The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-05-26

Tho Sunday Questionable Assem-
bly, Assured by tho Attorney Goner-
al That tho Law viii BO Enforced.
WASHINGTON, D, O., May 24.-At $3.50
the moderator opened the general as
gembly with prayer, and after the dis
position OF some routine business. pre-
scnted report from tho judicial com.
miuoo recommending that the six COM
plants OF j. j. McCools and others,
against the New York synod, growing
out OF the trial Of Prof. Briggs, be refer
red to judicial commission for trial,
The recommendation OF the commit
tee was adopted.
DR.. Baker then reported the action Of
the committee upon the overtures re-
laling to appeals direct from the synod
to general assembly. The committee
said that inasmuch as these overtures
had to do with the case now pending 1t
seemed only fair that the report on
them should be made before the case
should be determined. at the same
time, recognizing tho fact that there
was no opportunity at this time for the
discussion, it was recommended that
the report be placed on the docket, un-
less the assembly was ready to vote
promptly on il. Overtures from
twcnty.nine presbyteries asked speci'
fcation on the case now pending;
those from fourteen others asked d
change in the book OF discipline to pre-
vent any future appeal being taken
direct from tho presbytCry to the gen.
oral assembly. Tho committee recon-
mended tho adoption Of the following
resolution:
"Resoiued, That presbytery has the
undoubted right Of petition to the gen.
eral assembly, as to all matters relating
10 the poliLy OF the church; but an
overture from Il presbytery, advising
the assembly what action should be
taken by said assembly in pending ju-
dicial ease, is an irregular and unpre-
cedonlod ecclesiastical procedure.
Every presbytery has the right and the
opportunity to have its opinion on a
pending judicial case expressed through
its commissioners on the floor OF the
assembly, but it has not the right by
overture to try to influence the decision
Of the assembly on any pending judicial
case. We therefore recommend that
all such overtures, in 80 far as they re-
late to the action Of the assembly in the
case now pending before it, be laid
upon the table. We further recon-
mend that part OF said overtures relat-
ing to u change in the Book OF Disci-
plne, SO as to provide that no cases
may in tho future may be taken by aps
peal directly from the presbytery to the
general assembly, be referred to the
committee on church polity."
The assembly apparently was ready
to act upon the report, for motion to
accept it and adopt the recommenda-
tions was promptly made and adopted
with no dissent.
Moderator Craig then received the
assembly into judicial court, and DIR.
Briggs resumed his speech in defense of
the action OF the New York presbytery
in the case OF the prosecution against
him and in opposition to the enter
tanning OF tho appeal from the judg.
ment OF the presbytery thereon.
DIR, BRtGas REsUMEs.
After briefly rostating the points made
yesterday DR.. Briggs said: "The pres
bytory OF New York, tho largest in the
Presbyterian church, aftor long and
patient consideration OF the merits Of
the case gave verdict OF acquittal.
Would the general assembly bo willing
to give the same amount Of time and
same degree OF patience TO the consider
alton oil the merits OF tho case II the
appeal should bo entertained. The
general assembly is composed OF more
than 900 members from all parts OF the
United States. 1t is likely that so
numerous body will bo more equit.
able court than the presbytery OF New
York Lot any one consider tho sltua-
alton OF Affairs in tho Presbyterian
church since the process was be.
gun against DR.. Brigg9 aud hon.
estIy ask whether tho general
assembly is likely to be in moro
Judicial lramo Of mind than tho pres.
bytory Of Now York. II tho general
assembly should entertain this appeal,
II would bo necessary 10 consider tho
merits OF tho case with tho utmost care,
with evident impartiality, with entire
freedom from party prejudice and with
unwoarled patience for several weeks,
or you could not win public confidence
IN your Justice, or public respect tor
your decision. II you override nll the
provisions OF tho con Institution and
maxina Of civil law, tho usagos oI
clvIl and ecclesiastical courts In order
70 entertain an appeal and thon rush
it9A nasty docIsion, you strike q deadly
DloR at the constitution and the do.
ciplino Of the Presbyterian church."
lilo then reviewed tho history OF tho
case through itR various usungoa III
ptesbytGry aud general assembly, show.
ngthe Dismissal Of the charges in 1901
anJs an acquittal Ia 1899, "by q court I,
as he said, (which showed 80 evidently,
70 say tho least, that thOy were not
Ola'cd Ia favor OF DR., Brlggl, and which
was under the external pressure Of the
unlayorable action OF tho two general
assemblies, and which was compelled
to doquit him by tho evidence in the
case, rs equivalent to put tho defendant
N Jeopardy again for tho errors charged
against him.
SUGGESTION,
mo civil court could do osucA wrong,
IL would bn noty and intn,,itors MA