257 258 McWilliam, Fourth; Geo. E. Sterry, Fourth Ave. ; Saml. The Committee of Arrangements appointed at the last regular meeting of the Presbytery reported as follows: The Committee of Arrangements would report that the instructions of Presbytery relative to the appointment of an official stenographer has been fully carried out. We have secured the services of Mr. Charles A. Morrison, who agrees to furnish three type-written copies of the stenographic report daily, it being understood that the official report is the exclusive property of the Presbytery. The Committee also reports that sufficient space has been reserved for members of the Presbytery and visiting clergymen, and the families of those most interested in the proceedings; the remainder of the space to be open to the public. The report was accepted and adopted. By direction of Presbytery, the Moderator appointed, as an additional temporary clerk, the Rev. Thomas Douglas. The Moderator now announced that the Body was now about to be constituted a Court of Jesus Christ, and he solemnly admonished the members of Presbytery to recollect and regard the high character of the position they were to occupy as Judges. The following action of the General Assembly was then read. (See page 227 of this volume.) Whereupon the Moderator asked if the Charges and Specifications, before presented, were to be those upon which the trial was to proceed, or if the Prosecuting Committee wished to present amended Charges and Specifications. Dr. Briggs then submitted the following objections to the procedure: I do hereby submit to Presbytery the following objections to the procedure: 1. A Committee originally appointed to "arrange and prepare the necessary proceedings appropriate in the case of Dr. Briggs," appears before you claiming to be a Committee of Prosecution, and they are recognized as such by the Moderator, giving them the floor to act in that capacity. But their right so to act is legally questioned by complaint to the Synod of New York, and it has not yet been lawfully determined by the Synod. 259 2. This Committee appeared before the last General Assembly as an original party, and acted as such by presenting an appeal against the judgment of the Presbytery in dismissing the case against me. They now appear before you as an original party, successful in their appeal. Their right to act as an original party is questioned in the said complaint, and it has not been lawfully 260 determined by the Synod. 3. This Committee claims to represent the Presbyterian Church in the United States of America, and to be independent of this Presbytery which appointed them. They acted independently of the Presbytery by appealing to the General Assembly against the judgment of the Presbytery in dismissing the case against me. They now appear before you with a reversal of the judgment of the Presbytery which they have obtained. Their right to act independently of the Presbytery is questioned in the said complaint and it has not yet been lawfully determined by the Synod. 261 262 4. This Committee appears before you, having acted, as is claimed, in violation of the Constitution of the Church, which provides that when a complaint has been signed by more than one-third of those present and voting in the Presbytery, it acts as a stay to further proceedings. The abovementioned complaint, signed by a majority of the voters, has been filed with the Synod of New York, and has been found in order by the Synod of New York, and is now in possession of that Synod. Until the questions raised in such complaint have been determined, this Committee cannot legally take any action in the matters complained of. They cannot act as a Prosecuting Committee, or as an original party, or as independent of the Presbytery, and you cannot allow them so to act without a violation of the law of complaint embedded in the Constitution of the Church. Inasmuch as the Synod of New York suggested that the complainants, being, according to the number of signers in the complaint, a majority of the Presbytery, "may have the remedy in their own hands," the Presbytery are respectfully requested to apply the said remedy and in accordance with the provision of the Book of Discipline, to determine these preliminary objections. [Signed.] C. A. BRIGGS. Elder John J. McCook, of the Prosecuting Committee, was then heard in reply to these objections. A point of order was here raised as to whether anything is in order except the consideration of the specific action of the General Assembly. The Moderator decided that the point of order was well taken. That the raising of the question of the status of the Prosecuting Committee and of its right to appear and continue the conduct of this case is not now in order for these reasons: 1st. That this whole question was fully discussed and decided by the Judicial Committee of the General Assembly. 2d. That the recognition of the status of the Committee and its powers as defined in the appeal were embodied in the Judicial Committee's report, recommending the entertainment of the appeal. 3d. That in the minutes of the General Assembly, 263 giving its findings in the case, the Committee's status is clearly recognized. 4th. That the protest recorded in the minutes of the General Assembly by those objecting to its action, was based, on the fact, that its action in entertaining the appeal gave the committee the standing and powers claimed for it; and Lastly. That the order sending the case again to this Presbytery, requiring us to proceed to pass upon and determine the sufficiency of the Charges and Specifications, as to form and legal effect, and to proceed with the trial, this being the single point before us to be acted upon, therefore the Moderator's decision is, that this question is out of order. An appeal to the house against the Moderator's decision was then taken. On a vote being taken, a 264 division was called for, which resulted in 73 to 58 in favor of the Moderator's decision. Dr. Briggs then gave notice of an appeal and complaint to the Synod. The Prosecuting Committee now declared that they were ready to present Amended Charges and Specifications. Dr. Briggs assented. On motion they were permitted to present such Amended Charges and Specifications as follows: The Presbyterian Church in the United States of America charges the Rev. Charles A. Briggs, D. D., being 265 a Minister of the said Church and a member of the Presbytery of New York, with teaching that the Reason is a fountain of divine authority which may and does savingly enlighten men, even such men as reject the Scriptures as the authoritative proclamation of the will of God and reject also the way of salvation through the mediation and sacrifice of the Son of God as revealed therein; which is contrary to the essential doctrine of the Holy Scripture and of the Standards of the said Church, that the Holy Scripture is most necessary, and the rule of faith and practice. SPECIFICATION I. In an Inaugural Address, which the said Rev. Charles A. Briggs, D. D., delivered at the Union Theological Seminary in the City of New York, January 20th, 1891, on the occasion of his induction into the Edward Robinson Chair of Biblical Theology, which Address has been 266 published and extensively circulated with the knowledge and approval of the said Rev. Charles A. Briggs, D. D., and has been republished by him in a second edition with a preface and an appendix, there occur the following sentences: |