CHAP. 3. Episcopa су Representation of Dioceses in General Convention. are not formidable. We connect with Protestantism, both in the name and Constitution of the Church, the Episcopate, which, in every age, and under all forms of government, has been the great conservative force of the Church, and the term "Protestant Episcopal" in the name, indicates that union of progress and conservatism, which is the safety of all free government, and which in the Protestant Episcopal Church in the United States, has proved itself stronger than even the disintegrating forces of civil war. This Church believes that episcopal supervision and control furnish the only reliable security against the tendency of Protestantism to disintegration and individualism, and it regards episcopacy as of Apostolic origin and essential to the well being of a church, and an indispensable element in any practicable system of Christian unity. The equal representation of the dioceses in General Convention, as provided for in the Constitution, rests upon the principle of a generous expediency, and does not follow the theory of representation to its logical results. Equality of representation among the dioceses, is a recognition of something higher than the power of wealth or numbers in the government of the Church, and by securing the dignity and equality of the respective dioceses, places them all in their relations to each other, upon the footing of mutual esteem and confidence, rather than of legal compulsion. Spiritual truth is not amenable to majorities: they have only to do with the instrumentalities for proclaiming it. This equality of dioceses brings to the General Convention many of our ablest men from all the dioceses, even the most distant, at a great sacrifice of time and expense; and a seat in the Convention is regarded as a high honor. If the representation in the General Convention were based simply upon numbers, so that a few of the larger dioceses could control its action, and the smaller dioceses not be appreciably felt in the result, it is greatly to be feared, that the interest now manifested in its sessions and deliberations would gradually disappear, and that the work of the Church in the General Convention would be left to the few dioceses that would be found usually to control it, the remainder feeling that they have practically no part or lot in the matter. Under the Constitution as it now stands, when the public sentiment of the Church settles down fully upon a proposition, legal or otherwise, there are few men that will venture to disregard it; certainly not enough to disturb the current of its influence; and when the larger dioceses, with their intelligence and strength bring about results in her councils, they are submitted to in a kindly spirit and temper, for the reason that they are reached by moral influences, and not by the pressure of numbers. In relation to this point of equality of representation, Dr. Hawks says, (Contributions, etc., p. 20): 20): "The ratio of representation is here 'fixed; not on the principle of wealth, or size, or "numbers, but on the ground of entire parity of "rank in our dioceses, be they great or small. Bishop White has often been heard by the author "to say, that on no other ground would the dioceses "ever have come into union. Diocesan equality is CHAP. 3. CHAP. 3. "therefore here asserted; and further, diocesan in"dependency in all matters not surrendered for the "great end of union; for any diocese may demand a vote by dioceses." There has been a tradition to the same effect, and the older members of the General Convention have generally recognized the fact to which Bishop White referred, as amounting to an understanding that this feature of the equality of dioceses should not be disturbed. Legally, of course, it may be, but the reSee Report sults might prove disastrous to the present organizaof Seventh Ch. Con- tion of the Protestant Episcopal Church in the gress, p. United States, and compel an entire re-adjustment 162. of our system of church government. It is believed that no serious evils have grown out of our present constitutional provision as to the ratio of representation, and it certainly will be the safer course to wait until such evils shall have appeared, and not venture upon a radical change of the Constitution in this respect until it shall have been dictated by a practical instead of a supposed logical necessity. It must be admitted, however, that the constitutional provision for equal representation is in danger, owing mainly to a rapid increase in the number of feeble dioceses; and the Church will probably be called upon, at no distant day, to reconsider the question and determine, whether her policy in the future shall be to have fewer dioceses with equal representation, or an indefinite multiplication of dioceses with proportional representation. CHAP. 3. Judicial So far as judicial proceedings are concerned in the trial of ministers, no change was made, but the original powers of the dioceses were left untouched by the Constitution; and this is the reason why courts of appeal have been supposed to be under the absolute control of the dioceses, since, as well as before, its adoption. It has been thought by some of our Power. wisest leaders, that a general court of appeal is or will soon be necessary, from the growth and extent of the Church and its interests. The English ecclesiastical courts, like the civil tribunals, are clothed by law Court of with all the powers essential to the thorough admin- Appeal. istration of justice; but it cannot be said that the results of the system are reassuring, and it is doubtful whether the faith of the church has in any respect been materially affected by any of the decisions of the English courts. Faith is never settled by litigation. Cases only are determined by it. In this country, the interference of the civil authority with ecclesiastical questions, is, by common consent, deemed wholly inadmissible; and the consequence is, that ecclesiastical courts, however constituted, are necessarily helpless in the trial of cases, and especially in the preparation of them for trial. Thorough litigation in these courts is an impossibility. We can have no adequate machinery in them, no pleadings, no compulsory attendance of witnesses, no costs assessed, no paid judiciary, no provision for expenses which, in many cases, in a country so vast, must be enormous. We therefore leave litigation to the dioceses, as the least expensive and least objectionable system; and to them only so far as is absolutely neces CHAP. 3. Relation of Courts to the faith of the Church. sary for the discipline of offenders. By the Constitution of 178, the duty of instituting the mode for the trial of ministers, was imposed upon the dioceses; but in the year 1848, article VI. of the Constitution was amended, and it was left discretionary with them to do so or not. It is stated by Dr. Hawks, that many of the dioceses had neglected to act in the matter, and this probably led to the change referred to. So far as the dioceses may decline to exercise this discretionary power, but no farther, it undoubtedly comes within the scope of the powers of the General Con vention. The sole question in relation to the expediency of a court of appeal is this: Does the present system of diocesan courts work such injustice to litigants, as to make a court of revision necessary? Is justice denied them to such an extent as to demand a change in its administration, and can a court of appeal be so constituted as to remedy the evil? The sole business of courts is to administer justice between litigating parties, and they deal exclusively with the acts, and not with the consciences of men. They are in no respect ministers of the Gospel. cision in the Dred Scott case, the litigating parties were bound, but the conscience of the nation was not bound; and so it must always be with any wrong judicial decision. It is binding upon the litigants whether right or wrong, but the question whether it is right, is always an open one, and subject to an untrammeled public criticism and judgment alike in church and state. By the de |