church ana, assuredlv, is large
enough TO be consi1ered capable of deciding
a case ana too large TO be passed over oy any
committee.
'Slxth, The appeal cannot be properly en-
tertaiueu, because II should be consolidated
With n complaint from some of the parties
before the synod. The complaint Is in order
before the synod, but aot before the assem-
plv. The appeal anu complaint being prnc-
tically identical. should he consolidated and
this can only uccur In synod.
''Sevt nth. The appeal is irregular ,becRuse
notice was given TO the presbytery Of the ap-
peal to the synod OF New York The appeal
to the assembly seems TO have been an after
thought. The committee had exhausted Its
rights Nv that notice.
Eighth, The appeal cannot be entertained
because the complaint TO the synods acts as a
stay until the synod decides whether the
committee has the right TO exist and there
fore the right OF appeal"
DIR. Briggs Closes H8is Argument.
In conclusion, nr Briggs saia ''Mr.
Moderator, minister's and elders / have
limited my argument TO one simple point,
thai is, the appellants, II they arc appel
lants, which we do not concede. IL they
have the right to appeal, unuer any circum-
they ought to 20 TO the synod of New York.
The reasons they present why you should en-
tertaln their appeal are invalid. You could
not admit them without prejudicing the
cause of the defendant, usurping the author
itv winch belongs TO the lower court and
acting IN a hasty, Illegal and revolutionary
Manner
DR. Briggs then summed up the further
points he had made IN nistargument and con-
tinued: II submit this argument To your
oi,la bndx xtyifh ha tncf hat pn
will DO Justice to the appellee that you will
recognize the right OF his copresbvterv, that
you viii credit the presbytery of Now York
and That YOU will trust the synod OF New
York, all OF which you can do only by DIS
missing the appeal una referring the appel
lants TO the synod OF New York, who're they
must appear in any cuse TO main ntain their
own complaint before that judiciary and
TO resist the complaint Of others IN the pres
bytery OF New York.
The reading Of this paper took Just one
hour and TWENTY-FIVE minutes. AT twenty
five minutes before the hour of adjournment
the floor was given 10 Colonel McCook of
New York, on behalf of the appellants. He
continued until the hour set by the order of
! the day for recess.
The moderator then stated that the ques-
| tion was upon the nation to enter the appeal.
| The motion carried
The question wus then upon the report of
| the minority, recommending that the case be
sent back to tue synod o. New York. Upon
| motion the report was laid on the table by q
| vote Of 335 10 1872. The majority report was
| then adopted without division.
Records of the Case.
| Then arose the question over 'records Of
| the case.r The moderator stated that there
| was n book in the nnuse bearing thnt title,
| continuing tne minutes of the prespytery OF
| New York, with stenographic reports OF the
| Briggs trial on charges of heresy. The ques-
| ton was whether the books contained the
| true records.
DIR. Briggs objected TO this book. he
| stated il was inaccurate, contained things
| which did not belong IN the record and that
| it changed the order of proceedings. After
much discussion il was finally decided that
| the records IN The case consist of minutes as
| written and from stenoEraphic report
| protest, because of the belief that the consJl
| tutional rights OF DR.. Erlggs rhnd been IN
| vaded by the assembly,