The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-05-25
THU BRIGGS CASE Is OPBN.
DR.. Birch Outlines the Plan of
the Prosecution.
NO DELAY OF JUDGMENT.
DR.. Briggs in Reply Protests Against
Entertaining the Appeal.
He Claims That 1t Is Incorrect In Form,
and That Matter Was Included Which
Rendered 1t Invalid-He Spoke
an Hour and Half.

WASHINGTON, May 24.-The Presbyte-
rian general assembly resumed its session
this morning. The committee on aid to
colleges recommended that the PROPOSE
ton of Arthur Brown to donate a hun
dred acres of laud in Salt Lake city as a
site for the location of Westminster col
lege, Utah, be respectfully declined, which
was adopted.
The report of the committee on foreign
missions stated that an effort would be
made this year to raise ST. ,250. 900. A re-
cess was then taken till 2:30, when the
Briggs case was taken up.
At the afternoon session Moderator
Craig convened the assembly as a court.
DR.. Briggs assembled the platform amid
intense quiet and made brief prelim-
mary statement regarding the time he
required for argument.
DR.. w. +. Birch, chairman of the prose-
cutting committee, then took the floor.
After touching upon the history of the
case DR.. Birch said: eve here invoke this
Supreme court to put an end to the dis
sension and disputation which the New
York Presbytery has vainly endeavore ed
to silence. The form in which the final
Judgment of the New York Presbytery
was returned gives the impression that the
alleged errors of Professor Briggs are I'M
important and no essential doctrine con-
tradicted. There has been a tendency to
minimize the full force of the indict-
ment that the errors charged are funda-
mental. In reply to the argument an ap-
peal cannot be taken from the verdict of
acquittal. DR.. Birch said that he who
teaches that the power of the general
assembly can be nullifed by will of any
single Presbytery lifts the banner of
treason against the Presbytery and
church. Your appellant beseeches this
venerable court to exercise its authority
in crisis SO momentous as to make every
plea for delay OF Judgment out of or
der. ~
At 3:15 o'clock DR.. Briggs arose to re-
ply to the opening of the prosecuting
committee and protest against the enter
tanning OF appeal by the general assem-
bly,. DR.. Briggs went on to argue that
the form of appeal was incorrect and
there were many things in it which
must be removed before the assembly
would entertain it. He also pointed out
that matter was included in the appeal
which he said rendered it invalid. A
much more fundamental question is at
stake, said DR.. Briggs, than any principle
or doctrine that had yet been discussed,
that was whether the Presbyterian
church should be considered as merely a
voluntary religious society or the church
of Jesus Christ. It was the civil law of
the land, he said, that no man should be
twice tried for the same offense. Was
the Presbyterian church ready to ignore
or violate well settled principle found
by cen turtles of observation and expert
ence to be essential to the well being of
people without any sufficient cause?
Ii this appeal was sustained it would
become an unfortunate precedent
which would be followed by
public prosecutors who would
magnify their Office and bring differences
of opinion, and establish new and easy
way for ambitious litigants to secure au-
thorization of decisions of the general as
sembly in many matters which are now
regarded as a legitimate matter of private
opinion, and thus imperiI the constitu-
ton by an unending series OF heresy
trials, and result in changes in the doc
trine and law of the Presbyterian church.
The general assembly could not lawfully
reverse or amend its constitution by final
Judgment in heresy trials. Public prose-
church into very inconsistent and dan
gerous position. They are endeavoring
to secure new definitions of dogma by
final Judgment in heresy trial when
they ought to aim to secure them by
overtures, in accordance with the pro-
visions of the form of government. DR..
Briggs spoke an hour and a half and then
yielded for motion to adjourn.