The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-05-25

acquittal, DIR. Birch said that this was
equivalent to claim that o part OF the
church was greater than the whole.
"With all respect TO the accused in
this case" said DR.. Birch, 81 am ready
to say that his personal interest is as
nothing in comparison to the interest
OF the church in whose name ne has
been teaching, The question, what is
really Presbyterian doctrine, is to be
answered, not alone for ourselves, but
for all the American Presbyterians both
now and for some years to come, and
must be answered by the whole
church"
DIR. BRIGGS REPLIES
At S:15 p, m. DR.. Briggs arose to re-
ply to the opening of the prosecuting
committee and to protest against the
entertaining Of the appeal by the gen.
eral assembly.
The question before the assembly was
not, he said, whether or not DR.. Briggs's
teachings were proper, but whether or
not the appeal could be lawfully enter
tained.
The law OF the case at this stage for
bade the consideration OF it's merits
and he expressed regret that the prose-
cution had not observed this law.
The same law constrained the com.
missioners OF judges not to consider tho
controversies in question at this time,
but simply to determine the legality oil
the appeal.
DIR. Briggs went on to argue that the
form of the appeal was incorrect, and
that there weremany things init which
must be removed before the general as
sembly could entertain 1t. lie also
pointed out matters included in the ap-
peal which he said rendered it invalid.
DR.. Briggs asserted in tho next place
that the tinal judgment OF the presby-
terry in his case was really declared by
the moderator OF the New York presby-
terry on December 80, 1902, and from
that appeal should be taken, II from any
action OF the presbytery, and not from
action on January 8; 1858. He was not
to be exposed to the peril that lay in q
possible change Of composition OF the
body in the interim; nor put in ieopar-
dy second time because Of a.mistake
by the court which tried him at q date
subsequent to that on which the final
judgment was really delivered "1fany.
man thought these objections were peu-
rile and technical, lot him put himself
in my place. Why should he waive any
OF his rights when The prosecution was
endeavoring to take his ecclesiastical
liie."
A STRONG POINT.
The second ground upon which he
opposed the entertaining Of the
appeal, was that it was well estab.
lished principle OF law that a public
prosecutor could not appeal from Il
verdict OF acquittal.
Upon the question OF the standing
OF minister charged with heresy, DR.,
Briggs said there was no course open
but to remain in fellowship with tho
church until deposed after trial.
A much more fundamental question
was at stake, said Dr. Briggs. than any
principle o. law or doctrine that had
yet been discussed. That was whether
tho Presbyterian church should be con.
sidered as u merely voluntary religi-
ous society or church OF Jesus Christ.
1t was the civil law OF the land, no said,
that no man should be twice tried for
the same offence. The New York pres
bytory, under orders OF the general as.
sombly, tried DR.. Briggs for the crime
OF horesy and acquitted him. Was the
Presbyterian church ready to ignore or
violate that well settled principle found
by centuries OF observation aud export.
ence to be essential to the well being Of
tho people, without good and sutiient
cause?
THE LAW OF APPEALS.
DR.. Briggs then discussed tho law Of
appeals. This he asserted could be in.
vokod only by parties original to the
case and ageripved parties. II it were
lawful to appeal every case OF doctrine
and law brought between tho court OF
tho presbytery, 1t would compel tho
general assembly to finally determine
all these legal questions. II this appeal
should be sustained it would become
an unfortunate precedent which would
DO followed by public prosecutors hero
1ttor, who would, in many cases, II not
in most cases, magnify their Office and
bring difference OF opinion boforo the
supreme court OF tho church, and thus
establish u new and easy way for am.
bilious litigauts TO secure authoritative
decisions Of tho general assembly IN
many matters OF faith and morals, Of
life and work, which wOre now regarded
as legitimate matters OF private opin.
ion; aud thus imperil the constitution
by nm unending sOrios Of heresy trials,
result In changes In tho doctrine and
law OF the Presbyterian church.
II was possible that u majority OF tho
general assembly might mako an un.
constitutional decision, and that lhOro
might be serles OF DECISIONS OF quos.
tIons OF doCttlno and morals In con.
travontion OF tho docttinal and eccleEi.
nstical standards. What course should
Il synod, or a presbytory, or q minister
pursue In snCh case. They might bo
Justified in snying, "Wo refuse to Sub
nit TO the decisions Of this unrlrhteoua
majority We shall continue to main.
tain our constitutional rights. In tho
next horosy trial wo look for arightoous
verdict"
Unless tho highest court Of tho ne.
sombly should act In strict accordance
with tho forms Of laws aud Upon the
constitution Of tho church and With the
sncrcd rights OF man, as sct forth In
Iloly Scripture aud our national con-
slitulion, II would be no rebellion VI
tho minority In tho church continued
tho struggle against unrlghtOousnosg
and wrong, hoping for bother times
Tho general assembly could not law