Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-18

On the aforesaid motion to dismiss the case,
as expressed specifically in the words ito ar.
rest the Judicial proceedings" and hereby dis
Charges the committee from further consider
alton OF the case, the presbytery by yea and
nay vote refused to adopt the above resolution
and to dismiss the case.
DISMISSED By THE PREsBYrxRY.
That on tine said 5th day Of October, A. D.
1891, the said presbytery adjourned to meet on
the 4th day OF November, A. ID. 1891, the day
upon which the said citation was made return
able, and that at said meeting on the 4th day Of
November, A ID. 1891. the said prcsbytery was
charged as judicatory in accordance with
rule AL OF general rules for judicatories,
and thereupon the said presbytery proceeded
in the case of the Presbyterian Church in the
United States OF America against the Rev.
Charles A. Briggs, ID. D., and the said DIR.
Briggs then presented a paper purportiug to
be objections TO the suficiency OF the snsd
charges and specifications in form and le.d
enec;, that said paper was largely answer to
saiS charges CT sn ADMINISTRATION the inertia q
the case. and wac denom,nsted by tue said W.
Briggs himself ''BesDcuse to The Charges and
Specifications submitted TO the presbyfery Of
New York. By Prof. Charles Augustus Briggs,
T. D., za6 that the said preebytery thereupon
permitted members OF the said presbytery 10
discuss the merits Of the main question on
behalf OF the accused before ara without per-
uniting the prosecuting cnmn.s.tee - be heard
on the merits of the cAse.
That q question 20 the status of the prose-
cutting committee was raised, and the modera-
tor decided that the committee was properly
committee Of prosecution in view OF the pre-
yious action OF the presbytery. and was in the
house as an original party under the provisions
OF section 10 Of the book Of discipline. That
an appeal was taken from the decision Of the
moderator. the question divided. and the
moderator was sustained in the point, that the
committee was in the house a properly APP
pointed committee OF prosecution. and also sus-
tanned in the point that the committee, as rep
resenting the Presbyterian Church in the
United States Of America, was an original party
in the case
That on said November L. A. ID. 1891. the
said presbytery, after fully hearing Dr. Briggs
Response TO the Charges and Specifications"
ana without permitting the prosecuting COM
mittee to be heard on the merits of the case
upon the motion OF tho Rev. Henry Van DYKE.
ID d.. made and entered on its records its de-
cision and final Judgment Diminishing the said
case In the following words. TO wit:
Resolved, that the presbytery OF New York,
having listened to the paper OF the Rev. Charles
A brlggs, ID. ID, in the case of the Presbyte-
ran Church in the United States Of America
against him as to the sufiiciency OF the charges
and specifications in form and legal effect; and
without approving Of the positions stated in his
inaugural address. at the same time desiring
and In view of the declarations made by DR.
Briggs touching his loyalty 10 tie Holy Scrip
lures and the Westminster standards, and Of
MS disclaimers of interpretations put on some
OF his words. deems il best to dismiss the case,
and hereby does SO dismiss il"
APPEALED TO THE ASSEMBLY
From the aforesaid action OF the said presby-
terry OF New York on the said 4th day OF Novem-
Der, A ID. 1891. in dismissing the case, the
prosecuting committee took an appeal in the
name and on behalf Of the said Presbyterian
Church to the general assembly Of the Presby-
terrain Church in the United States OF America,
in accordance with the prov 'sions Of sections
"a 70 l02. inclusive. Of the book OF discipline.
The said appeal was made upon six different
grounds, supported by TWENTY-FIVE specifica-
lions Of error, and together with the written
notice OF appeal required by section 50
OF the book of discipline. was given TO the
stated clerk Of the presbytery Of New York and
lodged with the stated clerk OF the general as
sembly, within the time required by SECTIONS
96 and 81 Of the book Of discipline.
The appeal the record and other documents in
the case were referred 20 the judical committee
OF the general assembly of 1892 at Portland,
Ore, and the following action was had thereon:
The judicial committee presented its report
IN the case OF the Presbyterian Church in the
United States OF America va Rev. Charles A.
Briggs. ID. d.. which WAS accepted. as follows:
The judicial committee respectfully reports
that il has carefully considered the documents
submitted to it in this case, and adopted the
following resolutions:
That. in the opinion Of this committee, the
appeal taken by the Presbyterian Church in the
| United States OF America, original party
represented by the COMMITTEE Of prosecu-
ton" appointed under section IL Of the book
of discipline, has been taken from the fnsi
Judgment OF the presbytery in Diminishing the
case, and that the said committee had the right
to take this appeal representing the said origi-
nal party.
2 That it finds that the notice OF the appeal
has been given and that the appeal. specihca-
| tions OF error and record have been fled in ac-
cordsnce with sections So and 81 Of the book Of
discipline and the appea. is in order.
g. That. in the judgment Of the committee.
the appeal should be entertained. and Q time
set apart for the hearing Of the case.
In view Of these considerations the COMMITTEES
| reports that the appeal iE In order and that the
general assembly should proceed, in accordance
with the provisions Of section 80 of the book Of
discipline, by causing the judgment appealed
from. the notice OF appeal, the appeal and the
specifications Of the errors alleged to be read;
then to hear the appellant by the committee Of
prosecution; then the defendant in person, or bp
his counsel; then the appellant by the commit
| tee OF prosecution in reply upon the question,
Whether the appeal shall be entertained?"
minutes Of general assembly, 1892, page 90)
The general assembly then constituted
and charged in accordance with rule XL Of the
general rules for judicatories, and during lie
sessions. on the 25th and 26th days Of May,
1892, heard the arguments OF the appellant and
the appellee upon the question whether the ap-
peal should or should no. be entertained. the
assembly adopted the report Of the Judicial COM
mittee and the appeal was entertained. Min
utes Of general assembly, 1892, pages lis and
119.)
Against this action OF the assembly, s.in en-
tertaining the appeal of the prosecuting COM
mittee, and so giving the committee
which preferred the charges against DIR. Briggs,
| standing before the assembly and right OF APP
peal an original party,"a protest was pre-
scented by the Rev. s. J. Mcpherson, ID. D.. and
Others; which protest was ordered to be en-
tered on the minutes Of the assembly without
answer. Minutes OF general assembly, 1882,
pages l5S, 205.)
The appeal. upon its merits, was then fully
argued BY the appellant and the appellee before
the general assembly, on May %, 1892 minutes
of general assembly. 1892, page l4o), and the
provisions of section SO Of the book OF disci-
pline having been fully complied with, each of
the twenty-five specifications of error was sus-
tanned. The yeas and nays were ordered upon
the question, ''Shall the appeal be sustained"
and ADJ commissioners voted TO sustain the APP
peal and 81 voted not 10 sustain. minutes Of
general assembly. 1892, page l41.)
RENAMED FOR NEW TRIAL.
On Nav 20 1892 the committee anpointed "A