Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-05-26

d
and twenty-seven minutesin all at three
different sittings of the court. As he
took his seat wave OF applause ran
over the rear OF the church which
evoked an indignant rebuke from the
Moderator.
After an interval of five minutes Col.
]. ]. McCook began the closing argu-
ment for the Prosecuting Committee In
support of the recommendation that
the appeal be entertained. Almost at
the opening DR.. Briggs interrupted Coi.
McCook to correct what he claimed was
a mistake made by the latter when he
said that DR.. Briggs had stated that the
appeal was not taken in time.
DR.. Briggs-I did not say that l ad-
NIT that the appeal was taken Ia Ilme.
Col McCook-That is perfectly satisfac-
tory. The matter was OF tritiing moment
in any event, and is particularly so In view
of the admission just made.
A few minutes later, after quoting from
letter written by DR.. Briggs to DR.. blrch
in which he declined TO meet the prosecu-
ting committee before any proceedings
were had under their appointment, DR..
Briggs arose and said: May L ask
Col. McCook-You may interrupt me as
often as you please
Moderator Craig-Dr. Briggs, 1 allowed
YOU to speak four and one-half hours with
out interruption
I wanted TO correct misstatement.
Moderator Craig-Col. McCOok heard
you throughout without objection, al
Though he might have challenged many OF
your statements Now let him go on in the
same way. That is only fair and proper.
DR. Briggs-It is understood then, that
do not consent TO the Incorporation OF any
misstatement.
Moderator Craig-Certainly. And do
not suppose that Col. McCook gave his as
sent to score of things you said, but he
bore them well.
Col McCook will proceeded
Speaking to DR., Briggs claim that the
matter appealed from by the prosecuting
comnittee was not final Judgment Of
the Presbytery, Col. McCook said:
II that be so, then Prof. Bsiggs has not
been acquitted of the charge brought
against him.
The history Of the case in its various
stages was recited by Col. McCook, and the
regularity of the several steps firmly main
tanned.
Col. McCook said: Great weight has
been given to IA technical question raised
in the interest of the appello, and OF delay
based upon clause contained in the nth
amendment to the Constitution OF the
United States, which is as follows
"Nor shall any person be subject for the
same offense to be twice put in jeopardy OF
life or limb"
1t has been claimed that this constitu-
tional provision prevents an appeal from
the final Judgment of the Presbytery OF
New York in this case, and that such an
appeal would place the appelle's ecclesias-
tical life in jeopardy second
time. This Somewhat ingenious but
inappropriate use Of the term ecclesiastl-
cal life seems to have confused the minds
of some as to the character OF proceedings
under the book of discipline. These are
not criminal proceedings involving peril TO
the life or limb Of the appellee.
They are proceeding TO enforce contract
or rather TO determine whether the con-
tract has been maintained in all its integ-
ritv. If it should be shown that the appel
lee has not maintained the contract in all
its integrity, the loss of his ecclesiastical
life would mean simply the loss of the ben
etits which he at one time enjoyed under
the contract which he had broken.
This constitutional provision was mainly
designed TO prevent a second punishment
for the same crime or misdemeauor.
Where, as in this case, no punishment has
been inflicted upon the appellee, the con-
stitutional provision is not TO be invoked.
He discussed the operation Of the law in
church trials, and the provisions of the
church constitution on appeals. 1t was
also regular, the speaker maintained, for
the appeals to be taken direct from the
Presbytery to the General Assembly, and
such a proceeding is not in derogation
either of the rights of dignity Of the inter-
vening Synod.
In conclusion Col McCook said there
were special reasons why this appeal
should be received by the Assembly with
out having first besn taken to the Synod Of
New YORK.
a. The appeal relates to doctrines
which are absolutely fundamental to our
system.
(2.) The case is fully ripe for final iudg-
meut by this assembly.
(3) 1t is imperatively necessary that a
final decision in this case be reached at the
earliest possible date. This is requisite
alike for the purity and peace and prosper
ity and usefulness OF the Church.
a. This case involves the legal con-
struction of the ordination VOW OF every
minister, elder and deacon in our church;
it involves what they believe and teach in
the faith of the church under the terms Of
that vow.
(5) Great and widespread injury is GER
tain TO come from protracted delay.
fthe doctrines presented oy Prof. Briggs
be erroneous, as we verify believe, then
through delay "heretical opinions
are sure to "gaiu ground and our
Church will oe affected injuriously through
the continuance of uncertainty and doubt
and of suspicion and strife.