Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-23

|
we do. Shall we not all resolve that,
God helping u.s. however intense may be our
discussion land would not give much for a
man who Is not intense in the advocacy of the
cause in which he belIeves) that no bitter.
harsh or uncharitable word. no word which
can possibly be construed rejecting upon
the motives Of a brother. shall pass
the door Of our lips While we speak the truth
with all boldness let us speak it ever in
love; and secondly, shall we not all resolve
that whatever be the decision finally reached,
and God alone knows what that de-
clsion is to be- we will, as LOYAL Presbyterians,
abide faithfully by that decision. Let us re-
solve that we will sterhly frown upon and
utterly dlscountenance any suggestion from
| whatever quarter it may come OF schism or
| division in our dear church. Recalling our
ordination vows let US submit ourselves to one
another in the Lord Loyalty abiding the deci-
zion which shall be reached by our constitu-
| tional methods"
The Text of the Report.
The majority report which DIR. Baker then
present ted was as follows:
In the case Of the Presbyterian Church in
the United States of America against the Rev.
Chas. A. Briggs. d. D., being an appeal to the
general assembly from the decision and final
| judgment Of the presbytery of New York
rendered january 8, 1898, the judicial com
mittee begs leave respectfully to report that
they have examined the papers pertaining to
| this case and find:
l. That the appellant in this case is the
Presbyterian Church in the United States of
America represented by its prosecuting COM
mittee appointed by the presbytery of New
York, and. as such appellant, the right of appeal
amt to this assembly as an original party,
said prosecuting committee is entitled to
conduct the prosecution in all its stages in
whatever judicatory until the final issue be
| reached.
g. That due notice of appeal in this case has
| haas, <,sxo, NlAS H. "a
tions Of error alleged and the record in the
case have been filed in due time in accordance
with the provisions of the Book of Discipline
(sections 96 and 80, and that said appeal is ac-
cordingly in order.
g. They therefore respectfully recommend to
the general assembly that the appeal be enter
tanned and the case be issued. In pursuance of
| this recommendation your committee submit
| the following resolutions:
ca Resolved, That the general assembly finds
that due notice OF the appeal in this has
| been given. and that the appeal and that the
specifications of the errors alleged have been
filed in due time, and that the appeal is in order
in accordance with the provisions Of the book
| discipline.
(b) Resolved, that after the Judgment. the
notice of appeal the appeal and the specifca-
tons Of errors alleged have been read
and the parties have been heard. viz, the
prosecuting committee and the prcsbytery
OF New York, as to whether said appeal
shall be entertained, three hours being allotted
for such hearing, viz, one and one-half hours
to each party, and after hearing from
the members of the assembly, three
hours being allotted for such hearing.
the assembly shall then vote upon the following
resolutions: Resolved, that the appeal from the
decision and final Judgment Of the preshytery
| of New York, rendered January g. 1893 be
entertained bv the general assembly, and it
is ordered that the case proceed to trial in ac-
cordance with the provisions Of the book OF
| discipline.
The report is signed by the following mem
Chairman; John T. Dufield, John s. Hays.
James L. Leftwich, James NJ. Maxwell, d. j..
Sanders. John Peacock. J. B. Randall. Edward
| T. Green, Thos. McDougall, Cyrus L. Pershing,
William Fulton. Geo. W. Cummings, II. NJ.
| Gray don, James l.. Orr.
THE QUESTION OF APPEAL.
DR.. Baker also presented the following sup
Elemental report:
The judicial committee feel constrained to
put on record and submit to the general as
| semby as supplemental to Its report the fol-
| lowing principal reasons which have influenced
and determined them in reaching the conclu-
| sions declared in sad reports:
First. The Book Of Discipline provides in ex-
| press and unambiguous terms for an appeal
directly from the presbytery to the general
| assembly. Chapter 9, section 4, paragraph 102.
reads as follows: appeals are generally
| (the word generally plainly indicates not
always, to be taken to the iudicatory Immediately
| superior to that appealed from; and chapter IL,
| section 4, reads as follows: The general assem-
| bly, shall receive and issue all appeals
complaints and references that affect
| the doctrine or constitution of the
church which may be regularly brought before
| them from the inferior judicatories.' Such an
appeal directly to the general assembly is.
therefore. plainly permissible when the gravity
| OF the issue and the circumstances of
the case render it advisable Accordingly,
| the general assembly of 1892, in strict COM
| pliance with the provisions OF the Book of
Discipline, not only decided the status of the
| appellants a committee to conduct the
prosecution in all its stag, 81 in whatever Judi
catory until the final issue be reached, but
they also decided that the gravity of this case
| and the circumstances were such as to Justify
| an appeal directly from the presbytery to
| the general assembly. If this case, af-
| fecting vitality the essential doctrine of
the church, and having to do with
Its peace and purity throughout
its borders, be not a proper case to be APP
pesled directly to the general assembly. and if
it is not in its character the very for which
the assembly provides in the matter
| OF direct appeal 1t may well be asked what case
could possibly be so. 1t is evident to
us that it was to provide for just such an emer-
| gency as Is now upon the church in this case
that provision was made in the book of disci-
| pline when it granted the right of direct appeal
| to the general assembly.
Second. In the final decision Of the grave
issues involved in this case-and it is only the
| general assembly which can give this final
decision-it is eminenuy desirable that the
assembly making such decision should as far
as practicable be representative of the
| entire church. Should these issues be decided
by on assembly on appeal from the synod of
New York the commissioners from the synod,
representing moro than one-fifth of the entire
church. would be debarred by section SO Of
the Book of Discipline from sitting, deliber-
| ting, or voting in the case. Moreover, such
necessary exclusion OF the synod Of New York
| might work to the disadvantage of the defend
ant himself. AS far the defendant himself
| in this case is concerned it is manifestly
more just that the assembly which finally
passes upon his case should not be one COM
PEELED to exclude his own synod-the synod of
| New York. For more than two years the peace
of the church has been sadly disturbed by the
issue pending in this church 1t seems highly
desirable-nay, it seems to us an imperative
duty-to settle these issues without unneces-
'sary delay.
To keep the church in continued agitation
and uncertainty for another year when
1t is within constitutional prerogative
to determine the matter in the present
time, is. in our judgment, to unjustifably evade
| the solemn duty in the providence of God
| devoived upon us, and would make us RESPONSE
| BILE for the prolongation of a condition of at
fairs i'll our beloved church which imperils its