The herald., 1893-05-26
THE VEXED BRIGGS CASE,
1t Has Created No End of
Complications.
The General Assembly Again
Sits as a Court.
DR.. Briggs Concludes His Argument
Against the Appeal.
Applause at tho Close of His Address
Evoked an Indignant Rebuke
from the Moderator-Ooi.
McCook's Argument.
BY Nhe A ssociated Press.l


WASHINGTON, May 25.--The Presby-
terisn general assembly adopted the rec
ommendation of the judicial committee
that the six complaints against the New
York synod, growing out OF the Briggs
trial, be referred to the judicial commit
tee for trial.
1t also adopted, without dissent, the
recommendation on overtures from pres
hyteries concerning appeals from pres
byteriee direct to the general assembly,
that such appeals are proper as to all
matters relating to the policy OF the
church, but that an overture from a
presbytery as to pending judicial case,
such as that OF Professor Briggs, advis-
ing the general assembly as to what
sction it should take in such case, is
irregular and unprecedented in ecclesi-
astical procedure; that the proper way
for presbyteries to influence pending
cases is through their respective COM
missioners on the floor of the general
assembly.
After appointing committee to ascer-
tain whether the worlds fair will be
open Sundays, the assembly resolved
itself into a court and Professor Briggs
resumed his speech in defense of the
sction of the New York presbytery in
his case, and in opposition to entertain
ing the appeal tn erefrom.
DIR. BRIGGS ARGUMENT.
After briefly re-stating the points
made yesterday DIR. Briggs said, in part:
"The presbytery OF New York, the
largest in the Presbyterian church, after
a long and patient consideration of the
merits Of the case, gave verdict OF ac-
quittal.. Would the general assembly
be willing to give the same amount OF
time and patience to the consideration
OF the mstlts 0i the easr il the appeal
were entertained? II you override all
the provisions OF the constitution and
the maxims OF civil law, and the ussges
OF civil and erciesiastical courts, In or
der to entertain the appeal and then
ri to hasty decision, you will strike
deadly blow at the constitution and
the discipline OF the Presbyterian
church -
Briggs then reviewed the history of
the case through it's various stsgee in
the presbytery and the general assem-
bly,. THE general assembly" he said,
''cannot entertain this appeal without
doing violence to the sense of right
which is exh bited in the constitution Of
our country, in the maxims of common
law, in the statutes of our common
wealth and the practice OF our civil
courts; without establishing an entirely
new and dangerous precedent in eccle-
siastical law; without doing grave in
justice to the defendant and to the pres-
bytery Of New York, and without un-
dermining public confidence in the
equity of the Presbyterian discipline.
Is not this too heavy q cost to pay for
the sake of securing the condemnation
OF one man. however Objectionable he
may be? Is it not too great strain to
put upon the constitution in order to
gain decision on questions of doctrine
which may be more clearly and satis-
factorily defined by the procedure pre-
scribed in the form OF government. The
common law lays down this fundamental
principle which applies to this case If to
any 1t is for the public good that there
be an end to litigation.
NOT CASE FOR THE ASSEMBLY.
''The general assembly cannot take
the case under consideration. The mat
ter 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 its own rights OF hearing
the case without having its jurisdiction
interfered with rashly by the assembly.
1t is bad policy tor the church to have
the intervening courts over-lesped. II
the assembly entertains thls appeal, the
glory of the synods will have departed,
and those ho thus succeed in breaking
down precedent will drive coach and
four through the breaches in the palace
of justice. II the assembly should de-
eide to come to final decision for the de-
fen sant, the pres bytery and synod could
not accept it as either constitutional or
valid
"Beiore decision can be made" con-
tinued Briggs, sit will De necessary in
the interest of common sense and COM
mon Justice to have the interocutory
appeals psssed upon. These are in tha
hands of the New York synod. and it ia
atte mpted to brush aside all these in
efforts to bring the matter to \ speedy
conclusion, wien the time eaved could
not be more than a year. Here in the
capital of the nation it is being attempt
ed to override some of the commonest
principles of law, in order to gratiry the
vain ambition of these prosecutors"
AN UNsEEMLY INTERRUPTION
At one time during the morning pages
began to d stribute among the comm;s-
sioners copies OF pamphlet upoa the
legal standing of the prosecuting com
mittee. DR.. Thomas @. Hall OF Chicago
omplsined OF this, saying the attention
of the commissioners was being diverted
from the address by the interruption,
and the moderator ordered the boys 10
ase
At 1925 DR.. Briggs yielded for mo
ii n T. asijourn. having occupied hours
ami 81 minutes After eeversi snnouEce-
m nts, including the appointment ct
ju lcisl commission to hear the com
Dlaints of J.. j. McCook and oshars