The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-05-31

legality OF the appeal. DIR. Briggs went on
to argue that the form of the appeal was
incorrect and that there were many things
in It which must be removed before the
general assem- bly, could entertain il. he
also pointed out matters included in the
appeal which. he said. rendered it invalid.
DR.. Briggs asserted in tine next place
that the final judgment of the presbytery
in this case was really declared by the
moderator of the New York presbytery on
Dec. 30. 1892. and from that appeal should
be taken, If from any action of the pres
bvtery, and not from action OF January,
1898 He was not to be exposed to the
peril that lay in a possible change OF
composition OF the body in the interim,
nor put in jeopardy a second time because
of a mistake by the court which tried
him at a date subsequent to that on which
the final judgment was really delivered.
Ii any man thought these obj -ctions
were puerile and technical let him put
himself in his place. Why should he
woive any OF his rights when the prosecu-
ton was endeavoring to take his ecciesl-
astiCai life2
The second ground on which the
appellee opposed the entertaining OF the
appeal was that it was a well-esta blished
principle OF law that a prosecutor could
hOb dPDOot hOh4 q fCAdASs VI
Upon the question of the stand
ing of minister charged with
heresy DR.. Briggs said there was no
course open but to remain in fellowship
with the church until deposed after trial.
A much more fundamental question was at
stake, said DIR. Briggs, than any principle
of law or doctrine than had yet been dis
cussed. That was whether the presbyte-
rian church should be considered a
merely voluntary religious society or a
church of Jesus Christ. 1t was the civil
law OF the land, be said, that no man
should be tried twice for the same Of
Tense
The New York presbytery, under orders
of the general assembly. tried DR.. Briggs
for the crime of heresy and acquitted him.
Was the presbyterian church
ready TO ignore or violate that we'll
ries of observation and experience
to be essential to the well being of the
| people without good and sufficient cause
| 1t was true the church did not punish a
minister 10 his physical being but to de-
pose minister, to deprive him OF his &C.
! clesiastical life was to infiict a punish
ment far more cruel than that permitted
in the civil courts.
The Law of Appeals.
DR.. Briggs then discussed the law OF ap-
peals. This, be asserted, could be in
voked only by parties original 10 the case
and sggrIeved parties. The new book of
discipline did not contain the word az
| grieved, he admitted, but in spirit the
right of appeal was confined to those who
were aggrleVed.
Was prosecuting committee such an
| aggrieved party as to warrant it in appeal
ing from an adverse judgment? The COM
mittee had no right of appeal, and an ap-
| peal by such a committee could not be
entertained by the general assembly with
out a violation of all church law and
precedent To entertain such an appeal
would be for the assembly to enter into
conflict with all experience and perpetrate
a wrong which no court in the land would
refuse 10 right. II it were lawful
to appeal every case OF doctrine and law
| brought before the court of presbytery, it
| finally determine all these doctrinal and
legal questions. IL this appeal should he
| sustained it would become an unfortunate
precedent which would be followed by
| public prosecution hereafter, who would
in many cases. if not in most cases. mag
Nifty their office and bring differences of
| opinion before the supreme court of the
| church and thus establish a new and easy
way for ambitious litigants to secure
authoritative decisions of the general as
semblv in many matters of faith and
morals, of life and work, which were now
regarded as Legitimate matters OF private
| opinion. and thus imperil the constitution
| by an amending series of heresy trials and
result in changes in the doctrine and law
| OF the presbyterian church.
| IL was possible that a majority OF the
| general assembly might make an uncon-
stitutional decision, and that there might
be series of decisions of questions of
| doctrine and morals in contravention of
| the doctrlnal and ecclesiastical standards.
| What course should a synod or a presby-
terry or minister pursue in such case
They might be justified in saying: ave
refuse to submit to the decisions of this
unrighteous majority. We shall continue
to maintain our constitutional rights. In
the next heresy trial We look for a right.
| eous verdict"
Unless the hight court of the general
assembly should act in strict accordance
with the forms OF law and with the sacred
| rights of man as set forth in holy Scrip
| tuTe and our national constitution it
would be no rebellion il the minority in
the church continued the struggle
against unrighteousness and wrong, hop
ing for better times. The general
assembly could not lawfully revise or
amend the constitution by final judgments
In heresy trialI. The pubic prosecutors
were pushing the presbyterian church
into very inconsistent and dangerous
| position. They were endeavoring to &C.
cure new definitions of dogma by final
| judgment in q heresy trial. When they
ought 10 aim to secure them by overtures
in accordance with the provisions of the
form OF government The form of govern
ment prescribed their paths, not the book
of discipline
DIR. Briggs spoke for an hour and half
and then yielded for motion to adjourn.
Through the courtesy of the committee
on foreign missions the committee on aid
to colleges was given the time until 1880
and its report was read by the Rev.
Charles A. Dickey Of Philadelphia, chair
man. the committee recommended that
$4,000 he raised this year for this cause
and that the proposition of Mr.. Arthur
| Brown TO donate 100 acres of land in Salt
Lake City as a sight for the location oil
the Westminster college of Utah" be
respectfully declined. Tho recommends
ton OF the report was adopted.
WAsHNGToN, May 25-The Briggs case
had one good effect today. The devo
tional service with which the sessions
OF the general assembly are opened wal