^TPHl^:;^ y^ *^^filCAL %a BX 9211 .W5 W47 1875 Presbyterian Church in Westfield, N.J. Westfield Presbyterian rhn-rrb nd rt or i tv ^a,^in<=;t th '* (H ^Ar-v CM, i* 'APR 17 . ^ ^<:^!iiziii ^B WESTFIELD PRESBYTERIAN CHURCH MINORITY AGAINST THE PRESBYTERY OF ELIZABETH. APPEAL. Case Prepared by Minority, Appellants. New York: BROWN & HEWITT, PRINTERS, 9 SPRUCE STREET. 1875. ERRATA. Page 10, note : Whole number of elders should be ten. Page 15, folio 4, line 3 : Read seconded, instead of " recorded." Page 21, note : * refers to Exhibit E, appendix. Page 34, folio 1, line I : Read third, instead of " second." The second petition is found on page 125, Exhibit W. Page 35, note: Exhibit U should be Exhibit W. ,-?^' INDEX. -♦♦•- PAGE. Appeal and Complaiut to Presbytery, No. 1 (Minority) 52 Appeal to Synod, No. 1 (Minority) 20 Appeal and Complaint to Synod (Dr. S. S. Sheddan) 7 Appeal and Complaint to Presbytery, No. 2 (Minority) Note 29 Appeal to Synod, No. 2 (Minority) 25 Brown, Rev. Theo. S. (Letter of ) 133 Brown, Rev. Tbeo. S. (Letter to) 132 Bruen, Rev. James M. (Letter of) 126 Clark, James O. (Brief of) , 115 Clark, Mrs. Hannah M. (Petition of) 127 Clark, Ephriam, Elder ( Petition of ) JO Commissioners, Presby terial (Minutes of ) 82 Do. do. (Report of) 87 French, Mrs. Phoaby (Letter of) 43 General Assembly, application to go to 130 Refusal of Presbytery 131 Goodrich, Mrs. Mary E. (Letter of ) 42 Kiuch, Dr. F. A. (Brief of) 69 Kinch, Dr. C. A. (Letter of ) 64 Do. do. (Minutes of, as Clerk) 66 Lawrence, John T. (Brief of ) 106 Minute of Synod 6 Minutes of Parish Meeting, January 28th, 1874 62 Do. do. do. June 11th, 1874 65 Do. do. do. (Revised) 67 Do. do. do. Nov. 30th, 1874 101 Minutes of Presbytery, July 7th, 1874 58 Do. do. Certificate of Dr. Rankin concerning 60 VI PAGE. Minutes of Presbytery, July 27tli, ]H74 16 Do. do. Nov. 9th, 1874 75 • Do. do. Dec. 7lh, 1874 78 ^i^ Do. do. Dec. 5, Chapter XV., Book of Government — exhorting the minority, and not attempting to dissuade the majority : Theie was no unanimity shown on the final vote: A motion to recon- sider was not entertained : The Minutes of a previous meeting, containing resolutions embodying an agree- ment between those in favor of and opposed to Mr. McKelvey were not allowed by the Moderator to be read on due call, and the candidate, Mr. McKelvey, was impropei'ly I'eproduced. Eveiy act of tht pai'ish meeting of June 11 should 4 have been considered over again, including tliose above recited. * See ante, page 6, Syiiodical Miuute. t See AppeudijL, Exhibit D. 27 The Presbyterial commissioners appointed under the direction of Synod to rehear the minority and mand presented at the same time and in the same manner, were similarly disposed of.* Tldrd, the minority Appeal and Complain because the Presbytery ratified tlie ruling of the ]\Ioderator of our parish meeting 30th November, that all delinquent pew- holders, and those subletting pews, not having their 2 names on the trustees' books, were entitled to vote ; while many voting under such ruling had neither attend- ed church nor paid pew-rent for years, nor yet were members of the church. Besides, those subletting of delinquents, and paying nothing to the church for its support, were allowed to vote.t Fourth, the minority Complain and Appeal because the Commissioners failed to report to the Presbytery important and material facts presented by the minority to wit, facts set forth in the briefs of Mr. John T. Law- Q rence and James O- Clark, which briefs are hereto an- nexed, and made a part of this Appeal and Complaint, and marked respectively,! — The Petitions of the minority Committee, and of Mrs. French, Mrs. Clark, and Mrs. Goodrich, are also made a part of this Complaint and Appeal, which also contain important points not reported by the Commis- sioners (see Petitions of Dec. 3, yost). As addditional grounds for complaining and appeal- * Tlie Petitions follow below. t Exhibit P, Appeudix. X See Appeudix, Exhibits E aud S. 29 Fifth, Dr. E. Kempshall voted unci participated largely in the proceedings, reviewing his own acts, at the meet- ings of Piesbytery December 7 and 8. 1. Sixth, after the Presbytery had passed a resolution to continue the Dastoral relation of Rev.Mr.McKelvey, with- o\xc reconsidering at all the question of salary — notwith- standing the minority had urged it upon the Presbyterial Commissioners at their meetings at Westfield, and had filed their Complaint and Appeal from the parish meet- ing, 30th November, with the Presbytery, and the Presbytery had refused to act upon such Appeal and Complaint — the Stated Clerk, Dr. Rankin, was allowed to append to such resolution another resolution (passed sub- 2 sequently to all the foregoing proceedings), to the effect that the question of salary and the parsonage be recon- sidei'ed next April.* Sevejith, the minority further Complain and Appeal, because their Complaint and Appeal, t lodged with the * The Parish held their annual meetiug April 5, 1875, and neither of those questions was reconsidered. 3 tiN THE Matter of the Parish Meeting ^ landComplaint HELD AT Westfield, November 30, 1874, V ^j. ^,^^ Minority. Presbyterian Church. To the Presbytery of Elizabeth : The minority of the church and congregation of Westfield, New Jer- sey, Appeal and Complain to this judicatory because: The parish meeting of November 30, 1874, was called and conducted unconstitutionally. The notice under and by virtue of which it was called reads as fol- lows : " A meeting of this congregation is called in this church on Monday, No-- vember 30, 4.30 P. M., to vote upon the question — Shall the pastoral "* relation of the Rev. Alexander McKelvey with the congregation of West- field be continued 1 The vote to be yes or no WITHOUT DISCUSSION." After the meeting was convened, the Moderator caused the above no- 30 Presbytery of Elizabeth December 8, at Westminster Churcli, Elizabeth, though duly filed within the pre- scribed ten days, and asking for relief to wliich we w-ere entitled, was disposed of by the Presbytery in such a way as to afford us no relief. We therefore ask Synod to review said Appeal and Complaint, and the Pi'otest tice to be read by the Clevk of the Piesbyterial Commission, and ruled that no discussion would be allowed. The Moderator also ruled that no vote would be taken on the question of salary. Appellants and Complainants urge : I. That this parish meeting was called under the direction of the Synod of New Jersey, and should have been conducted according to the letter and spirit of the judgment of Synod, as shown by the Minute (annexed and marked A) — found herein on p. 6, supra t. c, a full hearing should have been given to the minority and majority. Especially should this liberty of free speech have been accorded to the minority, since it was the subject of Complaint and Appeal at our last parish meeting, and the Synod declared it irregular by a unanimous vote in the adop- tion of the Minute annexed (herein, p. 6, supra). II. That Synod, in directing the Presbytery to consider over again the whole matter, directed them among other things to consider over again the question of salary. Especially should the parish have been allowed to reconsider the salary question, since the fixing of the salary of Rev. Alexander McKelvey, June 11, 1874, was irregular, and so de- clared by Synod in sustaining the Appeal and Complaint of the minor- ity of the church and congregation at Westfield, as also appears by the Minute of Synod marked A, and annexed (page 6 supra). The at- tempted fixing the salary is void and illegal, as the Minutes of the par- ish meeting of June 11, 1874, show (see Ex. J and Ex. K, Appendix). The calling of the meeting, and the ruling of the Moderator under the call, were illegal generally, and especially so under the direction of the Synodical Minute (annexed). — p. (5 supra- Ill. As additional reasons for appealing and complaining to Presby- tery, the minority annex hereto a copy of their Protest and Dissent, marked B^ follows this Complaint, filed with the Clerk at the meeting Nov. 30, 1874, and make it a part of this Complaint, with the reasons thereof. IV. The parties hereto Appeal and Complain also because the Moderator neglected, after it appeared that a large minority, to wit, 93, were averse to the candidate in the majority, to endeavor to dissuade the majority from insisting upon the election of such candidate, contrary to the 31 annexed, and to grant us the relief to which we are just- ly entitled, and for wliich we therein pruy, and we make such papers a part of this Complaint and Appeal, and pray Synod to afford us the relief to which we are en- titled. Book of Government, and regardless of the express judgment of Synod heretofore rendered in this particular case, which was error. Wherefore Appellants and Complainants ask for such relief in the premises as we may be entitled to, and as may be just, and as may tend to conform the proceedings of this judicatory to the late decision of Synod. — (p. 6 supra). Westfield, N. J., December .3, 1874. CHAUNCEY B. RIPLEY, DR. F. A. KINCH JOHN T. LAWRENCE, JAMES O. CLARK, On behalf of Minority. [This Complaint was filed in open Presbytery December 8, 1874, at Elizabeth, and the following Protest was annexed, and also Synodical Minute found on page 6, above.] Dissent and Protest of the Minority OF the Church and Congregation of I THE Presbyterian Church of West- field, N. J. B. To Rev. JVilliam C. Roberts, D. D., Moderator of the Parish Meeting, and ^ Presiding Officer of the Presbyterial Commission, other members of the Commission, and the Session of the Westfield Presbyterian Church : The undersigned, on behalf of the minority of this church and con- gregation, respectfully beg leave to lodge this, our Dissent and Protest, with our reasons, in the hands of the Clerk of this meeting, that the same may be entered on the records, and be sent up for review to the Superior Judicatories of this Church. We dissent and protest against the phrase '' without discussion" in the notice prescribed by the Presbyterial Commission on which this meeting was called. We also dissent and protest against the adoption and enforcement of the rule suggested and involved in such phrase, " without discussion " We understand the rule implied to be, — That no member of the church or congregation is at liberty to speak to the question proposed, either />ro or con, nor to express his views upon the subject in any way publicly at such meeting, nor to explain in any manner his reasons for voting on the one side or the other, nor to submit any considerations to the parish thus assembled as to the rules of the Presbyterian Church, the 32 Eighth., Appellants and Complainants urge that on the whole case as heretofore presented, and all the papers \ interests and welfare of our own church and parish, the expediency or inexpediency of the action proposed — in short, that the ordinary freedom of speech in deliberative assemblies allowed is entirely suppressed, and our time-honored custom of reasoning together ih these matters over- ruled. Our^reasons for dissenting and protesting are the following : 1. This rule is in contravention to the liberality of the Christian religion and our republican institutions. 2. This rule is opposed to the Constitution of the Presbyterian Church, both as to letter and spirit. 3. We desire to explain to our fellow-parishioners, as pertinent to this issue : That the receipts for pew-rents and other incomes of the church are entirely inadequate to the prompt and full payment of the expenses of our church : That in its present disturbed condition the receipts are diminishing, while the expenses have increased : That the Synod of New Jersey have reviewed the cases involving our present troubles, and have rendered such judgment as leaves us free to act in voting upon this issue, thus removing the scruples of many who have felt bound by the prior action of Presbytery — deeming opposition to the installation as insubordination and anti-prcsbyterian: That unity, harmony and brotherly love are essential to the spiritual and temporal prosperity, growth and general interests of the church : That we desire the good of the church and congregation, the good of the whole Church, and nothing more — and how all these questions may be settled by the action of this meeting. 3 We also desire to refer to the Minutes of a parish meeting held Jan- uary 2iJ, 1874, and demonstrate to those who were not present at the time, and those who do not fully understand the origin and nature of our difhculties, how tlie people of this parish are morally bound to vote for a dissolution of the pastoral relation, because of such resolutions and the agreement therein contained. We desire also lo explain that the vote upon the salary at our last parish meeting was illegal, and that we were misled by the ruling of the Moderator then presiding, and that a second vote upon the salary question is a matter which will yet come before them, and which may be properly considered indirectly in casting the vote of to-day — and liuw it may be so considered. Westfield, N. J., Nov. 30, 1874. CHAUNCEY B. RIPLEY, 4 DK. F. A. KINCH, JOHN T. LAWRENCE, JAMES O. CLARK.* • This Disseut and Protest w.:b filed with the clerk at the Parish meeting of No- vember 3C, 1874, before auy votes were taken, but was not read until after the voting. 3.3 and Minutes on file with the Presbytery of Elizabeth and with the Stated Clerk of Synod, including the Com- plaint of the late Dr. S. S. Sheddan, and the briefs of Dr. F. A. Kinch, marked L, and that of Chauncey B. Ripley, marked T, annexed, the Synod should dissolve 1 the relation between Rev. Alexander McKelvey, pastor of the Westfield Presbyterian church and said Presby- terian church. December 16, 1S74. CHAUNCEY B. RIPLEY, JOHN T. LAWRENCE, DR. F. A. KINCH, JAMES O. CLARK, On behalf of the Minority of Wcsificld Presbyterian Church. 2 5 34 The followiiio; is a Second Petition of the Westfield 1 Mirioiity for a dissolution. Tliis Petition was filed in open Presbytery, December 7, 1S74, at Westminster Church, Elizabeth : PETITION OF MINORITY OF WEST- FIELD PRESBYTERIAN CHURCH RE- FERRED TO IN THE FOREGOING COMPLAINT. PETITION* To llie Presbytery of Elizahclh : Your petitioners, the minority of the church and con- gregation of the Westfield Piesbyterian church, respect- fully show — « I. That numerically your petitioners were and are as follows : At the election held in our parish June 11, 1S74, when Rev. Alexander McKelvey and Rev. Mr. Critten- den were candidates, eighty-eight (SS). At the meeting of Presbytery July 7 last, as repre- sented on an application to Presbytery to set aside the election as irregular, one liundred and twenty-two (122). At the installation of Rev. Alexander McKelvey, July 27, one liundred i\ud thirty-two (132). On obtaining the expression of the parish, Monday, the 30th ultimo, by ballot, ninety-three (93) — the dif- ference in the numbers from time to time being, in our judgment, mainly owing to the two modes of obtaining the expression, to wit, one by the circulation of a paper, the other by a vote at; parish meeting ; the former * Three other Petitions were filed with Presbytery the same day, and follow this. 35 method, for obvious reasons, securing the larger num- ber. Your petitioners further show th;it the whole number of votes cast on the 30th ultimo was 272. For dismissal 93 Blank 2 For retaining Mr. McKelvey 177 Showing more than one-third of tlie parish in favor of a dissolution. Your petitioners further show, that they have filed with Rev. Theodoi'e S. Brown, Cierk of the Presbyterial Commission, appointed Nov. D, a list* of forty-nine heads ., of famihes of our church and congregation (such list containing also the names of many who are legal voters, but not heads of families), all of w}n)m have expressed themselves in favor of a dissolution of the pastoral rela- tion over such signatures, which written expression* is also on file with the Commissioners, and dated Novem- ber 10. ■ Your petitioners therefore pray that the pastoral I'e- lation between Rev. Alexander McKelvey and the Pres- 3 byterian church at Westfield be dissolved, and base their application on the numerical opposition that exists and has existed since the vote of the parish taken at the election June 11, 1S74. The General Assembly dissolved the relation in the case of Rev. William Hunter and the church at Hope- \vell, on application of less tluin one-fourth of (lie congre- gation, and tliat by a unanimous vote of the G-eneral As- sembly. Besides, the majority of the congregation united with the pastor in a petition to continue it. The small minority in that case had lost tlieir statics, too, by 4 absence from communion and failure to contiibute their just proportion to the su[»port of the church. Moore's Pres. Dig., pp. 420 and 421. * See Exhibit U, Appendix. 36 It is also worthy of remark, in adding strength to the application of your petitioners, that in the Hunter case the relation vviis jiroperbj created, and had existed for many years, while in the present case, the relation had hardly existed three months when the highest ecclesias- tical Court of the S^ate declared the proceedings irreg- ular and hasty, and this judgment of Synod was unan- imous, while the Presbytery of Elizabeth authorized the prosecution of Mr. McKelvey's call by a vote of 16 to 10, and installed by a vote of 15 to 14. How much more, therefore, by parity of reasoning, are your petitioners entitled to a dissolution ? II. Your petitioners further show, that aside from the 2 irregulaiity and haste which characterized the calling and installing of Rev. Mr. McKelvey and the large dis- senting vote of the Parish of Westfield and this Pres- bytery, that documents are on file with the Presbyterial Commission showing the use of harsJi and intemperate language by Rev. Mr. McKelvey to his parishioners, to wit : charging two of his elders with false/iood and with subscribing to a falsehood. — that those eldei's are fathers 3 in the church of Westfield, among our oldest and most honored citizens, and against whose moral and religious character no word of slander was ever before uttered. Your petitioners further show, that one of them, Elder Ephraim Clark, has reached the great age of eighty years and upwards, and has been a member of our Ses- sion for twenty-eight (2S) years — that the other. Elder Joseph Cory, has been in that office for twenty (20) years, and is now of the age of sixty-five (65) years. Your petitioners further show that the charge of 4 falsehood against these venerable and worthy elders was uttered immediately after the administration of the sac- raments of our church, in which both the pastor and elders participated ; an occasion of extraordinary solem- nity, as the paper referred to on file will show, which 37 paper (the presentation of James O. Clark* before the Pi'esbyterial Commission) we ask to have read so far as it relates to this subject, to wit, the admission of Mrs. Prentis into the church on her dying bed. Your petitioners further show, that a paper is also on file with said Commissioners (or at any rate was read before them) in which Mr. McKelvey admits, in a great measure, the charge made against him by these two elders. The present case, your pttitioncrs submit, is a stronger case than the case of Rev. Mr. Hunter; for (he was once admonished and afterwards dismissed) it does not appear that his paiishioners, against whom he made the charge of falsehood were distinguished for their great age and as office-bearers in the church, and it was in the time of great political excitement — and '' the principnl cause, if not tiie origin of these difficulties," was charging falsehood — but under circumstances far different from those around the communion table at the residence of Mrs. Prentis. Moore's Dig. p. 421, and Dr. Mott's letter.t (Rev. George S. Mott, D. D., was chairman of the Commission. — See Dig., p. 420.) * Exhibit S, Appendix. t LETTER OF GEORGE S. MOTT, D. D. Flemington, Nov. 17, 1874. Chaijncev B. Ripley, Esq. : Dear Sir, — I do not clearly understand what information you seek from me respecting the Appeal case referred to. Yon desire to be in- formed of" the precise language used by Rev. Mr. Hunter"' in the case reported in Digest. If you mean the terms used by him, about some of his parishioners, for which he was admonished by his Presbytery, I cannot give those, because I have none of the papers of the case in my possession. These were lodged with the Stated Clerk of the Assem- bly, and I cannot now recall them by memory. Therefore I cannot state the "precise language" he employed. I can give just what is in my mind respecting the case, as stated in the Report of the Commission. His language was "harsh and intemperate." It should be mentioned 38 Your petitioners therefore urge, that the case before the Presbyteiy of Elizabeth to-day is one in which the minority of our church are beyond question entitled to a dissolution, if the precedent, Mr. Hunter's case, gov- erns your action. Moore's Dig., pp. 420 and 421. Moreover, troubles of this sort are no new thing in respect to Mr. McKelvey. They did not first develop themselves in Westfield. (Here read Exhibit " E," annexed, as to similar trou- ble in Paterson, N. J.* that the trouble began during our Civil War, and much of the irrita- tion was connected with politics. Mr. Hunter was a violent partisan of the South (if I am not mistaken), and some of the opprobrious epithets which he used were those common at that time. He also charged some of his parishioners and members with falsehood. ■»****»* j(_ ^^.^^ evident to us that he had neither the grace nor wisdom to pacify the small and influential minority whom he had angered. So far as I remember, Mr. Hunter did not charge immoralities upon those persons, except in the one particular of charging them with falsehood. His language about them was very offensive to them and irritating under the circumstances. The degree to which language becomes "harsh and intemperate," de- pends considerably upon the circumstances under which it is spoken — and therefore when removed from those circumstances, certain objec- tionable terms may not be so harsh and intemperate. I think, there- fore, that the precise language used by Mr. Hunter is not of much im- portance in your case. The nature of that language may be of some service, and that I have given you from memory. Yours truly, GEO. S. MOTT. * Paterson troubles similar : EXHIBIT E. When Mr. McKelvey was in Paterson, six or seven years ago, he charged several of his church and congregation publicly with ''falsehood and forgery '^ — one of which persons so charged was an officer of Mr. McKelvey's church. For these charges he was required to and did apologize to each person so charged, and this he did after first refusing so to do, and under an intimation from the injured parties that they should resort to some measures for redress. To this we may add that there was a controversy and serious trouble 39 Your petitioners further show : That tlie calling and installino: of Rev. Alexander McKelvey over the church at Westfield was as unjust and inexpedient as it was irregular, hasty and unconsti- tutional. That to continue this relation aijainst the piayer of so large a minority of the church and congre- gation — a minority so justly entitled to the rights and privileges of the house and surroundings which they and their fathers have built and provided, is an act of injustice which no judicial tribunal could, in our hum- ble judgment, insist upon, in full view of all the facts and circumstances of this case. (See brief" of Dr. F. A. Kinch, on file with the Clerk of Presbyterial Commission.) Your petitioners have too high a regard for the Chris- tian character and sense of justice prevailing among the ministers and elders who compose this Presbytery (many of them our neighbors and friends), to believe it possible for such injustice to be permitted, except through misapprehension of the. facts. Your petitioners therefore pray that the question now before you may be considered from the facts and data presented in the brief of Dr. Kinch, and decided on the basis of justice — justice to the minority — justice to the interests of the Church, and justice to the cause of re- ligion generally. Your petitioners further show (and it is most distaste- ful and painful for us to urge your attention to this branch of our c;ise), that we fear Mr. McKelvey does not ia Ml'. McKelvej's charch in Paterson, extending over a period of many months. By reason of this, he was requested by a unanimous vote of all the officers of his church to resign his pastorate. He resigned and went away. So I am informed and believe. JOHN T. LAWRENCE. Westfield, December 7, 1874. * See Appendix, Exhibit L. 4 40 himself take high ground in the position that he sought and retains. We are informed and believe that he was pledged to accept the call if tendei'ed by a majority of the legal voters of the congregation, and that he now stands j^ledged to retain his othce regardless of the inter- ests of your petitioners, who are thereby deprived of their ghurch privileges. Certain it is, that while it appears plain to every one that Mr. McKelvey alone is the only obstacle in the way of bringing harmony out of discord, he himself is unwilling to sacrifice or even jeopardize his position as pastor of the Westfield church, as the following proves : After the Commissioners had finished the hearing of 2 the case by the representatives of the minority. and ma- jority, four on each side, an adjoui'nment of one week was taken, in order to afford the Committees an oppor- tunity to confer together, to the end that, if possible, some adjustment of our troubles might be effected. It was deemed advisable, and by some necessar}^, that Mr. McKelvey's consent be obtained in advance to abide by any terms of settlement or coiupromise on which the majority and minority might agree — he being a neces- sary party to such agreement, from the very nature of 3 things. The Presbyterial Commission sent a Committee to confer with Mr. McKelvey in the matter of compromise ; individual members of the Commission conferred with Mr. McKelvey ; othei's, among them his best friends, conferred with him on the subject, as we are informed and believe, but to no avail. Mr. McKelvey declined to submit his case to the arbitration of four from the minor- ity and four from the majority and abide by the result. At last, three gentlemen from the minority conferred 4 with him and submitted the following propositions: 1. " Will you, in case the majority and minority agree upon a compromise, abide by their decision ?" Tq which Mr. McKelvey replied : "I should want to 41 know what the proposed cornproinise was first. To agree to such a proposition would be like ' buy-.ng a pig ill a bi/o-.' " 1 After which, this proposition was put : 2. " Would you, if the compromise is a dissolution, you to lemain as a stated supply, not to exceed one year from July 27, 1S74 ?" Mr. McKelvey answered : "I decline to commit my- self in the njatter." "But you would be in the hands and under the pro- tection of your friends, an equal number being on this arbitration," some one I'eplied. "I decline," again answered ]\Ir. McKelvey. 2 Your petitioners have become satisfied from this and other occuri'ences, that Mi'. jMcKelvey has no regard for the interests of the minority of our church, and is will- ing to remain, supported, so far as a very large part of the church are concerned, against their free will. A very small mjijority is satisfactory to him, as shown by his remaiks to Elders Clark and Cory. [See brief of James 0. Clark* (on file with Rev. Mr. Brown, Clerk of Pies. Com.)] Mr. McKelvey has taught and endeavored to teach that majorities should necessarily rule and control in the Presbyterian Church. Your petitioners submit that such is not the polity of the Presbyterian Church, and that Synod is very ex- plicit on that point, in the judgment rendered on the Complaint of Dr. Sheddan [see Dr. Sheddan's Com- plaint,! (in Minutes of Synod|)], as well as the judg- ment sustaining the Appeal of the minority of this, our own church and congregation, lately prosecuted by your petitioners [see Minute of Synod| (annexed and marked See Exhibit S, Appendix. t See page 7 ante. t See page G ante. G 42 A.*)]. (See nlso letttM- of iriterpretationt written by Dr. E. R. Ciaveii, Cliaiiiiuvn of Sy nodical Committee on Miiitite — such letter is on file with Presbyterial Com- t . . mission.) Your petitioners further show that the pastoral rela- tion should be dissolved, and speedily, because the inter- ests of our church, the interests of the churches in the Presbytery of Elizabeth, and the interests of religion generally require it. Letters from the mothers of our church have been prepared on their own motion, and handed in to the mi- nority Committee, addressed to this Presbyiery, which are annexed, and to the consideration of which, and the burden of their appeal, we urge your careful attention. (See letter of Mrs. Groodrich,t marked B, and letter of * See page 6 ante. t Appeudix, Exhibit V. X Here follow tlie letters in orfler. First, letter of Mrs. Goodrich, marked B (Petition): To THi: Presbytery of Elizabeth : Reverend Sirs, — As a member of the Westfield Presbyterian Church, and feeling a deep interest in its prosperity, I am constrained to address you. I am one of the large number who feel that as a church we can never have a blessing in our present divided state, and that there will never cease to be a division during the incumbency of the present pastor. I can probably present no more facts to your notice. Socially we are as if we had no pastor, or worse than that. At a little social gathering of mutual friends — all members of this church — shortly after the install- ation, in which five families were represented, I was struck with this fact : Not once was the pastor's name spoken, at a time when our hearts should have been warmed with the consciousness of being blessed, as a church, with a new spiritual guide after months of desolation. There appeared to be a tacit understanding that it was a forbidden sub- ject. Should it be thus ? Another fact I deplore — The influence upon our children of this un- fortunate division. We cannot hide from them the fact. We would 4 have them see only what is " lovely and of good report " iu our church organization, and now they behold men professedly only of the world leagued with church members, and demanding that the rights of majority shall prevail, utterly ignoring the rights of a large minority. As a widowed mother, with one only child, a son dedicated to God in bap- 43 Mr*. French,* marked C, and letter of Mrs. CIark,t marked D, annexed. ) tism, and for whom it is her heart's prayer that ho may early follow the Master and become a visible member of the Church of Christ, I implore you to Aveig^li well the i'acts brought before you, and consider whether it is bast that a pastor should remain without any prospect of harmony. Shame and opprobrium are gathering around our beloved church. A pastor loved, honored and revered has left us, and one for whom we havft no such regard occupies his place. Our blessed Master is dishon- ored, and his people mourn. That he may give you wisdom in your de- liberations, and send peace to our distracted church, is the fervent prayer of " one of the minority." MARY E. GOODRICH. Westfield, November 24, 1874. * Letter of Mrs. French, marked C (Petition): To THE Presbytery op Elizabeth : An affectionate regard ibr this church has induced me to write a few ^ lines. When I think of the church where has been so much uniti/ and love I cannot refrain from tears. Our good old deacons, who have taken many anxious sinners by the hand, counseled, and led them to Christ, are now ignored for men of the world to discuss the interests of the Church of Christ. God forbid that it should be so! Good Dr. Sheddau said, "Let the peopie alone; they will settle the matter themselves?' But, no, the. Presbytery must put a man in the pulpit. The church, by reason of that decision, suffered harm. Oh, how sad ! God be merci- ful to us — give not thine heritage to reproach, and take not thy Holy Spirit from us. We earnestly desire to have a man over this people that will have the root of the matter within him — that will practice what he preaches, which I will testify Mr. McKelvey has not done. Oh, that our pulpit 3 was vacant ! then we could love one another as we always have before the barrier was forced in our path. The sooner the relation is dissolved the better for the church. To be united in what is right is easy, but what is wrong is hard to reconcile. We want sinners converted and brought to the Saviour ; but not to have men of the world rule over the church, as has been done for some months past. God grant the Holy Spirit may rest upon the people, now and forever, is the sincere prayer of this writer. My heart beats with emotion while I pen these lines. Thanks be to God, we have a throne of grace where we may plead our cause. But we ask help from you also as a Committee or Presbytery. You say, be united. How can we, if the strong pillars of church are not to have their place ? I have been a member of this church for many long years, and I have never seen its foundation so fearfully shaken. The pillars are moved out of their place and the church trembles. From a sister in the Church, MRS. P FRENOH.- Westfield, November 22, 1874. + See Appeudix, Exhibit Y. 44 These letters your petitioners submit are onl}^ an in- timation of the sad condition of things in the Parish of Westfield. Parents tremble in view of the unwholesome influ- ence of this controversy over their children, who have been taught to reverence the minister of the parish. Parents absent themselves fiom the Communion and from the services of the church and lecture-room — apply to neighboring clergymen to visit theii' sick, bnptize their children, and marry their daughters.- Families* them- selves are divided, and alienations are lipening into that which does not become either neighbors or Christian brethren. ^ Your petitioners submit th;it Christian ministers nnd elders with your extended expciiience need only reflect to follow out to a more serious and deplorable condition of things the suggestions above submitted. Is it not clear beyon(l question, brethren of the Pres- bytery, that one m;in, one man alone, is the present cause of all our troubles"/ Wli.it subject of contention would remain if Mr. McKelvey were to resign his posi- tion, and the Piesbytery of Elizabeth wei'e to send us as stated supply, for six nioiitlis or a year, — a disci'eet 3 Presbyterian minister — a peace-makei' — a kind-hearted Cliristian sJK^pheid ? During the pi-ogress of the labois of your ]''iesbyterial Commission, a[»pointed at your hist meeting, one of its members. Rev. Mv. Bliss, was ai)pointed by his associates to preach a sermon to the Westfield congregation, pend- ing an adjouinment of the Commission, conciliatory in its bearing. (It was duiing the week the minority and Uiajority weie to hold a joint meeting mentioned above.) Mr. Bliss did preach on " The Eleventh Command- 4 nient," and liis sermon reached the heart and won the admiration of eveiy hearer, as your petitioneis believe. It v^-as a sermon for each, a sermon for all, majoi'ity and * See Exhibit W, Appendix. 45 minority, and entirely free from bias. This sermon was prejiched November 22. The following morning Mr. McKelvey, in stnmge contrast with the spirit of tlie sermon and the spirit of our neighbors and brethren, uttered the following, as we are informed and believe. [See original certificate annexed,* (marked D. Let certificate be read.)] We pass this utterance without comment. The Pres- bytery are competent to give it proper significance. Your petitioners further show that the great success chaimed by Mr. McKelvey in his report at Pluckemin, and before the Presbyterial Conmiission, is seriously ex- plained away by the brieft of Mr. John T. Lawrence on file with the Commissioners. (See brief) Your petitioners further urge the Presbytery to ex- amine the brief of Mr. James 0. Clark, | now on tile with the Commissioners, as to the alleged inconsistency be- tween statements of Rev. Mr. McKelvey made at differ- ent times to different persons, and which are by some characterized as iircvnrica lions. Your petitioners further show that a proposition was made by the minority in good faith, and urged before the Commissioners, as follows : "Let the Commissioners report in favor of a dissolu- tion, the parish to commence dc novo, and Mr. McKelvey to be a candidate." The proposition was resented by the majority, with some appearance of indignation. It was declared an insult to the majority and to Mr. McKelvey. * The following is the certificate {marked wilh papers on file): D. (A remark of INIr. McKelvey's to a member of the majority, Monday, A. M., Nov. 23, as overheard by a bystander in Mr. James Pierson's store) : " Well, how do those fellows feel after that sermon ? Keep up good courage, we shall beat them yet." Tuesday, November 24, 1874. MARY E. GOODRICH. t See Exhibit R, Appendix. X Sec Exhibit S, Appendix. 4 46 Your petitioners submit that it should be regarded quite otherwise, and urged before the Commissioners, the majority being present, that such a proposition, un- der the existing state ot things, is eminently fair — for, if Mr. McKelvey is rightly and fairly the pastor, and the people would re-elect him, and the Presbytery authorize the prosecution of the call, and install him again by a vote' of 15 to 14, then the majority and Mr. McKelvey's friends have nothing to fear. This proposition, if acted upon, would secure fairness to both parties, untram- rneled by any pievious irregularities — that is, bring both parties to a common platform. Your petitioners urge that, under the decision of 2 Synod, the case stands before the Presbytery to-day, de novo, for the exercise of your discretion. Your petitioners earnestly pray the Presbytery to vote this day on the question, Is it expedient to continue this relation ? Let us liave one expression of this judi- catory on the question of expediency. We, your petitioners, have heretofore complained to you, and you have gi'anted us no relief. We have petitioned to you, and our petition was filed away unread and unansv^'ered. 3 We have appealed, and by direction of a Court supe- rior we are before you again urging our petition and complaint. We have made overtures both to the Presbyterial Commission and to the majority, and no countei' propo- sition has been tendered us. The venerable and respected Dr. Sheddan, to the last moment of his life, pleaded for us before the judicatories of the Presbyterian Church, and in his deliriums at the very portals of eternity argued the case of the minority at Westfield, recording his prayers for us up to the 4 moment of his dissolution, and v.'e are still left without relief at your hands. . We implore that we may not be left without redress longer. Grant us relief to-day. 47 Dissolve this pastoral lelation, and dissolve it at once, we imploi'e you. Dissolve it, because it was improperly created, as the Synod have unanimously declared. Dissolve it, because njore than one-third of the church and congregation opposed its creation, and oppose its continuance. Dissolve it, because it was founded in injustice, as we sincerely believe, and remains a hardship we are unable to endure. Dissolve it, because it is expedient so to do, and inex- pedient to do otherwise. Dissolve it, because our hopes of reconciliation under the pastoiate of Mr. McKelvey are entirely dissipated and abandoned. Dissolve it, in consideration of the whole case, and in view of all its bearings — a divided and disordered church, a divided and inharnjonious Session, a Sabbath school divided, divided ftimiiies, divided social and Christian relations and intercourse. (See Minutes* of Parish Meeting, January 28, 1874, and resolutions adopted.) Your petitioners pray for a dissolution, and will ever pray. Westfield, N. J., Dec. 3, 1874. CHAUNCEY B. RIPLEY, FREDERICK A. KINCH, JOHN T. LAWRENCE, JAMES O. CLARK, On behalf of the minoritij of the chvrch and con- gregation of the Fresbijteriun Church. Ephraim Clark, Henry Baker, _,,, \ Elders A Joseph Cory, f F. R. Baker, o Exhibit H, Appendix. t Exhibit U, Appendix. The Eldeisliip equally divided. APPENDIX. EXHIBIT AA. ADMISSION OF SERVICE OF APPEAL AND COMPLAINT. Westfield, N. J., December 17, 1874. Rev. W. C. Boberts, D. D., Moderator, etc. : Dear Sir, — We send you by bearer, for service on you, Appeal and Complaint ot tiie Westfield Presby- terian Church Minority. Please signify in writing, tlirough the messenger, your receipt of the same, and oblige, Yours truly, CHAUNCEY B. RIPLEY, For the Minority. The Appeal and Complaint of Chauncey B. Ripley, Esq., F. A. Kinch and others was received by me this 17th day of December, 1874. WM. C. ROBERTS. 7 EXHIBIT A. POSTAL CARD OF JUNE 24. Sidney, N. J., June 24, 1874. UUNITED states: ; POSTAL CARD. ' To Rev. TV. H. Boberts, Cnmd/ord, N. J. : A Special Meeting of the Presbytery of Elizabeth will be held on Tuesday, July 7th, at 10 A. M., in West- minster Church, Elizabeth, N. J., for tlie purpose of considering, and it the way be cleai", of acting, upon the application of the church at Westtield for placing a call in the hands of Rev. Alexander McKel^'ey to become pastor of said church, and of transacting any business connected with said call. J. G. WILLIAMSON, Moderator. EXHIBIT B. POSTAL CARD OF JULY 2. UNITED STATES: POSTAL CARD. : To Isaac H. Ficrson, Esq,, Westjield, N. J.: Sidney, N. J., July 2, 1S74, Mr. Isaac H. Piekson, Esq. — Dear Sir, — I called a Special Meeting of Presbytery of Elizabeth to be held in Lecture Room of Westminster Church, Elizabeth, on July 7 (Tuesday) at 10 A. M., and sent a notice of it 51 to your Session, mailing it on June 23d. I am sorry that you did not receive it. Please accept this as a second notice. By direction of Stated Clerk of Pres- bytery, I sent former notice to Levi Cory, Esq. I remain, Youi's respectfully, J. a. WILLIAMSON. EXHIBIT C. CERTIFICATE OF ISAAC H. PIERSON, STATED 2 CLERK, JULY 4. . I hereby certify that I am the Stated Clerk of the Session of the Presbyterian church, Parish of Westfield, Presbytery of Elizabeth. I also certify that I was appointed at the parish nieet- ing, June 11, 1874, to subscribe the call to Rev. Alex- ander McKelvey as a member of the Session. That I have received no official notice from the Presbytery of the pi'oposed meeting of that body on the 7th of July until July 2d, and did not know officially that such meeting was called till Tuesday, 30th inst., when I saw the notice of Rev. W. H. Roberts. Dated July 4, 1874. ISAAC H. PIERSON. 62 EXHIBIT D. COMPLAINT OF THE MINORITY OF^ THE WESTFIELD CHURCH AND CONGREGATION AGAINST THE AC- TION OF THE MODERATOR, REV. E. KEMPSHALL, AT A PARISHf MEETING HELD IN WESTFIELD, N. J., JUNE II, 1874. THIS COMPLAINT WAS HEARDl JULY 7, 1874, AT A MEETING OF THE ELIZABETH PRESBYTERY IN' WESTMINSTER CHURCH, ELIZA- BETH. 2 To the Fresbytcry embracivg the Parish of Westjield, New Jersey : The subscribers, iiieinbeis of the Presbyterian church and congregation of Westfield, N. J., complain and allege — That the pioceedings had at a parish meeting held on Thursday, June .11, were irreguhir, and calculated to promote discord and impair the best interests of the church, for the following reasons, to wit: •^ 1. No sufficient endeavor was made by the Moderator to dissuade the congregation from prosecuting the election of a {lastor after it appeared that a large minority of the people were averse from the candidate in the majority. The course ado[)ted being contrary to the fifth section, Chapter XV of the Book of Government. A certified copy of Minutes* (here offered in evidence) fails to show the utterance of a word by tlie Moderator with a view of dissuading the majority. As matter of fact, there was not a word uttered, as the book re(;[uires. 4 While the same Minutes (Ex. E) show that the Mod- erator delivered himself of two exhortations to the mi- nority, urging them " to renounce individual preferences * Exhibit E, Appendix, Minutes of meeting of July 7. -53 and accept the candidate chosen by the majority " (Ex. E) — "to let their affections for this church of historic memones rise above individual prefei'ences, go home and submit to tlie orderings of Divine Providence," etc. (Ex. E). The Minutes (Ex. E) show that the majority was not large, being the diffei'ence between 117 and 88 — only 29. There is no evidence in the Minutes themselves, nor was such the fact, that the majority insisted upon their right to call their ciindidate. Besides, the Moderator was urged to dissuade the congregation from pressing the candidate of either party by Chauncey B. Ripley, who voted for neither Mr. McKelvey nor Mr. Critten- '^ den ; and the ruling of Rev. Dr. Sheddan at a former parish meeting was cited as a precedent in conformity with the rule under Sec. 5, Chap. XV., referred to. Mr. Ripley cited that case, urging that the candidate, Mr. McKelvey, was a candidate at that meeting, January 28, 1874, and tliat' the majority for hiui was about the same, compared with the number of votes cast, and that, ac- cording to the Book of Government and the ruling of Dr. Sheddan,* it was clearly the duty of the Moderator ^ to endeavor to discourage a call. The Moderator neglected so to do. The Minutes of the previous meeting were called for by Mr. , and the former clerk. Dr. Kinch, offered to read them, but the Moderator ruled them out. The Minutes are offered in evidence, and n)arked Ex- hibit A.t A resolution adopted in that meetmg, and contained in those Minutes, was important, showing that Mr. McKelvey was discharged as a candidate for the pas- torate of Westfield church, and another resolution that the call be prosecuted no further.^ * See Exhibit H, Appendix — Minutes of January 28 meeting. t Marked Exhibit H in Appendix. See pages 62 and 63. t Page 63, post. 64 2. The motion to make unanimous the majority vote proceeded from one of the majority, and was seconded by one in the majoi'ity also (Dr. Sheddan suggested that ^ minority should make the motion). The motion was made by Mr. Effingham Embree, who voted in , the majority, and was seconded by Mr. Jonathan Cory of the majority. It was urged by one ol the congregation that of a!l the minorit^^, numbering 88 out of 205, there was not one, after the exhoitation of the Moderator, to make the mo- tion tor unanimity ; and that of itself was conclusive evidence that the call sliould be discouraged. To this Appeal the Moderator did not respond, except to put the question. 2 Exhibit I, a letter of the Clerk of the Parish Meeting of June 11, shows thiit tlie record of that fact, stated above in point 2, was suppressed by order of the Mod- erai;or, Dr. Kempshail. See page 64, yost, Exhibit I. Compare also Ex. J (Ai)pendix), a true copy of the original Minutes, with Ex. K (Appendix). 3. There was no unanimity in the vote recorded as unanimous to elect a pastor, such vote being shown to 3 embrace not more than two from the minority — the ma- jority vote being 317 on the first ballot, and only 1J9 on the ballot to make it unanimous (Ex. K and Ex. J). Unanimity is not implied where the vote stood as in this case. It can hardly be said to approximate to unan- imity. 4. No opportunity was given to members of the con- gregation to express their views on the subject of sal- ary, and undue haste was indulged in making out the call and fixing the salary. 4 Rule of General Assembly, No. 18. Moore's Pres. Dig., 206. Chauncey B. Ripley, a member of the congregation, and a legal voter, arose after the motion was made to 55 fill in $2,500 as the salary, and, addressing the Modera- tor, asked if any remarks were allowable on any of these motions. The Moderator answered "No." The ruling implies undue haste. The General Assembly will not sustain the action of 1 an inferior judicatory where they have been precipitate, and not observed the constitutional rules. Case of Mr. Arthur. — Moore's Pres. Dig., (last edition) p. 571, No. 11. Tlie right of petition, and the right of freedom of speech is recognized by the General Assembly of this church in the case of Dr. Neill (Moore's Pres. Dig., p. 542), and the Committee refuse to discuss it, as being an established principle not requiring proof. 5. The parsonage was added to the salary by direction of the Moderator (Dr. E. Kempshall) without the vote of the people (Exhibit K, Appendix). The Synod and General Assembly have recommended to congregations that they provide a glebe and parson- age for their pastor, and a liberal support — tliat their salaries be made adequate to their needs, and paid with honorable promptitude, but there is no authority assumed on the part of the Presbytery, nur any orders made in any recorded case. The Presbytery have no autlioi'ity to add parsonages 3 to salaries, and could therefore delegate none. Tlie title to the use of the parsonage, if acquired at all, must be acquired through those who hold the title, viz., tht corporate church organization. Dr. Kenjpshall's pretended grant is therefore a nullity, and Mr. McKelvey has no title. He must acquire it in the ordinary way by grant of the people. 6. Illegal votes were cast by those not entitled to vote under the rules, and the votes of persons counted ^ who did not cast them. 5G Exhibit K shows 208 votes cast and only 206 names recorded. The votes of those persons specified in Di'. Kiiich's 1 brief* were not pew-holders in good faith. Mr. Squier Pierson arose to inquire the sum named as sahiry, and was counted while making the inquiry. Witness, John T. Lawrence, Supervisor of Election. For other cases of illegal voting, see Dr. Kinch's brief.* 7. After it was demonstrated that unanimity could not be secured, the Moderator refused to entertain a res olution that we were not ready for an election. Tlie motion was made by Chauncey B. Ripley, and seconded by John T. Lawrence. The motion was in the nature of a motion to recon- sider the first motion, and was therefore a privileged question. American Debater, p. 119. The ruling was in conflict with parliamentary rules, with the Book of Govermnent, Sec. 5, Chap. XV, and with the ruling of Dr. Sheddan at a former meeting, January 28, lS74.t 3 '' S. The Moderator denied the privilege to tiiose en- titled to vote to make remaiks on several questions sub- mitted to the congregation fur ballot. On the motion to fix the salary at $2,500, the Mod- erator was asked by Chauncey B. Ripley if any of the motions being made were' debatable, and was answered no by the Moderator. 9. The candidate in the majority was not properly * Brief of Dr. F. A. Kiiicb, used by him in his argument before Pres. bjtery of Elizabeth, July 7. See Appendix, Exhibit L. t That it became the Moderator's duty to endeavor to dissuade in case of large minority. 57 before the congiegatiou, lie having been once presented on a former occasion, and dropped b^' unanimous con- sent, and the Session having refused to present his name a second time. (Error — The majority was a trifle greater at the last meeting). The Minutes (Exhibit H, Appendix) sliow that Mr. McKelvey was discharged as a candidate — that his elec- tion was to be piosecuted no farther. There is no good reason sliown tor liis piesentation a second time. It was unfair to the Camp faction, and in bad taste as to the candidate. From all tlie proceedings ai sucli meeting, for the reasons given above, and others that m;iy appear, we respectfully appeal to your body for ledress. CHAUNCEY B. RIPLEY, On behalf of the Minority.* June 13, 1874. * The miuority at the time uuinbered one huudred and tweuty-tbur. See also Exhibit G, Appendix. Dr. F. A. Kinch also appeared before Presbytery July 7, and submit- ted brief. See Exhibit L, post. 3 Mr. John T. Lawrence was also heard on behalf of the minority on that occasion. 58 EXHIBIT E. I MINUTES OF PRESBYTERY, JULY 7, 1874. MINUTES OF THE PRESBYTERY OF j ELIZABETH HELD JULY 7, 1874,/ . OMITTING ORGANIZATION AND/ THE- EOIX. I The call for llie meeting was then read, the purpose being to consider, and if the way be clear to act upon, the application of the church at Westfield, N. J., for the jdacing a call in the hands of Rev. Alexander McKelvey to become pastor of said church, and of transacting any business connected with said call. The cliurcli at West- field was represented by the following named persons as commissioners : E. M. Pierson, Orrin Pierson, Levi Cory, A. S. Clark, who presented to Presbytery the Minutes of the parish meeting held in the church at Westfield, June 11, 1874, the Minutes of the joint meeting of the elders and trustees, authorizing the commissioners to represent the church, aiid the call to the Rev. Alexander McKelvey. The papers as presented were read, On motion. liesolved, That the minority of the church be heard by their representatives, C. B. Ripley, C. A. Kinch,* and Mr. Lawrence. Mr. Ripley objected to the legality of the present meeting of Presbytery, on the ground of insufficient no- tice to the church at Westfield. The Moderator decided that sufficient notice had been given, inasmuch as one of the elders of the church had been notilied by hin^. of the meeting of Presbytery more than ten days previous to its convening. Exception was taken by Mr. Ripley to the ruling. * Should be Dr. F. A. Kineh. 59 The representatives of the minority then presented their complaint piotesting against the settlement of Rev. Alexander McKelvey over the church at Westlield, and explained its point. Dr. Kempshall made a full statement to Presbytery of the part taken by him, first as Modeiator of tlie meet- ing of Westfield Session, June 2, 1S74,* and, second, as Moderator of the parish meeting of tlie church, June 12, 1874. The following resolutions were then moved and sec- onded : Resolved, 1. That the call of the Westfield churcU and congregation for the pastoral services of the Rev. Alex- ander McKelvey has been regularly made., and is found to be in order. 2. That the commissioners bearins^ the call to Pros- bytery have leave to prosecute the same. After discussion, a division of the question being called for by the I'equisite number of persons, the vote was taken on the resolutions separately. The first was cai- ried unanimously ; and the second was carried by a vote of 16 in the affirmative to 10 in the negative. On motion, Resolved, That the Rev. Alexander McKelvey be in- vited to appear in person before Presbytery, and that the commissioners of Westfield church have leave to place the call in his liands.t Mr. McKelvey appeared be- fore Presbytery, and upon receiving the call stated that he was not then able to decide as to its acceptance. Notice being given by the minority of their intention to appeal to the Synod of New Jersey against the ac- tion of Presbytery in authorizing the prosecution of a call to the Rev. Alexander McKelvey to become pastor * See Exhibit U, post. \ Motion by Dr. Kempshall. See Point VII, page 22 above. 1 2 60 of the church at Westfield, Drs. Kempshall and Plumb- ley were appointed a committee to defend such action before Synod. The minority requested a stay of proceedings until after the hearing of the appeal to Synod. On motion, Resolved, Whereas the minority of Westfield church have 'asked a stay of proceedings, therefore, resolved : that this body decline, at this time, to grant their re- quest. On motion, Presbytery adjourned. The above is a correct copy of the Minutes of the Presbytery of Elizabeth, July 7, 1874. JOHN C. RANKIN, Stated Clerk. Basking Ridge, N. J., July 15, 1874. EXHIBIT F. CERTIFICATE OF DR. RANKIN, STATED CLERK OF PRESBYTERY OF ELIZABETH. I hereby certify that at the meeting of the Presbytery of Elizabeth held on the 7th of July in the city of Eliz- abeth, objection was taken by Chauncey B. Ripley to the voting and other paiticipation of Rev. Dr. Kemp- shall, on the ground that he was an interested party, and a member of the judicatory whose action was under review. That notwithstanding such objection, duly made and taken, the said Dr. Kempshall participated largely in the discussions and voting. I also certify that Dr. Sheddan, of Rahway, also a member piesent, objected to the proposed deliveiy of the call to the Rev. Alexander McKelvey on that occa- sion, as being premature, for the reason that the Rev. 61 Alexander McKelvey was not a member of our Presby- tery, and that lie was a member of some Classis of the Dutch Reformed Churcli, and that such delivery of the call would be irregular, according to the rules and prac- tice of the two churches. The above statement, drawn up by Mr. Ripley, I here- by sign and certify to be substantially correct, accord- ing to my recollection. JOHN C. RANKIN, Stated Clerk. Basking Ridge, N. J., July 15, 1874. EXHIBIT G. REPORT OF COMMITTEE OF MINORITY TO MR. McKELVEY, AND NOTICE OF IN- TENTION TO APPEAR BEFORE PRESBYTERY. Westfield, N. J., June 22, 1S74. To Bev. Alexander McKclucij : Dear Sir, — The minority of the parish meeting of the Presbyterian Church recently held for the purpose of 3 electing a pastor, met on the 20th inst., and organized by the election of a president and secretary, and ap- pointed a committee to report to you the action of the minority since the parish meeting. The committee thus appointed request me to submit the following as their report : Since the 13th inst., the inclosed appeal to the Pres- bytery* has been circulated among the members of the church and congregation, and has been subscribed by one hundred and twenty-four persons — all entitled to vote under the rules laid down at the parish meeting. 4 The paper is still in circulation, and the number of sig- * i. c. The points given on page^< f>2 to 57 inclusive, ante. 62 natures will be somewhat increased, as we have good reason to believe. It is proposed by the minority to a[>point from among 1 their number Commissioners to attend the next meeting of the Presbytery and present this Appeal, and urge the points therein set foi'th. It is the unanimous conviction of the minority that it is a duty they owe to themselves and to you, that their action be thus reported and iriade known, and that you have due notice of our intended application to the Pres- bytery to set aside tlie election on the grounds set forth in paper inclosed. Very respectfully, 2 ROBERT FRENCH, ) ^ JOHN T. LAWRENCE, I ^^»'"^^"^^- Chauncey B. Ripley, Chairman. Charles A, Kinch, Secretary. The foregoing Report and Notice was served person- ally on Mr. McKelvey a week or more before the meet- ing of Presbytery on the 7th July following. Along with it was also served a copy of the points contained in Exhibit D, sHj)ra, page 52. 3 EXHIBIT H. MINUTES OF PARISH MEETING OF JANUARY 28, 1874. At a special parish meeting, called by the Session of the Presbyterian Church in Westfield, New Jersey, agree- ably to notice, held in the church on Wednesday, Jan- uary 28, 1874, for the purpose of electing a pastor for said church : The Rev. S. S. Sheddan, of Rahway, presiding as Mod- erator, opened the meeting with prayer. 63 On motion, Resolved, That Dr. F. A. Kinch be chosen as secretary of said meeting. ^ 1 On motion, Resolved, Tliat the meeting proceed to elect a pastor. Nominations were announced by the Modeiator to be in order. The Rev. Alexander McKelvey and Rev. Edward H. Camp were nominated as candidates. On motion, . Resolved, That Messrs. Addison S. Clark, Francis R. .^ Baker and William W. Baker act as tellers in this elec- tion. After the election, and the votes counted, it was announced by the tellers rhat there had been ninety- eight votes cast, of which Rev. Al-exander McKelvey had received fifty-five, and the Rev. Edward H. Camp had received forty-three votes. On motion. Resolved, That the church and congregation prosecute ^ the call for these two candidates no further. On motior>. Resolved, That these two candidates, viz., Rev. /i.lex- ander McKelvey and Rev. Edward H. Camp be dis- charged as candidates for the pastorate of this church and congregation. On motion. Resolved, That all chuich members of this church in good and regular standing, and all pew-holders who con- ^ tribute their just proportion, according to their own engagements or the rules of the congregation, to all its necessary expenses, shall hereafter be considered legal 64 voters on all questions relating to the election of a pas- tor. On motion, Resolved, That the thanks of this church and congre- gation be tendered to Rev. Alexander McKelvey and Rev. Edward H. Campfor their able and interesting dis- courses which they have favored us with. On motion, Resolved, That we adjourn. REV. S. S. SIIEDDAN, Moderator. F. A. KINCH, Stcretary. A certified copy. F. A. KiNCH, Clerk of said meeting. EXHIBIT I. •^ LETTER FROM CLERK OF PARISH MEETING OF JUNE IL Westfiei^d, N. J., June' 13, 1874. Mr. Isaac H. Pierson [Stated Clerk of Session) : Dear Sir, — Permit me to hand you the certiHcate of the Moderator" of our last })arish meeting, with the blanks properly tilled out as you requested. I do also send a copy of the Minutes of that meeting. Some one n)ay discover an omission after the motion to make the call unanimous. In the original di'aft of the Minutes ap- pears this item : " The motion was made by a repre- sentative ot the majority ;" but it is omitted from the * Dr. Kenipsball. 65 certified copy by the order of the Moderator of the meeting. Sincerely yours, CHARLES A. KINCFI, ^ Cleric of Parish Meeting held June 11, 1874. A true copy. CHARLES A. KINCH, Clerk of Parish Meeting. EXHIBIT J. FIRST DRAFT MINUTES OF JUNE 1 1 MEET- ING. At a parish meeting held June lltli, 1874, agreeable to call of Session, Dr. Keuipshall in chnir, opened by prayer, Dr. Charles A. Kincli elected Clerk. Stated Clerk of Session gave report of Minutes of Ses- sion meeting. Call of meeting read. Moved proceed to election of a pastor of this church. Carried unanimously. Nomination — S. W. Crittenden (seconded), Alexander McKelvey. Appointed tellers by motion — William W. Connoly, Joseph S. Clark. Carried. Order of Session in regard to ballot stated by Modera- tor. Moved add to tellers to act as supervisors of elec- tion. John T. Lau'rence, James M. French. Carried. Ballots distributed and taken. Result announced. Moderator exhorted the minority to renounce individ- ual preferences, and accept candidate chosen by major- ity. Moved call made unanimous (by a representative of the majority). Ruled this only motion in order. 9 66 Ruled that the can only get voice of people by a vote to find out how fiir tlie minority will yield, and how far majority will insist. Ruled, division. Yeas, 119; nays, 57. Moved call made out for Alexander McKelvey be pas- tor of this cliurch. Carried. Moderator read call with blank dollars, blank day. How fill blank for salary — moved, $2,500. Called for division. Ruled all who voted upon the other question may vote on this.* Yes, 1'2 ; no, 03. Carried. How payments / Semi-annually. B}' call, wish to add parsonage V Ruled : subscribe to call by every person — elders and deacons, by trustees or select committee. Moved by elders and trustees. Carried. Exhorted affection of this church of historic memories rise above individual preference, and have done duty and submit to Divine Providence. Moved sincere vote thanks of meeting to Dr. Kemp- shall for his able — Adjourned with prayer. Minutes read and accepted. A true copy. CHARLES A. KINCH, Cleric of Farish Meeting. * The other question vefened to was the question who should he pas- tor. Compare Exhibits T and U p«st. ()7 EXHIBIT K. MINUTES OF JUNE II MEETING, AS REVISED i BY DR. KEMPSHALL. At a parish meeting held June llth, 1874, agreeable to the call of the Ciiurch Session, Dr. E. Kempshall acting as Moderator, The meeting was opened vvich prayer. On motion, Charles A. Kinch was elected Clerk. The Stated Clerk of the Session gave a report of the Minutes of the meeting of the Session, at whicli it was decided to call this j?a;v'sA meeting. The call of the meeting was read. It was moved that we proceed to the election of a pastor for this church. Carried unanimously. Nominations were in order. Rev. S. W. Crittenden was nominated, and Rev. Alexander McKelvey was nom- inated. Both these were seconded. On motion, two tellers were appointed, viz., William W. Connoly and Joseph S. Clark. The oi'der of the Session in regard to the ballot vvas stated by the Moderator. It was moved to add to the tellers two, to act as super- 3 visors of election. Messrs. John T. Lavverence and James M. French were nominated. Carried. The ballots were distributed and taken, each voter depositing his ballot at the desk, and having his name recorded. The result was announced as follows : For Rev. Alexander McKelvey 117 " S. W. Crittenden 88 '' " G. C. Milne 1 Blank 2 •208 There were but 206 names recorded. ()S The Moderator exhorted the minority to renounce in- dividual preferences, and accept the candidate chosen by the majority. It was moved that the call be made unanimous. The Moderator ruled that this was the only motion in order, and that he could get the voice of the people only by a vote ; to find out how far the minority will yield,,and how far the majority will insist. A division being had, 119 voted aye, and 57 voted no. It was moved that a call be made out for Rev. Alex- ander McKelvey to be pastor of this church. Carried. The Moderator read the form of a call, with blank dollars and blank day, and asked, "How will you fill the blank for salnry >"' It was moved that the salary be fixed at $2,500. A division was called for. It was i-uled that all who voted upon the other ques- tion may vote on this. The motion was carried by a vote of 72 ayes and 63 noes. It was ordered that the payments be made semi-an- nually. It was ordered that the use of the parsonage be added. It was luled that this meeting may subscribe to the Ciill by every person signing it, or by the signatui'es of ^ the elders and deacons, or those of the trustees, or of a select committee appointed for that purpose. It was moved that the call be subscribed to by the elders and trustees. Carried. The Moderator exhorted all the members of this church and congregation to let their afiections for this church of historic memories rise above individual pref- erences, and go home with tlie satisfaction of having 4 done their duty, and submit to what seems to be the orderings of Divine Providence. It was moved that a sincere vote of thanks be ten- dered to Dr. E. Kempshall for his able, courteous, and 69 impartial rulings and conduct of this meeting. Carried unanimously. The meeting adjourned with prayer. The Minutes were read and accepted. DR. E. KEMPSHALL. Moderator. CHARLES A. KINCH, Clerk. " A true copy." CHARLES A. KINCH, Clerk. EXHIBIT L. BRIEF OF DR. F. A. KINCH,* JULY 7, AS READ BY HIM BEFORE PRESBYTERY OF ELIZA- BETH. To the Presbytery of Elizabeth : We, the commissioners appointed by a meeting of the minority of the late parish meeting held in the Presby- terian church in Westfield, N. J., June IJ, 1874, beg leave to present to your honorable body the following reasons for protesting against presenting the call made at the late parish meeting to the Rev. Alexander McKel- vey. 1. We protest against the presentation of the call to Rev. Mr. McKelvey, as we do not believe the candidate in the majority was properly before the congregation, he having been on a former occasion befoie the people, and having been discharged by a unanimous vote of the * Dr. Kinch presented substantially the same brief to the Presbyterial Commission in November, enlarged and adapted to that state of the case. 4 70 congregation, as the following resolutions fully show — parish meeting held January 28, 1S74 : 1 Besolved, That this church and congregation prosecute the call for these two candidates no further. Resolved, That these two candidates, viz., Rev. Alex- ander McKelvey and Rev. E. H. Camp, be discharged as candidates for the [)astorate of tliis church and con- gregation. And further, the Session refused to present his name a second time. He has not been before the congrega- tion to [)reach, or on any other occasion, since Decem- 2 ber 28, 1873, more than six months ago. One of the Session, Mr. E. M. Pierson, in a conversation with him last Friday, told me that the Session did not bring him before the people, and that his coming before the church was none of the Session's doings. And on the 4th of July I called on the Clerk of the Session. He informed me that tliey, tlie Session and trustees, held a union meeting May 4tli, 1874, and Rev. Mr. McKelvey was recommended to the Session by the trustees. There not being a full Session, a committee was a[)pointed to 3 call on the absent members and report at the next meet- ing, May Sth, 1874, at which time the Session met and adjourned without any action, any further than the committee reported that they had seen Rev. Mr. McKel- vey, and he was at leisure, and that the committee had called on the absentees, and two of them did not acqui- esce. After much conversation on the state of the church, the Session adjourned. There being no candidate oi- supply before the con- gregation, it was recommended by Deacon Squire Pier- son that Rev. S. W. Crittenden be invited to preach, and atter supplying the pulpit one Sabbath, and on be- ing invited to come again on the following Sabbath (which was communion season), Mr. Crittenden asked the committee the question, "Is there any other candi- 71 date before the people ? If so, I would rather you would dispose of him first." The coiniiiitteo told him that there was no other candidnte before the people. This was May 3Jst, 1S74 (eleven days before the parish meeting). 2. We fuither protest against presenting the call to Mr. McKelvey on account of illegal votes cast, and other votes of doubtful legality, at the late parish meeting. Proofs : Accoiding to the clerk's minutes, there were 206 names recorded as voters, and 20S ballots counted, i. e., there were two iiiore ballots cast than there were voters. The Moderator I'uled that one ballot be taken from each side. We ask. Did that make the election legal ? Illegal votes were cast by the following named per- sons : Mrs. Isaac LittelK wliose husband pays pew rent, and the pew is in his name. She is not a pew-holder, and is not a church member. Mis. Zoplier Hetfield — siie jjas no jx'vv, and is not a church member. Voters of doubtful legality : Charles H. French, Ed- die E. French, William C. Terry, and William C. Pier- son, wliose liames were not on the books of the trustees, as given by the collector of the pew rent, twenty-four houis before the time of pnrish meeting. Edward E. French and William C. Terry, when asked how they came to vote on election at tlie parish meeting, replied that they had their receipts in their pockets, and that they iiad rented their seats the niglit before parish meet- ing. William C. Pierson is a young man in a grocery store in Cranford — has not been identified with Westfield for four years past. His father h;is rented his pew ever since the churcli was built (12 years). And we have good reason to believe that many had rented pews since the first parish meeting who were never before identi- fied with the church and congregation. John H. Lever- idge told me about two weeks ago, in my office, that he rented a sitting in the section of his employer, Mr. Mof- fett, and that he paid Mr. Moffett $2.50 for the sitting 72 for one year, and that Mr. MofFett had charged him with that amount on his books, and that he never made any contract with the trustees for pew rent. He voted at parish meeting. We protest against the presenting of this call on ac- count of the rehitive strength of the apparent minority to tliat of the majority at the parish meeting. At the late parish meeting there were 206 votes cast. They voted as foHows : MAJ. MIN. Members of Westfield church 73 72 Members of other churches, but pew-holders 4 4 Not church members, but pew-holdei's 38 15 115 91 Total number of votes 206 Taking the Christian families whose united heads are members of the church, we find tliat their votes repre- sent as follows, as to the number of families : MAJORITY. MINORITY. Man and wife members 34 37 Wife a member and father not 15 15 Non-communicants 19 3 Another proof as to the strength of the church, as to who have been and who continue to be the supporters, or at least doing their full proportion, in sustaining the church and defraying contingent expenses. By reference to the subscripiion book for building the church in 1861, those who subscribed to the church building, and one or other of the parties are living, are as follows — Those who voted, and who represent the majority, minority, and not voting : 73 MAJORITY. MINORITY. NOT VOTING. Subscription... $1,735 $0,030 $2,350 Ratio is as ] to 3.4S. And as proof that the minority still continues to sup- port the church, we refer you to the subscription book for an extension to our lecture-room, 1S72 and 1S73 : Those who voted in the M.\JOKITY. MINORITY. NEUIRAL. Am't of subscription $477.23 $8S 1. 25 $S52.7G Ratio as i to 1.S5. And we further beg leave to refer your body to a vol- untary subscription to Rev. E. B. Edgar, on resigning his charge in Westfield : Those who voted in the majority contributed. . $251.00 " " minority " . . 250.00 Neutral, deceased, or moved away 66.50 Taxable Property for 1873. Those who voted in the majority taxed $136,350 " " " minority '• 283,775 Ratio as 1 to 2.08. Taken from Assessor's book for 1873. 3 Mr. Moderator, you may ask who pay the most pew- rent. This item I have endeavored to obtain of the trustees. I called on Mr. Orrin Pierson, the collector of pew rents, and a trustee, July 6, 1874, and asked him if he would do me the favor' to allow me to go into his feed-store — for there it was he kept his books — that I wished to ascertain the amount of pew rent paid. He answered he could not let me see the books without an order from the trustees. I asked him how I could ob- tain consent, of the trustees. He answered I would have to see the president of the board of trustees, and 4 request him to call a meeting. I asked him who was president of the board. He replied, Mr. William W. Connoly. In a few moments after I saw Mr. Connoly. 10 74 I asked him if he was president of the board. He re- plied he was. I asked him if I could have the privilege of looking thioiigh the church books under the direction ^ of the collector, Mr. Pierson. He replied that if Mr. Pierson was a mind to let me have the books, he didn't care anything about it. Whereupon Mr. Pierson replied that in his opinion no one had a right to examine the books'unless it was a committee appointed by the parish meeting especially for that purpose. I then asked Mr. Connoly, the president, if he would call a meeting of the trustees. He said " not to-day."^ We further protest against the presenting of this call to Mr. McKelvey, in behalf of one hundred and twenty- 2 eight (li^S) remonstrants, who have signed their names in good faith ; but of this number one hundred and nine (109) are members of the church in good and regular standing, and all the others, although not church mem- bers, are pew-holders, sound supporters of the church, and who contribute theii' just pioportion to all the necessary expenses of the church, as their names will fully show.t Taken from the Session books, we have 238 church members' names on the books ; and on examination, we 3 find only 190 active present members among this list. The others are either deceased, out of the place, or so very infirm that they are no longer able to take any part in the church ; and we here piesent to you the names of one hundred and nine regular church members, representing more than one lialf of the church, as re- monstrants to this call. And, in conclusion, Mr. Moderator, allow me to say, that on this honorable body rests a fearful responsibility. Your decision relative to our much-cherished church in Westfield this day decides, for weal or woe, the future * destiny of our church of " historic memory." We come to you as our o-nly means of redress. We * See Nixon's Digest 4 ed., p. 803, $ 6. See note to Ex. W, Appendix. t See Exhibit W. 75 have failed to leani whether the candidate will accept the call or not ; but we learn that he has decided to leave it in the hands of Presbytery. The ruling of our Mod- erator at the late parish meeting was, as I understood him to say, that our remedy was to appeal to Presby- tery ; and we do appeal to you, and plead with you that you will withhold this call, and permit us to select a man who will unite the hearts of our people and make us all one in Christ Jesus. We therefore leave this ap- peal in your hands, trusting that you may be guided and directed by the Great Head of the Church to do all things with an eye single to his glory and the prosperity of Zion. (as submitted by) Dr. F. A. KINCH. EXHIBIT M. RECORDS OF STATED CLERK OF ELIZABETH PRESBYTERY. Extracts J rom the Mh) uf.es nf the Frecbyfcry of Elizabeth, Synod of New Jersey, being a Record of nil that has been done by this Presbytery from the time of the Meeting 3 of Synod to the y resent date in regard to the Westfeld matter. Basking Ridge, N. J., March 22, 1875. SYNOD'S ACTION ON COMPLAINT OF REV S. S. SHEDDAN AND APPEAL OF C. B. RIPLEY, ETC. Elizabeth, N. J., Nov. 9th, 1874. The Stated Clerk submitted to Presbytery a certified copy of the action of the Synod of New Jersey at its late meeting in the City of Camden, touching the Complaint of the Rev. S. S. Sheddan and others, and the Appeal 4 and Complaint of C. B. Ripley and others, whicfi had been submitted to that body. Said action is as follows, viz. : 76 Extract froin the Minutes of the Synod of New Jersey, in session ut Camden, October 23, 1S74. The committee appointed to bring in a Minute setting forth its decision, and the grounds thereof, in the case of the Comphiint ot the Rev. S. S. Sheddan and others, presented a report which was accepted. The parties in Judicial Case No. 3, which was the Appeal of C. B. Ripley and others from the decision of the Presb3'tery of Elizabeth, touching the same matters of which Dr. Sheddan and others had complained, ex- pressed their assent to this report, whereupon it was adopted, and is as follows : The Synod sustains the Complaint and the Appeal, the force of this judgment being not to reverse the ac- 2 tion of the Presbytery of Elizabeth, and declare the pro- ceedings void; but the Synod judge that the Presby- tery was irregular and unduly liasty in its action in the matter of tlie installation of the Rev. Mr. McKelvey arid in disregarding the rights and privileges of the mi- nority of the congregation of Westfield, and also the opinion of the minority of Presbytei y. In view of all the facts, the Synod directs the Presby- tery of Elizabetli to reconsider its action in this whole matter, and after giving a full hearing to tlie majority and the minority of the congregation of Westfield, to de- termine whether the [)astoral relation of the Rev. Mr. o McKelvey to the church of Westfield shall be continued 01' dissolved. A true extract. Attest, J. B. DAVIS, Stated Clerk. WESTFIELD MATTERS EECONSIDERED — ACTION IN REGARD TO. The above extract was read, whereupon it was Resolved, That this Presbytery, in accordance with the 4 direction of Synod, now " reconsider its action in the whole matter" of the calling and installation of the Rev. Alexander McKelvey over the congregation of Westfield, with a view to the hearing ordered above. 77 Inquiry was then made by the Moderator whether the majority and the minority of Westfield congregation are present by their representatives, and ready to be heard at this time. Representatives of the majority reported themselves present and ready to be heard. Those of the minority were present, but not ready to be heard. On motion, it was Resolved, That a committee of five be appointed, to consist of the Moderator as chairman, and of two other ministers and two ruling elders, one of each class to be chosen from the majority and the minority of Presby- tery, respectively, upon this question. This committee shall confer with lepresentatives of the majority and mi- ^ nority of Westfield congregation, and if no adjustment of existing difficulties be agreed upon at such conference, shall have power, in conjunction with the Session of Westfield church, to call a parish meeting to ascertain the sense of Westfield congregation as to the contin- uance of the present pastoral relation, and shall report the whole proceedings to Presbytery at a meeting to be held on Monday, Dec. 7, 1S74, at ten o'clock A. M., in the lecture-room of Westminster Church, Elizabeth. COMMITTEE ON WESTFIELD MATTERS. The committee appointed under the above resolution consists of the following persons, with their alternates respectively, viz. : Rev. W. C. Roberts, D. D., chairman ; Rev. T. S. Brown, with W. H. Roberts, alternate ; Rev. J. C. Bliss, with J. De Hart Bruen, alternate. Rulina: Elders: Samuel Milliken, with N. U. Voor- hees, alternate ; T. H. Shafer, with Williams, al- ternate. 78 Elizabeth, N. J., December 7, 1874. Presbytery met, according to adjournment, at 10 o'clock. A. M., in the Westminster Church, and was opened with prayer. In view of the solemn interests depending on our ac- tion at this time, fifteen minutes more were spent in de- votional exercises. ****## EEPORT OF COMMITTEE ON WESTFIELD. The report of the committee appointed on the 9th of November to visit the Westfield church was presented and read, together with all the papers pertinent thereto. Resolved, That this report be accepted. 2 PETITION FROM WESTFIELD— PETITION REFERRED. In connection with this report, a petition for the dis- solution of the pastoral relation of the Rev. Alexander McKelvey with the church and congregation of West- field was presented on behalf of the minority of the Westfield church.* On motion, this petition was referred to the existing committee on Westfield for consideration, and the com- mittee had leave to retire. The Moderator being chair- 3 man of this committee, requested the Rev. Mr. Street to preside during his absence. PETITION FROM WESTFIELD ANSWERED. 2:30 P. M. — The committee to whom the petition of certain members of the church and congregation of Westfield had been referred presented their report, which was accepted and adopted, and is as follows, viz. : Your committee having carefully read the petition re- ferred to them, and the accompanying papers, find the same to be a petition for the dissolution of the pastoral relation : but whereas they recite at great length the statements already made before your committee, and whereas it was agreed that the representations made be- * Petitions found on page 34 et scq. above. 79 fore the committee should be final, and whereas the sub- stance of these statements has been fully given to Pres- bytery in the report of the committee lead this morning ; tlierefbre we do not deem the leading of these papers ; advisable, but recommend that they be received and placed on file. WILLIAM C. ROBERTS, Chairman. MAJORITY AND MINORITY HEARD — HOUSE CLEARED— WESTFIELD CONSIDERED. The following resolutions were then adopted, viz. : Resolved, 1. That, in the judgment of this Presbytery, the majority and the minority of Westfield congregation „ have been fully heard. 2. That we now go into secret session, while de- liberating upon the report of our committee.* The Moderator accordingly jequested all persons present, and not being members of this body, to wiih- draw, which they did. Presbytery then [troceeded to the consideration of the report of the committee on the Westfield church, when the following preamble and resolutions were presented, viz. : 3 PREAMBLE AND RESOLUTIONS OFFERED. Whereas, The Synod of New Jeisey has directed the Presbytery to reconsider its action in the whole matter of the call and installation of the Rev. Alexjinder McKel- vey, and thereafter to decide whether said relation shall be continued or dissolved. And whereas, this Presbytery has carefully and fully reconsidered the whole matter ; therefoi'e. Resolved, 1- That, in the judgment of the Presbytery, the pastoral relation now existing between the Rev. Alexander McKelvey and the church at Westfield should ^ be and hereby is continued. * On motiou of Rev. E. Kempshall. 80 2. That, in view of irregularity as to itjcliiding the use of the parsonage in the salary of Mr. McKelvey, the congregation be instructed to reconsider this matter at their next annual parish meeting, and take the proper action for including the use of the parsonage in the sal- ary. 3. That the thanks of the Presbytery are hereby ten- dered to our committee for the faitlifuhiess and earnest- ness with which they have performed their duties. Recess until 7^ o'clock. 7^ o'clock. — The entire evening session was devoted to the consideration of the above resolutions. Adjourned till to-morrow morning 9:15 o'clock. Closed with prayer. Elizabeth, N. J., Dec. S, 1S74, ) 2 o'clock P. M. S WESTFIELD RESUMED— RESOLUTIONS ADOPTED. The consideration of the resolution relating to West- field was resumed. After much discussion, the previous 3 question was called for and ordered. The vote was then taken, when the first resolution was adopted by a majority of twenty-five to fifteen, and the second and third resolutions unaniiriously. Recess until 7:30 P. M. 7:30 P. M. C. B. RIPLEY'S PAPER DISPOSED OF. A paper purporting to be an Appeal and Complaint 4 of C. B. Ripley and others against the action of the committee of this body touching the affairs of West field church and congregation, was presented and read, and in relation thereto it was SJ Rewlced, That this Presbytery having had the report and the action of their committee thoroughly under re- view, having approved of tlie same, and having taken action in regard to the diHiculcies at Westfield in accori - ance witli the letter and spirir of the direction of Synod, finds nothing in this pa[)er which re(]uii'es or justifies further action. DISSENT AND PROTEST FROM WESTFIELD DISPOSED OF. The committee on tlie dirticulties at Westtield, in con- nection with their report, pi-esented also a Dissent and Protest of the minority of said church against their [tro- ceedings ; and v\ith it their answer to the same. In re- lation thereto it was llesolved, That, iiaving heard ther-e papers, all the ac- tion required is to place them on file with the Stated Clerk ; which is hereby ordeied. SUNDRY PAPERS PUT ON FILE. The Stated Clerk was instructed also to [)reserve in the same manner the report of the comm.ittee on West- field, the Minutes of tlieir several meetings, and the Minutes of the parish meeting of Westfield congi'egation held at their request. Also tlie two documents from the minority above disposed of, viz. : The Petition for the Dissolution of the Pastoral Relation, and the alleged Appeal and Complaint against the pi"oceedu)gs of the Committee. On comparison of the above extracts made by Dr. Charles A. Kinclj from the Minutes of Presbytery in my possession, I find them to be correct. JOHN C. RANKIN, Staled Cl( rk PresbijUnj of Elizabeth. Basking Ridge, N. J., March 2-2, 1875. U 82 EXHIBIT N. MINUTES OF PRESBYTERIAL COMMITTEE OR COMMISSION. " Westfield, N. J., November 19, 1874. Tlie committee appointed by the Presbytery of Eliza- beth at its session November 9th, in the lecture-room of the First Church at Elizabeth, under the order of the Synod of Nevi^ Jersey, directing the Presbytery " to re- consider its action in the whole matter of the call and installation of the Rev. Alexander McKelvey over the congregation at Westfield," njet in tlie lecture-room at Westfield, on Thursday, Nov. 19, at 2 o'clock, P. M. There wei'e present as follows : Rev. W. C. Roberts, D. D., chairman ; Rev. John C. Bliss, Rev. Theo. S. Brown, Elder Samuel Milliken, Elder T. Shafer. The meeting was opened with prayer by Rev. J. C. Bliss. Jlev. Tlieo. S. Brown was chosen clerk. The chairman then read the resolution of Piesbytery by which the committee was appointed, and which is as follows : Besolved, That a comiriittee of five be appointed, to consist of the Moderator as chairujan, and of two other ministers, and two elders (one of each class chosen from the mnjority and the minority of Presbytery, respective- ly, upon the question), this committee to confer with the representatives of the m;ijority and minority of Westfield congregation, and, fuither, if no adjustment of existing difficulties be agreed upon at such conference, that the committee then, in conjunction with the Session, call a par ish raeetinff to ascertain the sense of the Westfield 'O 83 congregation as to the continuance of the present pasto- ral relation — the committee to report the whole pro- ceedings to Piesbytery at a meeting to be held Decem- ber 7, 1874, at 10 o'clock A. M., in the Westminster Church, Elizabeth. Committee : Rev. W. C. Roberts, D. D. ; Rev. Theo. S. Brown, and W. H. Roberts, alternate ; Rev. John C. Bliss, and J. D. Bruen, alternate ; Elders S. Milliken, and N. W. Voorhees, alternate ; Elders T. Shafer, and Job Williams, altei'nate. The committee adopted the following rules of pro- cedure: 2 Rule I. — That no person be allowed to be present but the several commissioners who may be appointed to represent the majority and the minority respectively of the Westfield conorenation. o o Rule II. — That four commissioners be heard in be- half of the majority and minority respectively. Rule III. — That the commissioners of the minority 3 be first heard in full, and afterwards the commissioners of the majority, after which hearing the commissioners shall retire. Mr. Chauncey B. Ripley, presented the certificate of the appointment of the following commissioners to rep- resent the minority, viz. : Chauncey B. Ripley, Freder- ick A. Kinch, M. D., John T. Lawrence, James 0. Clark. Mr. Charles W. Beebe presented the certificate of the appointment of the following commissioners to repre- sent the majority, viz.: Charles W. Beebe, William W. ^ Baker, Addison S. Ciurk, Squier Pierson, Evert M. Pier- son as alternate for Squier Pierson. The alternate was present as commissioner. Mr. C. B. Ripley and F. A. Kinch, M. D., were first heard in behalf of minority. S4 Pending the heaving, the committee took recess for tea from 6 to 7 o'clock, P. M. Seven o'clock P. M.— Mr. C. B. Ripley, J. T. Law- rence, and James O. Clark were heard until hour of ad- journment at 9:4-5 P. M. The committee adjourned to meet on Friday, Nov. 20, at 2 P. M., in the same place. Westfield, Nov. 20, 1874, 2 P. M. The committee met agreeable to adjournment, in the lecture-room at Westfield at 2 P. M., and prayer was offered by Rev. Theo. S. Brown. There were present all the committee and all the commissioners. After a few remarks by the minority, Messrs. Charles W. Beebe, W. W. Baker, A. S. Clarkj and E. M. Pier, son were heard in behalf of the majority. Pending the hearing, the committee took recess for tea from 6 to 7 o'clock P. M. Seven o'clock P. M. — After recess, Mr. E. M. Pierson was heard to a conclusion. By vote of the committee, Mr. C. B. Ripley was further heard as to new matter introduced. Mr. Charles W. Beebe was also heard to the same ex- tent. The committee having heard all the commissioners to their entire satisfaction, uiged upon them to endeavor to come to some agreement among themselves. The sug- gestion was well received, and by agreement a meeting of conference was appointed Nov. 24, P. M. The committee adjourned to meet in the lecture-room Nov. 27, 2 o'clock P. M. Friday, Nov. 27, 1874. The committee met according to adjournment in the lecture-room at 2 P. M. Prayer was offerei by Elder Milliken. 85 There were present all the committee, as follows: Roberts, Bliss, Brown, Elders Milliken and Shafer, and all the minority and majoi'ity commissioners. Mr. C. B. Ripley lepoi ted that at a meeting of the minority of the congregation, the present commissioners wei-e empovvei'ed to conclude a definite settlement ot the existing difficultieSj if practicable. Mr. Charles W. Beebe reported that at a meeting of the majority of the consregation, the commissioners were instructed to conclude no arrangement involving the dissolution of the present pastoral relations. Mr, Ripley, in behalf of majority and minority com- missioners, reported that no meeting was held on the evening of Nov. 24, owing to the unavoidable detention of one of the commissioners, and also that an informal meeting had just been held without any satisfactory re- sult. It being apparent that the Conference could not ad- just existing difficulties, the several commissioners re- tired, and the committee entered upon examination of documents submitted until the hour for recess. Com- mittee took recess until 7:30 P. M. 7:30 P. M. — The committee met in the parlors of Mr. Beebe's house. After much d the Master's blessing for you, one and all, I am, yours truly, JAS. M. BRUEN. P. S. — My brother, Rev. E. B. Bruen, of PhiUi., was on at my house the other day, and he stated cases showing the ei)i7 of settling a man under the circun)Stances which this call presents. 127 EXHIBIT Y. MRS. CLARK'S LETTER. (Marked D.) To the Presbytery of Elizabeth : Reverend and dear Sirs : Pardon my seeming bold- ness in tiius venturing to address so honorable and rev- erend a body ; but the cause of our dear church is so near my heait that I cannot refrain frotn adding my voice to those who have already spoken. God in His wisdom has sent a dark and heavy cloud over the prospects of our beloved Zion. If we continue to pour forth our prayers and entreaties to Him, He \v\\\ scatter the storm that is impending over us, and make us once more tlie happy and united people w^e have been in years past. For more than sixteen years have I been connected with this church. Many happy hours have been spent in laboring with others for its prosperity, and more holy ones passed in prayer and praise within the walls of this edifice, so dear to us all because eaci] one lent a helping hand in rearing it. Our former beloved pastor, Mr. Edgar, was with us in every work. To him we looked for counsel, sure of his sympathy. In all things, whether in labor, in sor- row, or in suffering, his prayers were always with us, and for us. It is orir most earnest prayer that God will send us such another "pastor — one whom we can esteem, respect, and love — who will indeed be our father, coun- selor, a7id friend. The one that has been placed over us seems not like that to us. Is it right to continue him in such a sacred office, if we cannot ever respect and esteem him ? As a mother, whose greatest desire is to see her child- ren brought in their youth to confirm the vows made 12S by their parents in their infancy, I beg that you will carefully and prayerfully consiner the interests of this church. Oh that God's blessing would once more rest upon us ! His countenance is turned from us ; and while we sit in the shadow, our hearts are filled with grief and heaviness. Our prayers, our hopes, our very lives are consecrated to the well-being of our church? and until we can see harmony restored, we can only sit by as mourners, and pray that Grod will send the light upon our pathway once more. To you, as ministers of the gospel, consecrated to the service of our divine Master, we appeal and look for redress in this matter; and may God our Father grant you His heavenly wisdom. Reverently yours, HANNAH M. CLARK. Westfield, Nov. 25th, 1874. EXHIBIT YY. TRUSTEES OF CHURCH REFUSE THE MINORITY ACCESS TO CHURCH BOOKS. Westfield, N. J., Monday, July 6th, J 874. 3 Dr. F. a. Kinch : Dear Sir: I called on Mr. Orren Piei'son last Satur- day in relation to the inclosed list,* and asked the priv- ilege of examining the pew account of the trustees, stating to Mr. Pierson that the object of my examina- tion was to obtain proof for the Presbytery on Tuesday next. Mr. Pierson admitted that ther books were in his possession, and that he had especial charge of pew rent- * List :— CHARLES H. FRENCH, EDDIE E. FRENCH, WILLIAM C. TERRY, 4 WILLIAM C. PIERSON, RICHARD CANFIELD, CORRA OSBORN, JOHN H. LEVERIDGE, JAMES MOFFETT. 129 ing on behalf of the trustees. The books he could not exhibit to me at that time, he said, as they were locked up in his feed-store (we were then standing on the side- walk, in front of the feed-store). He promised to sub- mit the books to my inspection on Monday, at 7 a. m. I called at his feed-store at 7 a. m. this day, and not finding Mr. Pierson in, but his store locked, drove to his residence, and asked for permission to inspect the books. Mr. Pierson answered that, except on the order of the trustees, he declined to grant my request. I stated that it would be impossible for me to visit all the tiustees and ask permission, and inquiied if the trustees had so ordered, or whether he declined my ap- plication on his own motion. He said he had seen two of the trustees, and they had so directed him to answer my application. I aftei'wards saw Mi'. Connolly, another trustee, who said he had no objections to my inspecting the books personally. I again saw Mr. Pierson, and reported. He answered that he declined, notwithstanding the re- port from Mr. Connolly. I am informed Mr. Connolly is President of the Board of Trustees. Very truly, CHAUNCEY B. RIPLEY. P. S. — I will add that I have furnished the majority with copies of our points, and given them all the infor- mation they desired as to our puipose and action. R. 17 130 . EXHIBIT Z. PETITION OF MINORITY (TO GO DIRECT TO GENERAL ASSEMBLY), AND REASONS. • To the Pre&bytery of Elizabeth, N. J. : The minorit}^ of the churcli and congregation of the Westfield Presbyterian Cliurch, by their representatives ^ duly appointed, hereby respectfully petition and request your body to consent that our appeal, now pending, from your late action, to the Synod of New Jersey, be heard at the General Assembly in May next, by a committee or commission, to be appointed by the Assembly for that purpose. We are advised by those who know the practice of the Asseiribly that cases are sometimes taken directly from Presbytery to Assembly, where good reasons for so doing are presented. 8 We submit the following as considerations which will probably have weight with you in disposing of this ap- plication : Our case has been once before Synod, and the expres- sion of that body was very decided. This was last October, and Synod do not meet again for several months. Our case is one of acknowledged importance to all inrerested in Presbyterianism. We have reason to believe that a second judgment of 4 Synod will be taken to the Assembly for review, and the church thus be kept in a disturbed state for many months to come. The minority of the church and congregation, appel- lants, hereby tender their consent to go directly to the 131 General Assembly and abide by the decision of a com- mission, to be appointed by that body, as final. We hereby ask Presbytery for a similar consent on their part. Respectfully, CHAUNCEY B. RIPLEY, ^ Commk- JOHN T. LAWRENCE, | tee of DR. F. A. KINCH, j" Miiwr- JAS. O. CLARK. j ^ty- Westfield, N. J., April 20th, 1S75. EXHIBIT ZZ. REFUSAL OF PRESBYTERY. Basking Ridge, N. J., April 28, 1875. C. B' Rivley, Esq. : Dear Sir: The resolution offered in Pres., and lost, is transcribed on the other page. This is all the action taken in your case at our late meeting. Presbytery is to meet in the lecture-room of the First Church, in the city of Elizabeth, on the 14th of June, at 10 A. M. Yours respectfully, JOHN C. RANKIN. {Page 2 of Dr. Rankin's Letter.) The Moderator presented to Presbytery the following paper, which had been placed in his hands, viz. (your petition — which you have) : " Moved, That the request of the above petition be granted, and that Presbytery hereby expresses its con- sent that the case be taken directly to the General Assembly." This motion was lost. The above is a true extract from the Minutes of the Presbytery of Elizabeth, April 20th, 1875. JOHN C. RANKIN, Stated Clerk. I 1 Princeton Theological Seminary Libraries 1 1012 01217 6212