The Presbyterian Church in the United States of America, Appellant, Against the Rev. Charles A. Briggs, D.D., Appellee
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| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from The Presbyterian Church in the United States of America, Appellant, Against the Rev. Charles A. Briggs, D.D., Appellee: Appellant´s Argument Before the General Assembly in Support of the Motion to Entertain the Appeal, May 25th, 1893 5. That such an appeal is regular and in order. Under a strict interpretation of the Constitution and the precedents established by the General Assembly, as the Supreme Court of our Church, these and some other questions passed upon by the last Assembly are res adjudicata and should not be again discussed. The law of the Presbyterian Church is, that it is not competent for one General Assembly to revise or review any proceedings of a previous Assembly taken in a judicial case. (See Appeal of Lowry, Minutes, 1824, page 115, Case of Worrell, Minutes, 1864, page 398.) I must take a few minutes of your valuable time, to deal with the technical points raised by the Appellee. The Appellee´s argument that the Appellant must prove himself an aggrieved party, though brilliant in detail and interesting in method, was wholly irrelevant, as he himself frankly stated at the outset. In the new Book of Discipline, he tells us, the term "original party" replaces that of "aggrieved party" in the old Book. It is fair to presume that this change was made designedly, but in any event the revised Book says nothing of the "aggrieved party." Section 94 of the new Book gives the right of appeal to "either of the original parties," and gives it as an unquestioned constitutional right. The Appellee enunciated a strange principle when he informed us that a decision in a judicial case is not a decision as to doctrine. He intimated that litigation does not lead to final interpretation of law. Granting that this court cannot give a final interpretation, nothing could be easier or simpler than for this Assembly, in its legislative capacity, by deliverance, to affirm the decision made by the Assembly as a Court. But the general statement is erroneous. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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