Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1893-06-02

Washington, May 25.-An immense
audience Of spectators crowded the
church at today's session of the Pres
byterian general assembly in anticipa-
ton of continuation of the discus
sion of the Briggs case.
Moderator Craig opened the assem-
bly, with prayer and after the DISPOSE
ton of some routine business, DR.. B;
ker, chairman, pl esented Il report from
the judicial committee recommending
that the six complaints of j. j. McCook
and others against the New Yory sy-
nod, growing out of the trial of Profess
sor Briggs, he referred to judicial
commission for trial 1t gave rise to
an informal discussion, i'll the course
Of which the question was asked
whether or not the synod of New York
had met since the charges were filed.
Moderator Craig said: I'VE have Il
certificate from the stated clerk that
the charges are in order. and we can
not 60 behind he returns.
The Recommendation of the commit
tee was adopted.
DR.. Baker then reported the action
of the committee upon the oyerturcs
relating to appeals direct from the sy
nod to the general assembly. OvertureS
from Twenty-Five presbyteries asked
specific action upon the case now pend
ing; those from 145 others asked Il
change in the book of discipline, to pre-
vent any future appeal being taken di
rect from the presbytery to the gen
eral assembly.
The committee recommended the
adoption Of Il resolution, which was
adopted, to the effect that the presby-
terry has the Imdoubted right of petit
ton to the general assembly as to all
matters relating to church policy, but
an overture from a presbytery advis-
ing action in a pending judicial case
is irregular and unprecedented.
Every presbytery had not the right
by overture to try to influence the de-
cision of the assembly on any pending
case. 1t was, therefore, recommended
that all overtureS relating to the as
sembly's action be laid upon the table.
A resolution was adopted appointing
of Chicago, and Baker, of Philadelphia,
and Elders Ketchum, of New York,
and Low, of Colorado, Il committee to
visit the proper officials and learn
whether it was their intention to OBJ
serve the Sunday-closing law for the
worlds fair.
Dr. Roberts said the fair was 4 bond
ed warehouse and it was entirely COM
petent for Secretary Carlisle to turn
the key on Saturday nights.
DIR. Briggs Resumes.
IN as:"lGii. was then resolved irto
a judicial court and DR.. Briggs resumed
his speech in defense of the action of
the New York presbytery in the case
against him, speaking at length against
sustaining the appeal.
The presbtery Of New York, he said,
after a patient consideration OF the
merits Of the case, gave u verdict of
Iacquittal. Would the general assembly
be willing to give the same amount
Of time in the consideration of the case
! if the appeal should be entertained?
The assembly had 500 members from
all parts of the United States Was it
likely that so numerous d body would
be a more equitable court than the
presbytery of New York? If the general
assembly should entertain this appeal
| it would be necessary to consider the
merits of the case with 1mpartiality
and unWearied patience for several
weeks OF the assembly would lose the
public confidence in it's justice. If the
assembly rushed to a hasty decision Il
deadly blow would be struck at the
constitution and discipline Of the church.
| DR.. Briggs reviewed the case, show
ing the dismissal OF the charges in 1891
and an acquittal in 1892 by a court
which was not biased in his favor, but
compelled to acquit him by the evidence
in the case. 1t would be an Ubiquitous
precedent for an ecclesiastical court to
put the defendant in jeopardy again.
The civil courts might, in the interests
q guilty, interfere. The as emily could
not entertain the appeal without doing
violence to the sense of right exhibited
in the constitution Of our country, with
out injustice to the defendant and the
New York presbytery, and without I'M
dermining public confidence in the equi-
ty of presbyterian discipline.
1t was for the public good, DR.. Briggs
said, that there be an end to litigation.
1t was too heavy cost to pay for the
sake of securing the condemnation or
one man.
The general assembly cannot take
the case under consideration. The mat
ter is In the hands Of the synod of New
York. That synod has thrown its shield
over the defendant and will protect
not only him but it's own rights of hear
ing the case without having its juris
diction interfered with rashly by the
assembly.
1t was bad policy for the church to
have the intervening courts overleaped.
If the assembly entertains this appeal
the glory of the synods will have de-
parted and those who have thus Sue
ceeded in breaking down the precedent
will drive a coach and four through
the breaches in the palace Of justice.
If the assembly should decide to come
to the final decision of the New York
presbytery it would not yet be final
decision for the defendant, as the pres
bytery and synod could not accept it
as either constitutional or valid.
Before the decision could be made,
continued Dr. Briggs it would be neces-
cary in the interests of common sense
and common justice to have the inter
locutory appeals passed on These are
in New York hands, and it is attempted
to brush all these aside in the efforts