The herald., 1893-05-25
BRIGGS BEFORE THE BAR.
Reconvening of the Great
Presbyterian Court.
The Celebrated Heresy Case
Again on Trial.
DR.. Birch Makes Statement for
the Prosecution.
Professor Briggs Protests Against Being
Placed Twice In Jeopardy-He
Makes Strong Plea for
Rrfncfr,Ia

WASHINGTON, May 24.-The Presby-
terian general assembly resumed it's
session this morning. The committee
on aid to colleges recommended that the
proposition of Arthur Brown to donate
100 acres of land at Salt Lake City as a
site for the location OF Westminster col
lege, Utah, be respectfully declined.
Adopted.
The reportof the committee on foreign
missions stated that an effort would be
made this year to raise 81 ,250,000.
A recess was then taken till 2:30 p. m.
At the afternoon session Moderator
Craig convened the assembly as a court.
DR.. Briggs ascended the platform amid
intense quiet and made brief prelimi-
nary statement regarding the time he
required for argument.
DR.. w. f. Birch, chairman of the
prosecuting committee, then took the
floor. After touching on the history of
the case, DR.. Birch said: 'sWe are here
to invoke this supreme court to put an
end to the diesension and disputation
which the New York presbytery has
vainly endeavored to silence. The form
in which the final judgment of the New
York presbvtery was returned gives the
impression that the alleged errors of
Prof. Briggs were unimportsnt, and that
no essential doctrine is contradicted.
There has been tendency to minimize
the full force of the indicim snt; the err
rors charged are iundamsnIsl;" I sglEIs
peal cannot be taken from verdict OF
acquittsl. DR.. Birch said: "He who
teaches that the power of the general as
sembly can be nullified by the will of a
single presbytery lifts the banner OF
treason against the presbytery and the
church. Your appellant Deseeches this
venerable court 10 exercise its authority
| in crieia go momentous as to make
order"
AT 3 :l5 O'Clock DR.. Briggs arose to re-
ply to the opening of the prosecuting
committee and protest against the en-
tertaining of the appeal bv the general
assembly. DR.. Briggs went on to argue
that the form OF the appeal was incor-
rect and that there were many things in
1t which must be removed before the as
sembly could entertain it. He also
pointed out matter included in the ap-
peal which he said rendered it invalid.
A much more fundamental question
was at stake, said DR.. Briggs, than any
principle of law or doctrine yet discussed !;
that was whether the Presbyterian
church should oe considered a merely
voluntary religious society or the church
OF Jesus Christ. 1t was the civil law
OF the land, he said, that no man
should be twice tried for the same Of
fense. Was the Presbyterian church
ready to ignore or violate a well-settled
principle, found by centuries of observa
tlon and experience to be essential to
the we'll being of the people without suf-
ficient 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 estab
lleh new and easy way for ambitious
lltigants to secure authoritative deci-
sions of the general assembly in MANY
matters which were now regarded as
legitimate matters OF priv ate opinion.
and thus imperil the constitution by an
unending series of heresy trials and re-
suit in changes in the doctrine and law
OF the Presbyterian church. The gem
eral assembly could not lawfully revise
or amend the constitution by final indg-
ment in heresy trials. Public prosecu
tors were pushing the PRESBYTERIAN
church into very inconsistent and
dangerous position. They were endeay-
oring to secure new definitions of dog
ma by a final judgment in heresy
trial, when they ought to aim to secure
them by overtures in accordance with
the provisions OF the form of govern
ment.
DR.. Briggs spoke an hour and a half
and then yielded for motion to ad-
iourn.