The morning call., 1893-05-25
ONCE IN JEOPARDY
Briggs Makes a Very
Strong Plea.
REASON RULES IN RELIGION.
Can an Appeal Be Taken to the
Assembly From a Verdict
of Acquittal?
Special to The MORNING GALL.

WASHINGTON. May 24-The Presby-
terian General Assembly resumed its ses-
sion this morning.
The committee on aid to colleges recon-
mended that the proposition of Arthur
Brown 10 donate 100 acres of land at Salt
Lake City as site for the location of the
Westminster College of Utah be respect
fully declined. Adopted.
The report of the committee on foreign
missions stated an effort would be made
this year to raise 1,250.000.
At the afternoon session Moderator
Craig convened the assembly as a court.
DR.. Briggs assembled the platform amid in
tense quiet. and made a brief preliminary
statement regarding the time he required
for argument.
DR.. w. F. Birch, chairman of the prose-
cutting committee, then took the floor.
After touching upon the history of the
case, DR.. Birch said: "We are here to in
woke this supreme court to put an end to
the dissension and disputation which the
New York Presbytery has vainly endeay-
ored to silence. The form in which the
final judgment of the New York Presby-
terry is returned gives the Impression thai
the alleged errors of Professor Briggs are
unlmportant, and that no essential doctrine
has been cnntradicted. There has, in fact,
| been tendency to minimize the full force
of the Indictment. The errors charged are
| fundamental"
| In reply to the argument that an appeal
cannot be taken from verdict of acquit
tai, DR.. Birch said that he who teaches
that the power of the General Assembly
can be nullifed by the will of single
presbyter lifts the banner of treason
against the Presbyterian church.
! Your appellant beseeches this venerable
court to exercise its authority in a crisis
so momentous as to make every plea for
delay of judgment out Of order.
At 3:15 O'Clock DR.. Briggs arose TO reply
to the opening of the prosecuting commit
tee and to protest against tie entertaining
of the appeal by the General Assembly.
DR.. Briggs went on to argue that the form
of the appeal was incorrect and that there
were many things in it which must be re-
moved before the assembly could enter
tain it. He also pointed out that matter
was included in the appeal which, he said,
rendered it invalid. A much more funda-
| mental question was at stake, said DIR.
Briggs. than any principle of law or tinc-
trine yet discussed. and that was whether
the Presbyterian church should be con-
sidered merely voluntary religious
society of the church of Jesus Christ? Il
was the civil law of the land. he said, that
no man should be twice tried Tor the same
offense. Was the Presbyterian church
ready TO ignore or violate well-settied
principle found by centuries of observa-
ton and experience to be essential to the
well being OF the people and without
sufficient cause to bring man to trial for
an offense of which he had already been
acquitted?
If this appeal was sustained it would be-
come an unfortunate Trecedent which
would be followed by public prosecutors,
who would magnify their office and bring
differences of opinion, and 1t would esta b.
lish a new and easy way for ambitious
litigants to secure authoritative decision.
If the General Assembly in many matters
which were now regarded as legitimate
matters of private opinion, and would
thus imperl the constitution by an unend.
ing series of heresy trials and result il
changes in the doctrine and law of the
Presbyterian church. The General Assem-
bly, could not lawfully revise or amend the
constitution by final judgment in heresy
trials. The public prosecutors were push
ing the Presbyterian church into very
inconsistent and dangerous position. They
we're endeavoring to secure new definition
of dogma by final judgment in heres,
trials, when they ought to aim to secur.
them by overtnres, 10 accordance with the
provisions of the form Of government.
DR.. Briggs spoke for an hour and a half
and then yielded for motion to adjourn