New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-27

proper for the Presbyery give under the
but which had OF relevancy to the opeeIohs "
had presented to the Presbytry as to the sumcehcy %
the charges"
1t seemed the ard his friends that 1t would
he proper other to defend this action
of the Presbytery and their desire that Dr. Francis
Brown Dr. Charles L. Thompson should undertake. this
But owing circumstances which 1t Is not necessary
to consider these friend defendant not sent by
Presbycry commissioners to the Assembly and t
became necessary the defendant either TO select Tor
counsel who Altogether familiar with the
else TO appear before the Assembly himself
appear before you therefore by choice but under con-
,traint OF duty
The defendant ia suffering under another embarrass
ment due IN the situation. lie Is compelled 70
make legal argument against the entertainment
OF this appeal in the interests OF orderly
procedure In our judicatoes, and thus he may uncon
scousy present the appearance OF ntcrposins obstacles
In the way OF HIS trial. He can only say that he
has always been ready any ''charges and spec
hcaons sufficient in form and in legal cfect which may
be made against him at the bar of his Prcsbyery and to
dsprovc them
Taking up the four urged by the prosecuting
committee for making their appeal Dr. Briggs made The
point that the reasons presented by the appellants are
not such to justify the General Assembly in enter
tanine their appeal
Then he proceeded 10 show that the appeal could
not be entertained because there were presidents
10 Justify because 1t woud deprive the defendant
(himsel0 Of right, namely. the consideration OF his
deprive more than 100 ministers and elders Of tho
Presbytcry Of Ncw-Yorl who have taken action In
the case. Of their right Of appeal because by enter
taning II the Assembly would intrIde upon the
functions OF the synod because the appeal was
irregular, notice having been gwen to the Presbytery
Of appeal 10 the synod because the complaint to the
synod signed By more than two thirds Of the Pres
bytcry acts as a stay until the synod dccidcs whether
the committee has right to exist and therefore
there Is pending before the synod complaint against
an lntorlocutory decision Of the Prcsbytery.
Or. Briggs closed follows
Mr. Moderator, Ministers and Elders: 1 have limited
my the simple fact that the appellants-f
they appellants which do conccde. and II they
have right appeal under any circumstances. which
Is open 10 grave doubt-that IN any they ought to
20 the Synod 81 NewYOrk. The reasons they pro-
sent why you should entertain their appeal invalid
You could admit them without prejudcing the cause
OF the defendant, usurplng authority which be-
longs 10 the lower courts, and acting I'm
hasty. Illegal and revolutionary manner. OBJ
cctions have been presented against The entertainment
~ this apncal which seem be lnsuperabe The law
OF appeals docs not Justify the passing the Synod in
the interest the appellants The pecedents OF appeals
before the Assembly all against this appeal
To entertain IL would be deprive the defendant OF his
right. under tho constitution II would wrong more than
100 ministers ard elders Of the Presby'ery Of NewYork
nv damaging or destroying their right Of complaint. IL
would override the Synod Of NcwYork the most compe'
and tho only proper udatory o. determine the case
would Put that great Synod In the AWKWARD dlemma
either discgardng the rights OF compliments represent
ing the majority OF Prcsbytery Of NewYork, or OF
diregading decision Of the Assembly and SO nvov'
ing conflict OF Jurisdiction. 1t would be against pre-
c,dcnt OF General Assembly, which dismissed case
because notice was given TO sbytey Of appeal t. Synod
and only subsequently OF appeal 70 General Assembly
You cannot entertain this APPEAL finally because this
committee Is stavcd from appealing by complaint pend
ing before the Synod NcwYork, signed by majority
n the voters In Prcsbyery u Newfork, and because
until thl, ncrlocuty decision is revised and determined
by synod there il formal judgment In the case from
which an appeal can be taken
submit. this argument your venerable body with the
request that you will do justice TO the defendant that you
will recognize rights Of his coprcsbycrs, that you
will crcd Prrsbytery OF NewYok and that you VIII
trust the synod u New-York all which you do only
by Diminishing this appeal and referring the appellants TO
Synod Ncw.Yok. where they must appear in any
maintain their complaint before the judicaory
and the compla u the majority OF the Presbyery
Of New.York which must be- considered and decided by
the Synod OF New.York a: the next meeting