The morning call., 1893-05-26
LAW AND JUSTICE
Both Seem to Be With
Briggs.
EXPOUNDING CHURCH RULES
The Presbyterian Assembly Advised
Not to Go Against the Practice
of the Land.
Special to THE MORNING CALL.


1t also adopted, without dissent, recon-
mendatIons on overtures from presby-
teries concerning appeals from presby-
teries direct to the General Assembly; that
such appeals are proper as to all matters
relating to the policy of the church. hut an
overture from presbytery as to pending
Judicial case, such as that of Professor
Briggs, advising the General Assembly as
to what action it should take in such a
case is Irregular and unprecedented in
ecclesiastical procedure, and that the
proper way for Dresbyteries to influence
pending cases is through their respective
commissioners on the floor of the General
Assembly.
The assembly passed n resolution declar-
ing the Worlds Fair grounds to be merely
bonded warehouse, aud appointed a
committee to wait on Secretary Carlisle to
ask him to treat it as such and close it on
Sunday. as all other bonded warehouses
are.
Customs officials, however, say that is
impossible. There is no way in whic n the
exposition building containing the bond ed
exhibits could be closed like bonded ware
houses. except by placing lock on them.
The committee waited on Attorney
General Olney this afternoon and were de-
lighted at learning of his instructions to
District Attorney Milchrist. which were to
appeal to the Federal courts to close the
grounds on Sunday.
After appointing a committee to ascer-
tain whether the Worlds Fair would be
open on Sunday, the assembly resolved it.
self into court, and Professor Briggs re-
sumed his speech in defense of the action
OF the New York Presbytery in his case.
and in opposition to entertaining an ap-
peal tberefrom.
Briefly restatng the points made yester-
day DIR. Briggs SAID in part: THE pres
bytery OF New York, the largest in the
Presbyterian church, after long and pa
tient consideration of the merits of this
case, gave verdict of acquittal. Would
the General Assembly he willing TO give
the same amount of time and patience to
consideration of tae merits or the case if
the apI cal were entertained? III you
override all of the provisions OF the con-
stitution and all the maxims of civil law
and the usages OF civil and ecclesiastical
courts IN order to entertain an appeal, and
then rush to hasty decision, you will
strike deadly blow at the constitution
and discipline of the Presbyterian church."
Briggs then reviewed the history of the
case through its various stages in the
presbytery and the General Assembly.
The General Assembly," said he. "can-
not entertain this appeal without doing
violence to the sense Of right which i. ex-
hibited in the constitution of our country,
in the maxims of common law, in the
statutes of our commonwealth and the
nj n yi 70 mi
fishing an entirely new and dangerous pre-
cedent in ecclesiastical law, without doing
grave injustice 20 the defendant and to the
presbytery of New York. and without un-
dermining public con nfidence In the equity
of Presbyterian discipline.
IS not this too heavy price to pay for
the sake of securing the condemnation OF
one man, ,showever Objectionable he may
be? Is it not too great a strain to put
upon the constitution in order to gain
decision on questions Of doctrine which
may be more clearly and satisfactorily de-
fioed by procedure prescribed In the form
Of government?
"The General Assembly cannot take the
case under con sideration. 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 him,
but It's own rights of hearing the case,
without having its jurisdiction interfered
with rashly by the assembly. 1t was bad
policy for the church TO have the inter-
vening court overleaped. If the assembly
eniertains this appeal the glory of the
synOds will have departed. and those who
thus succeed in breaking down precedent
will drive coach and four through
breaches in the palace Of justice. If the
assembly should decide to come 10 the final
decision of the New York Presbytery, it
would not yet be final decision for the
defendant. and the presbytery and the
synod could not accept it as either consti-
tutional or valid.
Before decision could be made" con-
tinued Briggs. lit would be necessary in
the interest of common sense and of COM
mon justice 10 have the intetlocutory ap-
peals passed uoon. These are in the hands
of the New York Synod, and it is at
tempted to brush aside all these in the
efforts to bring the matter 70 n speedy
conclusion, when the time saved could not
be more than year. Here, In the capital
of the nation, it is being attempted to
override some of the commonest princi.
Piles of law In order to crafty the vain
am bition of these prosecutors.
1.-THE common lawlays down this funda
mental principle, which applies to this
case if to any. 1t is for the 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 pamphlet upon the
legal standing OF the prosecuting commit
tee. DR.. Thomas C. Hall OF Chicago com.
plalned OF this. saying that the attention
Of the commissioners was being diverted
from the address by the interruption, and
Moderator Craig ordered the boys to cease.
at 1926 o'clock DR.. Briggs yielded for
motion to adjourn. having occupied three
hours and fifty-two minutes.
After several announcements, including
the appointment of judicial commission
to hear the complaints of j. J. McCoGk
and Others against the New York synod.
the assembly took recess until 2:30 p. NJ.
After the recess DR.. Briggs spoke bit
tery of the omission from the brief OF the
prosecutors of the questions put to him to
test his faith and his answers thereto.