The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-05-26

sense OF right which is exhibited in the
constitution OF our country in the
maxims OF common law, in the statutes
OF our commonwealth and in the
practice OF our civil courts without
establishing an entirely new and dan
gerous precedent in ecclesiastical law
without doing grave injustice TO the
defendants and 10 the presbyteFy oi
New York and without undermining
public confidence in the equity OF the
Presbyterian discipline. Is not this
too heavy cost to pay for the sake OF
securing condemnation OF one man,
however objectionable he may be2 Is
1t not too great strain to put upon
our constitution in order to gain do
cision on questions Of doctrine which
may be more clearly and satisfactorily
defined by a procedure prescribed in
the form OF government? The common
law lays down this fundamental prin-
clple which applies to this case, II to
any It is for the public good that there
should be an end to tho litigation"
The distinguished doctor went over
tho whole report OF the proceedings
leading up to his trial by the New York
presbytery and the trial itself, pointing
out where points OF law and fact had all
been in his favor, and also pointing out
whore ruling had been made unfairly
against him.
TREATED UNFAIRLY.
Although the rule OF the church does
not allow the moderator Of presbytery
to decide constitutional questions, the
moderator of the New York presbytery
decided such q question-one OF tho
most vital in this whole Caso-against
the defendant without giving him an
opportunity to debate tho question.
The question was as to whether the 30.
called prosecuting committee was an
original party to this case or not, and
when the moderator decided it in the
affirmative, in tho unfair and
overboaring manner stated, the defend.
ant carried his wrongs to the synod Of
New York and appealed from the deci-
sion. Until that appeal has been
passed upon, the general assembly has
no right whatever to consider this case.
Tho committee having determined to
continue the prosecution OF this case,
in opposition to the expressed desire OF
tho New York presbytery, they say that
they act Independently and as repre-
sentatives OF the Presbyterian church
Of tho United States OF America. Is it
not gratifying Dr. Briggs asked, that
there should be at least few members
Of tue New York presbytery who are
determined to stand by the old faith
against the majority OF their colleagues
The general assembly cannot take
this case under consideration. The
matter is in tho hands OF the synod OF
New York. That synod has thrown its
shield over tho defendant and will pro-
tect, not only him. but its own rights
Of hearing the case without having its
jurisdiction interfered with r0shly by
the assembly.
There was no precedent whatever, he
said, for the leGping OF the synod by an
appeal from an acquittal. It was also
bad policy for the church to have inter
vening courts overleaped. If the larg-
est synod, that OF New York, should
thus be oyerleaped in the effort TO
bring the case Of DR.. Briggs to q
speedy conclusion, what Is there to pre-
vent the leaping Of any other synod to
satisfy the ambition OF some other as
pirlng prosecutor?
What right have the commissioners
to the general assembly to entertain
this appeal? he asked. The assembly
has been informed that this case has
been taken under consideration by tho
Now York synod. II, therefore, the as
sembly should decide to come to final
decision in the matter and overturn the
final decision OF the New York presby-
terry, it would not find the final decision
for the defendant, the presbytorY and
the synod could not accept it as either
constitutional or valid.
Before tho decision could be made,
continued DR.. Briggs, it would be nec-
essarv in the interest OF common sense
and common justice to have the inter-
locutory appeals passed upon. These
arc in the hands OF tho New York syn.
cd, and it is attempted to brush aside
all OF these in the effort to bring the
matter to a speedy conclusion when the
time saved could not be more than q
year. Here in the capital OF the nation
1t is being attempted to override some
of the common principles OF the law in
order to crafty the vain ambition Of
these prosecutors.
EXAGGERATED IMPORTANCE
Why should the case of DR.. Briggs be
made 80 prominent and pushed to the
front as the most important ecclesi-
astical discussion OF the closing decade
Of the nineteenth century, They say
that 1t is case OF vital importance.
He, tho speaker, thought they exaRger-
ated its importance, aud he had always
thought so.
Atll:25 DR.. Briggs yielded for q mo-
tion to adjourn,
Tho moderator stated that tho com
mittee upon closing the Worlds Fair
on Sunday would visit Attorney Gen.
eral Olney in the noon recess.
AFTERNOON SESSION.
AT the opening OF tho afternoon ses-
sion OF the general assembly DR.. Craig
stated that a committee appointed TO
visit Attorney General olney had done
so during tho noon rocess, and had to
report:
rhat tho committee were most cour-
teoualy received by tho attorney gener.
al, who assured tho committee that
himself and tho district attorney OF Chi
cago, who was in this city, wero watch.
Ing the Sunday opening matter with
tho greatest care in ordor to SEQ 10 II
that tho United Suites laws should bu
strictly enforced regarding tho closing
OF tho fair gates on Sunday, and hO do.
sired tho committee TO say TO tho no.
sombly that tho government would take
proper measures for tho protection oi
!t. ..i..lNa