The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-26
HAS TAUGHT NO HERESY,
Dr. Briggs Challenges Any Pupil
to Say Aught Against His
Instructions
Synopsis Of His Argument Against
the Assembly Entertaining
the Appeal

Synopsis or Els argument Against
tho Assembly Entertaining
the Appeal
McCook Makes the Closing Argument for
the Conn mittes on Prosecution Dis
putes Briggs Contention.
WASHINGTON. May 26.-The Presbyterian
general assembly adopted the recommends
tion Of the judicial committee that the six
complaints against the New York synod.
growing out OF the Briggs trial, DO referred
| to tho judicial committee for trial. II also
adopted, without dissent, the reoommenda-
tion that overtures from presbyteries con-
osrning appeals from prssbyteries direct to
the general assemblies, that such appeals
are proper a. to all matters relating to the
policy Of tho churob: but an overture from
. prssbytsry - TO q pending judicial case,
such as that OF Prof. Briggs. advising tho
general assembly a. to what action II should
take In such cass was irregular and IN
prscedentsd In ecclesiastical procedure;
that the proper way for presby yteries to in
fuenos = pending ease IL through their
respective commissioners on the floor of
tho general assembly.
The assembly passed resolution declar-
ing the Worlds fair grounds to be merely
a bonded warehouse and appointed a COM
mitteo TO wait on Secretary Carlisle to ask
him TO treat IL a. such and close II on Sun
| day, A. all Other bonded warehouses are.
Customs officials, however, say this IL i'm
possible. There IL NO way in which the
exposition buildings containing exhibits
could be closed like bonded houses except
by placing locks ON them. A committee
waited on Attorney General Olney this
afternoon, and were delighted at learning
his instructions TO District Attorney Mil
christ.
| The assembly resolved itself into court
and Prof. Briggs resumed his speech In de-
fsnss of the action of the New York pres
bytsry in his case and in opposition TO en-
PERTAINING an appeal thsrsfrom.
After briefly restating points made yes
terday. DIR. Briggs said in part: ''The
presby terry of New York, the largest in the
Prssby terian church, after . long and pa
tisnt consideration of the merits of the
case, gave . verdict of scquittal. Would
the general assembly bs willing to give the
same amount OF time and patience to the
consid idsration Of the merits Of the case If
the appeal be entertained7 II you over
ride all provisione of the constitution and
maxims Of civil law. usages of civil and
ecclesiastical courts, in order 10 entertain
the appeal. and then rush to decision.
you will strike deadly blow at the con-
stitution and discipline of the Prssby ytefian
church,"
Briggs then reviewed the history Of the
case through Its various stages in presby-
tsry and general assembly. "The general
appeal without doing violence to the sense
of right which 10 exhibited Ia the
constitution of our country, in the
maxims of common law, in the statutes of
our commonwealth. and the practice of our
OWL courts, without establishing an en-
tirely new and dangerous prece dent in &c
clesiastical law, without doing grave in
justice to the pYesbytsry of New York, and
without undermining public confidence in
tho equity of Prssby tsrian discipline.
rs not this too heavy coss to pay for
the sake of securing tho condemnation OF
one man, however Objectionable no may bel
Is II not too great strain TO put upon the
constitution IN order to gain decision on
questions Of doctrine which may be more
clearly and satisfactorily defined by the
procedure prescribed in the form OF Rov-
ernmsnt9 The common law lays down this
lQ0OdmoOtAl pkAnClpAcs WAlcu 0pVAIoe ~
this case. if to any. II is for the public
good that there be an end to litigation"
Az ono time during the morning pages be-
gan to distribute among the commissioners
copies of a pamphlet upon the legal stand
ing of the prosecuting committee. DIR.
this, saying the attention of the commits
sioners was being diverted from the address
by the inter- upton. and the moderator or
dered the boys to cease At 1866 Dr. BriQgs
yielded the floor to a motion to adjourn,
having occupied three hours and ffty-two
minutes.
After several announcements. including
the appointment Of q judicial commission
to hear the complaints of j. j. McCook and
others against tho New York synod, the as
sembly took recess until 230 p. IN.
After recess DR.. Briggs spoke bitterly
prosecutor Of questions put to him to test
his faith and his answers thereto. What
right had these appellants TO omit such
matters as they pleased from an official OF
semi.official document He wished to
make explicit denial of the charge that he
had preached doctrines against the funda-
mental doctrines of the church.
II affirm that l believe" he said turning
with outstretched hands to the audience.
"ths holy scriptures to be the work of God. y
The general assembly cannot take this
case under consideration. The matter is
That synod has thrown it's shield over the
defendants and will protect not only him,
but it's own rights Of hearing the case.
without having its jurisdiction interfered
with rashly by tho assembly. II is bud
policy for the chu,oh to have intervening
courts overleaped. II the assembly sntet
tains this appeal. the glory of synods will
have departed, and those who have ,hus
succeeded in breaking down the precedent
will drive a coach and four through
breaches In the palace Of Justice. II the as-
sembly should decide to come to the final
decision of the New York presbytery. il
would not yet be final decision for the de.
fendsnt. The pre- bytery and synod could
not accept IL as either constitutional Oh
valid.
Before decision could be made" con-
tlnusd Briggs. "it will be necessary IN the
interests Of common sense and common
Justice TO have intsrlooutory appeals passed
npon. These are in the hands Of the New
York synod. and u 10 attempted 10 brush
aside oil these in the effort to bring the
matter to u speedy conclusion, when ths
time saved could not be more than year.
Hare In the capital OF the nation u 10 being
attempted 10 override soms OF the coni-
monest principles of law in order to crafty
the vain ambition of these prosecutors"
BriRgs closed with An appeal shat the case
might 60 10 the synod of New York. II
that 10 done, il would aid In the solution
OF she oase. and then II IL were sent back
| IN tha naYA oapa.al naaonblv he would