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1 Review of the Proceedings and Result of the Council in the Case of Mr. Fairchild 1844

handle is hein.trials/aaghd0001 and id is 1 raw text is: REVIEW OF THE Proceedings and Result of the Council IN THE CASE OF U-Fx. FAIRC14ILD. From the New England Puritan, with corrections and additions. MESSRS. EDITOaS, - I am not one of those who are done not a little to hold the public mind in abeyance as accustomed to call in question the decisions of Ecclesi. to the correctness of their result, and to keep the case astical Councils, or of any body of men,who,acting from open for further examination. proper motives, have the means of forming a correct It was stated by the Scribe in connection with the judgment in regard to the matier before them. But Result of Council, that the minority did no, believe 'Xr. having been acquainted with the proceedings and care- F. innocent, but only thought the evidence against him fully read the Result of the late Council in Exeter, in somewhat inconclusive. But we have no right to think the case of Mr. tairehild, I have thought it might not this to have been the case, especially since the appear- be amiss to submit to the public a few remarks on ance of letters from four of the minority, two of whom, those proceedings and that Result, and also on the case the Saco members, state explicity that they DID not and at large. The case is certainly one of no ordinary ir- Do not believe Mr. F. guilty, and the other two, Rev. portance ; one in which the christian public have felt a Messrs. French of North Hampton, and Clark of Green. deep and painful interest, and in which every one should land, that they did not consider him AT ALL proved do all he can to give tree course to truth and justice, let guilty. Another of the minority has also said, that he them bear against whom they may. This is what the well thought the guilt of the accused was not proved. The disposed in the community must wish ; and every thing truth was of course intended by the Scribe, but he spoke which tends to liberate truth & justice from the shackles on a point on which none but the minority themselves, which rumor or prejudice, or strange appearances, or could have certain knowledge. even imprudence on the part of the accused, have thrown 2. The result of the Council, though in form final, is around them, must be a service done to the inetersts of not so in reality. The way is left open in case he can the community. present a clearer vindication of himself before some tri- It will be seen that I do not acquiesce in the decision bunal more competent than ourselves to compel the atten- of the Council. This I cannot do. Not that I am con- dance of witnesses, and the utterance of all the truth, fident of Mr. Fairchild's innocence-for I am not-but for his restoration to his former standing. Such a pro- thait I .!e _,% theyidenece f -hi. gu'silt. as it caine t-,roro vision as this, would seem to istiply nothing less than the Council, altogether incomplete and unsatisfactory.. that the Council after all, had their doubts as to the I was present during a part of his trial, and have read actual guilt of the accused. Another circumstance which the report of it more than once, ant the conclusion to shows that the council had not much confidence in their which I have been tompelled to come, is, that the char- own result is, that one of their number has stated, that ges against hint are not proved. He may have been though the Council adjourned sine die, it was wit h the guilty of great imprudence, perhaps ofsotnething more; distinct understanding that it could be called together but the evidence in the case does not seem io me to again at the instance of the -Aoderator. If they had convict him of any criminal connexion with the princi- no d'ubt, why open these doors for reversing their de- pal witness against him, and still less, of the paternity cision? But if they had doubts as to his guitti how could of the child. they, on the principles of common justice, pronounce As I am speaking in favor of one already conlemned hirm guilty for the present, and depose him from the by a well selected Council, it may be proper to saythat ministry ? This point may come up again, when we I am not moved to this by any friendship for the man, inquire what course the Coumcil were, in our'judgment since I have no acquaintance with him, and neither he, called upon to take. nor apy of his friends, know that I am writing. I write 3. The language in which the decision of the Council simply in the name of truth and justic.e, which I hope is given, deserves a passing notice: There is in it a will prevail, be the consequences to individuals what singular absence of directness, as though the mind that they may. conceived and the body that adopted it, were st{tl in For the council in questibn I have very great respect. doubt as to what they should do and say, though inclin- I know not that a body could have been selected in ed to convict rather than acquit. The majority of the whose character I could have felt a greater confidence. Council, consider that the testimorly of the principal But we must remember that no council this side of witness has not been substantially invalitated, ad. Rome. is infallible, antI that it is no sin so N. England mitting, it would seem, that it had been invalidated to a. to question the correctness cf an Ecclesiasticaldecision. certain extent, but not, as they deemed, substantially. In regard to the case in question, there are a few Now it would seem difficult to know how much of any points to which I wish, in the outset, to call attention, one's testimony we are to receive, when a part of it 1. The Council were not unanimous in the result to is to be rejected. If a witness falsifies on one point, which they came. Out of the twenty-five which voted we cannot be sure that he will tell the truth on any in the final question of innocence or guilt, there was a point, and the only proper coarse is to, dismiss him at minority of six. This minority may appear small,and the once from the stanl. If we doubt a pgft, we must doubt fact that there was a minority, of little importance; still, the whole. This is especially the case where the doubt if we suppose the case a plain one, as many, who have arises from an impeaehment of the general character of but just looked at it, regard it, it would be strange, if, the witness, as in the present instance. after five days attention to it, there should be a minor- The Council express their deep conviction that Mr. ity. Unanimity in a jury is necessary to conviction.- F. cannot be innocent in this matter. They do not 'Nit the Council were not unanimous, and that fact has say, nor seem prepared to say, that he is guilty of the

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