The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-05-26
He Makes an Eloquent Address
Against the Appeal.
HIS DENIAL OF CHARGES.
A Bitter Reference to the Omissions
from the Prosecutors Brief
He Closes with an Appeal That the Case
Go To the Synod of New York
Closing Argument of the
Prosecution.

Vic SIX complaints against the New Ork
synod. growing out of the Briggs trial,
be referred to the judicial committee for
trial. 1t also adopted without dissent the
recommendation on the overtures from
the presbyteries concerning appeals from
the presbyteries, direct to the general as
sembly, that such appeals are proper as
to all matters relating to the policy of the
church; but overtures from presbytery
as to pending judicial eases, such as that
of Prof. Briggs, advising the general as
sembly as TO what action it should take in
such case, are irregular ana unprece-
denied in ecclesiastical procedure, anu
that the proper way for the presbyteries
to influence pending cases is through
their respective commissioners on the
floor of the general assembly.
After appointing a committee to ascer-
tain whether the Worlds fair would be
open Sundays, the assembly resolved
itself into a court, Professor Briggs re-
sumed his speech in defense of the action
of the New York presbvtery in his case
and in opposition to entertaining an ap-
peal therefrom.
Alter briefly relating the points made
| yesterday, DR.. Briggs said in part: 'sThe
presbytery of New York, the largest in
the Presbyterian church, after long and
! patient consideration of the merits Of the
case, gave verdict of acquittaI. Would
the general assembly be willing to give
the same amount of time and patience to
| a consideration of the merits of the case if
the appeal is entertained? If you over
ride all provisions OF the constitution and
maXims of civil law, the usages of civil
and ecclesiastical courts in order to enter
tain the appeal and then rush to a basty
decision, you will strike deadly blow at
the constitution and discipline Of the
Presbyterian church."
DR.. Briggs then reviewed the history of
the case through the various stages in the
Presbytery, land general assembly, and
said ''you cannot entertain this appeal
without doing violence to that sense OF
right which is exhibited in the constitu-
ton of our country, in maxims of COM
mon law, in the statutes of our common
wealth, and in the practice of our civil
courts without establishing an entirely
new and dangerous precedent IN ecclesi-
astical; law without doing grave injustice
to the defendant and to the Presbytery OF
New York, and without undermining
public confidence in equity of Presby
terrain discipline,
SIS not this too heavy a cost TO pay for
the sake of securing the condemnation OF
man however Objectionable he may be?
Is it not too great strain to put upon the
constitution in order to gain decision on
the question of doctrine which may be
more clearly and satisfactorily defined by
procedure prescribed In the form OF gov
eminent. Common law lays down this
fundamental principle which applies TO
this case if to any; it is for public good
/ that there be an end to litigation
at one time during the morning, pages
began to distribute among the commits
sioners copies of a pamphlet upon the
legal standing of the prosecuting commit
tee. DIR. Thomas G.. Hall of Chicago com
plaiued of this saying the attention of the
the address by interruption and the mod
orator ordered the boys to cease.
At 1925 DR.. Briggs yielded for motion
to adjourn, having occupied three hours
and fifty-two minutes. After several an
nouneements, including the appointment
of Judicial commission to hear the COM
plants of j. J. McCook and others against
the New York synod the assembly took a
recess until 2:30 pm.
After the recess. DR.. Briggs spoke Bit
terly about the omission from the brief OF
the prosecutors of the questions put TO
him to test his faith, and his answers
thereto. What right had those appellants
to omit such matters as they pleased from
an official or semi official document2 He
wished to make explicit denial of the
charge that he had preached doctrines
against the fundamental doctrines OF the
Church 81 affirm that l believe,D he
said, turning with outstretched hands to
the work OF God.'
He closed with an appeal that the case
might go to the synod of New York. II
that is done he would aid in the solution
of the case, and then if it were sent back
to the next general assembly he would
abide by its decision, whatever it might
be- He regretted if he had said anything
that caused trouble in the church. He
had taught for twenty years at Union
Theological seminary and of all persons
that had been taught by him, he chal-
lenged any of them to say that he had
taught them anything that interfered
with true discharge of their holy duties.
1.-THE general assembly cannot take the
case under consideration. The matter IS
in the hands of the synod OF New York.
That synod has thrown its shield over the
defendant, and will protect not only MIN
but its own rights of hearing the case
without having It's jurisdictions interfered
with rashly by the assembly. 1t was bad
policy for the church to have intervening
courts oYerlaped. II the assembly
entertains this appeal, the glory
of the synods will have departed and
those who thus succeeded in break
ing down precedent Will drive
a coach and four through breaches in the
palace of justice. If the assembly should
decide to come to final decision the New
York presbytery, 1t would not yet be a
final decision for the defendant. The
| DreSDyt6rY ana SYNOD COulQ uCG accept IL
as either constitutional or valid.
ssBefore a decision could be made, T"
continued DIR. Briggs, sit would be nee
essary in the interests of common sense
and common justice to have interlocutory
appeals passed upon. These are in the
hands OF the New York synod, and if it is
attempted to brush aside all these in eff
forts to bring the matter to speedy con-
clusion when the time saved would not be
more than year. Here in the capital of
the nation it is being attempted to over
ride some Of the commonest principles of
law in order to crafty vain ambition of
these prosecutors
DR.. Briggs concluded his address at $40
O'Clock, and as he took his seat wave of
Iapplause ran over the rear of the church
which brought an indignant rebuke from
the moderator. Then Colonel McCook
, began the closing argument for the prose-
: cution committee in support of the
recommendation that the appeal 0e enter
tanned. Almost at the opening DR..
Briggs interrupted to correct what be
claimed was misstatement- Moderator
: Craig said to Briggs that he had been al
lowed four and half hours without in
2 terruption, that McCook heard him
} through without objection, and that
: Briggs should allow McCook to go on in
the same way.
The history of the case in its various
stages was recited by Colonel McCooks